Sharing Email Accounts: No Big Deal Or Disaster?

DISASTER. In the technological age, the use of communication by electronic mail is easier than ever. Most of us have computers, smart phones, or even tablets such as iPad and Kindle. With this easy use comes security and privilege challenges that most of us never even think about when reviewing and sending emails related to Association business.

As a board member, much is now discussed through electronic mail between board meetings. You also receive a great number of communications, advice and opinions from our office through electronic mail.

Now ask yourself who has access to your email account? Do you share your account with your spouse, family or significant other? Does your office monitor your work emails? If the answer is yes, then you may be inadvertently waiving the attorney-client privilege, or jeopardizing the confidentiality of the Board.

The attorney-client privilege extends to the board member team, not to any other individual. Once other individuals see, hear or otherwise know about the advice or opinion of the attorney, it becomes public knowledge and the privilege terminates. Your litigation strategy or contract discussions become available to everyone.

Likewise, if the association’s records are subpoenaed, the association’s emails along with the shared personal, family and work emails would have to be turned over.

Every Board Member must have his/her own electronic mail address. With free services like Gmail and Yahoo! there is no reason to share your personal email with the Association’s email. Only you, as the board member, can have access to the password for this account to protect the integrity of the information.

A dedicated account provides a layer of protection so that the attorney-client privilege is not waived, the Board’s confidential discussions or debates, as well as the emails to and from your spouse, family and work are not made public.

If upon reading this article, you open a new account, do not forget to send us the updated address.

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