Question 1

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Q: Does the request to inspect the minute book, allow a member to see all the minutes from the inaugural meeting establishing the Association in early 2014, to the last set of signed minutes? Can we ask him to specify which set of minutes or range of dates he wishes to view? Can we inform him he can only read but not make notes or request copies? Since we consider the Minutes to be confidential as some contain confidential information given to us by the Landlord on the understanding we keep this information in Committee, can we ask the Member to sign an agreement to keep the information he learns about, confidential and not to declare it to anyone else, either verbally or in writing.? If we subsequently find out he has not adhered to such an agreement, can we invoke another constitution clause which states "In the event of gross misconduct by an Association Owner, the Committee may suspend or end the Owner's membership by a two thirds majority vote"? FPRA Chairman Bob Smytherman replies: I think in general the best advice when running a Residents Association is transparency and minutes should be available to all members to view on request. Having said that it is important to avoid using names when referring to Association members in minutes. In my block we tend to refer to members by flat number. If there are specific personal details minuted these should be marked and stored on a confidential basis and only shared on a 'need to know basis' and certainly not routine. This is potentially where tensions will come up and there can be a perception of secrecy. Ultimately transparency is the key as a default position and you committee should be able demonstrate a sound reason for not sharing minutes with everyone. Certainly all RA members should not be sharing content of minutes outside the association without express permission of the committee and only for a defined purpose to seek advice on elements contained in the minutes. I personally would avoid suspending members of the RA wherever possible, but if there are clear breaches in confidentiality then this would be a last resort. The best advice is to keep the minutes as short and to the point as possible and avoid wherever possible including names and confidential information about an individual. If you would like us review your constitution please send the office a copy and we can organise this. [Submitted October 2016]

Question 2

Confidential Information

Accepted Answer

Q: Does the request to inspect the minute book, allow a member to see all the minutes from the inaugural meeting establishing the Association in early 2014, to the last set of signed minutes? Can we ask him to specify which set of minutes or range of dates he wishes to view? Can we inform him he can only read but not make notes or request copies? Since we consider the Minutes to be confidential as some contain confidential information given to us by the Landlord on the understanding we keep this information in Committee, can we ask the Member to sign an agreement to keep the information he learns about, confidential and not to declare it to anyone else, either verbally or in writing.? If we subsequently find out he has not adhered to such an agreement, can we invoke another constitution clause which states "In the event of gross misconduct by an Association Owner, the Committee may suspend or end the Owner's membership by a two thirds majority vote"? FPRA Chairman Bob Smytherman replies: I think in general the best advice when running a Residents Association is transparency and minutes should be available to all members to view on request. Having said that it is important to avoid using names when referring to Association members in minutes. In my block we tend to refer to members by flat number. If there are specific personal details minuted these should be marked and stored on a confidential basis and only shared on a 'need to know basis' and certainly not routine. This is potentially where tensions will come up and there can be a perception of secrecy. Ultimately transparency is the key as a default position and you committee should be able demonstrate a sound reason for not sharing minutes with everyone. Certainly all RA members should not be sharing content of minutes outside the association without express permission of the committee and only for a defined purpose to seek advice on elements contained in the minutes. I personally would avoid suspending members of the RA wherever possible, but if there are clear breaches in confidentiality then this would be a last resort. The best advice is to keep the minutes as short and to the point as possible and avoid wherever possible including names and confidential information about an individual. If you would like us review your constitution please send the office a copy and we can organise this. [Submitted October 2016]

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