Bogue v. Carleton Condominium Corporation No. 288 (Condominium Authority Tribunal) January 26, 2024

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