26/01/2024 – Jurisdiction Ontario
Part 85 published on 01/03/2024
Recording of Virtual AGM was a record of the condominium corporation
The Applicant owner asked to receive the audio / video recording of the corporation’s AGM (which had been held virtually) as well as any audio / video recordings of the Board’s Meetings (which had also been held virtually).
The Tribunal held that these recordings are records of the condominium corporation and that owners are therefore entitled to see them. This was true even if the recordings were created by a third-party agent (hired as a minute taker by the condominium corporation). The Tribunal said:
It is fair to say that virtual meetings are now the norm and will likely continue to
expand in use and frequency. Condominium corporations should therefore be
mindful of this fact and that recordings of virtual meetings are fast becoming a type
of record which should be managed with care and attention for the benefit of all
owners. Condominium corporations must take all possible steps to adequately
preserve those records and make them available to owners, on the same footing
as any other record as per the requirements of the Act and its regulations. Of
course, the exceptions provided in the Act and regulations, such as in subsection
55(4) of the Act, continue to apply. In sum, technological advances should be used
in such a way so as to make access to the records of condominium corporations
easier and more beneficial for all concerned parties.
Bogue v. Carleton Condominium Corporation No. 288, 2024 ONCAT 15