THE EVOLUTION OF AMENITY SPACES Amenity Spaces Have Changed as Suite Sizes Shrink

Amendments to the Construction Lien Act New Mandatory Prompt Payment Rules & Adjudication LIVE BETTER AND SAVE MONEY V Take Advantage of New HVAC Energy Saving Opportunities Managing Conflict at Every Stage Take a Deep Breath and Remember, “Serenity Now” ... And More! A Holiday DO’S AND DON’TS LIST

Publication of the Toronto and Area Chapter of the Canadian Condominium Institute • Winter 2019 • www.ccitoronto.org

CV Condovoice Your Condo Connection in the Toronto, Peel, York and Durham Regions

Providing education, information, aware- ness and access to expertise by and for our members. www.ccitoronto.org

Volume 25, Issue Number 2, Winter 2019

In This Issue Page 20

7 Decisions From the Courts BY AUDREY LOEB AND INDERPREET SURI In Every Issue Unnecessary Applications Against Unit Owners 3 President’s Message 11 Breathe Better Air BY LES WOODS BY TANIA HALUK Neglecting the Equipment that Provides the Air to Their Suites 5 Message From the Editor Can Result in Poor Indoor Air Quality BY MARC BHALLA 64 The Last Word 13 Live Better and Save Money BY BRIAN MACLEOD Fair Pay for Managers Take Advantage of New HVAC Energy Saving Opportunities BY BRIAN HORLICK

17 A Holiday Do’s (and Don’ts) List BY JASON RIVAIT AND JUSTIN MCLARTY The Four Most Common Questions Condo Corporations Grapple For Condo Owners With During This Festive Time of Year 55 Managing Conflict BY LYNDSEY MCNALLY & COLM BRANNIGAN 20 Condominium Profile: Discovery TSCC 2231 BY JAMES RUSSELL Heart and Soul 58 Electricity Bills Up 50%? 59 Your Windows 25 The Evolution of Amenity Spaces BY SABINE GRIMES BY STEFAN NESPOLI & DAN ROMLEWSK Amenity Spaces Have Changed as Suite Sizes Shrink 31 The Golden Boys and Girls CCI Members News & Events BY FATIMA VIEIRA AND MAHDI HUSSEIN 39 CCI Was There Best Practises for Condos with Aging Residents 40 Owners Are Members Too 33 Changes to the Collection Process 41 CCI Was There Post Ching v. CCC 203 43 AGM 2019 BY MEGAN MOLLOY AND RICHARD ELIA Page 31 46 CCI Toronto is 30 Recent Released Decision Directly 48 23rd Annual Condo Conference Impacts Condo Lien Procedure & Costs 51 Word Search 53 New Members 37 Amendments to the Construction Lien Act BY CAROL DIRKS 53 In Memorium, Andre LeBlanc New Mandatory Prompt Payment Requirements and Adjudication 54 CV Selfie

CONDOVOICE WINTER 2019 CV 1

Canadian Condominium Institute/ Institut canadien des condominiums Toronto & Area Chapter 2800 14th Avenue, Suite 210, Markham, ON L3R 0E4 Tel: (416) 491-6216 Fax: (416) 491-1670 E-mail: [email protected] Website: www.ccitoronto.org President’s Message

2018-2019 Board of Directors PRESIDENT: Tania Haluk, Make Time for Yourself, (Member, Education Committee, Co-Chair, Conference Committee) 1st VICE-PRESIDENT: You are Important! Murray Johnson, (Chair, Volunteer Resources Committee, Member, Conference Committee, The brain is our most important organ however when we don’t understand or Member, Tarion Committee) Crossbridge Condominium Services Ltd. and we still don’t understand how it ‘see’ a sickness, we inevitably fail our 2nd VICE-PRESIDENT: works or how to treat it effectively when fellow humans by dismissing a disease of Marc Bhalla, Hons. BA, C. Med, Q. Arb, MCI Arb it is affected by disease. This impacts the mind with the assumption that this (Chair, Communications Committee, Member, CondoSTRENGTH Committee, how we relate to others, especially when is controlled by mind over matter or a Member, Marketing Committee) Condo Mediators we cannot comprehend what those who choice. It’s a disorder, not a decision. SECRETARY/TREASURER: are sick are dealing with. As we head into Bob Girard, B.Comm, FCCI the holiday season, we should be aware Michael provided some insights he has (Member, Finance Committee, Member, Special Projects Committee, of the additional stressors and seasonal gleaned with respect to 4 main symptoms Member, Education Committee) disorders that are prevalent and take of depression; loss of the ability to YCC # 50 some time to listen and not judge. experience joy, loneliness, loss of self- PAST PRESIDENT: Sally Thompson, M.Sc., P.Eng. esteem, and a sense of hopelessness. These (Chair, Ontario Caucus, (Member, Education Committee) Mental health and awareness discussions are hard to identify in others and continue Synergy Partners at the 2019 Condo Conference still to come with shame and stigma attached, Board Members resonate and continue to be an important as those who do not suffer cannot Brian Antman, CPA, CA (Member, Membership Committee, message and regular reminders are comprehend. Thelma Davis is quoted as Chair, Finance Committee) needed to gain some understanding. saying, “When someone is going through Adams & Miles LLP Chartered Accountants People are not defined by their diseases, a storm, your silent presence is more Armand Conant, B.Eng., LL.B., D.E.S.S. Sorbonne but by their strength and courage. The powerful than a million empty words”. (Chair, Legislative Committee) Shibley Righton LLP more we talk about it, the better we will Maria Deo, BA LL.B. all be together with hope that any stigma Barb’s messages included always being (Chair, Education Committee, or shame will disappear as the topic present and she told us that we are the Member, Marketing Committee) Fine & Deo Condominium Lawyers becomes more mainstream. emerald – we do not become less vibrant Brian Horlick, B.Comm., B.C.L., LL.B., because no one has praised or admired ACCI, FCCI Both keynote speakers Michael Landsberg us, we remain unchanged. Heavily (Member, Special Projects Committee, Member, Communications Committee, and Barb Stegemann presented messages influenced by the ancient philosophers, Member, Conference Committee) Horlick Levitt Di Lella LLP of empowerment and hope driven by as indicated in her book, The 7 Virtues Sue Langlois understanding and perseverance. We are of a Philosopher Queen, a guide to living (Chair, Marketing Committee, more resilient than we know. and leading in an illogical world. Marcus Member, Communications Committee, Member, Volunteer Resource Committee, Aurelius suggested that “Everything we CCI N Liaison) Digi-Notice If we take some time to be mindful and hear is an opinion, not a fact. Everything Lyndsey McNally, RCM practice active listening, we can learn and we see is a perspective, not the truth.” (Chair, Membership Committee, Member, Marketing Committee, gain insights needed to help each other. I Member, Legislative Committee) Malvern Condominium Property wonder if we weren’t so busy looking to I challenge our members to use this multiple Management ‘fix’ people and just be present without holiday time between Thanksgiving, Farzad Lahouti telling people what to do, if this would Diwali, Hanukkah, Christmas, New YRCC #798 alleviate some anxiety with respect to Year’s, Family Day etc – as a time for Vic Persaud, BA (Member, Membership Committee) expectations and behaviour for everyone. reflection and to revisit personal values Suncorp Valuations and be aware of growth opportunities OPERATIONS MANAGER - Lynn Morrovat We would never tell a cancer patient to towards our fellow humans. PROJECT MANAGER - Kimberley Nash ADMINISTRATOR - Crystal Xu walk it off or take a shower to feel better, – Continued on page 10

CONDOVOICE WINTER 2019 CV 3 4 CV CONDOVOICE WINTER 2019 CV Condovoice

Condovoice is published four times per year – Spring, Summer, Fall and Winter, From the Editor by Association Concepts on behalf of the Canadian Condominium Institute - Toronto & Area Chapter. Speak to Me in a Language I Can Hear EDITOR: Marc Bhalla “The great enemy of communication … is the illusion of it.” – William H. Whyte ADVERTISING: Nina Simatos ART DIRECTION & DESIGN: Atlanta Visual Communications Inc. It has been said that no matter how much liver them. Instead, community leaders must effort a Board of Directors puts into com- deliver messages in the manner that will get All advertising enquiries should be directed to Nina Simatos at municating, they will be told that they do the attention of their intended audience. (416) 491-6216 Ext 129 or not communicate enough. [email protected] This is not about formal notices that have If you are interested in writing articles At Annual General Meetings, when feed- a legally required delivery method, but in- for Condovoice magazine, please contact Nina Simatos at back is offered by someone frustrated and formation, guidance and proactive efforts (416) 491-6216 ext 129 or at unaware of a situation or the reasoning that can be used to avoid problems when [email protected]. Article behind a decision made, the reply often effectively communicated… and be a waste topics must be on issues of interest to Condominium Directors and must includes reference to a communication cir- of time and resources if not. be informative rather than commercial culated about the very issue with an under- in nature. tone of frustration in kind. Many condominiums are home to residents The authors, the Canadian Condominium familiar with different languages; one Institute and its representatives will not Yet… technique is to translate communications. be held liable in any respect whatsoever for any statement or advice contained • Who does a community website serve if Another is to use images to illustrate and herein. Articles should not be relied no one visits it? more clearly convey a point. upon as a professional opinion or as an authoritative or comprehensive answer in • What is the use of circulating a newslet- any case. Professional advice should be ter no one reads? All too often, even when communication is obtained after discussing all particulars • Why post time sensitive notices near received, it is not understood. Drafters for- applicable in the specific circumstances in order to obtain an opinion or report mailboxes when residents receive their get who they are writing to. Legalese, indus- capable of absolving condominium bills electronically (and check their try terminology and acronyms unfamiliar directors from liability [under s. 37 (3) (b) of the Condominium Act, 1998]. mail at far less frequency than they did to the average condo dweller are often in- Authors’ views expressed in any article ten years ago)? cluded which go over the head of the reader. are not necessarily those of the Canadian Condominium Institute. All contributors • Where is the benefit of a communica- are deemed to have consented to tion that is not understood? Some new to Twitter have a misguided ex- publication of any information provided • When do you know that a message has pectation that their tweets will automati- by them, including business or personal contact information. actually been received? cally go viral. Avoid this assumption with communications to your condominium Consider supporting the advertisers and service providers referred to in this There is little doubt that voluntary com- community. Focus on establishing a fol- magazine, recognizing that they have munications of this nature are intended to lowing to ensure that your messages are been supporters of CCI Toronto. offer transparency, direction and educa- received and understood. It may take trial Advertisements are paid advertising tion to members of a condominium com- and error, creativity and multiple delivery and do not imply endorsement of or munity. But, if the message is not received, platforms to make your point, but other- any liability whatsoever on the part of CCI with respect to any product, service what is the point? wise, you risk your communication efforts or statement. sounding like a tree falling in the forest, To truly communicate – to ensure that a with no one around to hear them. newsletter slipped under a unit door of- fers more than all the material one needs Publications Mail Agreement #40047055 - to make a paper airplane – it is important Return undeliverable Canadian for a condominium’s community leaders not addresses to Circulation Dept. 2800 14th Avenue, Suite # 210 to assume that their intended audience will Marc Bhalla Markham, ON L3R 0E4 receive messages in the way they like to de- B.A, C.Med., Q.Arb., MCIArb.

CONDOVOICE WINTER 2019 CV 5 6 CV CONDOVOICE FALL 2019 Audrey Loeb Inderpreet Suri Partner Associate Shibley Righton LLP Shibley Righton LLP

Case Law Update Decisions From the Courts • Condo Corporations Should be Careful when Persuing Unnecessary Applications Against Unit Owners • The Importance of Adhering to CAT Participation Deadines

Toronto Standard Condominium broke the door down to try to save his not resolved. Instead, the Corporation Corporation No. 2130 v. Geraldine friend’s life. The court accepted that this brought an application to obtain a court Berholz and David Berholz, 2019 incident was the result of David’s mental order containing terms to which Geral- ONSC 5121 illness. After discovering the damage, dine and Harry had already consented. Geraldine and Harry accepted respon- The Applicant, Toronto Standard Con- sibility for the situation and paid for the Geraldine and Harry had no idea that dominium Corporation No. 2130 (the damages. the Corporation was incurring legal “Corporation”), commenced an applica- costs that the Corporation intended to tion against the Respondents, Geraldine The following day, Geraldine and Harry recover from them. As soon as the they Berholz and her son, David Berholz, for went to the Corporation’s management found out about the court proceedings, an order prohibiting David from enter- office to apologize for the incident and to they consented to the relief sought, ex- ing the Corporation’s common elements convey how sorry David was about what cept for costs. or from residing in the Corporation. The had happened. They also informed the Corporation previously obtained an in- property manager that they had banned In deciding costs, Justice Nakatsuru terim ex parte order and wanted a per- David from the building and that David held that the court has a broad discre- manent order. intended to comply with the ban. tion when determining the issue of costs. Justice Nakatsuru held that “the Geraldine lived in a unit in the Corpo- Geraldine and Harry did not hear from overall objective of fixing costs is to fix ration with her husband, Harry Berholz. the Board after the incident. On May an amount that is fair and reasonable David has a bi-polar disorder. He did not 22, 2019, Geraldine wrote to the Board for the unsuccessful party to pay in the live with his parents in the unit but vis- again to apologize for the incident and particular circumstances, rather than an ited often. Geraldine and Harry helped confirm that David had been banned amount fixed by actual costs incurred by David in relation to his mental illness for from the building. The Corporation did the successful litigant”. many years. not respond to the May 22, 2019 letter. In this case, counsel for the Corporation In May of 2019, on Mother’s Day, Da- Geraldine and Harry assumed that the was claiming $27,198.30 for full indem- vid damaged a neighbouring unit’s door matter had been resolved to everyone’s nity costs. based on a mistaken belief he had. David satisfaction. The Corporation did not con- believed that his friend was in the unit tact Geraldine and Harry after the inci- Justice Nakatsuru accepted the Berhol-

and was trying to commit suicide. David dent to advise them that the matter was zes submissions on costs and character- SCHNEIDER JASON BY ILLUSTRATION

CONDOVOICE WINTER 2019 CV 7 8 CV CONDOVOICE WINTER 2019 ized Geraldine and Harry as being not $200 for filing fees. The Corporation did making the requests into consideration. only “caring parents” but “responsible not make any submissions in relation to The Tribunal found that Orav had sub- unit owners”. He accepted that when any issues. mitted multiple and frequent records re- “David conducts himself in a fashion that quests. Orav’s behaviour was disruptive to is alleged against him in this case, they Orav also sought a penalty of $5,000 the Corporation. It complicated matters do not shirk their responsibility”. under section 1.44(1)(6) of the Condo- and presented an unfair burden on the minium Act, 1998 as the Corporation Corporation. As such, the penalty sought When deciding on the issue of costs, Jus- failed to adequately address his record by Orav was reduced to $2,000. The Tri- tice Nakatsuru stated the following: requests. The Tribunal decided that the bunal held that Orav’s conduct should “while I understand why the Board may Corporation had failed to adequately re- not be encouraged as it does not promote have wanted to go the route they did, and ply to Orav’s requests. The Tribunal con- healthy condominium communities. I appreciate that a judicial order may have sidered this along with the Corporation’s been the best solution for all, the way the lack of participation in the hearing as a Authors’ Note: This decision demon- Board conducted themselves in getting refusal to provide Orav with the records. strates the importance of adhering to CAT that order was largely unnecessary. The Since the Corporation did not participate participation deadlines. If a condominium costs expended could have been avoided in the hearing, it did not offer a reason- corporation does not participate in the hear- by simply finding out whether the Ber- able excuse for its refusal. ing, not only will presumptions be made holzes would agree to a consent order. against it by the Tribunal but a hefty penalty The Board did not do so. The Berholzes Accordingly, the Tribunal ordered a award may also be awarded against it. agreed to it just as they said they would.” penalty against the Corporation in the Accordingly, Justice Nakatsuru held that amount of $2,000, an amount that was President’s Message this was not a case where costs should be consistent with an earlier CAT deci- Continued from page 3 awarded and that each side was to bear sion entitled Tharani Holdings Inc. v. its own costs. Metropolitan Toronto Condominium As we go into the high stress time of Corporation No. 812, 2019 ONCAT 3, in holidays, parties, and socializing, consider Authors’ Note: Condominium corpora- which the Tribunal had also ordered the your fellow person – the best gift you can tions should be careful when deciding to respondent condominium corporation to give someone is your time and patience pursue applications against unit owners. If pay a penalty of $2,000 due to its failure and understanding (or acceptance). the matter could have been resolved by way to respond to the applicant unit owner’s Many sources remind us that labels are of consent and court proceedings could have requests and its failure to participate in for jars, not people. been avoided, a court may not be inclined to the proceedings. order costs to the condominium corporation, We continue to follow our mission to despite being successful on its application. In this case, on April 11, 2019, on the make a difference and be the driving CAT-ODR system, the Corporation’s force to support condos to be financially Tonu Orav v. York Condominium counsel confirmed it would be acting and socially responsible. We do this by Corporation No. 344, 2019 on behalf of the Corporation. As such, bringing our members the industry ONCAT 18 the Corporation was aware that a hear- experts to cover the hot topics, emerging The Applicant unit owner, Tonu Orav ing was taking place. The Corporation’s trends and ongoing requirements, both (“Orav”), commenced a Condominium counsel did not respond after April 11, legally and administratively. Appeal Tribunal (“CAT”) proceeding 2019. When the Corporation missed sev- against the Respondent condominium eral hearing participation deadlines, the Stay current, informed and empowered corporation, York Condominium Corpo- hearing was delayed in order to provide by attending our events, reading the ration No. 344 (the “Corporation”). Orav the Corporation with a chance to request Condovoice magazine and ensuring had requested records from the Corpora- more time to participate. The Corpora- you are getting regular e-blast updates tion on multiple occasions and claimed tion did not request additional time. All by providing (or updating) your email that the Corporation had not provided in all, the Corporation had 37 calendar address. We hope to see you at the Holiday adequate replies to his records requests. days, including 25 business days, to lunch and other events over the winter. Orav sought an order for the requested participate in the hearing but it did not. records and the imposition of a penalty The Corporation missed 9 participation We are all in this together – Remain against the Corporation for failing to ade- deadlines during the hearing. The Tri- humble and be excellent to each other. quately address his requests and his costs. bunal found that the Corporation had Happy Holidays - I am looking forward to adequate knowledge of the hearing and 2020 Vision and an exciting future! The Corporation, through its counsel, had sufficient opportunity to participate did not participate in the proceedings af- in it – however, the Corporation failed to ter April 11, 2019. The hearing was held participate in the hearing. from April 11, 2019 to May 22, 2019. The Tribunal found that Orav was entitled to When awarding the penalty amount, the Tania Haluk the records he requested and an award of Tribunal also took Orav’s behaviour in

CONDOVOICE WINTER 2019 CV 9 10 CV CONDOVOICE WINTER 2019 Les Woods President Unilux CRFC

Environmental Health Breathe Better Air Overlooking or Neglecting the Equipment that Provides the Air to Suites Can, Over Time, Result in Poor Indoor Air Quality

Indoor air quality is a vital part of condo Check it out here: www.uniluxcrfc.com/ living. Good, clean air helps promote a What Is a Vertical Fan Coil? resources/UofT-Report/ healthy and comfortable living environ- Vertical fan coils are a type of HVAC ment at home. Unfortunately, many resi- system commonly found in high-rise So, what can be done? dents and condo corporations overlook residential buildings. They consist of a or neglect the equipment that provides fan and a water coil (containing hot or The Retrofit Solution the air to their suites. Over time, this can cold water) to heat, cool and ventilate Replacing vertical fan coils is the best way result in poor indoor air quality. the suite. Fan coils draw in air from the to improve indoor air quality in older con- suite, condition it, and supply it back to do suites. Apart from improving indoor Let’s take a closer look at what lies be- the suite. You control all of these fea- air quality, there are many other benefits. hind that familiar white access panel – it’s tures with your thermostat. Vertical fan typically a vertical fan coil. coil units are installed during the original How It Works construction phase. Complete fan coil replacement removes To provide conditioned air to condo all the old components from the fan coil suites, installation of vertical fan coils The Indoor Air Problem cabinet. Eliminate the dirty coil, elec- began in the 1970s and continue to be Age, improper care and/or minimal trical components, drain pan and most installed today. Vertical fan coils make up maintenance are common factors that importantly – the insulation – that is a significant part of the high-rise HVAC lead your fan coil to negatively impact contributing to poor indoor air quality. industry, making it very likely you have indoor air quality over time. Dirt, dust, Disposing these components enables ac- one in your condo unit. pet hair and other particles build up in cess to clean the bare fan coil cabinet. A the fan coil and spread throughout your proper remediation will ensure every last As with other household appliances, fan condo suite. In addition to this, older particle is removed from the cabinet fol- coils have a lifespan. Fan coils manufac- fan coils can contain mould. As we all lowing the guidelines outlined in EACO turer’s, specify a 20-year lifespan. After know, mould and airborne particles can Level 2 Remediation. 20 years of operation, your fan coil should be very hazardous to your health. Don’t be thoroughly inspected by an HVAC just take our word for it, The University This step ensures all the built-up debris professional to produce a thorough con- of Toronto published a report on the ef- that negatively impacts your air quality

dition assessment report. fects of mould growth in fan coil units. is gone for good. MAYNARD HAYDEN BY ILLUSTRATION

CONDOVOICE WINTER 2019 CV 11 It’s recommended that buildings mental Abatement Council of Ontario. Consider Replacement aged 20-years or older have their Replacing fan coils is a cost-effective way to guarantee long-lasting heating, cool- fan coil units assessed. ing and ventilation as well as optimal in- door air quality. Proper retrofit fan coil replacements can be done in a few hours Next, replace everything with brand-new New retrofit fan coils offer more efficient with minimal disruption to the suite and fan coil equipment. New fan coil designs motors, blowers and electrical wiring, resident. All work can be done without feature all new, clean components careful- providing noticeable energy savings. any drywall destruction. ly selected to mitigate airborne particles and mould issues. They include removable Whether or not the fan coils are owned coils that can be thoroughly cleaned on Significant Savings by the corporation or by the residents, both sides. New, closed-cell insulation pre- Field tests indicate up to a 75% savings in fan coil replacement is a breeze. The Con- vents microbial growth on the walls of the kilowatt-hour (KWh) usage with a new ret- do Corporation can organize the work, cabinet, while updated drain pans disallow rofit fan coil. The bulk of the savings comes which allows the Condo Corporation to standing water in the cabinet. from the highly-efficient ECM motors. apply for energy savings rebates. Or, you can choose an owner participation pro- All these features contribute to a cleaner Book an Assessment gram. This allows residents to sign up fan coil that’s able to deliver optimal in- It’s recommended that buildings aged for fan coil replacement on a unit-by-unit door air quality. 20-years or older have their fan coil units basis. Industry-leading fan coil compa- assessed. A qualified technician should look nies also offer financing options to make More Benefits over your units to determine the operation- replacing your fan coil easier. Apart from residents breathing cleaner al and air quality status of the fan coil. air, they will also save energy on heating, If your building is approaching the cooling and ventilation. New electronic Don’t just choose anybody. Select an inspec- 20-year-old mark, you owe it to yourself equipment is far more advanced than tor that is knowledgeable about fan coils and your fellow residents, to have a thor- technology from the 1970s, 80s and 90s. and the standards set out by The Environ- ough fan coil assessment completed. CV

12 CV CONDOVOICE WINTER 2019 Brian MacLeod Co-Founder Parity

Energy Savings Live Better and Save Money How Condo Boards Can Take Advantage of New HVAC Energy Savings Opportunities

Since the first modern condominiums into our daily lives, terms and concepts property can decrease costs in the future. were introduced in Utah in 1960 [1], and like Internet of Things (IoT), cloud com- became legally possible to own in Canada puting and artificial intelligence (AI) be- Once the assessment has been completed in 1967 [2], they have redefined how we come more mainstream. Not surprisingly, and reviewed with the board and property think about urban living. In the last 60 these innovations are also central to mak- manager, installation can begin. Installa- years, the experience of owning, living ing legacy HVAC systems more efficient tion involves attaching Energy Manage- in and efficiently managing a condo has moving forward. ment Platforms (EMPs) to existing equip- evolved significantly and rapidly. Perhaps ment. EMPs include smart sensors and one of the most important shifts for condo So how does revamping your current controllers, all of which require very little boards and property managers has been HVAC system benefit your building? capital investment in comparison to a full the ability to adopt new technology to in- The existing equipment in any multi- equipment retrofit. crease energy efficiency for their buildings. family building may already have the basic infrastructure that can be adapted With new sensors collecting the build- Utilities typically represent 30-40% of to accommodate new technology and a ing’s operational and energy use data, a building’s operating budget. We know new approach to managing the building’s information is sent to the cloud. There, it that traditional heating, ventilation and HVAC efficiency. Each building is differ- calculates the best HVAC settings for the air conditioning (HVAC) equipment expels ent, but most buildings have the capacity building under various conditions. significant energy waste. Today, however, to increase energy savings and it all starts access to new technology offers unprec- with an assessment. A lean hardware automation system is edented access to well-run, automated and all that is needed to carry out dynamic affordable HVAC system solutions. During initial assessment, mechanical changes that can be generated from the rooms and equipment are evaluated to de- cloud. The changes in the building can When current property management prac- termine how much energy is wasted and typically be undertaken in less than a tices intersect with emerging technologies, where there are opportunities to optimize month with virtually no disruption in we have the potential for significant energy energy performance and cut costs. Build- building operation. savings, improved comfort and enhanced ing experts can quickly identify what en- mechanical service response. ergy capacity a property currently has, Installations can also include the addi- what gaps need to be filled and, with the tion of smart thermostats at the suite

As technology is increasingly integrated correct software implementation, where a level - these provide even greater data on WIENS CARL BY ILLUSTRATION

CONDOVOICE WINTER 2019 CV 13 14 CV CONDOVOICE WINTER 2019 building demand, enabling the building features can produce accurate data for re- redirected to more immediate resident to respond and adapt in an even more pre- porting on costs relative to targets. needs. Having greater visibility into a cise manner. For example, if AI sensors building’s energy performance offers can predict colder forecasts in the com- EMPs help condo boards improve their managers peace of mind. ing days, the building will automatically financial positioning; in fact, they can help manage heating and cooling functions ac- multi-family buildings save 20-30% on Condo boards can lower building energy cordingly for each resident’s needs while utilities per year. When 30-40% of condo use by adopting new, smart technologies. still managing energy efficiency. fees and management costs are sunk into In addition to improved financial posi- energy use, it pays to explore options to tions (through savings), these solutions While your building works smarter, minimize energy waste, saving valuable can increase resident comfort and allow monthly reports demonstrate where the resources for other operational needs. for greater visibility into the energy per- building has improved its energy effi- formance of a building. A condo board ciency. These monthly savings reports Not only do EMPs improve energy sav- can proceed with HVAC upgrades with illustrate savings and energy perfor- ings, but they have shown to improve resi- far greater confidence now that they have mance, offering condo boards informa- dent comfort and quality of life. Technol- real time access to clear outcomes. As we tion, education and peace of mind. A short ogy can easily notify management when look ahead to the next 60 years, we know payback period (often less than 2 years) imminent mechanical issues arise and can the evolution towards an increasingly sus- makes EMPs attractive to both boards lead to faster response times. Ultimately, tainable condominium living experience and building owners. mechanical providers are able to gain ac- will continue – and it begins with these cess to key data and process alarms in kinds of smart technologies supporting Precision and accuracy are no longer elu- order to better manage the building in a the energy management decisions and sive as they once used to be. For instance, more responsive fashion. goals of property managers and condo- today’s motors are equipped with con- minium boards. CV trollers that allow for accurate electrical Keeping tabs on building operations and operational data to be transmitted in manually is both inefficient and imprac- [1] https://hub.associaonline.com/blog/a- real time. Moreover, boilers and chilling tical. Ensuring management has a pulse brief-history-of-the-condo systems can be equipped with low cost on a building’s internal nervous system [2] https://www.theglobeandmail.com/ controls and measures to enable dynamic is key to smoothly operating a contem- real-estate/toronto/toronto-condo-growth- adjustments in real time – and all of these porary property, ensuring focus can be by-decade/article34827531/

CONDOVOICE WINTER 2019 CV 15 16 CV CONDOVOICE WINTER 2019 Jason Rivait Justin McLarty B.A.(Hons), M.A., LL.B. Associate Partner, Miller Thomson Miller Thomson

Cover Story A Holiday Do’s (and Don’ts) List As We Reach Into Our Storage Lockers to Dust Off Holiday Decorations, What Better Time to Remind Boards and Residents of Their Holiday Do’s (and Don’ts)

The holiday season provides a unique op- portunity for condo corporations to foster a sense of community. From recognizing hard working staff to throwing mixers for residents, there is ample opportunity to build morale and celebrate each other’s differences. Boards should be encouraged to seize this opportunity, while being mindful of the slippery legal landscape.

A host of issues typically only present themselves during the holiday season. We will dive into the four most common questions condo corporations grapple with during this festive time of year.

Holiday Decorations Whether your holiday decorating style is more Charlie Brown than Clark Gris- wold, many residents will want to do some decorating over different holiday seasons. Well-drafted rules can help to ensure that the decorations are safe and do not unduly interfere with others.

An important point to remember is the diversity of festive events celebrated throughout Ontario. Older rules, which may have focussed on Christmas themed common elements before December 5th carefully consider what types of decora- events and may even reference specific and must be removed no later than Janu- tions will be permitted. The nature and calendar dates in December and the New ary 5th in each year.” character of the building should be factored Year, should be replaced with more inclu- in when making such decoration decisions. sive provisions. For example, we would Alternatively, a rule that applies to any fes- recommend avoiding rules that provide: tive event will likely serve the building’s A classic example is door and balcony

“Decorations may not be placed on the community better. Condos should also decorations. As most unit entry doors VELLEKOOP MAURICE BY ILLUSTRATION

CONDOVOICE WINTER 2019 CV 17 18 CV CONDOVOICE WINTER 2019 balcony doors and balconies will form 1. Require owners to provide security at and store all deliveries, the corporation part of the common elements, the cor- their event, if alcohol is to be served. should be clear from the start it will not poration’s rules should ensure that no 2. Require events to either be ‘bring and be liable for accidental damage or loss. damage will be done to the door/balcony serve your own alcohol’ or, if the host when hanging a decoration. For example, is to provide alcohol, require that they Second, there should be stipulations on the condo could require that only over- hire a Smart Serve bartender. Events the size and/or weight of parcels that the the-door hooks be used. in which alcohol is to be sold should concierge desk will accept. The volume be strictly prohibited. of deliveries can easily overwhelm the Please also remember that certain re- 3. Prohibit drinking party games, such storage space available to most concierge ligious rituals must be accommodated as beer pong, which are designed to desks. Making it clear that the delivery up to the point of undue hardship. The increase consumption. of large items, such as flat screen TVs or Ontario Human Rights Code has para- furniture, will not be accepted can help mountcy if there is a conflict with the These requirements ideally would be set to ensure that all residents can take equal corporation’s rules. A great example of out in a separate party room or amenities advantage of parcel delivery services. this is the affixing of a mezuzah to the use agreement that each resident would door or door frame of the unit, which is have to complete as part of the booking Finally, condos should institute label- a religious ritual. To be clear, this con- process. Finally, corporations should use ling procedures, such as writing the duct would be permitted notwithstand- this time of year to ask their insurance unit number on two sides of the parcel. ing any rule to the contrary. Condo broker whether they have social host li- This will help the concierge track down corporations must be mindful of any ability or if it can be added to their policy. a parcel and can aid in tracking down the religious rituals of residents and con- resident who tried to shove all that card- sider how the Ontario Human Rights If the board is considering holding a hol- board down the chute rather than take it Code interacts with the Corporation’s iday party for residents, it should plan down to the recycling room. governing documents. ahead and budget for the expenditure. The budget should be modest and resi- Bonuses Whatever decoration rules are put in dents should be encouraged to chip in, It is only natural that a board would want place by a corporation, they should en- where possible. to reward a bonus to the concierge who sure the safety of all residents and apply has a smile for each resident every morn- broadly to all festive events. Packages and Deliveries ing or the superintendent who knows the There may be nothing more satisfying building like the back of their hand. The Social Host Liability than getting all of your holiday shopping board should remember, however, that While discussions of third-party li- done with a few clicks of the mouse, but a they are ultimately the trustees of the ability may not get a festive event go- large volume of parcels are often a head- unit owners’ money, and distributing ing, the use of alcohol in party rooms ache for a building’s concierge desk. bonuses should be handled with care. or other amenities should be kept in mind throughout the holiday season. In While most condos will have a security First, the Corporation should be on firm very limited circumstances, the host of system in place for receiving and arrang- financial ground before handing out bo- a social event can be held liable for inju- ing for pick-up of packages, the growing nuses. While no unit owner (hopefully) ries or damages caused by one of their volume of deliveries creates storage is- wants to be a Grinch, providing bonuses guests to a third party after they leave sues for buildings both large and small. when the owners are faced with a large the party. While accepting packages is a common special assessment may be regarded un- service offered by most buildings, the favourably. In Childs v. Desormeaux, the Supreme concierge desk should not be turned into Court of Canada clarified that a host can one resident’s personal receiving depart- Second, the bonuses should be properly only be held liable if they contributed to ment. A few measures can go a long way documented and handled like any other the events that caused the injury. As a in protecting the corporation. expenditure. This process ranges from result, the door remains open for a host approval of the exact bonuses in the min- to potentially be held liable in certain First, packages should not be received utes of the board meeting at which they scenarios, including, for example, if they unless the resident has signed a waiver were approved to ensuring that the bo- willingly and purposively over-serve one form. The waiver should stipulate that nuses are a line item in the corporation’s of their guests. the corporation will not be liable for the audited financial statements. packages it accepts on behalf of the resi- While there has not been a case involv- dent. Residents should make their own By no means is the above holiday dos (and ing a condo’s potential social host liabil- arrangements for particularly valuable don’ts) list exhaustive. However, it does ity, a few measures can be put into place or fragile deliveries. A concierge will provide some guidance on many questions to reduce the risk of a claim against a have no way of knowing whether a par- condo corporations will deal with during corporation and help everyone to have a cel is a pair of socks or a Faberge egg, the holiday season. We hope you have a safe holiday season: and while care will be taken to receive safe and happy holiday season! CV

CONDOVOICE WINTER 2019 CV 19 DISCOVERY TSCC 2231 – Condominium of the Year 2019

Photography by Ron Jocsak HEART AND SOUL

Not Even a Deluge of Biblical Proportions Can Dampen the Unprecidented Achievements of the Discovery Condominium

Left to right: William Choi, President; Aleksandra Homesin, Condominium Manager; Ian Chan, Treasurer; Wendy Manel, Vice President; Roger Salema, Secretary of the Board; (not present, Ji (Sophia) Wen Ying, Secretary).

20 CV CONDOVOICE WINTER 2019 James Russell Newsletters et Cetera

Discovery’s Condominium of the Year award is not their first accolade. Just two years ago, Discovery not only prevailed over every condominium in the GTA to become the local winner of CCI’s 2017 Great Canadian Condo Contest but was crowned the national winner as well – an unprecedented achievement that has yet to be matched. “We are very appreciative and honoured to be selected and awarded the Condominium of the Year. This award will serve to remind our community of many great things we have accomplished together, and hopefully continue to inspire more participation and involvement from everyone to continue making Discovery a desired community to be a part of,” says William Choi, the board’s president.

CONDOVOICE WINTER 2019 CV 21 Above (in no particular order): John, Mark Anthony, Angela Chiriguog; Jose Luis Bedolla, Erardo Jimenez-Correa, Claudia, Enid, Emmanuel, Cindy Zheng, Abdi Kahrazeh, Stenia Celuch, Elisabete Dias; Princess Gonzales, Behram Irani, security; Lucas Di Lisi.

Discovery’s 1,131 units are set in four high- that will eventually comprise Concord dedicated study lounge, theatre room, dog rise towers and an assemblage of town Park Place’s estimated five thousand units. park, card-playing room, children’s play- houses. The complex, known to Canada The street that borders Discovery on the room, and their pet washing and drying Post as 15, 19, 29 and 33 Singer Court is north was named after Verner Milton facility. located in Concord Park Place, a sprawl- Singer, the North York Reeve from 1957 ing forty-five acre plot of land bounded by to 1958 and a member of the Ontario leg- Discovery’s Amenities Coordinators not Highway 401 to the south, Sheppard to the islature from 1959 to 1977. only welcome new residents to the build- north, Leslie to the east and the elegant, ing, but provide newcomers with a guided eight-acre Woodsy Park to the west. This Although endowed with amenities com- tour to familiarize their newly arrived entire swath of land once belonged to the mon to most condominiums, it is Discov- neighbours with the complex’s amenities Canadian Tire Corporation. Discovery ery’s uncommon perks that set it apart and innovative programs, which include: opened in 2012 and occupies but a small from just about every building in the • The Mommies Group - a network for footprint of the multi-building complex GTA, amenities such as their Yoga room, the complex’s growing demographic of mothers and fathers. Left to right: Ivan Rivera, Anthonly Lobo, Jerome Dela Cruz, and Behram Irani. • Good Morning Discovery - a popular event that provides seniors with the op- portunity to socialize and network. • The Study Space Program - which, in addition to the separate Study Lounge, provides Discovery’s students and young professionals with a quiet, study environment. • Movie Nights – comprised of two eve- nings a week for adults and one night for kids and families. • Sports Nights – which allows residents to cheer for their teams during playoff season. • Free Fitness Classes – which include Boot Camp, Hot Yoga, Yoga Flow, Pi- lates, and Abs Sculpt.

22 CV CONDOVOICE WINTER 2019 But for Roger Salema, Discovery’s Di- rector-at-Large, it isn’t just the amenities and programs that represent the com- plex’s core strength. Rather, it’s “The di- verse groups of people, cultures, and ages, which are similar to Toronto’s myriad of cultures.” Discovery’s very active social committee, in collaboration with the board and staff, organizes activities tai- lored for that diversity with year round programs capped off by the committee’s crowning achievement, their annual ‘Let’s Celebrate Discovery Holiday Party’. The event is an opportunity for residents and their families to get together to celebrate their community and meet their neigh- bours, board and staff. The program- ming includes Santa, a photo booth setup to take fun portraits, face-painting, bal- loon animals, gingerbread crafts, a ‘guess the number of candies in the jar’ contest, Above top, top to bottom: John Salangsung and daughter Daniella, Carla Quizon letter writing to the North Pole, finger and son Jarvin (in the car at front), and Grandma Tess Layson with grandson JK Layson-Pineda foods, hot chocolate, music, and an inter- active wheel with over $1000 in prizes. engineering, finance, information-tech- board of Discovery years of experimenta- The much-anticipated event requires nology and science, but a mix of young tion before honing their now successful more than two months of planning by the and old, condominium living veterans and communication strategy. Their Know committee’s volunteers. newbies. That diversity helps the board Your Condo and Amenities of the Month maintain a vibrancy that is important for posts along with Maintenance Alerts Discovery’s board of directors is made up managing a community as large and di- posts on the concierge desk and the no- of William Choi, President; Wendy Ma- verse as Discovery. tice boards in each of the building’s three nel, Vice-President; Ian Chan, Treasurer; elevators, provide residents with impor- Roger Salema, Director-at-Large and Ji Developing communication that is consis- tant information about their building and (Sophia) Wen Ying, Secretary. In sum, the tent, easy-to-read, and marketed in a way community. Board and management also five bring to the table not only a diver- that residents will be eager to take notice employ mass-email, voice-mail and text sity of professional experience including is a challenge for any board. It took the messaging broadcasts.

Wei Ka Tan (front right) leads a group in traditional dance

CONDOVOICE WINTER 2019 CV 23 Those communication avenues were put fact.” Granted, many boards and property to the test when disaster struck on Janu- managers express that desire for ‘open ary 21, 2019. It was a sunny but cold Mon- door’ accessibility; Discovery’s board and day morning with the outside tempera- management however, live and breathe ture hovering around minus twenty, not accessibility. Management even replaced unusual for January in Toronto, although the solid door to the Management Office the bitter Arctic air flowing from the with a glass paneled one. And while re- north made it seem much colder. No one placing a door was but a small budget ex- knows exactly how much water cascaded penditure it sent a huge, heartfelt message from above when Discovery’s sprinkler to The Discovery’s ‘family’ of residents, system pipe froze then ruptured. As you visitors and staff. That feeling of kinship might imagine the board, management, was demonstrated recently when one of staff and residents had more on their Discovery’s staff experienced a near fatal minds, and hands, then giving a thought family emergency. Knowing that spend- to accurately measuring the water swirl- ing time with their loved one would result ing around their feet and legs. And al- in not only reduced working hours but a though the water spewed from the burst reduced paycheck, staff and management pipe for a mere twenty minutes before the contributed to a fund to lessen the staffer’s flow was throttled, by then that single financial pain. pipe, located in the mechanical penthouse perched atop the 28th floor, had poten- In addition to recent improvements such tially disgorged 70,000 gallons. “The as: upgrading the fitness equipment, in- stairwells resembled Niagara Falls,’ says stallation of free Wi-Fi in the guest suites, Aleksandra Homesin, Discovery’s tireless repainting all common areas, replacing the and unflappable property manager. The hallway and ground floor carpets, upgrad- board and management began delivering ing their Children’s Playroom, installation hardcopy, emailed and verbal updates to of Canada Post mailboxes, and refurbish- residents within minutes of the rupture ing their piazza, Discovery ‘s board contin- and continued to communicate with resi- ued focus on sustainability and energy-ef- dents throughout that day and subsequent ficiency has resulted in ‘greening’ projects days and nights. “We worked hard to en- that include: sure that there was regular communica- tion and updates to the community,” says • replacing the original atmospheric Wendy Manel, the board’s vice president. heating boilers with condensing boilers During those first few days, Discovery’s • installing variable speed drives on all board and management committed all major pumps and MUAs, their energy and hours to tackling not • installing LED lighting in the common only the myriad of mini-crises that pre- elements; and, sented themselves minute-by-minute but • replacing their main booster pumps. the board and management successfully devised a long term strategy for return- In all, the board’s energy initiatives have ing their community to its previous state resulted in a 20% savings in hydro con- of excellence. Over the following months, sumption and enabled the board to hold the board, management, and staff com- this year’s maintenance fee increase to mitted all their heart and soul to restor- 0.9%. ing Discovery to its former glory and in July, just seven months after the sprinkler The judges awarded Discovery with this pipe unleashed its fury, the restoration year’s Condominium of the Year award work was finally completed. not simply based on their crisis manage- ment mastery and the amazing level of Much of Discovery’s healthy sense of com- team-work practiced day-to-day by the munity results from the open relationship board, management and residents but in initiated and nurtured by Aleksandra recognition of the heart and soul at the who says, “A resident’s first introduction core of Discovery’s vibrant and diverse to the management office is extremely community. “I felt so ecstatic, like many important because it establishes the rela- people who found out, and proud for all of tionship between Discovery and the resi- us that made this (award) possible,” says dent immediately -- instead of after the William. CV

24 CV CONDOVOICE WINTER 2019 Sabine Grimes Principal Unison Group

Design The Evolution of Amenity Spaces How We View Condo Amenity Spaces Has Changed Dramatically Over the Years as Suite Sizes Shrink

Above: Plan of downtown condominium lobby noting opportunities for improvement Amenity spaces had once been perceived the ability to host different kinds of events. as an added bonus to the residential unit and as an element to ameliorate your life… When it comes to updating amenity spaces very similar to icing on a cake. Now, ame- in older buildings, which aspects of them nity spaces are often seen as an extension should we change and which items should of the private residences and provide ele- be kept in the same configuration? Worn ments that we simply do not have room for out finishes always need to be replaced – inside of our suite. So, instead of the icing on sometimes like for like to bring forth the the cake analogy we have moved to a more former glory of the building. In other cases modern analogy of a tray of cupcakes con- the finishes and interior fit-out scheme are Condominiums are small, vertical cities sisting of different flavours that we all cut changed completely, either to change the that house a large amount of us in Toronto. into smaller pieces and share. This being interior aesthetic or to suit the needs of a In many ways, they provide a platform for a said, the composition of interior spaces, both new function. Updating finishes as part portion of existence and define how we live suites as well as amenity spaces is quite dif- of a maintenance routine is necessary as a good portion of our life. ferent with older and new buildings. Older there is a mandate to keep the building buildings often times have larger suites and in an acceptable state. Changing the use When it comes to condominiums and the large parcels of amenity spaces that have of- of spaces should be a decision that’s made amenity spaces, how we view the spaces has ten times been designed to host a very spe- based on the current and anticipated us- changed dramatically over the years as our cific use. New condos have smaller suites age. As time goes on, we always have the to suite sizes are getting smaller and smaller. and a myriad of amenity spaces that have fine tune the interior fit-out, to best suit the

CONDOVOICE WINTER 2019 CV 25 Existing party room in 10 year old North York condominium (top left) with makeshift coat closet (below left ). When renovating party rooms, creating allowances for storage is always taken into account. Existing billiards and games room (above) which is due for a renovation. Interesting to note that this room, which is adjacent to the fitness area was once utilized for fitness activities. Below: New childrens play area, an amenity that is relatively new to the Toronto market

26 CV CONDOVOICE WINTER 2019 When designing this condominium party room, we had to ensure that the space and layout offered flexibility for various functions needs of today and the anticipated needs of ercise. The appointment of amenities (both luring and have a swanky amenity spaces. tomorrow. in aesthetics and programming) may lead The older stock of condominiums in To- to a successful marketing venture for a con- ronto have a certain amount of intrigue Amenity spaces (and common spaces in dominium but does not always guarantee and unique features that are hard to find general) in condominiums have 2 primary that the spaces will function as intended. in new buildings. When renovating the functions; Well poised and elegant renderings of ame- public spaces in your condominium, it is • to provide a common area for residents nity spaces always look great and have the important to fully realize, and make the to gather and to help foster a sense of opportunity to further support a marketing most of, the unique elements. community campaign, but the reality is that purchas- • to provide space that supports the life- ing lingerie is usually a much more exciting The stock of older condominiums in To- style choices of the various residents and captivating than purchasing the more ronto have spaces that are vastly differ- utilitarian version - sweatpants. New build- ent from condos today – large amenity From over 200 walk throughs in existing ings are often marketed with a “lingerie” spaces on the basement levels consisting condominiums in the GTA I have seen ame- mentality with operational concerns being of party rooms, swimming pools, utili- nities appointed in a myriad of ways – the- secondary – retrofit projects are often re- tarian change rooms. I have an entire li- aters, pools, fitness areas, libraries, billiard quire a “sweatpant” sensibility with a desire brary of site photos of underground party rooms, guest rooms, party rooms, pet areas, to take on a “lingerie” aesthetic. rooms and pools – lit with fluorescent velvet panel clad party rooms, poker rooms, lights and that have the same finish out as children’s play areas... the list goes on. Every The real estate market has changed sig- 1983. When walking through a project in building and condominium community is nificantly over the past 100 years and the the past year, through the change rooms exceptionally different than the next and it’s ideal condominium development looks to the pool I noticed a stand-up tanning important to realize that what works well at very different today than it did 50 years booth – still in mint condition. Obviously Yonge and Bloor most probably won’t work ago. Building shell, ceiling height, propor- tanning booths are something that is not well on the periphery of Etobicoke. tions, appointment of amenities, suite siz- introduced into a new development project. es…. everything is vastly different. There That being said, most individuals reading The reality is, the assortment of amenity is one common misconception – it is often this would assume that the direction would spaces that exist in most new buildings are assumed that only the new condos with be given to remove the tanning booth with often the result of a sales and marketing ex- the soaring 20’ lobby ceilings can be al- the imminent renovation. Surprisingly, ac-

CONDOVOICE WINTER 2019 CV 27 28 CV CONDOVOICE WINTER 2019 cording to the board, the tanning booth are we going to do with the all of the ame- If anyone could design the perfect building, was an item to be maintained as-is during nity spaces’ and there is never a request to what would it look like? A certain size of the renovation as it was well used and liked find more space. Guest rooms area always lobby, certain proportions of amenity spac- by the residents. Interesting. booked, gyms are typically too small. es? Would it have a spa? What about a dog Theaters, the majority of time, continue to run area? What about a dedicated spot for Walking further through the change be vacant, party rooms tend to be lonely food delivery in the front lobby? The real- rooms I get to the underground pool places to be Monday afternoon at 2pm. ity is, there is no perfect building and even area – a vast, 2-storey space with decora- Not surprisingly, children’s play areas are the ‘perfect development’ will only be seen tive tiles on the walls and with a ceiling empty Saturday night at 10pm while the in this light for only a fraction of a second. dotted with numerous fluorescent lights. party in the adjacent party room with a At this exact moment in time fitness spaces When the building was developed in 1983 capacity of 40 people is already at 41 when and parcel spaces are the 2 areas that have there was obviously a greater desire to cre- you really wanted to invite 60. undergone significant change in the past ate spaces for underground pool parties as 10 years. I would assume that in another 10 there was less need for underground lock- As our individual units get smaller and years the requirements and uses for both of ers and parking spaces. In 2019, the closest smaller, our individual units only include these will be significantly different again. we get to parties on the p2 level is fumbling the necessary elements. Having a unit Perhaps our parcel requirements will dou- with our fob to get out of the garage and with a spare guestroom is something that ble? With our aging population will the into the airlock. Joking aside, as time pro- the majority of us can’t afford. Some of us guest suites in our condos be transformed gresses, it is important to understand the are lucky enough to live in condos that to nursing stations? Will we open-up our unique characteristics that bring value to have guest suites. Guest suites (especially ground floors to further engage the com- the property and accentuate them through those in downtown buildings) are always munities to include daycare facilities, con- the renovation or evolution process. booked and are a great amenity. Cowork- venience stores, and dry cleaning? ing spaces, spaces for strollers, parcel Through my years of experience in con- storage are items that we seem to be add- The better question is – how do I set my dominium refurbishment, I have always ing to most condominiums. Childrens condo up for continued, positive change? encountered an excessive amount of ame- rooms, craft rooms, and tool rooms are My suggestion is to leave room for flex- nity spaces. When meeting with a condo spaces we are seeing in most new build- ibility and to create spaces (with character) board, there is always the question – ‘what ings and are quite popular. that are set up for positive change. CV

CONDOVOICE WINTER 2019 CV 29 30 CV CONDOVOICE WINTER 2019 Fatima Vieira Mahdi Hussein B.A., M.A., LL.B. B.A., JD. Senior Associate Associate Gilbertson Davis LLP Gilbertson Davis LLP

Ageism in Condos The Golden Girls and Boys Challenges and Best Practices for Condominiums with Aging Residents

Active retirees and seniors have downsized This area is more challenging to accom- and flocked to condominiums seeking the modate in a condominium community autonomy, ease of lifestyle, and access to because of the duties placed upon owners amenities and services. In doing so, they the Human Rights Code is not absolute. and occupants under the Condominium have rejected other models of retirement The condominium corporation is required Act, 1998. Owners are responsible to living in designated retirement communi- to provide accommodation without incur- maintain and repair their unit, to vote at ties which offer amplified assistive living ring undue hardship. A defence of undue owners’ meetings, to contribute to im- services and arrangements. According to hardship must be grounded in at least one portant decisions about the condominium Statistics Canada, senior citizens are pro- of the three enumerated grounds, as ref- property and assets, to pay his or her pro- jected to comprise 25% of the population erenced in the Human Rights Code, which portionate share of the common expens- by 2030. Lifespans of Canadian senior are costs, requirement to secure outside es, including any special assessment fees, citizens are also increasing: in 2001, cen- funding, and health and safety concerns. and to abide by the Act, the declaration, tenarians numbered 3,400; however, by by-laws and rules. Owners are presumed 2030, this number could exceed 17,000. Suppose a member of a condominium com- to have the capacity to adhere to these The plan for many active retirees and se- munity becomes wheelchair bound and duties, but they cannot if they suffer from niors is to age in their current condomini- requires widening of doors to common a loss of cognitive function. ums. However, when retirees and seniors entrances or a closer parking location be- become less active due to their declining cause of their disability. The condominium Suppose that a member of the condomin- loss of function, both physical and cogni- has the responsibility to consider, and to ium community begins to suffer from de- tive, their condominium may no longer be accommodate, that request unless it is pro- mentia, which can sometimes manifest in a suitable residence for retirement. hibited by reasons of undue hardship. behaviour that causes disturbances, loss of enjoyment, or nuisance to others in the The condominium has responsibilities A more challenging area is serious loss of condominium. In this situation, if a con- under the Human Rights Code to protect cognitive function which may be included dominium demanded compliance with its against discrimination based upon both in the definition of “mental disability” as by-laws or rules preventing any owner age and disability, amongst other factors, “a condition of mental impairment,”, “a or occupant from causing a nuisance, the and to provide suitable accommodations dysfunction in one or more of the pro- condominium could encounter a claim of to its tenants, owners, and visitors. The cesses involved in understanding” or a discrimination and failing to accommo-

duty to accommodate a claimant under “mental disorder.” date under the Human Rights Code. DENG DESHI BY ILLUSTRATION

CONDOVOICE WINTER 2019 CV 31 Furthermore, individuals suffering from Guardian and Trustee, the member must severe cognitive limitations, may have Condominium boards be designed by the Consent and Capacity third parties, who may not reside at the and management Board as not having the requisite capacity condominium that act as their represen- to deal with their affairs. tatives through a Power of Attorney for should be aware, Property, under the Substitute Decisions Autonomy is often what attracts retirees Act. Incapacity under this Act arises and be in a position and seniors to condominium communities. when a “person is not able to understand to deal with the However, condominium boards and man- information that is relevant to making a agement should be aware, and be in a posi- decision in the management of his or her inherent challenges tion to deal with the inherent challenges property or is not able to appreciate the with aging occupants. This includes, and reasonably foreseeable consequences of a with aging occupants is not limited to, providing reasonable ac- decision or lack of decision”. As a result, commodations, conducting investigations the condominium corporation needs to The Public Guardian and Trustee can be regarding rule and by-law offences to un- be aware of any member that has been appointed to assist in situations when a derstand the root causes of infractions, and granted a Power of Attorney for Prop- condominium community member lacks ensuring that the condominium is aware if erty, so it may direct all notices, requests capacity but did not delegate their au- any of its owners have a Power of Attorney for payments, and information, to the thority under a Power of Attorney for for Property in place and if so, to communi- designated authority. Property. However, to engage the Public cate with the designated authority. CV

32 CV CONDOVOICE WINTER 2019 Megan Molloy Richard Elia B.A (Hons), LL.B. B. Comm., LL.B., LL.M.(ADR), ACCI.. Elia Associates PC Elia Associates PC Condominium Lawyers Condominium Lawyers

Condo Law Changes to the Collection Process Post Ching v. CCC 203 How a Recently Released Decision Directly Impacts the Condo Lien Procedure and Costs

The recently released decision of Mei Ki procedure and the costs that are normally tunate and place more onerous obliga- Ching v. Carleton Condominium Corporation associated with this process. tions on condos, and by extension, on No. 203, 2019 ONSC 4338 (“Ching”) is unit owners who may already be strug- sure to garner a lot of attention going for- The following timeline details the im- gling to pay common expenses, at this ward as it directly impacts the condo lien plications of this case, which are unfor- pre-lien stage.

Condominium Lien Timeline 1. 2. 3. 4. 5. January February March April May $ 300.00 $ 300.00 $ 300.00 $ 300.00 $ 300.00

Reminder One Reminder Two Statutory Lien Stops Statutory Lien Starts Notice of Lien Register Certificate Update Status “Form 14” of Lien Certificate • Search Title and Send • Search Title and Send Notice to: Notice to: • Owner(s) • Encumbrancers • Encumbrancers • Guarantors • Guarantors • Search Title for Last Pre Ching v. CCC 203 (Sept. 10/19) • Others (Notices) Instrument • Regular Mail • Update Notice of Post Ching v. CCC 203 (Sept. 10/19) • Registered Mail Change (required) • Update Status

Certificate SCHNEIDER JASON ILLUSTRATION

CONDOVOICE WINTER 2019 CV 33 Be Kind Condos in 2020: The Furture is Here Short-Term Rentals Sustainable Communities Board-Manangement Relations The Cost of Curb Appeal:Pros & Cons

34 CV CONDOVOICE WINTER 2019 In Ching, a couple purchased and resid- low-cost, mandatory pre-notice, which ed in a condo unit as their matrimonial is issued only to the owner(s) of the unit home. However, only the husband was as registered at the Land Registry Of- registered on title as an owner of the unit fice. There has never previously been any (the “Owner”). The couple separated in suggestion that an in-depth title search 2014, and Ching moved out. The Owner was necessary at the Notice of Lien stage. continued to reside in the unit. In 2015, However, the Court thought otherwise, Ching properly registered a claim to the and in doing so appears to have expanded matrimonial home on title to the unit, the notice requirement for all condomin- which included notice of her new address ium corporations going forward. (a “DMH”). The Designated Matrimo- nial Home (DMH) was reflected as a While this new search requirement is un- “Notice” on title to the unit. A “Notice” law proceeding granting her exclusive likely to have much impact on the overall can represent many things besides a possession of the unit, and commenced costs associated with a lien by the time it claim on title. an action to challenge the validity of the is registered, the Ching decision has tak- condo’s lien and power of sale action. De- en what was supposed to be a low-cost, In 2017, the Owner defaulted in payment spite the fact that the condo was consider- mandatory pre-notice, and has front- of common expenses to the condomin- ably invested ($) in the collection process loaded the costs involved in the common ium corporation, and the condo began by that point, the Court ruled that the lien expense collection process. taking steps to register a lien to secure was invalid because Ching had not been the arrears. In this case, the DMH No- provided with a copy of the Notice of Lien. Practice Note: For purposes of cost ef- tice was not included in the search for en- ficiency, consider using the Notice of Lien cumbrances on title, and the condo failed In reaching its decision, the Court seems as a simultaneous notice to all registered to provide notice of the steps taken to to have taken the position that searching encumbrancers. In this way, if and when perfect and register the lien to Ching, title to the unit and sending notice of the the Lien is eventually registered, only a the non-titled spouse. There were likely lien was no big deal – which it isn’t. How- “last instrument” search will be needed also many other communications from ever, relying on Section 22 of the Family for most files. the condo that were issued to the Owner, Law Act, the Court went on to conclude but were not copied to Ching. that Ching, the non-titled spouse, ought All of the information contained in this ar- to have received a copy of the Notice of ticle is of a general nature for informational Despite having registered a valid claim to Lien, thereby requiring that an in-depth purposes only, and is not intended to represent the matrimonial home, Ching was essen- title search take place at an earlier stage the definitive opinion of the firm of Elia -As tially ignored by the condo throughout than it has previously been required un- sociates on any particular matter. Although the lien process. Issues started after the der the Condominium Act, 1998 (the every effort is made to ensure that the infor- condo obtained vacant possession of the “Act”). mation contained in this article is accurate unit and attempted to list it for sale. Ch- and up-to-date, the reader should not act ing had simultaneously obtained an order According to Section 85(4) of the Act, upon it without obtaining appropriate pro- from the Court in a separate family the Notice of Lien is intended to be a fessional advice and assistance. CV

CONDOVOICE WINTER 2019 CV 35 36 CV CONDOVOICE WINTER 2019 Carol Dirks Partner Fogler Rubinoff LLP

The Construction Act Amendments to the Construction Lien Act Construction Contracts: New Mandatory Prompt Payment Requirements and Adjudication

On October 1, 2019, the second set of drawing for a planned improvement and 1. The contractor’s name and address. amendments to the Construction Lien even equipment rentals. 2. The date of the proper invoice and the Act came into force. Now called the period during which the services or Construction Act, these amendments For any contract entered into by a con- materials were supplied. concern much more than construction dominium corporation after October 1, 3. Information identifying the authority, liens and have a serious impact on the 2019 (or for which the procurement pro- whether in the contract or otherwise, entire construction industry. cess has not commenced by that date), under which the services or materials the parties are subject to the prompt were supplied. These new amendments are designed payment requirements – which is a stat- 4. A description, including quantity to improve the cash flow to contractors utory deadline by which to either issue where appropriate, of the services or and sub-trades working on construction payment to a contractor or subcontrac- materials that were supplied. projects so that they “get paid on time” tor, or to provide notice of a payment 5. The amount payable for the services and also to establish a process to resolve dispute. or materials that were supplied, and payment disputes quickly. the payment terms. The Triggering Event 6. The name, title, telephone number What Contracts Does it Apply to? – Receiving a “Proper Invoice”? and mailing address of the person to The Construction Act applies to any con- This statutory payment deadline is trig- whom payment is to be sent. tract entered into by a contractor with gered by the receipt of a “proper invoice” 7. Any other information that may be a property owner to supply service or from the contract. The term “proper in- prescribed. materials to an improvement in respect voice” is defined in the Construction Act of any land. The term “improvement” (s. 6.1) as: Unless the contract specifies another includes alterations, additions or capital timeframe for the contractor’s billing, repairs to the land, any construction or “a written bill or other request for pay- the contractor is required to issue a installation on the land (including me- ment for services or materials in respect proper invoice to the owner on a monthly chanical and electrical), and complete or of an improvement under a contract, if it basis (s.6.3) for the duration of the con- partial demolition of any building, struc- contains the following information and, tract. The contract documents will often ture or works on the land. It does not just subject to subsection 6.3 (2) of the Con- contain language dealing with when a no- include actual physical work to the lands, struction Act, meets any other require- tice or an invoice is deemed to be deliv- but also the supply of a design plan or ments that the contract specifies: ered. Condominium boards and property ILLUSTRATION BY CLAYTON HANMER BY ILLUSTRATION

CONDOVOICE WINTER 2019 CV 37 management should be aware of any such objections to the client before the 14 day Adjudication for Construction Contracts provisions. deadline. The corporation should consider (“ODACC”) is the body now designated including wording to this effect in its con- by the Ontario government to decide New Statutory Payment Deadlines sultant contracts. It also means that prop- these contract payment issues. The ap- On receiving a “proper” invoice, a condo- erty management and the Board of Direc- pointed adjudicator is charged to render minium corporation will now have only 28 tors will need to ensure that a cheque is cut, a decision within 30 days of receiving the days to make payment to the contractor. If signed by the signing officers and delivered parties documents, which decision is bind- the condominium corporation disputes all to the contractor before the end of 28 days. ing on the parties for the time being, and or a portion of the invoice, it will have 14 This no doubt will be a struggle for most least until the dispute is finally resolved days, after receiving the invoice, to issue condominiums. Condominium corporations in court or at arbitration. This expedited a Notice of Non-Payment (using the pre- should ensure that all approvals and pro- process is designed to keep the construc- scribed form) specifying the amount not be- cedures are immediately put into place to tion project moving along, and not to be ing paid and the reasons for non-payment. be able to process payments in compliance held up by payment issues. The contractor has similar payment obliga- with these the strict statutory deadlines. tions and deadlines to its sub-contractors. The condominium corporation would then If a condominium corporation is late in mak- have 10 days from the receiving the adjudi- In most cases, and certainly for larger con- ing payment, there is a requirement for it to cator’s decision to pay the contractor, fail- struction projects, the Board of Directors pay interest to the contractor. The interest ing which the contractor has the right to will often rely on its consulting engineer to rate paid will be based on the applicable pre- suspend work with compensation for costs. review the invoices and to certify payment. judgment interest rate under the Courts of However, with these recent amendments, it Justice Act or the interest rate specified in In conclusion, any new contracts after is no longer legal for a contract to stipulate the contract, whichever is higher. The corpo- October 1, 2019 involving the supply of that the making of payment by the owner ration also runs the risk that the contractor services or materials to improve the con- to the contractor is conditional on the cer- could refer the payment issue to the brand dominium lands are now subject to these tification of payment by a certifier, like an new adjudication process set out below. statutory payment obligations. Basically, a engineer or project consultant. If such a corporation has only 14 days from receiv- provision is included in the contract, it will Adjudication for Contract ing a contractor’s invoice to decide to pay be of no effect. Payment Disputes it or alternatively to dispute all or part of If the corporation delivers a Notice of it. Both property management and Boards What does this mean? It means that any Non-Payment, then the contractor has of Directors will need to be on their “con- payment certifier, like a consulting engi- 35 days to start an adjudication to resolve struction toes” to be sure that these new neer, will need to review the invoice almost the payment dispute by issuing a Notice requirements are known to all necessary immediately upon receipt and provide any of Adjudication. The Ontario Dispute parties and complied with. CV

38 CV CONDOVOICE WINTER 2019 member NEWS

CCI Was There CCI National Leaders Forum Awards Ceremony The CCI Toronto Chapter was well represented at the recent CCI National Leaders Forum which was held in Toronto from November 6th to 9th. The annual awards ceremony was held at the Hockey Hall of Fame.

Pictured from left to right: Marc Bhalla, Murray Johnson, Armand Conant, Tania Haluk, Lyndsey McNally, Sally Thompson, Lynn Morrovat, Vic Persaud and Bob Girard.

CONDOVOICE WINTER 2019 CV 39 CONDOMINIUM MANAGEMENT. ELEVATED. Did You Know All Owners Are Members Too? All Unit Owners of Member Corporations Are Entitled to Receive the Benefits of Membership!

An often overlooked benefit of CCI-Toronto membership is using our services to inform and educate Unit Owners about important topics related to their homes and investments.

It’s more than a condominium. It’s one This includes an up to 25% discount on all educational ses- of your biggest investments – and your sions. Informed Owners make for better communities; and home. Shouldn’t every aspect of it be can help a condominium Board develop a succession plan by of the highest quality? engaging future potential Board members!

For 40 years, ACMO has worked to If you have questions about how to encourage Owners to improve the quality of the condominium take advantages of the membership benefits, please contact management profession. With access to the CCI-T Membership Manager at [email protected] or at 416-491-6216. Or visit our website www.ccitoronto.org quality education and a strong network for information on upcoming courses, magazine archives, of professionals, condominium managers and more. with the RCM designation provide a higher level of service to you, your fellow board members, and the industry as a whole.

Bring a higher standard home. Choose a manager with the Registered Condominium Manager designation. | ACMO.org

40 CV CONDOVOICE WINTER 2019 PROOF #: 1 ARTIST: MC DATE: April 3 2017 AS: PR: DOCKET #: 14017 FINISHED SIZE: 3.5 x 9.5 CLIENT: ACMO FLAT SIZE: X” x X” FILE NAME: XXXX BLEED SIZE: X” x X” AD NUMBER: XXXX SAFETY SIZE: X” x X” RESOLUTION: 300 DPI COLOURS: CMYK NOTES: XXXX

JAN Kelley Marketing, its employees and agents (collectively referred to as “JKM”) shall not be held liable for any loss or damage suffered by you, or by any third party, from the use of these marketing materials (the “Materials”) if they have been modified, distorted, combined with third party content, or manipulated in whole or in part by any party other than JKM. Further, once the proof of the Materials has been approved by you, JKM shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in the Materials or in any way arising from their reproduction by a party other than JKM. member NEWS

CCI Was There Fire Inspections Dinner and Seminar

CCI-Toronto held a very well-attended Fire Inspections Din- ner and Seminar at The Novotel Toronto North York Hotel on Thursday, October 10th, 2019. This hot topic seminar attracted 86 attendees, and the feedback was amazing! The event invited participants to learn from CCI-T’s expert panel, including a property manager, an engineer, a fire inspector, and a member of the Toronto Fire Service to educate members regarding the burning issue of Fire Inspections.

Our panelists included Murray Johnson, Michele Farley, Tom Marchese, and Larry Cocco, who explained the technology of fire systems, the reasons for the increase in inspections, and Prior to the buffet dinner and main session, attendees had an answered the crowd’s many questions regarding remediation opportunity to mix and mingle with other directors and CCI and penalties. members. CV

CONDOVOICE WINTER 2019 CV 41 42 CV CONDOVOICE WINTER 2019 member NEWS

AGM 2019 Thank you to all CCI-T members who came out to attend the 2019 CCI Toronto & Area Annual General Meeting. The meeting was held on October 24th, 2019 at Parkview Manor, and to celebrate CCI-T’s 30th Anniversary, a gala event was held immediately following the AGM. A great time was had by all!

Above: Farzad Lahouti, YRCC 798 Below: Head table- Left to right: Tania Haluk (CCI-T President), Murray Johnson (CCI-T 1st Vice President), Bob Girard (Secretary/Treasurer), and Lynn Morrovat (Operations Manager).

CONDOVOICE WINTER 2019 CV 43 AGM 2019

CCI Toronto is pleased to announce the He also served as a member on the Vol- re-election of Brian Horlick, Marc Bhalla unteer Resource Committee. CCI Toronto Our annual contest winners and Sue Langlois – each for a three-year thanks Ernie for all his time, support and were also announced during the AGM and term. Newly elected to the board is Farzad expertise. prizes were handed out for the Condo of Lahouti from YRSCC #798. CCI Toronto the Year, and the Newsletter of the Year. welcomes you Farzad! During the award portion of the AGM, Congratulations go out to TSCC #2231 CCI-T took time to thank our corporate for winning the 11th annual condo of the CCI Toronto would also like to recog- sponsors by presenting them with rec- year award. They will receive funding for nize and thank Ernie Nyitrai who retired ognition plaques. Sincere appreciation street sign as well as a gala party for their from the board this year after serving for is extended to FirstService Residential residents to celebrate this achievement! six years. During his time on the board, Services (Premier Sponsor), Cion Coul- Congratulations also go out to Gates of Ernie was the co-chair of the Cond- ter, Duka Property Management, Elia Guildwood for winning the newsletter of oSTRENGTH committee, as well as the Associates, Horlick Levitt Di Lella LLP, the year for their outstanding publication. chair of the Special Projects Committee. and Read Jones Christofferson (Gold

44 CV CONDOVOICE WINTER 2019 member NEWS

Sponsors), and Malvern Condominium Page at Left, Clockwise From top Left: This Page, Clockwise From Top Left: Property Management, McIntosh Perry, President, Tania Haluk presents Ernie Nyitrai with a plaque of Event Sponsor, Left to Right: Brian Antman, (CCI T Finance/ appreciation upon his retirement from the board. Sponsorship Chair) and Mitch Bennison, (LEaC Shield Ltd). Shibley Righton and WSP Canada (Silver Sponsors). Ambassador Recipients 2019 Left to Right: Bill Left to Right: Murray Johnson (CCI-T VP), Brian Antman (CCI-T)) Thompson (Malvern Condominium Property Management), Peter Leong, (WSP Silver Sponsor) Audrey McGuire, (FirstService CCI Ambassadors who promoted CCT Lyndsey McNally (CCI-T Membership Committee Chair), Mo Killu Residential Premier Level Sponsor) and Tania Haluk (GPM Management), & Katherine Gow (Crossbridge Condominium (CCI-T President) throughout the year were also recognized. Services) Thank you to Connium Property Manage- Newsletter of the Year Recipients Left to Right: Hamid ment, Crossbridge Condominium Services, Silver Level Sponsors: Philip Brearton, (Cion Coulter), Brian Husein, Julia Sullivan, Evelyn Husein (Gates of Guildwood) and Antman, (CCI T Finance/Sponsorship Chair) and Victor Yee, (Elia Brian Horlick (CCI-T Communication Committee Member). DEL Property Management, GPM Prop- and Associates). erty Management, ICC Property Manage- Condominium of the Year Recipients Left to Right: ment, Malvern Condominium Property Gold Level Sponsors: Bill Thompson (Malvern Malvern Aleksandra Homesin, (Crossbridge Condominium Services), Management, and Pro-House Property Condominium Property Management), Brian Antman, (CCI T Lyndsey McNally (CCI-T) William Choi, (TSCC #2231) and Finance/Sponsorship Chair) & Armand Conant (Shibley Righton LLP). Katherine Gow, (Crossbridge Condominium Services). Management.

CONDOVOICE WINTER 2019 CV 45 THE BIG 30! Thirty years ago, on October 24th, 1989, the CCI Toronto & Area Chapter was launched. On October 24th, 2019 we celebrated the journey CCI-T has taken and took a look forward to learn what might be yet to come. This Gala event, featuring a dinner and dance, was held at Parkview Manor with over 150 of our members in attendance. It was a night to remember! CCI-T President, Tania Haluk, and Vice President, Murray Johnson, emceed the night and had the pleasure of call- ing upon one of the CCI founders, Jonathan Fine to say a few words about the early days of CCI.

Above: CCI Founder, Jonathan Fine. Below: 30th Anniversary Gala at Parkview Manor.

46 CV CONDOVOICE WINTER 2019 member NEWS

From Top: Members having fun at the photobooth. Networking reception prior to the anniversary gala. Our MC’s for the night President, Tania Haluk and Vice President, Murray Johnson. Condo of the Decade winners: YRCC #798 Left to Right: Murray Johnson, Bernard Betel, Tania Haluk, Sami Hamam, Farzad Lahouti, Stephen Pollishuke and Alexander Vainshtein.

CONDOVOICE WINTER 2019 CV 47 member NEWS

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Our roaming conference reporter, 23 ANNUAL Murray Johnson during one of CONDOMINIUM CONFERENCE many interviews with delegates Now in its 23rd year, the condo conference is still the highlight of our fall events, and this year was held at a new time and location taking place from October 3rd- 5th, 2019 at the Beanfield/Enercare centers. The conference continues to draw thousands of condo directors, managers, professionals and suppliers from all across the province.

Shibley Righton LLP booth was selected by delegates for the second year in a row as the conference’s best booth. The Shibley Righton team was presented their award by co-chairs Tania Haluk (middle left), and Audrey McGuire

48 CV CONDOVOICE WINTER 2019 CONFERENCE PHOTOGRAPHY PROVIDED BY:

The conference tipped off Friday morning with an opening welcome from co-chairs Tania Haluk and Audrey McGuire and was followed by a series of educational sessions over two days on a variety of topics. Keynote presentations were pro- vided by Barbara Stegemann and Michael Landsberg. The conference wrapped up with plenary session discussing the latest Session rooms were case law featuring condo lawyers: Josh filled with delegates Milgrom, Patricia Elia, Deborah Howden ready to learn from the condo experts! & Maria Dimakas.

The trade show remained as popular as ever with over 185 vendors, who offer the delegates the opportunity to learn about the latest products and services. Con- gratulations goes out to Shibley Righton LLP, for winning the best booth for the 2nd year in a row! For the first time, there was a student lounge, which allowed net- working opportunities with senior indus- try members.

A special thanks to our valued partner Fine & Deo Condominium Lawyers. Their partnership allows us the ability to make this conference happen each and every year The conference closing session was a plenary focusing on case law, presenting (from left and their support is truly appreciated. to right), condo lawyers Josh Milgrom, Deborah Howden , Patricia Elia, & Maria Dimakas Make sure to mark your calendars for next years conference taking place at the Ener- care Centre on October 3rd and 4th, 2020. We look forward to seeing you there!

The trade show was filled with delegates Students in the student visiting all the different vendors. networking lounge.

CONDOVOICE WINTER 2019 CV 49 50 CV CONDOVOICE WINTER 2019 member NEWS

CCI Word Search Puzzle

AGREEMENTS MEETINGS W F P D N E Y B Y L A W S R P C P A U M AUDIT MINUTEBOOK T I D U A O W B L Y V E E E U K I Y P G BOARD MORTAGEES Q N S T U D I E S V E U T R X R O X M R R BYLAWS NOTICES C A B U B R N T G G U F U B C L F E X W CHATTELS ORIGINAL I N C R E A S E A R O Z T F H Q G Y I R CONTRACTS OWNERS Y C Y N P O U T N R C B X G A I F C H Y CORPORATE PERFORMANCE D I W O Z B R S M B O F I L S S U T U E CORPORATION PLANS B A Y V R O A A S K R P F T E K N X Z Z DECLARANT POLICIES J L G E M D N E K M P N R W O A D A Y Y DECLARATION PURCHASE D F M R E C C V W A O A D O R E S C L S DEEDS RECORD U W L E E I E R A O R C B A C L H E M P DOCUMENTS RECORDS J Z D C T E K E R S A E L L L A T J A D EQUIPMENT REGISTRAR V S O O I A M S R S T C A R T N O C F L FILED RESERVE P L N R N Z U E A U E R V T E I E Y L K FINANCIAL RETURNS F V I D G F N R N D A H E M D G U D F X FIXTURES RULES L N S S S W J I T T Z L P O L I C I E S FUND SEAL H C U E O H M B I B S I M O E R X J U E INCREASE STUDIES J D K L W V H O E K U S B N J O D W A D INSURANCE TURNOVER D O C U M E N T S Q D J N G F B A E L R LEASE WARRANTIES H G A R W F I L E D E H S H P J X X J M

www.ccitoronto.org Check out CCI Toronto & Area Chapters new Website!

CONDOVOICE WINTER 2019 CV 51 52 CV CONDOVOICE WINTER 2019 member NEWS

CCI-T In Memorium Welcomes New Members

Individual Members: Professional Members: S. MacPherson CondoHarmony Inc. D. Gill Alexander Ramirez M. Raymond A. Allen Horlick Levitt Di Lella S. Barriault LLP. Paneet Bhandal Business Partner Members: Imperial Construction Parity Inc. and Restoration Inc. Jordy Koski Albert Sufa

Snaile Inc. Kevin Davis Insurance Services Andre LeBlanc, Central Painting Karen Shirvanian Jacquelyn Martini Gilbertson Davis LLP Goodmen Sabrina Saltmarsh RCM 1985-2019 Corporation On Wednesday, September 18, 2019 the condominium industry was Sue Santos Edison Engineers Inc. saddened by the news that Andre LeBlanc passed away suddenly at Stefan Nespoli the age of 34. Andre will be remembered as a strong advocate for Keeperr - Hotel-Style the condominium communities that he managed, as well as mentor Housekeeping Miller Thomson LLP and friend to many in the industry. John Isak Justin McLarty Andre began his career in condominiums as a young man in 2003 Nicol Sanchez Lash Condo Law with Progressive Property Management. He worked tirelessly to Wealth - Richardson Sarah Morrey be an expert on all things condo and was a supporter of both CCI GMP and ACMO. Those that worked with him knew him to be passion- John Sanchez Condominium ate and fierce in working in the best interests of his clients, and a Corporation Members: knowledgeable resource for those working with him. SQM Janitorial MSCC # 0650 Services Inc. TSCC # 2718 His enthusiasm and drive will be missed. Rest in Peace Andre. CV Kam Raj YRCECC # 1408

CONDOVOICE WINTER 2019 CV 53 member NEWS

New Valley of the Kings Condo Development CV Selfie The Summer Issue Travelled to Egypt With Armand Conant

Facebook - @CCIToronto CV Youtube - CCI Your Condo Connection Condovoice LinkedIn - Canadian Condominium Institute Toronto Chapter

Instagram - CCIToronto Visit Us twitter - @ccitoronto ON SOCIAL MEDIA itunes - CCI Toronto CV+

54 CV CONDOVOICE WINTER 2019 Lyndsey McNally Colm Brannigan condominium Timely ideas, insight, inspiration RCM C.Med., C. Arb. and information of particular Malvern Condominium Mediate.ca owners interest to condominium owners Property Management

Keep Calm and Carry On Managing Conflict at Every Stage Take a Deep Breath and Remember “Serenity Now”

In life, a certain amount of conflict is nat- to spot an escalating conflict. One neigh- It can be helpful to remind both parties ural and expected. We all have bad days, bour complains about smoking, while the that remaining calm and looking at the bad moods, and bad experiences which other considers noise from the complain- conflict in the best interest of the com- create an air of conflict. ant a problem. A resident begins to be- munity will help to achieve resolution. have badly after rule enforcement for a We’re reminded of an old Seinfeld epi- In a condominium environment, you can minor infraction. Staff members aren’t sode about anger management. Take a also expect that natural conflict will de- getting along. These are just a few ex- deep breath and remember “Serenity velop; especially in a City like Toronto amples of early stages of conflict that now”. where we have such rich diversity. The can mostly be addressed through early challenge we face is that social diversity – intervention. What about Shared Facilities? cultural, socio-economic, family, values, An article about conflict resolution in religion – also sometimes comes with Once you’ve recognized the conflict, take condominium corporations would not be conflicting beliefs and behaviours. a moment to reflect on the attitudes of complete without a note about shared fa- the conflicting parties. Can you see the cilities – perhaps one of the most famous Stack these different behaviours on top concern from both points of view? Can types of condominium dispute. of each other and expect everyone to get you stay calm and determine the best along. Not always the most successful. course of action? It can be very difficult to smooth out a While all condominium corporations shared facilities dispute once the fight- have governing documents that help The goal would be to ensure that both ing has already begun. Again, early in- guide us on how to behave, it is not al- parties have an opportunity to state their tervention is key in preventing larger ways possible to avoid conflict. perspectives early in the conflict so that a conflict. Consider the following: third party – often the property manager • Has your shared facilities committee Early Intervention – can try to help find a middle ground or ever sat and talked about plans for the

It is important to be able at an early stage way forward. future? SCHNEIDER JASON BY ILLUSTRATION

CONDOVOICE WINTER 2019 CV 55 • Do they have a mission statement or the results of their actions. It’s like the other agreed upon long-term vision/ wife giving her husband the silent treat- plan? ment – does he even really know why • Do their advisors help them or hinder she’s mad at him? If you don’t talk about them? If you have property managers, the conflict you can’t assume the other lawyers, etc. giving them different ad- party will even know if exists and you vice is it productive? Is it better to can’t take any steps to move forward and have the shared committee agree on resolve it. mutual advisors? • What self-help remedies exist in the Again, always remember that being shared facilities agreement, if any? respectful it most important. If you ap- Use these self-help remedies to guide proach the situation unreasonably you you in early conflict resolution. give the other party cause to believe that

What about warring Boards? Is the condo commando causing grief at a Board level? Do you have Sometimes, people two (or more) different demograph- ics represented with different inter- may be unaware of ests? How do you cope when it’s all shouting at the Board table? the results of their • Circle back to your governing actions. It’s like documents to determine what rules of order exist. Ensure that the wife giving her the meeting Chairperson is edu- cated and capable of ensuring the husband the silent meeting follows these rules. • Make sure you have open discus- treatment – does he sions about why it’s important to have differing opinions at the even really know why Board level. Simply put, a Board is made up of multiple individuals she’s mad at him? precisely because they will have different points of view. It is ok to disagree with each other along as it is you are unreasonable and their position done respectfully. is the correct one. Work together to find • Ensure that all Board members un- the middle way through. derstand the limits of their authority. That no one member can make deci- Escalation sions on their own. All action must While conflict can escalate at any time, be agreed upon by a quorum of the we should deal with it using the lowest Board. cost approach along a line that looks like this: Can the Board cause conflict with Owners and Residents? Prevention>Negotiation>Mediation> Absolutely! Board members have an ob- Arbitration>Litigation ligation to enforce the provisions of the Condominium Act, Declaration, By-laws The only time you should not consider and Rules. But they must do so reason- this stepped approach is where there is ably. It is not acceptable for Board mem- a dangerous or emergency situation in bers to act out on the Residents in other which case your property manager and ways because of infractions. Remember lawyer should be involved as soon as the this and be more successful in compli- problem arises. ance enforcement. Even moving along the “line”, at a cer- As Conflict Develops tain point, it will be obvious that you will Don’t be afraid to address it head on. need to move to the next “stage” of the Sometimes, people may be unaware of process. If prevention of conflict through

56 CV CONDOVOICE WINTER 2019 some of the ideas outlined in the earlier Arbitration is a much higher cost process part of this article have not worked, us- and there is little control over the out- ing a negotiation approach is the next come by the parties. Unlike in mediation, step. This can be informal negotiation the arbitrator has decision making pow- between individuals or more formal, such ers and it is an evidence and law-based as a board and unit owner meeting. process. There is a winner and a loser as in litigation in court. An understanding of the competing po- sitions can be achieved at this stage, but It is important to know what you want you may find that you cannot make more from arbitration or litigation before go- progress towards resolving them and ing there and especially what a “win” you may need to involve a third-party looks like from your perspective. Too of- mediator to help. The underlying conflict ten opportunities to resolve are missed has now become a dispute and your focus or ignored in the rush to win. then becomes on the appropriate process to used in resolving it. Conflict Prevention and Management is Worth Trying Mediation can be “formal” or “infor- Both authors of this article believe that mal”. An informal mediation is where we are all missing opportunities to pre- an agreed upon third party, and this vent and manage conflicts in condo- person could be your property manger, minium communities. We need to work sits down with everyone and helps them harder together to achieve this goal in- discuss the problem and develop options stead relying on outside formal dispute to resolve it. resolution approaches.

Sometimes that is all it takes, and a sat- Conflict is all around us. Many of us do isfactory outcome is achieved. If not, not like conflict, but conflict is neither then formal mediation is required under good nor bad. How we deal with it makes section 132 of the Condominium Act, the difference. 1998 for many types of disputes includ- ing most unit owners and condominium A few key points to take away: corporations/boards. Before deciding • Know your own personal reaction to on a more formal approach, you should conflict get advice form your property manager • Respond to conflict in a respectful and in many cases the corporation’s legal way advisor. • Remember conflict management does not mean avoidance Mediation is negotiation facilitated by a • Be willing to have difficult conversa- third-party mediator and is a lower cost tions approach to dispute resolution. In media- • Remember that good listening is tion, there is more control over outcome much more than being silent while by the parties and the mediator cannot the other person talks impose a solution. Mediation has high • Listening is different than problem success rate as most people prefer the solving opportunity to work towards a mutually • Use proactive approaches to conflict acceptable solution than having one im- management posed on them. • Use Informal conflict management • Use “Pull” not “Push” approaches to But sometimes despite all your efforts compliance with unit owners to prevent and manage, you will have to • Early intervention can lead to early move to a more rights-based approach resolution and involve a neutral decision maker (a • Know when to call in your profes- judge or arbitrator) in order to bring sional advisors about an end to the dispute. You cannot prevent or manage all dis- If the dispute was one that must be medi- putes and balance is not always possible ated, the it most likely must proceed to in every scenario but is an objective well arbitration if mediation did not settle it. worth working towards. CV

CONDOVOICE WINTER 2019 CV 57 Did Electricity Bills Go Up by 50% on November 1st? The short answer is “No There are several regulatory changes that did come into effect on November 1st though – the net impact is an in- crease of about 1.8% per year to condominium electricity expenses. This is consistent with the government’s an- nouncements to have electricity go up only by the cost of inflation until 2021.

CCI-T is pleased to share this longer answer on the No- vember 1st changes as provided to us by the Energy Man- ager at Crossbridge Condominium Services:

• In 2017, the Liberal government introduced the Fair Hydro Plan, which generated a 25% reduction to resi- dential electricity costs; • In March, 2019, the Conservative government intro- duced legislation to unwind the Fair Hydro Plan. Work began at that time with the ministry, making sure that condominiums were treated equitably – which hasn’t always been the case due to misunderstanding of the uniqueness of condominium electricity bills in the past. The following will be effective November 1, 2019 – none of it a surprise: 1. The rates that pay for electricity generation now reflect mar- ket rates – resulting in about a 50% increase in those rates; 2. Electricity generation makes up about half of the bill – there were no changes to the other half of the bill, which pays for delivery and maintenance of the provincial and local distribution systems; 3. The 8% HST rebate is eliminated; 4. A new rebate (Ontario Energy Rebate) will appear at the bottom of the electricity bill – a 31.8% rebate. 5. Condominiums will need to confirm their eligibility for the rebate to their utilities by February 2020. • A look at various bill examples (smaller bills, larger bills, summer and winter bills), confirms the net impact of the changes average the stated 1.8% per year increase to condominium electricity expenses. Increases will be specific to each building as they are dependent upon the amount of electricity used, the amount of electricity used at the different tier levels, and the maximum amount of electricity used at any one time during the billing period. There may be some larger increases for common elements that are billed directly by the local electricity distributors. These will receive the Ontario energy rebate at least until October 2020.

58 CV CONDOVOICE WINTER 2019 Stefan Nespoli Dan Romlewski condominium P.Eng., LEED AP B.Eng condominium Project Manager, Shareholder Associate owners Edison Engineers Edison Engineers

Your Windows Baby, It’s Cold Outside And My Windows Aren’t Helping!

Nothing will make you realize how poorly your windows are performing quite like a cold winter’s day. And while your windows won’t actually freeze, it can certainly look (and feel) like that sometimes! Sure, there may be a complicated combination of en- vironmental and technical performance factors at play when it comes to how your windows function, but at its core, the is- sues often are straightforward. However - when these issues reach a tipping point, your community may be forced to con- sider a major expenditure. turns into water when it contacts a cold RH, the more moisture in the air and the Let’s cover some common window per- surface. Since window glass and frames are greater likelihood that condensation will formance issues and discuss possible next typically the coldest surfaces in your home, form on the windows. As an owner or resi- steps when it becomes time to consider this is where condensation forms. If the dent, you should try to keep the RH at lev- major refurbishment or replacement! glass is cold enough, the water can freeze. els which will not cause excessive conden- While it is normal for some condensation sation - this may require some changes to I’ve Got to Go Away … And I’m to form on windows during cold weather, lifestyle. The following are a few ways to Worried About Condensation excessive moisture can damage the finishes minimize risk of condensation forming: Damaging My Window Sills surrounding the window frame. Further, Whether you’re just heading out to work an excessive amount of condensation can 1. Most mid and high-rise condomin- for the day, or you’re heading south for the result in mould growth, damage to the ium suites are designed to receive winter, having peace of mind that your exterior walls and windows or, for those their fresh air from the corridor and windows are not causing a host of issues living in large buildings, the condensation are exhausted out bathroom/kitchen while you’re out is important for any condo can even appear as a leak and cause dam- exhaust fans. Gaps around the suite owner. Aging windows can present a major age to suites below. When condensation entrance doors are provided to allow source of unwanted heat loss, discomfort, occurs, water should be mopped up as soon fresh air that is supplied to the corri- and, of course, damaging condensation. as possible to minimize the damage. dors to enter your suite. In the winter, this fresh air is dry and helps remove Condensation is the process where mois- Relative humidity (RH) is a measure of moisture from the air in the suite. In

ture (humidity) that is present in the air the moisture in the air. The higher the this case, suite entrance doors should ZAMIC RENE BY ILLUSTRATION

CONDOVOICE WINTER 2019 CV 59 NOT be weather-stripped. Bathroom window to function as intended and wall, and window systems. The pres- and kitchen exhaust fans should also reduce risk of condensation forming. sure differences are created by wind, me- be operated regularly. chanical systems, and, well, physics – and 2. Excessive numbers of plants contrib- Of course, these are just a few tips that result in a small stream of air disrupting ute significantly to moisture in the can help. Discuss oth- your afternoon. Air air. Avoid placing plants on window er options with your leaks are made much sills because they increase the humid- building envelope worse when win- ity immediately in front of windows. engineer. Remember Windows dow components like Also, avoid too many plants in the that on those cold are also one of weather stripping be- suite. winter days, your in- gin to deteriorate, or 3. Where possible, turn air grills to di- terior humidity levels the most viewed when window sashes/ rect warm air flow downwards and will need to be almost frames warp. across the window surfaces. This uncomfortably low components of helps to keep the windows warm and in order to prevent When warm interior to evaporate condensation that does condensation from your building air approaches the form (in the summer, reverse this flow forming. Condensa- window, it is cooled to point upwards to distribute cool air tion then becomes an and one of the (because glass is a throughout the room). issue to control and very poor insulator). 4. Blinds or curtains should not be in- manage, rather than most invasive to As the air cools, it stalled tight to windows or kept con- one to try to prevent repair/replace. falls, and warmer tinuously closed, and furniture should outright. interior air rises to not be placed tight to the windows. replace it. This air Having your curtains closed prevents Mind If I Move in Closer [to the circulation, or convective air flow, hap- air circulation over the window sur- Windows]? … Yes, Because then pening near windows can cause you feel faces making the window colder and You’ll Feel a Draft a cold stream of air, even if your window increasing condensation problems. Water and air leaks are often a strong system is 100% airtight. Coverings should be kept fully open indicator that windows are aging and during the day to allow condensation require replacement. So what makes a I Wish I Knew How … To Approach that formed at night to evaporate. window feel drafty? Well, air leaks (of- a Major Retrofit or Replacement 5. Condensation forming on the inner ten called drafts) can make a window feel Deciding to replace your Corporation’s surface of exterior sliding windows drafty, but convective air flow issues are windows can cause as much controversy is a normal occurrence. Drain holes also often accused of being air leaks. as a once-loved holiday tune. But just like are provided at the bottom of these the discomfort that can now come from windows to remove the water. An air leak is caused when air moves once easy-listening, once beautiful win- 6. For horizontal sliding windows, make through the building envelope due dows don’t always perform well as they sure both interior and exterior slid- to pressure differences, finding paths age. There are a number of triggers that ers are fully closed – this allows the through cracks or deficiencies in the will push Boards and owners to consider-

60 CV CONDOVOICE WINTER 2019 ing a major window retrofit or replace- renderings, pros/cons, and cost esti- jor projects with an open mind (backed ment, including air leakage (drafts), mates for repair vs. replacement strate- by solid engineering reports with op- water leaks, ongoing glass unit replace- gies. They can even provide scenarios for tions clearly laid out!) is an important ment, faded and deteriorated frames, and how each option would fit into the long- and necessary step in the process. occupant discomfort. term Reserve Fund Planning process. That way, you know that if you “just put Contact your engineer early on to review Increasingly, we’re also seeing high util- some caulking on it”, you may face higher options, plan financing, and help guide your ity costs, or a desire to improve curb risk of leaks during the time replacement Board and owners through the process. appeal or views as reasons Boards are has been deferred! pursuing major window projects. What Say Lend Me A Coat … So I Can makes window projects so sensitive, It’s also important to obtain a Designat- Reduce Incoming UV Radiation compared to, say, a required structural ed Substances Survey to identify poten- Or more specifically, lend me a “low-e”, or repair, is that there are often many own- tial asbestos or other harmful substances low-emissivity, coating. Modern window ers who are reluctant to support such that may be contained within interior systems are comprised of insulated glass a substantial expenditure when it can finishes or sealants. Proper abatement is units, thermally broken frames, and a wide sometimes be viewed as “non-essential”, essential for the safety of your owners availability of high-performance coatings. whereas the concept of structural col- and for workers, and, most importantly, During the Preliminary Design phase, lapse is often easier to grasp. Windows adds cost to the project that must be your engineer can help you review tech- are also one of the most viewed compo- planned for. nical performance factors that impact nents of your building and one of the window function and energy efficiency. most invasive to repair/replace. Once a repair or replacement option and Consider upgrades like low-e coatings, funding plan are selected, it’s wise to insulated glazing unit gas fill, high per- “Can’t we just put some caulking complete a mock-up (carry out the scope formance spacers, etc. to improve your on it?” of work at a sample unit) prior to solicit- bang-for-buck on major projects. These Sometimes the answer is yes – but your ing pricing for the full project. A mock- glazing and coating options serve the first step should always be to evaluate up will help identify concealed condi- dual objective of reducing energy con- your options as a community before em- tions that impact price and will provide sumption and improving resident com- barking on a repair or replacement path. the Board and owners an opportunity to fort. Project planning begins by engaging review the new windows in action. Hav- your engineer to conduct a Condition ing something tangible in place at one of So Nice and Warm … Maintain Assessment or Preliminary Design, a your suites can also help to ease concerns Your Upgraded Windows process that includes a site visit to re- about perceived value for investment. Control condensation to protect finishes, view window component condition, in- review and re-tune mechanical systems, suite conditions and configurations, and Most importantly, involve your owners and plan for maintenance to get the most discussions with your Board about ob- throughout the process, and listen to life out of your new windows. jectives and financial constraints. Your their feedback. Every condominium com- engineer can provide you with options, munity is different and approaching ma- Look out the window at this dawn! CV

CONDOVOICE WINTER 2019 CV 61 62 CV CONDOVOICE WINTER 2019 Advertiser’s List

COMPANY PAGE COMPANY PAGE 360 Community Management Ltd. 15 Horlick Levitt Di Lella LLP 8 ACMO 40 ICC Property Management Ltd. 30 Atrens-Counsel Insurance Brokers 12 Indoor Air Maintenance & Service 24 Atrens Management Group Inc. 57 JCO & Associates 42 Berkley Property Management Inc. 63 LAR Design Build Inc. 36 Brock Property Management Inc. 29 LEaC Sheild Ltd. 51 Brown & Beattie Ltd. 62 Lionheart Property Management Inc. 61 CapitaLink Property Management Inc. 32 Maple Ridge Community Management Inc. 52 Cion Coulter Engineers & Building Services 56 McIntosh Perry 35 Condo Concierge Ltd. 2 Nadlan-Harris Property Management Inc. 34 Common Ground Condo Law 10 Omega Superior Maintenance Inc. 50 Criterium-Jansen Engineers 14 Read Jones Christophersen Ltd. 52 Crossbridge Condominium Services 16 Shibley Righton LLP 4 Deacon, Spears, Fedson, Montizambert 16 Suncorp Valuations Ltd. 40 Dryerfighters Inc. 63 Summa Property Management 38 Duka Property Management 18 Synergy Partners 42 Eagle Audit Advantage Inc. 58 Tator, Rose & Leong 28 Elia Associates Outside Back Cover Trinity Engineering 32 FirstService Residential Inside Front Cover WaterMatrix 28 Gardiner Miller Arnold LLP Inside Back Cover Whiterose Janitorial Services Ltd. 6 Green Leaf Landscaping 42 Wilson, Blanchard Management Inc. 60 GPM Property Management 62

CONDOVOICE WINTER 2019 CV 63 Brian Horlick Partner, Horlick Levitt Di Lella LLP

The Last Word

older corporations that have consistently paid for high quality management tend to Fair Pay for a Fair age much more gracefully. Since a home represents the largest asset that most owners will ever acquire, the need to pro- Day’s Work tect its value through the stewardship of a capable condominium manager should Licensed Condominium Managers Are Not Being Adequately be readily apparent. Compensated, Resulting in an Industry-Wide Labour Shortage To address this problem, the industry should avail itself of the following solutions: • The board must educate its owners Condominium managers shoulder sig- to the majority of condominium managers. about the value of proper condominium nificant and wide-ranging responsibili- One might think that the limited supply of management, and help its owners to ties in their daily work. Condominium and high demand for condominium manag- understand that proper condominium boards rely on condominium managers to ers would be reflected in an attractive sal- management will benefit the owners’ control, manage and administer the cor- ary package. Unfortunately, the opposite investment in the long term. poration’s common elements and assets. is true. According to Payscale, a website • The board must resist the inevitable Condominium residents entrust their con- that compiles aggregate salary data, the political pressure to reduce the amount dominium manager to protect the value of average annual salary for condominium paid to the condominium manager in or- their homes. Managers with a knowledge managers in Toronto is $61,318. That is der to avoid or reduce common expense of finance, mechanical skills and interper- less than the average annual salary for all increases. sonal skills, among other competencies, jobs in Toronto, which is $62,000. • The provincial government should in- are highly sought out. centivize prospective entrants into the In this author’s view, a significant cause condominium management field by In today’s high growth condominium of this issue is the approach and mental- providing funding to cover the costs of market, the need for qualified and capable ity adopted by condominium boards of di- condominium management-related col- condominium managers has never been rectors, in response to political pressure lege courses. more acute. There are currently 1.6 mil- from their unit owners. Directors may • In order to generate a greater volume of lion people who live and invest, or purely feel pressured to treat their condominium condominium managers, the provincial invest, in over 800,000 condominium manager’s fee like any other line item in government and/or an industry over- units across Ontario. Of the new homes the corporation’s budget, and strive to sight body should make greater efforts built in the province from 2018 to 2019, keep the manager’s fees to a minimum by to promote condominium management approximately 50% were estimated to be either not paying for enough hours or days as a viable and respectable profession. condominiums. Despite this, there are now per week, or not paying for someone who This should include efforts to teach just over 3,300 condominium managers has sufficient experience and expertise. those members of the public who reside actively licensed under the Condominium in condominiums the value that sound Management Regulatory Authority of This approach may save a condominium condominium management can bring to Ontario (CMRAO), while there are over corporation a few dollars in the short their living environment. 11,500 condominium corporations in On- term. However, in our experience, corpo- tario. This less than 1:3 ratio is unhealthy rations that employ this approach suffer My hope is that the above solutions will for the industry. in the long term, as years of accrued poor lead to a favourable change in the industry management or under-management can for the mutual benefit of all condominium One symptom of this problem is the un- have a catastrophic effect on the overall managers, condominium corporations and reasonably low level of remuneration paid health of a corporation. By contrast, those unit owners. CV

64 CV CONDOVOICE WINTER 2019 CONDOVOICE WINTER 2019 CV 65 66 CV CONDOVOICE WINTER 2019