Accurate and impartial meeting minutes are a cornerstone of good governance in condominium corporations. However, some boards opt to take their own minutes internally, either through a board member or the property manager. While this might seem like a cost-effective or convenient choice, it raises serious concerns around transparency, impartiality, and legal risk.

These risks become especially significant if minutes are later reviewed by the Condominium Authority of Ontario (CAO) or challenged before the Condominium Authority Tribunal (CAT).

The Importance of Transparency

Board meeting minutes are an official record of decisions and, under Ontario’s Condominium Act, 1998, must be made available to owners upon request. Owners rely on these records to understand how their board governs the corporation.

When a board member or manager prepares the minutes, there is an inherent risk, whether intentional or not, that information may be framed or omitted to reflect a particular perspective. This can lead to distrust, disputes over missing context, and increased scrutiny from owners exercising their legal rights.

A neutral, third-party minute taker helps ensure that records remain factual, complete, and free from internal bias.

Impartiality and Conflict of Interest

Boards regularly make decisions affecting finances, bylaws, enforcement, and property management. When someone directly involved in those decisions is also responsible for recording them, objectivity can be compromised.

  • Conflicts of interest: A board member recording their own discussion may struggle to remain neutral.
  • Selective recording: Objections or dissenting views may be unintentionally minimized or excluded.

These issues often surface later, when decisions are questioned or challenged.

Legal Considerations and CAT Tribunal Decisions

Ontario tribunals have repeatedly emphasized the importance of proper record keeping. In Yeung v. MTCC No. 1136 (2021), a board failed to provide complete meeting minutes, resulting in a tribunal order to release accurate records.

In Dunphy v. TSCC No. 1633 (2020), inconsistencies in meeting minutes weakened the board’s position when decisions were challenged. These cases demonstrate how unreliable records can expose boards to legal risk.

Minutes that lack neutrality or completeness not only undermine credibility but can actively harm a board’s legal standing.

The Benefits of a Third-Party Minute Taker

Many condominium boards choose professional minute-taking services to avoid these risks altogether. Key benefits include:

  • Objective documentation: Eliminates internal bias.
  • Legal reliability: Creates defensible records if disputes arise.
  • Improved participation: Allows directors and managers to focus fully on discussion.

While cost is sometimes cited as a concern, the potential expense of disputes, tribunal proceedings, or loss of owner trust is far greater.

Final Thoughts

Taking minutes internally may appear simple, but the governance and legal risks are significant. Neutral, professionally prepared minutes protect boards, strengthen transparency, and support long-term trust within the community.

In condominium governance, accurate minutes are not just an administrative task. They are a safeguard for the entire corporation.