AGM and board minutes, condo documents, file storage, owner notification, etc.

This topic contains 10 replies, has 1 voice, and was last updated by  Michelle Riopel 6 months, 2 weeks ago.

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  • #2501

    Michelle Riopel
    Keymaster

    Posted by Ruth M on April 11 2018 at 01:22 PM | 10 comments
    I serve on our self-managed condo board for a 15 duplex complex of 30 owners. I have a question about privacy in our minutes. So far we have been referring to Unit #, rather than names, but in some cases (arrears in particular) it is no one’s business to know of such matters and as we are a small complex, knowing the unit number is the same as supplying the name. I have heard that for privacy you should use a legal description instead of a unit number. It seems to me that the short form legal description is the condo plan number and the unit number, so I don’t see how that is any better. If it is the full legal description that is to be used, then that will make the minutes very confusing for everyone, including the board. How do other condo boards write their minutes to keep the privacy of their owners?

  • #2502

    Michelle Riopel
    Keymaster

    We put unit numbers in the minutes that are for board use only. We create a copy of the minutes with unit numbers XXXed out to be distributed to the owners.

    Huguette S on April 11 2018 at 01:32 PM

  • #2503

    Michelle Riopel
    Keymaster

    We simply refer to them as unit X in the version of the minutes that are released to the owners. I presume that there is a private version that has the original identifiers.

    Hans S on April 11 2018 at 01:35 PM

  • #2504

    Michelle Riopel
    Keymaster

    Use the legal unit numbers even if they are the same as the address unit numbers. That is sufficient to satisfy the privacy laws. DO NOT REDACT or use 2 sets of minutes. Minutes are legal documents, it would be like keeping two sets of financial records.

    Maurice P on April 11 2018 at 01:35 PM

  • #2505

    Michelle Riopel
    Keymaster

    We go into an in camera session. That way the information can be given but everything is private and not recorded. Following the session a motion is made to deal with the matter(s) discussed. For instance. In your case it would be a full discussion about the arrears with names etc. Following the in camera session we would return to the regular meeting and a motion would be made to deal with matter of arrears as discussed in the in camera session, including how the matter would be handled. For example a final letter sent to the occupant ( no names mentioned ) outlying the arrears would be handled as per your bylaws.

    Bob S on April 11 2018 at 01:39 PM

  • #2506

    Michelle Riopel
    Keymaster

    I see some good answers here and some I question.
    I suggest that this is a matter for your Privacy Officer to pursue with your lawyer.
    Robert or Hugh, are you monitoring these posts?

    Shaune I on April 11 2018 at 01:47 PM

  • #2507

    Michelle Riopel
    Keymaster

    Could you not have an exact copy of the minutes which the Secretary endorses as being a true copy?
    In this copy there could be redacted text, usually by blacking out the pertinent text, for anything that your privacy officer deems to be personal.

    Brian H on April 11 2018 at 02:04 PM

  • #2508

    Michelle Riopel
    Keymaster

    As minutes are made available upon request, we redact anything that could been seen as personal information. All names or unit numbers are xxx’d out, but not content.

    Steve T on April 11 2018 at 02:15 PM

  • #2509

    Michelle Riopel
    Keymaster

    Thank you so much for your comments. Very helpful. We will continue to use legal unit numbers for everything except the private matters, which will be taken in camera. That should work and covers both the privacy laws and actual privacy.

    I don’t mean to be impertinent, but some answer is always “talk to your lawyer”. I thought we had a message board to share information. Replies like that make people who are not professionals not want to comment in case they are condemned. That does not encourage open dialogue or a community that is happy to help others. The fact is that many people have questions about minutes and privacy, surely everyone does not need to take to their lawyer. Perhaps this could be a topic addressed by CCI, so that we all have it right. We are, after all, just trying to do the right thing.

    Ruth M on April 11 2018 at 02:20 PM

  • #2510

    Michelle Riopel
    Keymaster

    Attend the Condo 101 session put on by CCI. You can get this questions answered there. No redacting and no second set of minutes.

    Maurice P on April 11 2018 at 03:57 PM

  • #2511

    Michelle Riopel
    Keymaster

    The following is from the

    OFFICE OF THE INFORMATION AND PRIVACY
    COMMISSIONER

    ORDER P2009-003

    [para 22] In making this finding, I do not mean that condominium corporation
    minutes are not subject to PIPA. However, so long as a condominium corporation is
    carrying out its duties or powers under the CPA and does not include personal
    information in the minutes extraneous or irrelevant to carrying out those duties and
    powers, then it will generally not be disclosing personal information in its minutes, but
    recording the action it has taken or decided to take under the CPA or its own bylaws. As
    a hypothetical example, it would not be a disclosure of personal information to include in
    the financial statements or minutes that the condominium corporation is taking action in
    relation to a particular unit for breach of the bylaws or to record such a statement in the
    minutes, but it may be a disclosure to include personal opinions about a unit owner, or the
    unit owner’s financial or personal circumstances, if recording that information is not done
    for the purpose of carrying out the business of the condominium corporation as required
    by the CPA.

    [para 23] Section 44 of the CPA contemplates disclosure of information in the
    minutes in the event that a mortgagee or purchaser requests the minutes. If disclosure is
    made in those circumstances, this disclosure would be authorized by statute within the
    terms of section 20(d) of PIPA so long as the personal information in the minutes is
    relevant to the condominium corporation’s duties or powers under the CPA.

    Victoria A on April 27 2018 at 05:01 PM

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