Introduction
Under the Ontario Condo Act, every board of directors is legally required to maintain accurate and complete condo board meeting minutes. Minutes are not casual notes; they are the official written record of decisions, motions, and approvals that guide the governance of the corporation. Failure to properly record minutes can expose boards to compliance issues, disputes, or legal challenges.
This article breaks down exactly what the Act requires, what must be included in minutes, and how to avoid common mistakes.
What the Ontario Condo Act Says About Minutes
The Ontario Condominium Act, 1998 makes it clear: every corporation must maintain records of its meetings. This includes:
- Board of Directors’ meetings
- Owners’ meetings (AGMs, special meetings, requisitioned meetings)
Minutes form part of the corporation’s official records. They must be retained and made available to those entitled to review them under the Act.
The law doesn’t prescribe a word-for-word template, but it does require that all decisions, approvals, and motions be captured in a formal and permanent way.
What Condo Boards Must Record in Minutes
So, what exactly must be included? At minimum, the following must appear in condo board meeting minutes:
- Date, time, and location of the meeting.
- Attendance – names of directors present, directors absent (with regrets), invited guests (such as the manager, auditor, or engineer).
- Confirmation of quorum – showing the board had authority to act.
- Approval of prior minutes – confirming the official record.
- Motions and decisions – including the exact wording of the motion, who moved and seconded it, and whether it was carried or defeated.
- Financial approvals – budgets, expenditures, or reserve fund spending.
- Election or appointment details – when directors, officers, or professionals are appointed.
- Owner questions (in open meetings) – summarized, not verbatim.
- Adjournment – time and confirmation.
These are the minimum legal requirements. Boards can choose to add more, but they should never omit decisions.
Minutes vs. Agenda: What’s the Difference?
Many new directors confuse agendas with minutes.
- Agenda: The plan of what will be discussed (circulated before the meeting).
- Minutes: The record of what actually happened (circulated after the meeting).
Agendas are not legal records. Minutes are. This distinction matters when an auditor, lawyer, or regulator reviews the corporation’s compliance with the Ontario Condo Act minutes requirements.
Who Can Access Condo Board Minutes in Ontario?
A common question from owners: Do condo owners get copies of minutes?
Here’s how access works under the Act:
- Owners’ meeting minutes (AGM, requisitioned, turnover, special) must be available to all owners. Owners can request copies, often at a small charge for printing.
- Board meeting minutes are generally not distributed to all owners. They are internal records of the directors’ decisions. However, owners are entitled to inspect them under certain conditions through a records request.
- Open vs. closed meetings: Boards in Ontario typically hold closed meetings (directors only), though some corporations allow owners to observe as guests. Even then, the official record is the minutes—not the discussion.
Common Mistakes Boards Make in Minute-Taking
Even experienced boards make errors when keeping minutes. Here are the most common pitfalls:
- Too much detail – writing a transcript instead of a summary. Minutes should capture decisions, not debates.
- Too little detail – failing to record who moved/seconded a motion or the result.
- Ignoring conflicts of interest – not noting when a director declares a conflict and abstains.
- Not following procedure – leaving out approvals of prior minutes or adjournments.
- Inconsistent formatting – making it harder to compare records across meetings.
Each of these mistakes can weaken the corporation’s position if disputes arise.
FAQ: Ontario Condo Act Minutes
What are condo minutes in Ontario?
They are the official written record of decisions and motions made at condo board and owners’ meetings.
Do condo owners get copies of minutes?
Yes, owners can access owners’ meeting minutes. Board minutes may be reviewed by request.
What must condo boards record in minutes under the Ontario Condo Act?
All motions, decisions, approvals, and key meeting details such as attendance and quorum.
How long must condo minutes be kept?
They form part of the corporation’s records and must be retained indefinitely.
Who approves condo minutes?
Minutes of a meeting are approved at the next meeting of the same type (e.g., AGM minutes approved at the following AGM).
Are condo board meetings open or closed in Ontario?
Generally closed, unless the corporation has adopted an open-meeting policy.
Conclusion
Condo board minutes are not optional—they are a legal obligation under the Ontario Condo Act. They protect the board, ensure transparency, and provide an official record for owners and regulators. By keeping minutes concise, accurate, and compliant, boards can avoid disputes and strengthen trust in the corporation’s governance.
For more information on running efficient condo board meetings, see How to Chair a Condo Board Meeting With Clear, Compliant Minutes.