Situations Where Confidential Information May Be Disclosed Without Consent
Confidential information generally requires board consent before being shared. However, there are exceptions where disclosure is legally required or justified:
Legal Compliance – If a court order, subpoena, or government investigation requires disclosure.
Regulatory Requirements – When mandated by the Real Estate Council of Alberta (RECA), law enforcement, or other government agencies.
Emergency Situations – If failure to disclose could endanger the safety, security, or well-being of residents (e.g., a fire or criminal activity).
Financial or Legal Obligations – If required by financial institutions, auditors, or insurers reviewing condominium financials.
The Real Estate Act Rules require that industry members must disclose information when required by law and ensure confidential information is only shared appropriately.
Obtaining Informed Consent from the Condominium Board
If disclosure is not legally required, condominium managers must seek board approval before sharing confidential information. The process includes:
Identifying the Request
Who is requesting the information?
What type of information is being requested?
Is there a legal basis for disclosure?
Reviewing the Request Against Legislative Requirements
Determine if the request aligns with the CPA, Real Estate Act, and brokerage policies.
Seeking Board Approval
Present the request to the board at a meeting or through a written notice.
The board must review and formally approve disclosure.
Documenting the Decision
Record the approval in meeting minutes.
Ensure that all disclosed information is documented in compliance with privacy laws.
Legislative and Ethical Considerations for Handling Confidential Information
Condominium managers must balance transparency with confidentiality to protect owners, the board, and the corporation. Key ethical and legal considerations include:
Confidentiality Agreements – Managers should avoid sharing confidential board discussions or personal owner details without explicit consent.
Secure Information Storage – Records should be stored securely and only accessible to authorized personnel.
Limiting Disclosure – Only disclose the minimum necessary information to fulfill legal or operational obligations.
Privacy Protections – Ensure compliance with the Personal Information Protection Act (PIPA) in handling resident data.
Risks Associated with Improper Disclosure
Failure to comply with confidentiality laws can lead to:
Legal Action – Unauthorized disclosure could result in lawsuits or penalties.
Regulatory Penalties – RECA may investigate and impose sanctions for improper disclosure.
Reputational Damage – Breaching confidentiality can lead to loss of trust from boards and residents.
Financial Consequences – Fines or legal costs may arise if sensitive information is mishandled.
