Is Your Paper Trail Legal? What the Condominium Act (Ontario) Demands from Your Minutes
Many Ontario condominium boards treat meeting minutes as paperwork to get through, not paperwork that protects them. That's a costly assumption. Under the Condominium Act (Ontario) (the “Condo Act”), minutes are the official corporate record of a corporation’s business and decisions — and when a dispute lands in front of the Condominium Authority Tribunal (CAT), that record is exactly what gets tested.
A legally sound set of minutes isn’t a transcript. It’s a clear, decision-focused log of what the board did and why. Here’s what the Condo Act actually requires — and where boards most often fall short.
The Statutory Foundation
Section 55 of the Condo Act requires every corporation to maintain minutes of all meetings of Directors and Owners. These aren’t informal notes — they’re legal documents that Owners, Auditors, and Lenders have a statutory right to examine under specific conditions.
Minutes that are incomplete, vague, or missing altogether put the board offside its legislative duties. That gap can void corporate insurance coverage or trigger a costly tribunal battle.
Incomplete, vague, or missing minutes means the board risks failing its legislative duties.
What Every Set of Minutes Must Include
To hold up under legal scrutiny, every set of Board minutes needs five foundational components:
Corporate Details — the exact legal name of the Condominium Corporation (e.g., YCC 123 or TSCC 4567), along with the date, start time, and meeting format (virtual, hybrid, or in-person).
Quorum Verification — explicit confirmation that quorum was present before any decision-making proceeded. Under the Condo Act, quorum requires more than 50% of the total number of elected Directors.
Attendance Tracking — the full names of Directors present, Directors absent, and any invited guests, such as the Property Manager, Engineer, or Auditor.
Clear Motions and Votes — the exact text of what was decided, including dollar amounts for quotes (inclusive of or plus HST), who moved it, who seconded it, and whether the motion carried or failed.
Conflict of Interest Disclosures — any declaration made under Section 40 of the Condo Act, noted explicitly, showing that the conflicted Director recused themselves from both the discussion and the vote.
From Draft to Binding Record
Minutes should be drafted quickly, while the meeting is still fresh. The Board should review and approve them at the next regularly scheduled meeting. Once approved, they must be signed by the Chair or Secretary — that signature is what turns a draft into the corporation’s final, binding record.
Bottomline
Stop trying to write a novel with your minutes. Stick to the five foundational components, and you're covered.
— Patricia & Katherine
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Disclaimer: The information provided on this blog is for general informational and educational purposes only. It does not constitute legal, financial, or professional corporate governance advice. While we strive to provide accurate information based on the Ontario Condominium Act, legislation and tribunal rulings are subject to change. Condominium boards should always consult with a qualified condominium lawyer, engineer, or certified accountant before making formal legal or financial decisions for their corporation.
