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#18689
Lroyt ()
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Electronic Communication Consent Form Template 2017/03/08 12:39  
Hi,

I've searched for a template of an Electronic Communication Consent Form, but found nothing. I am publishing a template which I prepared for our condominium. Probably, it can be useful for other condos.

Electronic Communication Consent Form Template, version 1.00

All thoughts and suggestions how to make the form better will be much appreciated.

Best Regards,
Leo
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#18690
WITHOLDING E-MAIL ADDRESSES from disclosurable unit records : Communication Consent Form Template 2017/03/08 18:06  
1- This is NOT legal advice, which review should be obtained from an insured member of the Law Society.

2- By failing to consent to release of the Consenter's(s')e-mail address(es), this Form as worded means that records requesters will NOT have a right to obtain access to OTHER OWNERS' e-mail addresses under the Records Accessing provisions of the Condominium Act 1998.

This is a deliberate 'default setting' provided within what the Province has published as the Plain Language Summary of the proposed changes to O.Reg 48/01.

That "Plain Language Summary" reads : p 35 “. .. . The proposal provides that requesters would not have a right to access the email addresses (or other methods of electronic communication) agreed to by owners or mortgagees for the purposes of receiving notices from the corporation, unless those owners or mortgagees agree to such access . . . See in particular proposed s. 13.11 of O. Reg. 48/01 for more detail. . . . . .“

* Shown further below is the actual texts of proposed amendment to O.Reg 48/01. *


3 - A WITHHOLDING ISSUE : One way of looking at this issue is that making such the 'default setting' is consistent with legitimate concerns about privacy & misuse of one's e-mails.

One Small Claims judge addressed his own view -correct or incorrect - of the issue before the Province published these http://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=18443&catid=2#18443

4 - BUT the downside is that it further "un-levels the playing field" and may make it tougher to stop mis-managment.

Management will save bucks & time for periodic disclosuring to owners, if it actually decides to obey the law.

BUT kvetchers trying to reach owners with beefs or seeking support for electoral change or Director removal Requisitions, will NOT have such ease & cheapness of access. It won't be disclosurable unit-specific data.

As a member of a pre-condo Building Scheme, I myself for years have had my own e-mail disclosed to the other co-owners. It has not been the end of the world. I have suffered no damage nor misuse. We know everyone else's e-mail.

Sometimes shareholders are WELL SERVED to be reachable by those who think mis-management is occurring.
“WORLDMARK, THE CLUB v. WYNDHAM RESORT DEVELOPMENT CORP.” issued Aug 23 /25 2910 California Court of Appeals 3 rd District http://www.leagle.com/decision/In%20CACO%2020100825002/WORLDMARK,%20THE%20CLUB%20v.%20WYNDHAM% 20RESORT%20DEVELOPMENT%20CORP

A credible case respectfully exists however to compel disclosure of e-mails to shareholders of commercial corporations. It may not be in the public interest to risk allowing an out of control dominant group to keep e-mail addresses from other commercial stakeholders - and maybe even from regulators. Some U.S states force the compulsory disclosuring of condo & HOA owner e-mail addresses on request by other owners.

5 - * EXCERPT from the 69 page actual text of O. Reg 48/01 amendments http://www.ontariocanada.com/registry/showAttachment.do?postingId=23688&attachmentId=33910
Interpretation for s. 55 of the Act and exceptions

"pg 56 (2) The following are prescribed records for the purpose of clause 55 (4) (d) of the Act:

1. A record of the method of electronic communication set out in an agreement described in clause 47 (4) (c) or (5) (c) of the Act.


pg 57 13. 1 1 (1) For the purpose of clause 55 (4) (c) of the Act, (3) A corporation may disclose a record described in paragraph 1 of subsection (2) if the owner or mortgagee, as the case may be, in respect of whom the record relates has provided written consent to the corporation to allow a copy of the record to be made available for examination or for delivery by the corporation for the purpose of section 55 of the Act"
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