When our Board of directors communicates by email, with all the co-owners, this is done so that we do not see the email addresses of the co-owners. As a result, no one can see the response of others, so we cannot discuss the subject of communication. I find this quite contradictory, since according to our declaration of co-ownership we have to provide our contact information and our email address to the board of directors. In addition, it is indicated that the register contains the email address of all co-owners.
The Board claims privacy justifies this approach to communication.
Question: Am I entitled to require the Board of directors to provide me with the email address of the co-owners?
Answer: The Board of Directors cannot disclose the e-mail address of the co-owners without their permission, either to third parties or co-owners. The consultation of the register and the documents it contains, made available to the co-owners only, must be done in accordance with the provisions of the Civil Code of Quebec and the law ensuring the protection of personal information. The first paragraph of section 1070 C.c.Q. states:
« Among the registers of the co-ownership, the syndicate keeps at the disposal of the co-owners a register containing the name and mailing address of each co-owner; the register may also contain other personal information concerning a co-owner or another occupant of the immovable if he expressly consents to it. In addition, the register contains the minutes of the meetings of the co-owners and of the board of directors, the resolutions in writing, the by-laws of the immovable and any amendments to them, and the financial statements. »
This section of the Code was amended by the Bill l6, to state that the only information that can be communicated about the co-owners is the postal address.
The information provided to the Board of Directors may be more complete and, in particular, include email addresses. For this reason, section 37 C.c.Q., which deals with the confidentiality of personal information, states:
« Anyone who makes a case about another person must have a serious and legitimate interest in doing so. It may only collect information relevant to the stated purpose of the record and cannot, without the consent of the person concerned or the authorization of the law, disclose it to third parties or use it for purposes inconsistent with those of its constitution; nor can it, in the constitution or use of the record, otherwise infringe the individual's privacy or reputation. »
Finally, section 34 of the Act to establish a legal framework for information technology, unless the co-owner reports to the Board of Directors in writing. The confidentiality of the co-owners' email addresses must therefore be protected by a means appropriate to the mode of transmission, including communication networks.
