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Should Condo Boards Have Your Contact Info?

When serving as a member of a condominium board, one of the responsibilities is to facilitate communication between the board and the unit owners. However, this raises an important question: Can board members have access to the contact information of specific owners? The answer is nuanced, as it involves balancing the need for effective communication with respect for privacy.

Privacy Concerns and Legislation

The Condominium Act, 1998 (the "Act"), which governs condo corporations in Ontario, outlines specific rules related to the privacy of unit owners. The Act recognizes that while board members have a duty to manage the condominium effectively, the privacy of individual owners must be protected. Unit owners' personal information, such as contact details, falls under privacy laws, which are governed by both the Condominium Act and applicable privacy legislation.

Under the Personal Information Protection and Electronic Documents Act (PIPEDA), personal information collected by the condominium corporation is subject to strict confidentiality guidelines. This means that condo boards cannot simply disclose or share contact information for individual owners without consent, unless there is a specific legal or operational need to do so.

Approvals from Other Board Members

Even if a board member believes it is essential to contact a specific owner, they are generally not permitted to access or use that owner’s contact information without proper authorization. Before using personal information, board members should typically seek approval from the rest of the board. This ensures that there is consensus on the necessity and appropriateness of contacting a specific owner.

The board should also establish a privacy policy that outlines how personal information will be used, stored, and protected. This policy must align with both the Condominium Act and relevant privacy laws to avoid breaches of confidentiality or misuse of personal data.

When Can Board Members Access Owner Information?

While privacy is crucial, there are specific circumstances under which a condo board member may access owner contact information:

1. Official Board Business: If a board member needs to reach an owner for legitimate, official purposes, such as addressing an issue concerning common elements or unit maintenance, it may be deemed acceptable, as long as it aligns with the privacy policy.
   
   

2. Owner Consent: If an owner has voluntarily shared their contact information with the board, then the board can use it in accordance with the intended purpose, such as community announcements or voting matters.
   
   

3. Emergency Situations: In rare cases where there is a safety concern or emergency, board members may be able to use owner contact information to provide urgent notifications or responses.
   
   

However, any use of owner information should be transparent, justified, and comply with the established privacy framework.

Conclusion

While condo board members do have a legitimate interest in communicating effectively with unit owners, they must respect privacy laws and obtain the necessary approvals to access or use specific owner contact information. Both the Condominium Act and privacy legislation, such as PIPEDA and FIPPA, provide safeguards to ensure that owners' personal information is not misused. Board members must adhere to these laws, seek consent where necessary, and follow their condominium’s privacy policy to ensure a respectful and legally compliant handling of personal data.

By balancing the need for communication with privacy concerns, condo boards can serve their communities while maintaining trust and protecting owners' rights.