CCI Manitoba Chapter News
Are AGM recordings records of the corporation?
Do you record your electronic meetings (such as board meetings or owners meetings), and if so, for what purpose? Have you ever thought that the recordings might be viewed by some as records of the condo corporation. There is a bit of controversay in Ontario about this topic with several tribunal decisions. For details, here is a link to the article published by Condo Business, part of the REMI Network. Note that now there are additional bits of information from electronic meetings in the form of AI generated meeting summaries — will they become controversial next?
In Manitoba, no similar controversey has happened yet. Even though the Manitoba condo act and associated regulation were updated in 2022 specifically for electronic meetings, no reference is made to recordings. Meeting minutes are official records and must be maintained and made available to unit owners upon request.
If you are worried about recordings (or AI summaries), you can ask your lawyer for advice. A reasonable approach is to use them to assist in the preparation of minutes, as the task of taking proper minutes and keeping those minutes is most important. People should not think that recording a meeting is a substitute for proper minutes.
Condo Act — Condominium corporation must keep records
131(1) A condominium corporation must keep complete and accurate records of the business and affairs of the corporation in accordance with the regulations, including the following records:
(a) a minute book containing the minutes of the annual general meetings, special general meetings and board meetings, including the results of every vote, and every waiver and consent given and every resolution made by the board;
Condo Regulation — Manner of maintaining records
16(1) A condominium corporation must maintain the required records in paper form (including in the form of a printout) or must be able to produce them in an electronically readable format.
16(2) The condominium corporation must maintain the records in a secure location and must provide for a paper and electronic records recovery plan.
