Transparency More Important than Privacy

“Gunna strike all the big red words from my little black book”

Black Friday by Steely Dan

IS AN OWNER'S CORRESPONDENCE WITH THE STRATA PRIVATE?

A Strata is not supposed to keep secrets because transparency and accountability are necessary to good governance and democracy. When an Owner provides correspondence to the Strata, that correspondence becomes a record of the Strata and can be requested by any Owner. While a Strata may try and be discreet, there is no right to anonymity. Owners should assume that complaints, emails, and other written correspondence with the Strata will eventually be shared with other Owners.

We have other articles discussing a Strata's obligations for record keeping and an Owner's general right to records.

DOES THE PERSONAL INFORMATION PROTECTION ACT REQUIRE THAT CORRESPONDENCE BE KEPT PRIVATE?

The Personal Information Protection Act ("PIPA") does not allow a Strata to keep correspondence to the Strata private. The right to privacy afforded by PIPA is significantly restricted by the Strata Property Act.

PIPA provides that a Strata may use or disclose an Owner’s personal information without consent when authorized by law. The Strata Property Act provides numerous instances where a Strata is required by law to disclose personal information on request and without consent.

However, except as required or permitted by the Strata Property Act, PIPA does require that Stratas not use or disclose an Owner’s personal information without the Owner’s consent.

CAN AN OWNER REQUEST COPIES OF ANOTHER OWNER'S CORRESPONDENCE WITH THE STRATA?

An Owner may request, and the Strata must provide, copies of any correspondence sent or received by the Strata. This obligation applies to more documents than just correspondence.

The Strata Property Act provides that an Owner may request various documents and other records held by the Strata. The list of documents an Owner may request from the Strata includes:

• Correspondence sent or received by the Strata,

• Lists of Owners and mailing addresses,

• Lists of Tenant names.

When an Owner submits correspondence to a Strata, any other Owner can request a copy of that correspondence pursuant to the Strata Property Act. The Strata must then provide a copy of the correspondence within two weeks of the request. This is described in more detail in another article.

CAN THE STRATA REDACT INFORMATION FROM CORRESPONDENCE?

When an Owner requests document or other records held by the Strata, the Strata must produce the full unredacted document. The Strata Property Act does not permit a Strata to redact information.

CAN THE STRATA EVER REFUSE TO PRODUCE CORRESPONDENCE?

There are limited instances where a Strata may refuse to provide correspondence. A Strata may refuse to provide a copy of a legal opinion or other correspondence with its lawyer under a claim of solicitor-client privilege. A Strata may also refuse to provide correspondence with a non-lawyer under a claim of litigation privilege which protects communications and documents created for the dominant purpose of preparing for existing or reasonably anticipated litigation.

TRANSPARENCY, ACCOUNTABILITY AND DEMOCRACY ARE MORE IMPORTANT THAN AN OWNER'S DESIRE FOR ANONYMITY

There is no right to anonymity in a Strata and any correspondence sent to the Strata can be requested by another Owner. A Strata must be transparent and cannot provide redacted information.

An Owner should, therefore, be conscientious when submitting correspondence to the Strata and not write anything they later regret.