Communication: Be Smart and Err on the Side of Caution

Time May 10, 2012 User Jonathan Fine Email Print Comment 0 Comments Share Link

In a lawsuit, a condominium corporation, like any other party, is obliged to produce to the other side, any relevant “documents”, which includes electronic records.  In order to prevent having to produce potentially embarrassing or worse, damaging documents:

  1. avoid informal discussions concerning the condominium corporation’s business outside of a duly called director’s meeting;
     
  2. only write what you would write in a formal letter, as informality, joking around, sarcasm and the like can be misconstrued in a court; and,
     
  3. separate business notes, records and emails from personal notes, records and emails.

Finally, as soon as you know or suspect that the condominium corporation will be involved in litigation, you must not only ensure that records are retained and preserved, but also that you can prove that the condominium corporation took steps to cause this to occur.

Tags: documents,  electronic records,  litigation
Categories: Condo Litigation

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