Condominium and Cooperative Law

Serving on a co-op or condominium board carries with it not only fiduciary responsibilities, but also practical risks, particularly when it comes to litigation. Discovery (the process of collecting and reviewing communications and documents in a lawsuit) can often be challenging and complicated. Often emails from personal or even work accounts are swept into litigation. Fortunately, there are simple preventative steps board members can take. By setting up dedicated communication practices, especially around email, directors can significantly reduce the risks of unnecessary exposure and disruption. Joshua Stricoff, an associate at Herrick, offers a checklist that provides straightforward, no-cost solutions that every board director should adopt.

Good email habits aren’t just about convenience — they’re a form of protection for you, your fellow directors, and your building.

Understand Why Discovery Matters

• If your board becomes involved in a lawsuit, all communications related to board business may be collected and reviewed by attorneys.
• Discovery often involves forensic access to email accounts — meaning a vendor may download your inbox, sent mail, and deleted messages for review.
• When directors use personal or work email for board business, this process becomes slower, more expensive, and more intrusive.
• Using a work account can also involve your employer’s IT and legal departments, creating complications and confidentiality risks.

Establish a Dedicated Board Email Account

• Create a separate email address (e.g., [email protected]) exclusively for your board communications.
• Link this account to your preferred email client so you can manage it easily without logging in separately.
• Never use personal or corporate email accounts for board business; separating them keeps sensitive personal, financial, and work-related data out of legal proceedings.
• Encourage all board members to do the same. Consistency across the board will make discovery easier, faster, and less costly if litigation arises.

Maintain Good Email Hygiene

• Treat every board-related message as if it could one day appear in a lawsuit.
• Keep communication factual, professional, and free from emotional or offhand comments.
• Avoid sharing personal information or confidential building details unless necessary.
• Keep all board-related emails confined to your dedicated account to prevent accidental crossover.
• Ask yourself: Would I be comfortable seeing this email as an exhibit in court? If not, reconsider sending it.

Reduce Legal and Financial Risks

• Personal and business accounts can slow discovery by weeks or months, forcing lawyers to coordinate with employers’ IT and compliance departments.
• One board member’s use of a personal account can stall progress for the entire board. These delays add thousands of dollars in legal fees. 
• Keeping communication centralized protects sensitive personal materials such as tax documents, estate planning records, and trade secrets from ever being accessed.

Prepare for Litigation as an Inevitability

• Assume that at some point, your board will face a legal dispute — large or small.
• By establishing clean email practices now, you’ll save time, protect privacy, and avoid embarrassment later.
• A dedicated account and disciplined communication habits ensure that discovery, if it happens, is quick, inexpensive, and minimally invasive.

This article first appeared in the November 2025 Issue of Habitat Magazine. Access may require a subscription.