Decisions from the CAT: Reconsidering “In-Camera” Minutes

Recent decisions by the Condominium Authority Tribunal (CAT) have brought significant scrutiny to the practice of conducting "in-camera" board meetings within condominium corporations. Traditionally, these confidential meetings have been entirely withheld from unit owners, but the CAT has challenged this approach. According to the Condominium Act, condominium corporations are required to maintain minutes of board meetings and provide access to these records to unit owners upon request. This requirement is subject to specific exemptions under section 55(4) and solicitor-client privilege. However, the Act does not explicitly mention the concept of "in-camera" meetings, leading the CAT to question the validity of entirely withholding these minutes without sufficient justification.

The CAT's decisions underscore the importance of transparency and the rights of unit owners to access board meeting records. The Tribunal suggested that instead of differentiating between regular and "in-camera" meetings, condominiums should conduct all meetings in a uniform manner. Any confidential information should be carefully reviewed and redacted only where legally permissible. Block redactions, which obscure large sections of text without specific explanation, should be avoided. Instead, each redaction should be clearly justified and comply with regulatory requirements.

The blog post also highlights the potential consequences of improperly withholding "in-camera" minutes. Such actions can result in significant financial costs and penalties for condominium corporations. Therefore, it is recommended that condominiums seek legal counsel to navigate the complexities of permissible redactions and ensure compliance with the Act. Ultimately, the CAT's stance advocates for greater transparency and accountability in condominium governance, emphasizing that unit owners have a right to access board meeting minutes, with only legally justified redactions.