In this day and age, a lot can be said with respect to electronic communication. In the context of condominium communities, e-mail can serve as a great tool for communicating with owners and residents alike. The delivery of event notifications, newsletters and other correspondence electronically has a number of advantages as this method of delivery saves paper, time and cost. Recipients no longer have to check a physical mailbox or bulletin boards; they simply log onto their computers or view their smart phones and can receive communications wherever they are in the world.

E-mail also provides written verification of correspondence that makes record keeping easy for management and owners. No longer is there a need for photocopying or paper filing. No longer does a distinction need to be made between residents and non-residents or postage costs incurred in delivery.

1. Unless all unit owners/residents are equipped to receive electronic correspondence, inequity exists. Some are kept more in the loop than others, and not necessarily by choice. This potentially gives rise to conflict or members of the community feeling left out if measures are not taken to otherwise communicate. As prevalent as e-mail has become, not everyone has an e-mail address and computer.
2. Reliance on technology can complicate rights and responsibilities.  Our office recently encountered a unit owner who claimed that a Notice of Lien issued in respect of common expense arrears was sent to an incorrect address. While he owned his unit for many years, he did not realize that the lawyer who represented him at the time of his purchase failed to sufficiently update the condominium corporation’s records as the condominium delivered correspondence to him by way of e-mail. Had the courtesy of e-mail communications not been extended, the owner may have realized his lawyer’s error, rectified it and been entitled to receive the Notice of Lien at the address he desired. (While this circumstance did not affect the legal position of the condominium corporation, it provides a practical example of the potential downside of electronic correspondence in view of servicing unit owners.)
3. Notice by E-mail. Section 47(7)(c) of the Condominium Act, 1998 (the “Act”) permits notices to be given to an owner by electronic mail or other methods of electronic communication if the owner agrees in writing for notice to be delivered in this manner. Even if all owners provided such written consent, problems can arise as: