AGM Recordings Are Records

Two recent cases before the Condominium Authority Tribunal (CAT) have shed light on the question of whether recordings of annual general meetings are legally records. In King v YRCC 692 and Kent v CCC 268, the Tribunal found that the corporation did not have to provide the recordings due to the owner's request for an improper purpose. In Kent, the Tribunal found that recordings were records, regardless of the purpose of the corporation or whether the corporation had advised owners at the meeting. The key takeaway is that if a Board does not want to keep AGM recordings and give them out to owners on request, it should not make a recording. Boards should pass a resolution setting the retention period for recordings of owners’ meetings at a board meeting, which should be captured in the minutes available to owners.

If an owner requests a recording, a corporation must consider the purpose for which the owner is requesting the record. The CAT can award a penalty if a record is refused without a reasonable excuse.