Using Personal Email Accounts For Co-Op Business Is A Very Bad Idea

For many co-op and condo board members, email is the default means of communication. Most people have two accounts: a personal one that may also contain family, medical and financial information; and a business account that might contain confidential, proprietary or insider information. Both accounts may contain information that is protected by the attorney-client, marital, or another privilege.

When co-op and condo boards get involved in disputes and lawsuits – a virtual inevitability in New York City – the process often leads to what's called "electronic discovery," which includes the search of email accounts. This is a minefield because there may be no expectation of privacy when a board member uses a personal or business email account for co-op or condo business. In a dispute or litigation, subpoenas can be served and those email accounts may be subject to disclosure to third parties. The cold reality is this: the use of a personal or business email account