Condo Board Meeting Minutes: What Must Be Recorded to Stay Legally Safe

As a condo board member, you are a steward of a multi-million dollar corporation. While the discussions during a meeting can be lively and complex, the official record—the condo board meeting minutes—must be precise, professional, and legally robust. After decades in the industry, we have seen how poorly kept records can lead to disputes, while professional minutes act as a board’s primary shield against liability.

Why Condo Board Meeting Minutes Matter

The primary purpose of meeting minutes is to serve as a permanent, legal record of the corporation’s business. Many directors mistakenly believe that minutes should capture “who said what,” but this is a common misconception that can lead to legal exposure. Professional condo board meeting minutes are not a transcript; they are a formal record of the decisions made during a duly called meeting.

Accurate documentation ensures continuity for future boards and provides a clear audit trail for financial decisions. Without a clear record, a corporation may struggle to prove that it met its fiduciary duties or followed its own bylaws during a challenge from an owner or a legal entity.

Legal Requirements for Condo Board Meeting Minutes in Ontario

In Ontario, the governance of condominiums is strictly regulated by the Condominium Act, 1998. According to the Condominium Authority of Ontario (CAO), boards are legally required to create and keep “adequate” minutes of every meeting. This board meeting minutes legal requirements canada standard means the minutes must be sufficient for an owner to understand how the corporation’s affairs are being managed and the financial basis for any decisions made.

The CAO specifically mandates that minutes must include:

• The Essentials: The date, time, location, and a list of all attendees.
• Procedural Compliance: A record of votes, motions, and the appointment of any officers.
• Conflict Disclosures: Any disclosure of a conflict of interest made by a director must be recorded, including the fact that the director left the room during the related discussion and vote.
• Decision Rationale: A short summary of the topics discussed and the business carried out to provide context for the resolutions passed.

Ontario law also distinguishes between “core” and “non-core” records. Minutes from the last 12 months are considered core records and are subject to expedited access timelines for owners.

What to Include and Avoid in Condo Board Meeting Minutes

To stay legally safe, boards must find the balance between being too vague and being overly detailed. A professional minute taker knows exactly what requires a motion and approval. For instance, an example of condo board meeting minutes should always include the exact wording of a motion, the names of the mover and seconder, and the outcome of the vote.

The following table outlines the “Do’s and Don’ts” of professional documentation:

Note: Minutes should always be neutral and objective. [^1]

[^1]: Legal counsel often recommends that boards keep minutes brief to prevent the unintended waiving of solicitor-client privilege or the creation of evidence for future litigation.

How to Take Minutes at a Board Meeting

Understanding how to take minutes at a board meeting requires more than just good typing skills; it requires a deep understanding of the condo industry and parliamentary procedure. A professional minute taker is a vital asset who understands the rhythm of the meeting. They are trained to avoid board member liability by ensuring every action is backed by a proper resolution.

One of the most common mistakes is asking the property manager to take the minutes. This is highly discouraged because a manager’s role is to report, listen, and provide professional advice. A manager who is busy answering questions or explaining complex financial reports cannot simultaneously provide the focused, neutral attention needed to record accurate minutes. To ensure the integrity of the record, the minute taker should be a dedicated, impartial professional who is not distracted by the active management of the meeting.

One of the hallmarks of a great minute taker is their willingness to interrupt the board politely. If a discussion becomes circular or if a decision is reached without a clear mover and seconder, the minute taker must stop the proceedings to clarify the motion. This ensures that the draft record is accurate from the moment the meeting adjourns. Many boards find success by starting with a structured condo board meeting minutes template to ensure no mandatory sections are missed.

Common Mistakes to Avoid

The most dangerous mistake a board can make is attempting to change minutes outside of a board meeting. It is a fundamental rule of governance: professional minute takers will never allow changes to be made to the record via email or private conversation.

Other common errors include:

• Delaying Approval: Minutes should be drafted and circulated shortly after the meeting while memories are fresh.
• Recording Drafts as Final: Only the next board, at a subsequent duly called meeting, has the authority to change or approve the draft minutes.
• Including Too Much Detail: When you record the “dialogue” instead of the “decision,” you invite owners and lawyers to second-guess the board’s internal thought process.

How to Obtain Condo Board Meeting Minutes

Owners often wonder about the transparency of their board. Knowing how to obtain condo board meeting minutes is a right granted to all owners under provincial legislation. In Ontario, this process is strictly governed by the Condominium Authority of Ontario (CAO). Owners must use the mandatory CAO Request for Records Form to initiate the process.

The procedure for how to get condo board meeting minutes is standardized to ensure transparency:

1. Submit the Request: Use the prescribed CAO form and deliver it to the corporation via mail, courier, or email (if the board accepts electronic service).
2. Board Response: The board has 30 days to provide a formal “Board’s Response to Request for Records.”
3. Delivery Timelines: For “core records”—which includes minutes from the last 12 months—the corporation must provide access within 7 days of the request being finalized (or payment being received, if applicable).
4. Electronic Access: If you request these records in electronic format, they must be provided free of charge within that same 7-day window.

How CityTowers Helps Condo Boards Stay Compliant

At CityTowers, our primary mission is to educate our boards. This article is part of our ongoing effort to ensure directors are equipped with the knowledge needed to govern effectively. To maintain absolute impartiality and objectivity, we do not take minutes in-house. Instead, we have identified and vetted three of the best condo minute-taking companies in the industry to recommend to our clients.

Our role is to provide the guidance and structural oversight that makes professional documentation possible. We ensure:

• Procedural Integrity: We verify that all procedures required by the Condo Act are strictly followed.
• Pre-Meeting Preparation: We prepare and distribute detailed manager reports and attachments well in advance.
• Smooth Execution: By ensuring meetings are well-organized and professional, we create an environment where the minute taker can accurately capture decisions without distraction.

By partnering with a management company that prioritizes education and procedural excellence, you protect your directors and your community’s future.

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