Denied access to unapproved AGM Minutes

D.M. writes:

Dear Paul:

 Our Annual General Meeting (AGM) occurred six months ago. I asked our property manager for a copy of the minutes and was told that since the minutes were not approved, they could not be released. When I asked when they would be approved, she replied that they hadto be approved by the owners at the next AGM. That will be a year after themeeting. Isn’t this ridiculous?

Paul replies:

Dear D.M.:

I understand your concern. Who will remember what happened at a meeting that was held a year earlier? Most us are challenged to remember what we had for dinner last night. An AGM is called an assembly and the minutes taken at the time belong to the assembly. It is technically up to the assembly to approve the minutes as a reasonably accurate record of the decisions taken at the meeting.

You should review your condo documents. The sections on the requirement to hold an AGM or the section on record keeping might answer your question. If your condo documents are silent, they might still contain a reference to a parliamentary authority that your corporation follows. A parliamentary authority is a set of rules that provide guidance on how to conduct meetings and will also address minute taking.  The most widely used authority is Roberts Rules of Order (RONR) now in its eleventh edition. RONR suggests that when the next meeting will be held more than three months later, the board of directors or a special committee appointed for that purpose should be authorized to approve the minutes. Such a provision could also be included in the Bylaws to make it official.

Being an owner in the condo corporation, you are entitled to request and be given access to any of the corporation’s records. The fact that the AGM minutes have not yet been approved should not prevent you from reviewing them. If your property manager or Board is reluctant, the minutes could be stamped  “draft” or “unapproved”. Best wishes.

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