13/05/2019 – Jurisdiction Ontario
Part 66 published on 01/06/2019
Emails not part of condominium records
The Applicant owner applied to the Tribunal for access to email correspondence relating to the condominium corporation’s renewal of a gas contract. The email correspondence in question was referenced in Board minutes.
The Tribunal held that the email correspondence was not part of the corporation’s records (and the owner was accordingly not entitled to the requested order). The Tribunal said:
Section 55(1)(2) of the Act speaks to condominium corporations keeping a minute book containing the minutes of owners’ meetings and board meetings. It does not require a condominium corporation to keep a transcript of discussions (oral or by email) between directors within or beyond duly constituted Board meetings.
If the Minutes intended to affix the Emails as a schedule thereto, that might have qualified them as records of the Respondent; however, there is insufficient evidence to support that being the intention.
Kai Sin Yeung v Metropolitan Toronto Condominium Corporation No. 1136, 2019 ONCAT 11