Ethical and Legal Considerations for Condo Managers in Handling Board Requests for Corporation Records

The Condominium Act, 1998 (Condo Act) serves as a guiding framework for the legal obligations of condominium corporations concerning the production, maintenance, and access to the condominium’s records. Additionally, the Act delineates the entitlements of owners to access these records, underscoring transparency in the management of vital information within the condominium community. It is crucial to recognize that while these records are owned by the corporation, the role of a condominium manager transcends mere custodianship, encompassing the responsibility to ensure the accuracy, detail, and protection of these records, while effectively overseeing the requests for records process.

The Ethical maze: Navigating Board Requests for Non-Core Records

What happens when a Director seeks access to owner e-mail addresses, phone numbers, or other records that owners would not typically be entitled to under the Condo Act—and how a management company has to respond.

This raises important ethical considerations for condominium managers, who are entrusted with safeguarding these records and handling requests with utmost caution in adherence to legal and ethical standards.

Ensuring Integrity in Requested Records: Legal and Ethical Guidelines for Condo Managers

Section 19 of the Code of Ethics under the Condominium Management Services Act, 2015 (CMSA) explicitly prohibits condominium managers from disclosing confidential information to third parties without prior written consent, except as mandated by law. At the same time, section 6(c) of Ontario Regulation 4/18 (under the CMSA) necessitates that managers provide records to the corporation upon request, highlighting the delicate balance between privacy and compliance within record management.

Deciphering Board Requests: Obligations and Cautionary Measures for Condo Managers

In handling requests for records, condominium managers are tasked with ensuring that any request emanates from the Board on behalf of the condo corporation as a whole, rather than from individual board members. If a request is received from an individual board member, it must be treated with the same scrutiny as any other request for corporation records. The Condominium Authority of Ontario has published a comprehensive guide detailing the records that owners and condo corporations are entitled to request, offering valuable clarity on the permissible scope of information access.

Navigating Board Requests: Best Practices for Condominium Managers

When confronted with a Board of Directors’ request for corporation records that may include sensitive details, such as e-mail addresses or phone numbers, condominium managers are advised to provide guidance to the board on appropriate communication with owners, emphasizing that any use of the records should align solely with the business of the corporation. Furthermore, seeking a legal opinion about the appropriateness of the request can offer valuable clarity and mitigate potential ethical and legal risks associated with improper access to confidential information. By adhering steadfastly to a Code of Ethics and seeking appropriate legal counsel when uncertainties arise, condominium managers can effectively safeguard the integrity and confidentiality of the corporation’s records, ensuring compliance with regulatory requirements and ethical standards.