Condo Media - January 2018 - 41

management and governance of the
community, and to make those records
available to owners who request them.
Because most of these statutes and
documents were written before email
existed, they don't usually reference
electronic communications specifically. But it is possible, and
even likely, that some courts would
rule that email communications
qualify as official records that boards
must preserve and make available
to owners. Consider that prospect
for a moment.
Trustees speaking in an open meeting usually temper their comments
accordingly. They don't always exercise the same restraint in email communications. Intemperate remarks in
a meeting will be heard only by those
attending it and, in most cases, soon
forgotten. Angry or unflattering email
messages that become part of the
association's official records could be
featured on owners' blogs or on Yahoo,
where they will have a very wide audience and a very long shelf life.
THE 'OOPS' RISK
There is also the potential for sending
an email accidentally to someone who
shouldn't receive it. Hitting "reply all"
on a message will send it to everyone
on that email thread, including,
perhaps a board member about whom
you have made disparaging remarks-
awkward, to say the least. Mischievous
or malevolent hacking by a third party
could also circulate what is supposed
to be a private email discussion among
board members to the entire community-or the world.
The Missouri Bar Association is so
concerned about the security risks
inherent in email, it requires law firms
to include this disclaimer in their electronic communications:

1
2

Email communications are not a
secure method of communication;
Any email that is sent to you or
by you may be copied and held
by various computers it passes

through as it goes from sender
to recipient;

3

Persons not participating in our
communication may intercept our
communications by improperly
accessing your computer or my
computer or even some computer
not connected to either of us,
which the email passes through.
I am communicating to you via
email because you have consented
to receive communications ...

IS IT PRIVILEGED?
The unintended and possibly widespread circulation of "private" email
communications, through hacking or
carelessness, could prove embarrassing for individual board members and
for the entire board. But potential
embarrassment isn't the only concern.
Email messages are no different
from any written document you might
produce: Anything you say in an email
message is potentially "discoverable"
by your adversaries in a legal proceeding, who could, and almost certainly
would, use any negative or incriminating information against you.
Communications with the association's attorney are protected by
attorney-client privilege, and so, aren't
generally subject to discovery-unless
board members waive the privilege,
which they would do, albeit unintentionally, by sharing the contents of an
otherwise protected communication
with a third party that isn't covered by
the privilege.
Illustrating the point, a Massachusetts Superior Court judge
ruled recently in a suit challenging
the transfer of stock that email communications between the plaintiffs
and their attorney weren't privileged
because the plaintiffs had shared those
messages with their brother, who was
not represented by the attorney.
This is a complex area in which
the legal boundaries aren't entirely
clear. For example, a board member
who shares the contents of an attorney's
privileged communication with a

THE
'OOP S'
RISK
There is also the potential
for sending an email
accidentally to someone
who shouldn't receive it.
Hitting "reply all" on a
message will send it to
everyone on that email
thread, including, perhaps
a board member about
whom you have made
disparaging remarks-
awkward, to say the least.
Mischievous or malevolent
hacking by a third party
could also circulate what
is supposed to be a
private email discussion
among board members to
the entire community-
or the world.
January 2018

41



Table of Contents for the Digital Edition of Condo Media - January 2018

Table of Contents
Condo Media - January 2018 - Intro
Condo Media - January 2018 - Cover1
Condo Media - January 2018 - Cover2
Condo Media - January 2018 - Table of Contents
Condo Media - January 2018 - 2
Condo Media - January 2018 - 3
Condo Media - January 2018 - 4
Condo Media - January 2018 - 5
Condo Media - January 2018 - 6
Condo Media - January 2018 - 7
Condo Media - January 2018 - 8
Condo Media - January 2018 - 9
Condo Media - January 2018 - 10
Condo Media - January 2018 - 11
Condo Media - January 2018 - 12
Condo Media - January 2018 - 13
Condo Media - January 2018 - 14
Condo Media - January 2018 - 15
Condo Media - January 2018 - 16
Condo Media - January 2018 - 17
Condo Media - January 2018 - 18
Condo Media - January 2018 - 19
Condo Media - January 2018 - 20
Condo Media - January 2018 - 21
Condo Media - January 2018 - 22
Condo Media - January 2018 - 23
Condo Media - January 2018 - 24
Condo Media - January 2018 - 25
Condo Media - January 2018 - 26
Condo Media - January 2018 - 27
Condo Media - January 2018 - 28
Condo Media - January 2018 - 29
Condo Media - January 2018 - 30
Condo Media - January 2018 - 31
Condo Media - January 2018 - 32
Condo Media - January 2018 - 33
Condo Media - January 2018 - 34
Condo Media - January 2018 - 35
Condo Media - January 2018 - 36
Condo Media - January 2018 - 37
Condo Media - January 2018 - 38
Condo Media - January 2018 - 39
Condo Media - January 2018 - 40
Condo Media - January 2018 - 41
Condo Media - January 2018 - 42
Condo Media - January 2018 - 43
Condo Media - January 2018 - 44
Condo Media - January 2018 - 45
Condo Media - January 2018 - 46
Condo Media - January 2018 - 47
Condo Media - January 2018 - 48
Condo Media - January 2018 - 49
Condo Media - January 2018 - 50
Condo Media - January 2018 - 51
Condo Media - January 2018 - 52
Condo Media - January 2018 - 53
Condo Media - January 2018 - 54
Condo Media - January 2018 - 55
Condo Media - January 2018 - 56
Condo Media - January 2018 - 57
Condo Media - January 2018 - 58
Condo Media - January 2018 - 59
Condo Media - January 2018 - 60
Condo Media - January 2018 - 61
Condo Media - January 2018 - 62
Condo Media - January 2018 - 63
Condo Media - January 2018 - 64
Condo Media - January 2018 - Cover3
Condo Media - January 2018 - Cover4
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202205
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202204
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202203
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202202
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202201
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202112
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202111
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202110
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202109
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202108
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202107
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202106
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202105
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202104
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202103
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202102
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202101
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202012
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202011
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202010
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202009
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202008
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202007
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202006
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202005
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202004
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202003
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202002
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_202001
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201912
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201911
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201911_v2
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201910
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201909
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201908
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201907
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201906
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201905
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201904
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201903
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201902
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201901
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201812
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201811
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201810
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201809
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201808
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201807
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201806
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201805
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201804
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201803
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201802
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201801
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201712
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201711
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201710
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201709
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201708
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201707
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201706
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201705
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201704
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201703
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201702
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201701
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201612
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201611
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201610
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201609
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201608
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201607
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201606
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201605
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201604
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201603
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201602
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201601
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201512
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201511
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201510
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201509
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201508
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201507
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201506
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201505
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201504
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201503
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201502
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201501
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201412
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201411
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201410
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201409
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201408
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201407
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201406
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201405
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201404
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201403
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201402
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201401
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201312
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201311
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201310
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201309
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201308
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201307
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201306
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201305
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https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201303
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201302
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201301
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201212
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201211
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201210
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201209
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https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201201
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https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201111
https://www.nxtbook.com/nxtbooks/mcneill/condomedia_201110
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