18/09/2020 – Jurisdiction Ontario
Part 71 published on 01/09/2020
Tribunal orders condominium corporation to correct errors in Minutes
The Tribunal found that the condominium corporation had failed to keep adequate records as required by Section 55 of the Condominium Act in that the Board minutes from January 2017 contained errors in relation to a contract described in the minutes. The Tribunal ordered the condominium corporation to correct the minutes. The Tribunal said:
I conclude that amongst the records of a condominium corporation, the minutes of board meetings have a special place and purpose in helping to ensure that “the affairs and dealings of the corporation and its board of directors are an open book to… the unit owners,” and in helping owners protect their “unique interest in how the corporation is managed.” Considering all these points and principles, it seems reasonable that, in the case of minutes of board meetings in particular, a reasonably high standard and expectation for accuracy should be applied.
The Tribunal declined to order any penalty because the Tribunal’s authority to order a penalty applies only to unreasonable refusals to provide requested records.
Yeung v. Metropolitan Toronto Condominium Corporation No. 1136 v Condominium Authority Tribunal