Smart E-mails: Avoiding Use Of The Technology

E-mail communication has become a tool that many Boards cannot function without. Many items can be discussed quickly and efficiently without the delay of having to meet to discuss or setting up telephone conferences with all board members. However, along with the ease of the technology comes a price. E-mail tends to be conversational in nature an often the drafter tends to write things in an e-mail that perhaps they would not say in person, or what they do write is misinterpreted.

Some Boards are finding themselves in hot water over e-mail communications that they thought would be private, yet end up being documents that a Unit owner is entitled to see. Knowing how to use this valuable source of communication correctly can be very beneficial and time saving to many associations.

It is very important to treat e-mail as a formal communication. Draft it like you would a formal letter and avoid any careless or backhanded remarks. Especially when discussing a Unit Owner request or complaint. These documents are now a record of the association. What you write in an email will not go away, even if you delete it. Forensic experts can pull deleted e-mails from your computer’s hard drive. So careful drafting and avoidance of snide remarks can go a long way in avoiding conflict.

Never send e-mail when you are angry. The tone and style and punctuation of your e-mail can cause misinterpretation of the content. If you must do so, save it as a draft, take some time to cool off, then revise it before you send it.

A good rule of thumb is to write an e-mail expecting to see it blown up on a screen for a jury to read or expecting to see a reporter reading it on the news. If you think it would reflect poorly on you, the board or the association, do not send it.

Another tip is to not use the “reply-all” function. Often in long e-mail address lists, some addresses are cut off and you can inadvertently send someone an e-mail that should not receive it. For example, a homeowner send the whole board an e-mail, you type your reply intending to send it only to the board but you end up sending it back to the Unit Owner with your comments.

Another major concern is that some Boards are using e-mail to make Board decisions. While discussion and information sessions are a good use of e-mail for efficiency and speed purposes. Any formal decision must be memorialized at an actual official Board meeting where there are minutes to reflect the decision made.

As you have all learned from past articles, discussion should never be included in your minutes of your meetings, so using your e-mails as the minutes is a dangerous practice.

Another reason to memorialize any decision at your official Board meeting is that in Ohio, Boards are required to have open Board meetings where Unit Owners have the chance to attend.
Making your decisions via e-mail and not ratifying those decisions at your next open board meeting will result in violations of the open meeting requirements. This need to ratify the decision later also gives the Board time to “cool off” on any hot-button issues before delivering their decision. This can help with more effective communication with the Unit Owners and a more thought out response to any resistance.

It is important to remember that e-mails are communications and are open to inspection by the Unit Owners unless they contain privileged information. Copying your attorney on the e-mail will not automatically make the e-mail privileged. Content will dictate what is privileged.

Another use of e-mail that needs to be exercised with caution using it as a source of delivery of notices. Both parties must agree to deliver and receive the notice via e-mail. It is important to note that not all members will use or have access to e-mail. So traditional methods will still need to be used by the Board if the owner does not agree to e-mail notification.

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