Monthly Archives: February 2018

The Dangerous Side of Security Cameras

Copyright by, and republished with permission of, Habitat Magazine.

Surveillance cameras are a valued tool for keeping co-op and condo residents safe. They also have a dangerous side – when their footage is needed as evidence following a crime or accident on the property. Boards need to understand that they have legal obligations – and that they’re open to liability – in such situations.

When a board learns that someone has slipped on ice and fallen on the property, sustaining personal injury, it should immediately do three things. First, notify the managing agent; second, have the agent put the building’s liability insurance carrier on notice; and third, implement a so-called “litigation hold” with respect to all surveillance videos in, on, or around the premises.

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Using Personal Email Accounts for Co-op Business Is a Very Bad Idea

Copyright by, and republished with permission of, Habitat Magazine.

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.

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DANGER WARNING: USING OFFICE EMAIL FOR PERSONAL MATTERS

Corresponding by email has, in many situations, become our default method of communicating.  The ease and efficiency of email often trumps consideration of the vehicle used for such communications.

Beware:  There is no categorical expectation of privacy when using business email for non-business purposes.

Thus, using business email for private matters may expose your business accounts to a subpoena and search.  And, in some cases, such use may also waive the attorney-client or other privileges.

Complicated and expensive litigation often ensues:

In re Asia Global Crossing, Ltd., 322 B.R. 247 (Bk. Ct. S.D. N.Y. March 21, 2005) Continue reading