To Speak or Not to Speak, That Is the Question

The article discusses the increasing pressure on condominium board members to share information with owners and residents outside of the board. It highlights the importance of maintaining confidentiality due to sensitive information that directors come across in managing the affairs of a condominium corporation. Although the Condominium Act, 1998, and its regulations do not expressly state that board members are subject to confidentiality, directors have a statutory fiduciary duty to act in the best interests of the corporation. Breach of confidentiality may lead to personal liability and costs, as directors cannot be indemnified for such breaches. The article suggests that directors can sign and comply with a Directors' Code of Ethics to protect confidential information and follow guidelines from the Personal Information Protection and Electronic Documents Act (PIPEDA) to safeguard personal information of owners and residents.