Condo directors have more authority in a condo corporation than many realize. What they say and don’t say, and to whom, can have serious implications.
A personal opinion may no longer be “just an opinion” when it comes from a condo director and relates to condo business.
Condo directors can and should be courteous and helpful when speaking with residents. They can sympathize. Statements, opinions or conclusions about responsibility for an incident should be avoided by condo directors as this can open the condo corporation to liability.
Condo directors should not make statements about fault. The problem may be water or property damage, noise or a “slip and fall”. Regardless, condo directors lack the expertise and often the insight to determine who is responsible. Neither a single board member nor a Condominium Manager can speak for the entire board unless such authority has been granted by the entire Board of Directors.
Tips for condo directors when discussing specific situations:
- Sympathize when discussing an incident but DO NOT volunteer an opinion.
- Condo directors SHOULD NOT make any statement to the victim of an incident. DO NOT answer questions about an incident to the individual involved. They may interpret statements in their favour. Such misunderstandings can worsen a difficult situation. It should be condo corporation policy that directors and management refrain from answering questions about incidents once an insurance company, investigator or lawyer is involved. Management and condo directors should limit their role to taking a statement and forwarding it along as appropriate.
- Condo directors should not speak with lawyers, insurance representatives or investigators. Agents representing an involved individual may use your statement as a representative of the Board of Directors or condo corporation. Inquiries about an incident should be directed, in writing, to the Board of Directors and not to a specific individual.
Publication Date: March 2017
