A condominium corporation has a responsibility to keep documents and records. It is usually the task of the secretary or treasurer of the board to ensure that the documents and records are in good order.
Tip for condo boards: Check the bylaws for any specific requirements for record keeping (for example, who keeps them, how, where and any guidelines for retention). Sometimes, a condo board’s current records will be kept with a condo manager if there is one. But the condo board should always have copies secured and in their possession at all times as they are ultimately responsible for them.
Why is it important to keep documents and records?
It is important for condominium corporations to keep documents and records for a variety of reasons:
- They can facilitate board decision-making and budgeting.
- They can facilitate the continuity of the condominium board and condominium corporation. For example, unit owners, board members, and condo managers change. Having documents and records in good order helps make sure new unit owners, board members, and condo managers are up to date with the affairs of the condominium.
- In case of a dispute, well maintained proper documents and records can prove the board’s decision making processes were done properly and legally, and why they reached certain decisions.
How long do condominium corporations need to keep documents and records?
The Condominium Property Regulation specifies how long the condominium corporation must keep documents and information. Some documents and information must be kept permanently, for example:
- The corporation’s current bylaws
- Details on post tensioned cables located on/within the property as included in the condominium plan
- A statement outlining the unit factors and how unit factor allocations are determined
- Professional reports, such as engineering reports
- A statement setting out any structural deficiencies known to the corporation at the time of the request
- Structural, electrical, mechanical and architectural working drawings and specifications, and as built drawings
- Existing plans showing the location of underground utility services, sewer pipes and cable television lines
- Certificates, approvals and permits (relating to the corporation’s property) issued by a municipality, Administrator under the Safety Codes Act, the Government or agent of the Government
- Any building assessment report
- Copies of all plans, documents and amended documents as required under the Safety Codes Act
Documents and information may be kept in an electronic format, as long as it is complete, legible and can be reproduced.
- For a complete list of the retention period for a corporation’s documents and information, refer to schedule 3 of the Condominium Property Regulation.
- Corporations are not required to retain documents that no longer exist or that they no longer have control over/access to as of January 1, 2020.
Can condominium corporations retain information or documents in electronic format?
Yes, as long as the information or document:
- Is complete
- Is legible in its entirety, and
- Is capable of being reproduced by the corporation in an electronic format or in hard copy format
As long as the version of a document in electronic format meets the above requirements, then it is considered the original document.
Condominium corporations should consider developing a policy for the retention, review, and disposal of documents. Because some of these documents and records may contain personal information of unit owners, the corporation should be familiar with the Personal Information Protection Act.
I’m no longer a property manager or board member for a condo corporation. What do I do with a corporation’s documents?
Original copies of any documents or records prepared for a corporation by a condo manager or board member are property of the corporation. There are rules for former condo managers and board members in dealing with a corporation’s original documents and records.
For example, upon the cancellation of a management agreement, a condo manager has 30 days to return all property belonging to the corporation (including original documents and records) at no charge. When a person is no longer a board member, he or she has 30 days to return all property belonging to the corporation (including original documents and records) at no charge.
Last updated: January 2020