29/07/2021 – Jurisdiction Ontario
Part 75 published on 01/09/2021
CAT gives direction about proper preparation of Board Minutes
The CAT determined that the condominium corporation’s Board Minutes were not “adequate”. The CAT said:
… an adequate record of a board meeting is a document with sufficient detail to allow the owners to understand what is going on in their corporation, how decisions are being made, when the decisions are made and what the financial basis is for the decisions.
The CAT held that the Board minutes must contain proper detail of the transactions and decisions taken by the Board (whether or not the Board had purported to make decisions outside of Board meetings). [The CAT made no finding as to whether or not decisions could be made outside of Board Meetings. But any such decisions nevertheless had to be recorded in the Minutes.]
In terms of the approval of previous minutes, the CAT said that the Minutes must, for sake of certainty, provide the date of the previous minutes.
In terms of a remedy, the CAT decided “to leave it to the corporation to determine how best to ensure that it records all business transactions and decisions in its minute book”.