Owners entitled to see minutes from meeting

When a unit owner requests a copy of the minutes from a board meeting, can the board instead provide just a list of motions that were passed and approve the minutes of previous board meetings?

No. If the owner completes and submits the prescribed Request for Records form requesting specific board minutes, the owner is entitled to examine or receive a copy of the actual minutes. The board cannot merely provide the owner with a list of resolutions passed at the meeting.

The corporation must delete from the requested minutes any information relating to matters that the Condominium Act specifies are not included in an owner’s right to examine records. Those matters include information in the minutes that relate to employees of the corporation, information relating to actual or pending litigation or insurance investigations involving the corporation, and records relating to specific units or owners other than the requesting owner or that owner’s unit.

Can a common-law partner of an owner apply to be superintendent of the building in which the owner resides?

Yes, unless such employment is prohibited by the declaration.

Our condominium manager responded to my request — I’m a director on our condo’s board — to examine certain condominium records by advising that I must submit the prescribed Request for Records form.

She advised that the corporation will respond within 30 days to say whether the records will be provided and, if not, then giving the reason and any applicable legislation. Is she correct? Do I as a director need to submit the form? And also, does this not render owners’ meetings useless since owners request all types of information at those meeting?

The manager’s summary is correct. As a director you would not need to submit a request form to examine a record that must be provided to the directors in order that they are able to carry out their responsibilities as directors.

You must, however, submit the form for each record that you wish to examine as an owner. That would not prevent you, as an owner, from asking questions at an owners’ meeting.

People in the neighbouring unit blast every weekend, disturbing my enjoyment of my home. The board and management have warned them that are they are in breach of the condominium rules. Yet my neighbours have ignored the warnings. Instead, they respond by banging on the common wall between our units. What can I do?

The corporation has a duty, pursuant to subsection 17(3) of the Condominium Act, to take all reasonable steps to require owners and occupiers of the units to comply with the Act and the declaration, bylaws and rules of the corporation — and that includes not impeding others’ enjoyment of their homes.

You might require the corporation to take steps to end the breach of the rules by your neighbours. If the corporation fails to do so, you could make a court application for an order requiring the corporation to take steps to enforce its own rules. Lawyer Gerry Hyman is a former president of the Canadian Condominium Institute and author of Condominium Handbook.