www.ccitoronto.org VOL. 13, NO. 3 • SPRING 2009

PUBLICATION OF THE CANADIAN CONDOMINIUM INSTITUTE - TORONTO & AREA CHAPTER PUBLICATION DE L’INSTITUT CANADIEN DES CONDOMINIUMS - CHAPITRE DE TORONTO ET RÉGION

Be the Best Board!

Plus: I C-45 Update I Good Relationships Build Better Values I Recent Changes to Toronto Munipal Code I Condominium and Municipal Taxation I Human Rights Complaints I Pursuing Our Vision - Condo of the Year I Condominium Accounting & Audit Guidelines I Choosing a Property Management Company I Toronto Waste Management Updates

I Barbecues and Balconies: Reducing the Risk … and more PM #40047055

Contents Canadian Condominium Institute / Institut canadien Features des condominiums Toronto & Area Chapter Good Relationships Build Better Values 2175 Sheppard Ave. E., Suite 310, Toronto, ON 9 by Michael E. Le Page M2J 1W8 Tel.: (416) 491-6216 Fax: (416) 491-1670 E-mail: [email protected] Condominiums and Municipal Taxation Website: www.ccitoronto.org 14 by Ernie Nityrai 2008/2009 Board of Directors Be the Best Board! PRESIDENT 17 by Peter Greco Armand Conant, B.Eng., LL.B., D.E.S.S. (Co-Chair, Legislative Committee, Member, Conference Committee) Choosing a Property Management Company Heenan Blaikie LLP 21 by Vicki Vancas VICE -P RESIDENTS Mario Deo, LL.B. (Chair, Public Relations Committee Hung Out To Dry: New Regulation on the Installation and Use Member, Conference Committee) 33 Fine & Deo LLP Clotheslines in Ontario Bill Thompson, BA, RCM, ACCI by Brian Horlick (Vice -Chair Membership Committee and Vice-Chair Education Committee) Malvern Condominium Property Management C-45 Update SECRETARY /T REASURER 37 by Jeff Jeffcoatt Bob Girard, B.Comm, RCM, ACCI (Chair: Special Projects Committee, CAI Liaison) AA Property Management & Associates Barbecues and Balconies: Reducing the Risk PAST PRESIDENT 39 by John Moher John Warren, C.A. (Member, Education Committee Member, Legislative Committee) The Human Rights Complaints Trifecta: Family Status, Pets & Adams & Miles LLP 41 Disability! BOARD MEMBERS by Rhonda Shirreff and Kevin Inwood Gordon Chong, DDS (Member, Legislative Committee) MTCC # 0620 Recent Changes to Toronto Municipal Code Gina Cody, P.Eng., M.Eng., Ph.D., ACCI, FCCI 43 (Chair, Education Committee, by Diana Carr, Sally Thompson and Cathy Lee CCI-National Liaison) Construction Control Inc. Brian Horlick, B.Comm., B.C.L., LL.B., ACCI Certainty Prevails Over Fairness when Applying Limitations Law (Chair, Legislative Committee, 49 by Christopher Jaglowitz Member, Conference Committee) Horlick Levitt Barristers & Solicitors Lisa Kay Condominium Accounting and Audit Guidelines (Member, Public Relations Committee, 51 by John Warren Conference Committee, Website Committee) Maxium Condo Finance Group Julian McNabb Toronto Waste Management Updates (Member, Public Relations Committee and 55 Membership Committee) by Doug King TSCC #1850 Vic Persaud, BA (Chair, Membership Committee, CCI News Chair Website Committee) Suncorp Valuations Ltd. President’s Message Sally Thompson, P.Eng. 4 (Member, Education Committee Member, Legislative Committee) 5 From the Editor Halsall Associates Ltd. 27 Condo of the Year EX OFFICIO DIRECTOR Jasmine Martirossian, B.A., M.A., PhD. 59 Members Corner ADMINISTRATOR - Lynn Morrovat ADMINISTRATIVE ASSISTANT - Josee Lefebvre 62 Upcoming Events 63 New Members

Spring 2009 the condo voice 3 President’s Message

s many successful organizations often do, CCI Toronto recently held a Strategic Planning Session during which we examined our roots, reflected on past efforts and Aset future goals. It was an interesting exercise and I would like to thank the dedicat - ed and talented group of individuals who currently sit on the Toronto Chapter Board for their input and participation. Just as importantly, I would like to also thank our predecessors who served on the Chapter Board over the past twenty years, for without their wisdom and efforts, the Chapter would not be the success it is today.

Our collective look at the Mission Statement of CCI served to confirm that our mandate always has been and still does focus primarily on the areas of education and government rela - tions – ultimately leading to the betterment of the industry as a whole. In short, we see our role as primarily improving or enhancing the collective interests of unit owners, condomini - um corporations, boards of directors, professionals, suppliers and trades.

We also looked at the specific mandates and functions of each of the various Committees and tried to set both short and long term goals for each Committee. Some of the goals set forth during those discussions are to continue to expand and improve the courses offered to mem - bers, and also to look at different ways of presenting the courses through advanced forms of technology. We also see a need to continue to spread the word about the benefits of CCI to both new and existing condominiums and to this end, our membership Committee will con - tinue efforts in this direction through several different avenues.

And speaking of membership…. I am thrilled to announce that CCI reached a milestone just as we were set to go to print with this issue of the CondoVoice. CCI Toronto Chapter now has a membership of 1000 members. (Of course, the vast majority of our members are con - dominium corporations so the actual number of members represented through the 1000 mem - berships is well over 110,000 units). Congratulations to all current and past members of our Membership Committee who helped us reach this incredible milestone!

Our members are what make the Institute what it is – we value your support and look for - ward to your comments and suggestions. If you have not yet completed our online member survey, please take the time to do so today by visiting the ‘Members Only’ page at www.ccitoronto.org.

Cheers!

Armand Conant, B. Eng, LL.B. D.E.S.S. (Sorbonne) President, CCI Toronto and Area Chapter

4 the condo voice Spring 2009 From the Editor

Condominium Classification is not an “TheCondoVoice” is published 4 Option – It’s a Necessity times per year – Spring, Summer, Fall and Winter, by the Canadian The editorial in our last issue underlined the unacceptable Condominium Institute - Toronto situation of a condominium suffering a slow death by a & Area Chapter. thousand blows, which goes unnoticed from year-to-year, EDITOR : Mario Deo until it is too late . This problem, which is becoming far MAGAZINE DIRECTORS : more predominant, is unacceptable. It encourages the Lisa Kay and Julian McNabb creation of slum-like communities at worst, and serious injustice to owners at best. All unit owners have a right to expect that their condo - ADVERTISING : Marie McNamee minium will be maintained at the same standard as it was built. Why is a notice to COPY EDITOR : Ruth Max owners required when a board spends a miniscule 1% to 9.9% of the budget, yet COMPOSITION : E-Graphics there are no protections in place for owners when a building catastrophically declines in value over time through bad governance? All advertising enquiries should be directed to Marie McNamee at A New Concept (905) 852-2802 or [email protected]

If you are interested in writing articles for A new concept is in the works, which will involve developing a classification sys - TheCondoVoice magazine, please contact tem for condominiums. Marie McNamee at (905) 852-2802 or at [email protected]. Article topics must Classification systems and standards for properties are not new. There are classifi - be on issues of interest to Condominium Directors and must be informative rather cation standards for commercial properties, which have proven to be effective for than commercial in nature. determining value for many years. There are also classification standards for hotels, ranging from one star to five stars, depending on a list of criteria developed by con - The author, the Canadian Condominium vention and consumer expectations. Institute and its representatives will not be held liable in any respect whatsoever for any statement or advice contained herein. For condominiums, the classification system will be based on three categories or Articles should not be relied upon as a criteria: professional opinion or as an authoritative 1. The physical state of the common elements; or comprehensive answer in any case. Professional advice should be obtained after 2. The financial health of the condominium corporation; and, discussing all particulars applicable in the 3. The quality of the building and the common elements. specific circumstances in order to obtain an opinion or report capable of absolving Each of the criteria will be developed using an independent industry standard. condominium directors from liability [ under s. 37 (3) (b) of the Condominium Act, 1998 ]. Auditors will judge and determine the financial criteria and engineers or architects Authors’ views expressed in any article are will judge and determine the physical state and quality of buildings. not necessarily those of the Canadian Condominium Institute. All contributors are Developers Need to Kick-start the Classification Standard! deemed to have consented to publication of any information provided by them, including When a condominium is being developed, a developer also creates an image or a business or personal contact information. vision of a certain type or class of condominium living, which is marketed to poten - Consider supporting the advertisers tial purchasers. The developers need to translate that image or vision into a standard and service providers referred to in that is made part of a condominium’s documents so that the standard for the devel - this magazine, recognizing that they have been supporters of CCI. opment remains constant over time. Once the criteria are established, translating a Advertisements are paid advertising and do developer’s vision into a standard is simple - perhaps just as simple as choosing a not imply endorsement of or any liability meal from a Chinese menu. whatsoever on the part of CCI with respect to any product, service or statement. It is in a developer’s interest to create a standard. Why? Well:

Publications Mail Agreement #40047055 - 1. A developer may ensure that any unsold units will remain marketable, since the Return undeliverable Canadian addresses to Circulation Dept. 2175 Sheppard Ave. E., board of directors will have a positive obligation to maintain the building at the Suite 310, Toronto, ON M2J 1W8 standard established by the developer;

Continued …

Spring 2009 the condo voice 5 From the Editor Continued from page 4

2. The classification standard and its most frustrating and difficult things dard has declined, then the board enforcement will ensure that the about condominium governance is of directors will have a period of building does not decline in any of holding boards of directors accountable time (perhaps six to twelve the three categories or criteria for good governance practices and months) to correct the financial or (financial health, physical mainte - proper financial and physical building physical conditions of the building nance, and physical quality). This maintenance. and obtain a further report con - is of the utmost importance for a firming that the classification stan - developer’s branding and reputa - We are all tired of hearing that there is dard for the building has been tion over the long term. no one “policing” condominiums and attained. boards of directors. While it is impor - 3. Condominium classification can tant to develop a classification system, If the board of directors does not be used as a marketing tool, par - it is equally important to ensure that obtain a further report, or if the ticularly for the larger developers. enforcing that system is clear, easy and board obtains a report indicating Purchasers are becoming increas - effective, without the need to resort to that the classification standard has ingly more informed of which con - litigation. not been attained, then an adminis - dominiums to invest in, and the trator will be appointed to step into condominium market itself has In order achieve an effective and effi - the shoes of the board of directors created certain expectations for cient process for accountability and to manage the condominium. purchasers. I have never met a sin - enforcement: gle purchaser of a new condomini - It is really a shame that the industry has um that does not want the standard 1. It will be imperative that develop - to take care of this on its own when of that property to be strictly main - ers establish the classification stan - some simple legislation will do the trick tained. dard and impose a duty on the – I hope someone in government will board of directors to maintain that take notice. The first developers to embrace this standard in a condominium’s dec - concept will be the leaders in the field laration; Anyone that is interested in providing and indeed on the market. 2. The declaration must impose a their comments or suggestions on the duty on directors to produce, at idea of establishing a classification Why Will Condominiums Want to standard for condominiums, please Have a Classification Standard? each annual general meeting, an independent report prepared by an send your comments in writing to the Editor at ccitoronto@taylorenterprises Most condominiums will want to have engineer and a chartered account - .com . All communications will be the classification, because it will create ant assessing the physical and acknowledged. an expectation among all owners and financial health of the building, potential buyers in the resale market and confirming whether the clas - that a board of directors will not let the sification standard for the building condominium’s standard decline. This has increased, declined or is extremely important to most (if not remained the same. all) owners and potential buyers, If the report indicates that the stan - Mario Deo, LL.B. regardless of whether they are buying a condominium as a place to reside over the long term, or as an investment prop - erty. In fact, owners will likely drive existing condominiums to establish and maintain a classification standard, since buyers and realtors will ultimately demand it. Accountability and Enforcement

Accountability and enforcement are essential in order to make a classifica - tion standard system work. Everyone in the industry knows that one of the

6 the condo voice Spring 2009

8 the condo voice Spring 2009 Good Relationships Build Better

Values BY MICHAEL E. L E PAGE , RCM

The following article was originally a speech at the 2008 ACMO/CCI Conference in a session entitled “Building Better Values by Acting Wisely”.

he value of a community can be ingredient is communication – open, ly and it needs to go beyond your com - measured in many ways and the forthright, informative communication. munity to the local realtors and gener - actions (or inactions) of the Boards of Directors are challenged by al neighbourhood. It is not a secret. TBoard of Directors can greatly influence establishing priorities at every turn. Share it, make it known. the value of the corporation. Fiscal They are assisted by a team of profes - responsibility is paramount to good sionals and a Reserve Fund Study that As mentioned earlier, the Board has a directorship and this responsibility charts a course for major items provid - team of experts available to them—the extends exponentially beyond the budg - ing a thirty year forecast. Accountant, the Lawyer, the Engineer et, even beyond the reserve fund and is —as well as an army of trades that serv - reflected in the values of each and every Back to communication. Communica- ice the site and the Property Manager – residence in your community. To be tion is key. If the grounds of your corpo - all standing at the ready. It is important clear, the decisions of the Board can ration are less than the established stan - to call upon these professionals on an often impact values and it is important dard (let’s say the frost has caused the ongoing basis and as situations may that the impact is positive. In order for tennis court to be unlevel and surround - dictate. the Board to make decisions in good ing fence to be askew) this will nega - faith and to act “reasonably and prudent - tively impact values. However, the In many respects the depth of knowl - ly” as required under the Act and to pro - impact is lessoned or even eliminated if edge and expertise of the Property tect themselves from liability should this repair was scheduled for the follow - Manager or more so the depth of things go wrong, the Board needs to ing year and you were to advise every - resources of the management firm can develop good relationships with various one that next year you are replacing the often determine when consultants are professionals and they need to commu - membrane on the garage roof slab and called upon. But be forewarned, there nicate key decisions with the residents. upon completion the tennis court will are Property Managers with big ambi - not only be repaired, it will be replaced tions and a can-do attitude without the entirely, including the fence. experience or expertise necessary. So how do we do this? How do we Although these Property Managers are achieve this objective? That communication and those of a willing to step up to the plate, and even similar nature need to come early, it though they are exposed to the industry Believe it or not the most important needs to be repeated loudly and regular - and have much more insight than the

Spring 2009 the condo voice 9 average director, there are definitely precedents and court interpretations. times when you should reach beyond This expertise can come at a premium. their particular expertise and turn to the industry specialist. Recognize that a solicitor who does not specialize in this area may cost less and It is important when aligning yourself have a lower hourly rate. However they with any industry professional, the will need to spend additional time in choice of professional is based upon the getting up to speed and you are some - level of expertise they, or their firms what vulnerable to their advice. As bring to the table. Now to be clear I am well, if you ask a lawyer for their two not advocating biggest is best by any cents worth, in some cases it arrives means. Nor am I saying that price nec - with a $400 price tag. essarily determines quality although in fairness in a competitive marketplace Now I have to be careful because I hear there should be some parity in pricing. lawyers can be litigious, and although a lawyer may offer his or her best advice, The professional must have an alle - if he or she is not a condominium spe - giance to the condominium corporation cialist that advice may not be the “right as a whole and not to any one individ - advice” – and you as the client may ual through an extended relationship, venture a long way down the wrong connection or any degree of nepotism. road before that is apparent. The relationship must be free of any potential conflicts of interest and this So yes, initially you saved money on includes the professional’s relationship the hourly rate but you may have lost in with your manager. almost all other respects. You need a lawyer who is well acquainted with the The Auditor/Accountant Act, and you need to call upon that lawyer to clarify any ambiguity in your Your auditor is usually appointed each documents and provide an opinion – an year by the owners at the AGM and opinion that can guide you with consis - continuity in this area is in accounting tency and confidence. Corporations terms, an asset. Your auditor has an registered prior to May 4, 2001 should established role in auditing the account - have their documents reviewed and ing records of the corporation and updated as needed to ensure compli - reporting to the owners, but you can ance with the Act. expand this role. Your auditor can bring additional value when included in A good condominium lawyer, or law Reserve Fund study review, when firm, is one that has an area of expert - included in investment planning and ise in Condominiums, and has a predis - laddering the investments so that funds position to keep you out of court battles are available without penalty for antic - and not draw you into one when it is ipated expenditures. Your auditor avoidable. Your dollars are always bet - brings a level of financial planning and ter spent on resolution rather than con - management expertise, call upon on it, flict. However, with that said you must take advantage of it or again in auditing at all times be protective of your corpo - terms, capitalize . ration’s interests. The Lawyers The Engineers

The Condominium Act is intricate. It is When selecting an Engineer it is bene - important that we all understand and ficial to look at the depth of the organ - respect that. It is evolving to become ization, their familiarity and experience more and more sophisticated and with your construction design and the demanding a level of expertise and inherent challenges that will evolve as familiarity. A good condominium lawyer a result. is not only up to speed with the Act but is also aware of the many established Chances are the first encounter with

10 the condo voice Spring 2009 your engineering firm will be in their longevity of these associations can in all respects. Your trades are an army appointment to complete your perform - prove to be very beneficial. of supporters that not only provide a ance audit or reserve fund study. Quite service but in so doing protect your frankly this is not a time when price The engineer becomes intimately famil - building’s value and in many ways pol - should be the main determining factor. iar with the development and this asso - ish the apple. Their efforts have the These two tasks are far too important ciation can outlast that of Board largest visual impact of all. Your land - and have far too long lasting an impact Members and even management. Align scape contractor and cleaners have to eliminate a firm simply because they yourself accordingly. huge impacts with respect to the desir - were expensive or select another ability of your community. because they were less expensive. An engineer should be called upon Engineers will tell you a properly com - without hesitation when addressing After their selection (which hopefully pleted Reserve Fund Study is not prof - physical projects and remedial repairs was routed through a proper tender itable for their company but rather it is of any magnitude. It is important that process with detailed RFP’s) if you are an introductory opportunity for them to your money is spent wisely, that the satisfied with the services rendered, it is show the Board the depth of their repair is optimized and that the life of not necessary to re-tender every year. expertise and they remain hopeful to be the repair is not compromised. The Rather, if the requested increase was called upon to address any and all engineer is a key player in a team that negotiated at appointment, is in-line future engineering needs. works for you and their efforts usually with CPI or adjusted fairly to reflect a have a very long lasting impact. change in scope, tendering these serv - The Property Manager and Board need ice contracts on a three year basis is not to do their homework here and make The Trades only a good way of ensuring that you sure you are comparing apples to are paying market rates (note that was apples. The scope of the work being Trade selection is very important and market rates and not necessarily the offered, the depth of the organization, what should drive trade selection are all lowest rates) it also is a way in which their experience and appreciation of of the same factors mentioned previ - the trade can commit the resources and you as a client all need to be carefully ously – expertise, ability and value in investment necessary to achieve the weighed in making this selection. service rendered for fees charged. Your desired objective over a longer period. trades also have a much more intimate This relationship is ongoing. Every relationship with your condominium In being on a Board of Directors you three years your Reserve Fund Study and what we want them to be first and are assembling a team – a team that’s must be updated and as your corpora - foremost is conscientious. primary goal is to protect the value of tion ages you will inevitably call upon your community. And we all know that the engineers to supervise and oversee The trades go to the edge of the proper - when building a team one secret to suc - numerous projects. Although there is ty and beyond, into the corners and cess is to surround yourself with the no requirement to use the same firm for crevices on a frequent basis, and we best “players” possible that fit with all tasks, as stated previously, the want them to report and be forthcoming your corporation. The fit factor is that

Spring 2009 the condo voice 11 intangible tangible that is always very Board, Management, the Accountant, community is well run”. much a factor. Although there is a Lawyer, Engineer and trades – it is salary cap otherwise known as budget actually much larger. You will recall in Select the players on your team wisely restraints, overall we want to be solid my early remarks we spoke of commu - and this reputation will evolve over and avoid being weak in any one area. nication. Positive community centered time as a matter of course. communication is necessary to solicit This particular team is coached by a the support of the residents and have Once it arrives, the market shrinks, the property manager, however the GM is them shoulder some of this responsibil - competition is either eliminated or the Board of Directors. Both the Coach ity as well. Community pride and all reduced, and your community becomes and GM understand and appreciate the benefits that brings is contagious. the destination of choice. It is then what each player brings to their team probable that the demand for available and they want to try to maximize on The Board of Directors and Manage- units will outweigh the supply. those benefits, all the while remaining ment must share the vision of building cognizant of the financial limitations. the best team they can to protect and The decision to purchase at your com - preserve the value of the community. munity will appeal to the emotions of Longevity is a key ingredient to the the purchaser in that they know this is success of the team. The seasoned vet - As you are aware, the reputation of a a safe place to put their money and they erans can bring more to the table than community or anything or anyone often vote with their purchasing dollars for the rookies, they have the benefit of precedes your personal interaction with your community. The cycle actually first hand experience but the rookies it. Therefore, if your development is to continues almost in perpetuity as you bring new insight and are oftentimes have but one reputation above that it is attract buyers that become residents more open-minded so a balanced mix is well maintained or the monthly fees are who appreciate this reputation and who I important and beneficial. reasonable, the one reputation you wish to cherish and protect it. should want it to have above all others This team parallel is easy to compre - (and that encompasses everything that hend, but the team is not limited to the ever really needs to be said) is “That

12 the condo voice Spring 2009 Spring 2009 the condo voice 13 Condominiums and Municipal Taxation

BY ERNIE NITYRAI YRCC 636

ondominiums, even though they have been around for quite some Ctime in Ontario, have only mod - estly grown in the past and mostly only in urban areas. However, all that start - ed to change in the late 1980’s when growth in condominium development began to expand. This growth increase almost seemed to double each year. In fact, in many urban areas, especially in the Greater Toronto Area, they have almost come to supplant single-family residences as the preferred form of res - idential accommodation. MacLeans magazine, in its December 31, 2007 issue, featuring real estate in Canada, postulated that half the people in urban Canada will be living in condos by 2025.

This growth has led many urban munic - ipalities to allocate an ever-increasing - ly larger proportion of residential build - ing permits to condominium develop - ment. Since condominium develop - ments, specifically high-rise condo - miniums, utilize less land area, they have also become an excellent planning tool for the municipality, enabling them

14 the condo voice Spring 2009 to accommodate more people in a strongly about this issue, that they felt smaller land area. something had to be done and were ready to take action. They also felt that Although this growth in condominium their action had to be shared with other developments has increased almost condominium Boards of Directors in exponentially in recent times, one Ontario. aspect of condominium life has not changed, namely assessment on condos We undertook the following four-part for the purpose of property taxes. plan:

EACH CONDOMINIUM UNIT IS 1) We submitted a letter to our local STILL ASSESSED AS A SINGLE- municipality (the Town of FAMILY RESIDENTIAL UNIT FOR Markham) asking Council to pass a THE PURPOSES OF THE motion requesting the Province of MUNICIPAL TAX BILL Ontario to amend the Assessment Act of Ontario to create a specific This is the case because the Assessment category of assessment for condo - Act of Ontario (the legislation which miniums. Once this motion was specifically covers the way properties passed, we asked them to send their are assessed in Ontario for municipal motion to the Association of and school taxation purposes) does not Municipalities of Ontario (the identify condominiums as a specific cat - municipal lobby group) requesting egory of assessment. Thus a condomini - them in turn to support this motion um-specific tax rate cannot be created and so notify the Government of by the local municipality, since the Ontario of this legislative require - municipality can only do those things ment. granted to it by provincial legislation. Since the Assessment Act of Ontario 2) We sent a letter to our local MPP does not permit a distinct category of requesting him to support our action assessment for condominiums, the to amend the Assessment Act of municipality does not have the authori - Ontario and to so petition the ty to create a specific tax rate for condo - Minister of Finance (whose Ministry miniums, even if they wished to do so. is responsible for the Act.) to make this amendment. Thus the Assessment Act of Ontario must be amended to permit a category 3) We met with the principals of our for assessment on condominiums there - property management company, and fore permitting the municipality if they asked them to place this issue before chose to do so, to create a condomini - the Boards of Directors for each um-specific tax rate. condominium that they manage.

However, we must be aware that 4) We sent copies of all the correspon - although the municipality would have dence we had taken to the Toronto the ability to establish a condominium- Chapter of the Canadian Condo- specific tax rate with this amendment, minium Institute and asked them to they would probably not be mandated use their offices to lobby the Gov- to do so by this change. ernment of Ontario accordingly.

Our condominium Board of Directors Although our condo corporation recognized this deficiency in legisla - initiated this action, we feel that tion some time ago. They felt, that if success can only be achieved if the this change is ever to occur, it will not many other condo corporations in happen on its own. The Ontario-wide Ontario undertook to do something condominium community must ask for similar, if not the same thing that we it, in fact must lobby for it. did. Only with our collective many voices, representing this sizeable voter Our Condo Board of Directors felt so bloc in Ontario, can we hope to be

Spring 2009 the condo voice 15 successful in our endeavors. we received a letter from the ers around the explosive growth of Minister, the Hon. Dwight Duncan, condominiums in Markham. We What has happened since we began this acknowledging receipt of our letter. requested recognition and appoint - initiative in February 2008? Although he did not unilaterally ment to this committee. On June 24, accept our petition, he did not out - 2008, the Council of the Town of 1) We met with our MPP, Michael right reject it either. Markham appointed a representative Chan, and presented him with a let - from our condo corporation to this ter requesting his support for our 2) The Town of Markham, after receiv - committee. We are now at the table. action. He wrote a letter to Dwight ing our letter, referred it to their ad- Duncan, Minister of Finance, on our hoc Condominium Working Group, 3) The Canadian Condominium behalf and asked the Minister to made up of Councilors and munici - Institute – Toronto Chapter in con - respond to our petition. Recently, pal staff to discuss this issue and oth - junction with the Association of Condominium Managers of Ontario (ACMO) has retained the services of a Government Relations firm to champion these and other issues before the Government of Ontario.

4) Our property management compa - ny has agreed to submit this sugges - tion through their effort to the boards of directors of other corporations that they manage.

Success in this endeavour cannot be accomplished overnight. Nor did we expect that it would. However, we are in this effort for the long haul. At this moment, we believe that we are only one of a very few condominium corpo - rations to undertake this initiative. But to be successful, we believe that all condo corporations in Ontario need to undertake an effort similar to ours.

Finally, remember that condo living is now a way of life for an ever-increasing number of people in Ontario. We have now become a very sizable voting bloc among the electorate of Ontario and because of this we should start using this influence.

Therefore;

The Board of Directors of our condo - minium urges all the other condomini - um Board of Directors in Ontario to lobby their municipal council and MPP for this change. Together we can be successful.

Ernest (Ernie) Nyitrai Member, Board of Directors, YRCC 636 25 Austin Drive, Markham, ON L3R 8H4 (905) 477-1511 I [email protected]

16 the condo voice Spring 2009 Be the Best Board!

BY PETER GRECO , BA, CPM, RCM

To be the “best Board”, the Board building of what is going to happen. meetings that accomplish nothing other should work as a team. Although This only creates a lot of “hearsay” and than frustration, side conversations and Board members will hold titles while misinterpretation of information. no decisions. It is my opinion that there on the Board (ie. President, Vice are few occasions where a Board meet - President, etc.), I view these as titles to It can also make the manager’s job ing should extend beyond two hours. If satisfy by-laws and corporate record. more difficult because they now have to meetings are held regularly, (monthly, put out fires that have been created. I bi-monthly, etc.) and the Board receives There is no ‘I’ in “Team”: Board mem - have experienced where a Board made the necessary information to review bers should not let titles go to their a decision to terminate a superintendent before the next meeting, then meetings heads, after all the pay is not great. The and before I could do my job regarding should be completed in a reasonable decisions made at Board meetings the decision, the superintendent called time frame. should be supported by all Board mem - me to say that she heard she was being bers, even if you were opposed to a fired. This accomplished nothing but a Consider the nature and magnitude of motion that passed. The Board must be lot of bad blood and a terrible transi - the topic being discussed and the deci - seen by the owners as a team working in tion. Remember the majority rules at a sion to be made. For example I have unison, not working divided. Business meeting. If you do not attend a meet - seen Boards spend thirty minutes dis - addressed at a Board meeting should ing, you are still bound by the decisions cussing if they should put a bird feeder stay with the minutes of the meeting. made. Therefore you should attend as out on the common grounds and how Board members should not comment many meetings as possible. Absence much to spend on the feeder. That same after a meeting to owners that they did and ignorance does not excuse one Board then turns around and makes a not agree to a decision or that it was “so from liability. quick motion to approve a $400,000.00 and so” on the Board that wanted to pro - contract to do some parking garage ceed against a unit owner for a rule vio - Board members work as a team restoration work. lation. Too many times I have seen for the good of all owners, not to where decisions have been made at a satisfy personal agendas. Some tips on being organized are: Board meeting and before the property manager can take action on the decision An organized Board will have efficient • Agendas should be followed at a made, the word is already out at the and quick meetings rather than long meeting.

Spring 2009 the condo voice 17 • The chairman (President or often • You may want to develop a month to have done your homework and if times the property manager) should month action plan with your manag - there are no questions he/she is look - control the meeting, and allow each er. There are things that occur ing to move on with the meeting. member an opportunity to speak. throughout the year that are common Should a member bring up a matter every year and are automatically • Do not keep your copies of minutes, that is not part of the topic being dis - attended to by your manager. An financial statements etc. in an enve - cussed, the chairman should ask that Action Plan will list the items and lope from month to month and when it be left for other business. You therefore the Board can know the at the meeting you are scrambling want the meeting to flow. work is being done and there is no looking for your records to refer to. need for five Board members to call Keep these items in a binder with • Avoid conversations of gossip. This the manager. (eg. tendering of a land - labeled dividers so you can flip to the can be difficult as you are dealing scape/snow removal contract, work area needed and have past documen - with people’s homes; however, you orders issued for annual work, start tation at your finger tips. are running a business. Your manag - up of lawn sprinklers etc.) er’s goal is to operate the corporation Now that you are running as a fine- in the most effective and efficient • Board members should receive their tuned machine, you want to let your manner for the benefit of all owners. copies of the last meeting minutes owners know what is going on and that Your manager does not need to hear and monthly financial statements you are doing the best job possible for or be involved with gossip (he said/ prior to the next Board meeting for their benefit. There are different ways a she said...). All requests, complaints, their review. At the meeting when Board can communicate to the owners: concerns should be placed in writing asked for motions on the last minutes to the Board and addressed at the or the financials, Board members 1. Newsletters are a good tool to keep Board meeting. The writer of the let - should have done their homework the owners aware of what is going ter should then receive a written and reviewed the material. Do not sit on or coming up. These can be pre - response from the manager on behalf in the meeting and review the mate - pared monthly, quarterly etc. Every of the Board. rials. This is a waste of everyone’s property is different and the Board time. Your manager assumes you can decide if they want a newsletter

18 the condo voice Spring 2009 “A newsletter is probably one of the most effective forms of communication to the owners and it lets them know you are on the job.”

and the frequency for distribution. delicate topics such as issues with The Board will then have to decide an owner that not necessarily every - who will prepare the newsletter and one needs to be aware of. If an what is to be covered. From my owner wants to view the minutes as experience, a newsletter is some - per the Act , they can request so what personal to the Board and the from the Board and/or manager. Board should prepare the newslet - ter. It is suggested the manager 3. The Corporation is required to hold reviews the draft before distribution an annual meeting of the owners. to ensure accuracy of information. Boards may wish to hold an own - ers’ general information meeting The reason I suggest the Board or during the year. The frequency is Board member prepares the up to the Board. This meeting does newsletter is again from experience. not have to be a legal meeting. It I have had Boards ask me to pre - can simply be a meeting for the pare a newsletter and distribute it Board to update owners on recent to the owners. (Just take care of it decisions/activities and to hear any they say) and once it is sent out and concerns from the owners. No legal they see the end product, they ques - decisions can occur at these meet - tion why didn’t I include a certain ings. From past experiences, we item or why did I write about a cer - generally see that annual meetings tain topic. In other words, some - and general information meetings times as managers we can’t win for are poorly attended so written com - trying. Therefore I think the Board munications is a preferable manner should prepare the newsletter and of reaching all owners. the manager can review it. If the Board would like, the manager can In a nutshell, an effective Board is one have a column for a manager’s that runs their corporation as a business, report. works as a team with their manager, allows their manager to do their job, A newsletter is probably one of the and communicates to the owners. Egos most effective forms of communi - and personal agendas have no place in cation to the owners and it lets them the Board room. Think of the good of know you are on the job. However, the whole as opposed to the good of make sure it is accurate, it is the one. truth and apply the KISS principle (keep it simple stupid). Peter has been managing condominiums for twenty one years and is the President of 2. If a Board chooses not to have a Cannon Greco Management Limited, locat - newsletter, another suggestion is a ed in St. Catharines, ON. Cannon Greco President’s Report summarizing manages condominiums throughout the Niagara Peninsula, Mississauga and Board meeting decisions/issues. Waterloo areas. This can either be distributed to the owners or posted in a common Peter is a past Board member with the Golden Horseshoe Chapter of the Canadian place where residents can view it. Condominium Institute and has written var - Although any owner is entitled to ious articles in condominium magazines view the Board meeting minutes, it and spoken at seminars. He is an active is not suggested the minutes be member with the Rotary Club of Niagara I posted as the minutes may include Falls Sunrise.

Spring 2009 the condo voice 19

Choosing a Property Management Company

BY VICKI VANCAS SIMERRA PROPERTY MANAGEMENT INC .

s the Agent for the condomini - um corporation, the Property AManagement Company plays a vital role in the overall success of the property and spirit of a condominium community. The community consists of the Board, owners, residents, guests, visitors, future residents, on-site per - sonnel, off-site personnel, contractors and suppliers of services. These stake - holders must know a lot about their • Maintain value, • Communicate with the Board, unit community and how to live in or serv - • Establish continuity, owners, off site owners, residents, ice it. All the stakeholders must buy • Provide professional assistance in • Provide a safe community. into the community, and understand the management matters, importance of it being well directed, • Provide financial reports, financial Management companies provide a well managed and well run. The resi - guidance, collection of cea and number of services either in-house or dents must always keep in mind that the chargeback fees, sub-contracted. The Board must be Board makes the final decision in who • Provide site inspections, very specific to what it needs to ensure the management company is, what lev - • Assist in declaration, bylaw and rule that management companies all bid on els of services are required, how it man - enforcement, the same services ages and supervises the management, • Provide consultation to help ensure and how it defines and pays for those the corporation abides by govern - What to look for in a Property management services. ment legislation, acts and bylaws, Management Company & Their • Provide quotes and recommendations Site Property Manager When selecting a management compa - for services, products, ny that will match the needs and expec - • Supervise employees, contractors tations of the community, the Board or and service providers, The management company and the site Selection Committee can make the • Be the conduit with lawyers, auditors property manager must have a basic right decision by learning to ask the and engineers, understanding of the condominium right questions. In general, a manage - • May be the chair and/or the advisor act, corporate law, labour laws, govern - ment company’s services are retained to the chair for board meetings, annu - ment acts, bylaws and regulations, to: al general meetings and special meet - management fundamentals, accounting, • Preserve assets, ings, budget processes, taxation, insurance,

Spring 2009 the condo voice 21 communication and human behaviour The Selection Process & vide assurance of employment, to do their work effectively. They Steps to Follow • Inform the residents and off site own - need to understand the corporation’s ers of the change, the timing, transi - declaration, bylaws and rules, and all The Board must be strategic and prag - tion process, unusual situations and circumstances. matic in its selection process. The • Work with the previous and new Depending on the age of the corpora - Board must do their homework, due management company to ensure a tion, they need to understand new home diligence and create a process to fol - seamless transition. warranty programs, builder warranty low. The task can be overwhelming. programs, performance audits, retrofits, The Board must put together specifica - Specifications reserve fund funding and studies. tions, inspect their entire property, determine what services and levels of Due diligence is important in the spec - It takes time to find, train and retain services they want to provide to their ifications process. What the Board property managers with sufficient community, interview management needs to tell prospective management knowledge and skills. It takes a budg - companies and their clients. The companies is vital to ensure that the et that allows the corporation to pay Board’s to do list includes: quote addresses their needs and leaves property management fees that allow no surprises. Can that management for salaries and benefits to commensu - • Create a selection committee, company meet the necessary services rate with these qualifications. • Review their documents – declara - and provide the service levels required tion, bylaws, rules, budget, reserve by the corporation? The more the The quality of services provided by a fund study, current management Board invests in their time and analysis management company may be verified agreement, employee services and upfront, the more likely they are to get through contacting current clients, for - agreements, contracted services and a professional management company mer clients, and professional associa - agreements, and their team to manage effectively tions. Looking at how a management • Setup levels of services and need lists and efficiently. company is involved in their profession - to provide to management, al associations and industry can help the • Prepare specific details about the Factors to review are: Board determine if they are making the community that need to be addressed • The facts of your corporation and right fit for their community. or attended to community, • Prepare specifications and expecta - • Board’s involvement or non-involve - The Selection Committee tions for management, ment at meetings, decisions, processes, • Setup a comparison detailed and • Maintenance issues and repairs, out - summary analysis form, standing issues, The Board must determine who will be • Identify at least three local manage - • Determining the levels of service, on the Selection Committee. In most ment companies, • Level of experience of management cases, it is the Board members that will • Prepare, mail or email their proposal and manager, make up the Committee however, in to the selected management compa - • Full or part time manager, adminis - other instances a Committee chosen nies, tration, accounting services, from residents in the community will • Schedule an on-site meeting and • On or off site manager, on site and be selected. If that route is chosen, then review of the site, off site administration and support, the President should chair the • Interview the management compa - • Unit owner’s involvement in attend - Committee. Ideally, all members of the nies and visit their offices, ing annual general meetings, special Committee will have prior business • Interview the management compa - meetings, experience to assist with the decision nies’ current and past clients, • Management’s involvement in annu - and ensure that those members have the • Analyze management proposals, al general meetings, special meet - entire community in mind. interviews and client referrals, make ings, board meetings, a recommendation, • Resident concerns and issues, The Board may also choose to hire a • Plan the details for the transition, • Governance, accounting programs Consultant to assist them with the • Make a final decision, and processes, process. If going to a Consultant, • Meet with the chosen company one • Ensure an adequate budget is provided. Board members must first ensure they more time to finalize any concerns, have done their due diligence in under - and contract details, The Facts standing the corporation first, and that • Send a letter to the company chosen, The management company needs to the Board has the funding for this • Send a letter/email to the companies know about your corporation and com - process. If there have been legal or not chosen, thanking them for their munity, so they in turn can make the financial concerns, they may need to proposal, time and informing them right decision to ensure that they do consult with their legal counsel and why they were not chosen, want to manage your community. The auditor. • Meet with any in-house staff and pro - Board must be upfront with the

22 the condo voice Spring 2009 prospective management companies and be prepared that those companies are also going to be asking why the Board wants to change the management company. Facts to provide them with: • Corporation name and number, • Date of registration • Number of board of directors, list of committees, • How often does the board meet, • Will management be attending any or all committee meetings, • Year end, • Number of units, type of units, • Reciprocal and shared facility agree - ments, special easements, • Yearly operational budget, • Deficits, surpluses, • Reserve fund, • On-site management: days and hours, • Off-site management: hours, • Performance audit status, • Retrofit status, • Insurance concerns, • Utility concerns, sub metering, • In-house employees, • Professionals involved i.e. lawyers, auditor, engineers • Contracted services, • Non contracted services, • Hot topics and key issues including resident infractions, • Outstanding resolutions, bylaws, agreements, • Long range issues, • Short term goals, • Demographics, community involve - ment and spirit, and the vision of the community.

The Board should provide additional information to the prospective manage - ment companies to ensure that they understand the specific needs and prior - itized urgent matters that need to be attended to, including any outstanding legal and financial issues. When you get to the short list, the Board should provide the management companies with a copy of the declaration, bylaws and rules and a status certificate. To ensure a long-term relationship, both sides must be upfront with each other.

Proposal, Analysis & the Final Decision Aside from the proposal, the Board should ask the prospective management

Spring 2009 the condo voice 23 companies for a copy of their manage - company that provides the community ment agreement, an outline of the fee with solid management leadership. structures (especially for out of contract expenses i.e. what is included and not The Selection Committee must then included in the management fees); make their recommendation at a Board additional administrative or accounting meeting or a special meeting to discuss charges, samples of their management the reasons behind the decision. If only tools and communication provided to the Board was involved in the process, the Board and the residents (i.e. board ensure that a special meeting is setup report, site inspection report, annual to discuss the reasons behind the deci - planning guide, emergency procedures sions. It is important that the commit - manual, welcome packages, letters, res - tee and Board have an opportunity to ident forms, newsletters, notices and discuss their selection opinions candid - communication letters). ly, which may be difficult to do at a reg - ular Board meeting. They need to set The Board also needs to understand the aside time for a special meeting to technological tools and processes that review the process and prepare a reso - the management company uses to assist lution stating the selection and docu - the manager to manage your commu - ment in the minutes. nity (i.e. computers, software, cell phones, blackberries, pagers, head Once the Board has decided which office administration and accounting management company to hire, it should team). If there are issues with the meet again with the new company’s assigned property manager, what is the team to review the proposal and speci - next level of service that the manage - fications. This is the time to clear up ment company provides i.e. area/district any concerns or issues, not after the manager, executive. The Board needs contract has been signed. Then it is up to know how management deals with to the Board to sign the management day-to-day tasks, special issues, emer - agreement, work on the transition gencies, and the resources that back the process and inform their residents of assigned manager i.e. on call services, the change to a new management com - backup if the manager is not available pany. at the time or on vacation. End Result During this process, ask the manage - ment company what they initially see By following the processes outlined as the “red flags”, and how they plan within this article any Board can dis - and deal with the transition process. play due diligence and offer their resi - Ask what the education policy is of the dents a well directed, well managed and management company. Do they offer well-run community where all the in-house training, allow managers to stakeholders are proud to say that they take courses and attend industry live in. events?

Do not expect to interview the assigned Vicki Vancas, R.C.M. is the New Devel- site manager during this process. It is opment Area Manager for Simerra Property the management company’s responsi - Management Inc. where she works on set - bility to provide the corporation with a ting up new condominium communities in suitable manager and supervise that the interim occupancy to turnover period. manager. Vicki is the President of the condominium she lives in and has been a Board Director for several condominium corporations over Never determine the management com - ten years dealing with Board, resident and pany by price alone. Ensure that the community issues. management company is capable of Direct Line: 416-847-2561 I doing the work required and has the Email: [email protected] knowledge and resources to solve com - plex problems. Look for a management

24 the condo voice Spring 2009 Considerations to Keep in Mind Before You Replace Your Management Company

BY VICKI VANCAS , RCM

If the Board is considering replacing the management compa - out and planned for. Keep those timeframes in mind, as the ny, they should first make their current management company overall process may take about four to six months. aware of their concerns, and provide them with an opportuni - ty to respond. Because continuity is important to the condo - If there are shared facilities, then the Board needs to work with minium operations, the Board needs to think twice before the other condominiums within their community. Decisions replacing their management company. to be considered are, will all corporations be changing at the same time, or be changing at a different time, or not be chang - Perhaps they just need to replace the assigned property man - ing, who will be managing the shared facilities, and if there is ager, and work with the senior team at the management com - more than one management company involved within the entire pany to ensure that their needs are met. Or, are the current in- community what processes will be put into place and how will house personnel, contractors or service providers providing they be monitored to ensure co-operation and overall effective the best fit for the needs and expectations of the community? management. Long range planning is vital, as any and all mis - Perhaps more cleaning or concierge hours are required to ease takes can be very costly and disruptive to the community. There board concerns about the way the property is being managed? are financial, timing and behavioural costs during the turnover process. The Board must ensure that they have a realistic budget allo - cated to allow for sufficient management time. Situations such The Board must notify the company that they are terminating, as a new corporation getting through the first few years of and if possible set up a meeting with them to provide them with setup, developer or performance audit issues; older corporation feedback as to why they made the change, or if a meeting is not going through retrofits, major maintenance and repairs; or going to happen, send a letter of cancellation to ensure that the ongoing dealings with a difficult Board member and/or resi - company knows that they will not be retained to manage after dents can all require additional dedicated time of the manager a certain date and they are expected to co-operate with the new and must be budgeted for. management company. Whatever happened, feedback is an excellent learning tool for all parties involved. Are all of the Board members setting the standards and abid - ing by the rules? Do all the Board members understand their The Board needs to be provided with feedback after the tran - duties, the management process and how the two work togeth - sition occurs to ensure that all documentation was turned over er, plus the importance of regular Board meetings and the time - to the corporation and the new management company. The liness of their decisions? The Board needs to get at the root of management company will need to be provided with a 30 to 90 the problem, and understand what the issues are and what day smooth transition period to get to know the community changes may or may not have to occur, before you can go to and deal with the issues at hand. the next steps. If there are a number of outstanding issues or hot issues that If, after reviewing all of the above considerations, the Board need to be attended to urgently, the Board now needs to deter - still concurs that replacing the management company is in the mine if they require additional funding to get the work done. best interests of the corporation, then timing becomes an impor - This could be that the management company is paid extra for tant factor. If a change is going to occur, when should it hap - a 30 to 90 day period to allow for additional service hours for pen, at the year-end, just prior to the budget process or before speedy resolutions and specific maintenance or services be pro - the annual general meeting? Allow for a 60 to 120 day selec - vided to ensure compliance and enforcement regarding acts, tion process and refer to all the considerations outlined in the bylaws and rules or ask them to provide an assistant to the article “Choosing A Property Management Company” on page assigned property manager to help out during this timeframe. 21 . Keep in mind that the standard clause to cancel a manage - ment agreement is 60 days. Other things the Board might consider would be to do a special cleanup and get a cleaning crew in for a few days to do a very The Board must read the existing agreement and understand all detailed cleanup of the building and site, a landscaping crew to the termination clauses, i.e. 60 days notice, automatic renew - come in for a day to cleanup and plant some flowers and shrubs; al. If the Board decides to buy out their current management or hire or replace specific onsite personnel or contractors and agreement, i.e. cancel the agreement immediately and pay out get them trained and up to speed quickly. Some extra dollars the balance of the current management agreement contract, the invested now in the transition process may save a lot of time and I Board needs to ensure that the funds are available to do this, money later on. It can also reflect well on your community. and that this short-term transition process is carefully thought

Spring 2009 the condo voice 25 Do you think your condominium has what it takes to be named as the CCI Toronto Chapter Condo of the Year? CCI is pleased to announce the condo of the year award, open to all CCI Toronto & Area Chapter corporate members. The contest will open July 1st, 2008 and will run until June 30th, 2009. Quarterly finalists will be selected by the CCI-Toronto Membership Committee and the winner of each quarter will be featured an upcoming quarterly issue of the CCI CondoVoice magazine. The Grand Prize winner will be selected from amongst the four quarterly finalists by the Public Relations Committee and will be announced in the fall of 2009. The grand prize winner will be announced at the 2009 Annual General Meeting and will receive a street entry sign for their corporation – a prize worth up to $5,000.

Judging Criteria for this award will include any or all of the following:

• Good Governance • Forward 'Thinkingness'

• Social Fabric of the Community • Consistency

• Energy Initiatives • Environmental Concerns

• Effective Use of Committees • Any other unique approach or program

• Communications

Interested applicants should forward their submission, including photos and an article outlining why they feel their corporation is worthy of this award to:

CCI Toronto and Area Chapter, 2175 Sheppard Ave. East, Suite #306, Toronto, ON M2J 1W8 or email to [email protected]

For further information, please visit the CCI Toronto website at www.ccitoronto.org CONDO OF THE YEAR

Condo of the Year Award - Third Quarter Finalist MTCC 1398 - Two Aberfoyle Crescent

PURSUING OUR VISION AT TWO ABERFOYLE

CCI Toronto is thrilled to announce that MTCC #1398 has been announced as the third quarter finalist of the newly launched Condo of the Year Award. The following article was written by the Board of Directors and Property Management of Two Aberfoyle as part of the corporation’s submission for efining a Vision has helped our Board of Directors and Property Management entry to the contest. Our take a more proactive approach to the management of our building for the Dfuture, versus the reactive approach of dealing with problems as they arise, congratulations are extended while recognizing that the latter more often need to be dealt with more urgently. In to MTCC 1398! reviewing our Vision, we are usually able to recognize things to pursue and then plan an approach. We hope the following account of our progress will be of interest to Further details on this contest others who might want to define and pursue a vision of their own, while still deal - may be found on page 26 or ing with problems as they arise. on the CCI-T website at www.ccitoronto.org. The Our Vision was developed in 2007 at meetings of the Board and the Property closing deadline for the Manager, facilitated by the District Manager of our property management compa - next quarter submissions is ny. It was presented at the 2007 Annual General Meeting of MTCC 1398, Two May 1st, 2009. The annual Aberfoyle, and was received with much enthusiasm and support from the owners and residents grand prize winner will be selected from amongst the Our Condo four quarter finalists in the Our 12-storey building, first occupied in 2001, has 116 suites on 12 floors, with two early fall of 2009. levels of underground parking. Mechanical rooms and air conditioning equipment are on the roof. Amenities include a party room, a billiard room, an exercise room

Spring 2009 the condo voice 27 and an indoor lap pool. We are located Energy savings and reduced plumbing which meets quarterly to discuss prob - at Two Aberfoyle Crescent, across the expenses have made it possible to have lems, solutions and a range of budget street from an office tower, a five- zero Maintenance Fee increase for information. We shared information on minute walk from Islington Station of 2008-2009, while maintaining a surplus the progress of our projects and our the Bloor-Danforth Subway Line. in the range of one to two months’ early successes at several meetings of spending. the group. Our Vision A Condo Fact Sheet, available to own - We have also held a meeting jointly 1. Sustained property value ers, indicates that our fees are low in with our sister building regarding the 2. Optimal use of resources comparison to two other condos in the redevelopment of Bloor-Islington and 3. Strategic relationships with our neighbourhood. the Islington TTC Station. community 4. Environmentally-progressive build - 2. Optimal Use of Resources We have regular interaction with our ing City Councillor’s office on matters of 5. Safe and secure building We want to be forward-thinking, community interest such as local traffic 6. Enhanced quality of life and good progressive, innovative, and have a concerns, parking, noise by-law relationships among residents “smart” building. enforcement and plans for the TTC sta - 7. Leadership development tion and local intersection changes. Our We have put into operation a pool City Councillor addressed our recent Our Accomplishments cleaning robot to save on expense and Annual General Meeting and fielded have streamlined parcel and courier questions about such matters. 1. Sustained Property Values deliveries. We participate annually in the commu - Our vision is to maintain sustained Developing a Vision in the first place nity spring clean-up of the ravine in Tom property values based upon a struc - was with the intent of being forward- Reilly Park adjacent to our building. turally-sound building and high-end thinking and progressive. appearances, internally and external - 4. Environmentally-progressive ly, by means of modest fee increases. We are having successful energy sav - Building ing and waste disposal programs as The appearance of the south or back described below. We want to ensure that we have an door of our building, on busy Aberfoyle environmentally-progressive build - Crescent, has been improved by 3. Strategic relationships with our ing with respect to energy savings, installing a canopy over the door on community waste disposal and recycling to save which the name “Two Aberfoyle” money and as “the right thing to do.” appears. This is our preferred branding Our objective is to maintain quality of our building (over the Developer’s of life, security and the aesthetic envi - Energy Savings original “Town and Country-Phase ronment. Two”) and also appears on the main Our Energy Savings Program started in entrance from Lomond Drive. A new owner has recently taken over 2005 with the formation of the Energy the office complex across Aberfoyle Saving Committee. Proposals were We have pursued a multi-year enhance - Crescent south of our building and has obtained from energy management ment program to improve the landscap - already made some improvements to firms and we have carried out the fol - ing around our building, undertaken on their property. We approached them lowing projects over a four year period: our own and together with our sister regarding their landscaping plans and retrofitting T8 Fluorescent Lights and condominium corporation (“Town and have been assured there will be Electronic Ballasts in the parking Country-Phase 1”) by means of the improvements to the existing status. garage, installing CO Sensors to con - Shared Facilities Committee. trol the exhaust fans in the parking We have documented our concerns garage, installing a Variable Frequency We have undertaken major projects to regarding present and future traffic pat - Drive to reduce flow of makeup air to maintain/upgrade the building, includ - terns on Aberfoyle Crescent, and shared the corridors, installing three High ing relining the pool ($30,000), over - the document with the City of Toronto Efficiency Boilers to act as Lead coming pinhole leak problems in the traffic planning, the property manage - Boilers in our three boiler systems, and domestic hot water recirculation sys - ment of the office complex and our sis - installing some small lighting retrofits. tem ($150,000), and implementing an ter condominium corporation. Energy Savings Program ($165,000). These projects were undertaken over The latter two initiatives are discussed We are participating in the local Bloor- four years at a cost of $165,000, in detail below. Kingsway Condominium Association financed from the surplus in the first

28 the condo voice Spring 2009 year, and from resulting savings in the second and third years. We have achieved savings of 35% in gas, 16% in electricity, payback of the total investment early in 2008, the third year, and savings of $68,000 in excess of costs in the remainder of 2008.

Three problems remained unresolved. We had complaints of some crossovers of hot water into the cold water lines, resulting in wasted water and gas, in addition to the inconvenience. It was determined that the condensing feature on the high efficiency hot water boiler increased the crossovers problem and it was therefore turned off. We were not successful in finding the source(s) of the crossovers. A second problem per - tained to some complaints of waiting times of several minutes rather than a few seconds to get hot water, also an inconvenience and a waste of water and expensive to repair and often unsightly mandate of a new Major Maintenance gas. A third problem, as mentioned during repairs. Committee (MMC) which was charged above, was an increasing number of with researching and advising the Board pinhole leaks in the domestic hot water In 2007, the work of the Energy Savings on major issues having to do with build - recirculation system, which were Committee was integrated into the ing systems and integrity, beginning

Spring 2009 the condo voice 29 with how to overcome these three implemented. On the first five floors energy savings) with no instances of remaining problems (i.e., pinhole leaks, where pipe sizes of the risers were crossover. Without the extended waits “crossovers” and wait time for hot smaller, Grade M pipe was replaced for hot water, we are anticipating water). The MMC met with representa - with Grade L which has a thicker wall. reduced water consumption. tives of our plumbing company, our All ½” pipes were replaced by ¾” pro - mechanical maintenance contractor, an viding a thicker wall and a reduced Our energy savings initiatives have epoxy pipe lining contractor and a vice- water velocity. A lower capacity pump improved the financial condition of the president of our property management was installed to provide a lower aver - corporation. The combination of ener - company who had experience with sim - age flow. Balancing valves were gy savings and reduced plumbing ilar problems in other buildings. installed on all risers to provide equal expenses resulted in an increased sur - flow on each. There was also one pip - plus for 2007/08 and made possible the It was determined that pinholes were ing change specifically to address the zero percent increase in Maintenance the result of erosion of the walls of the crossover problem. Fees for 2008/09. In addition, the sur - pipe, associated with the thickness of plus will be useful in offsetting some the pipe walls, and the velocity of the What came to be known as our “Pinhole of the increase in Reserve Fund water. It was noted that the recircula - Leaks and Plumbing Repairs” or PLPR Contributions expected for 2009/10, tion pump appeared to be oversized and Project was carried out in early 2008 at resulting from a new study. that there were no balancing valves on a cost of $150,000. One crossover point the risers. To reduce costs while seek - was found and corrected. All three chal - Waste Disposal and Recycling ing a more permanent solution, we lenges relating to our plumbing system stopped replacing the sections of pipe were overcome. There have been no We promote recycling through newslet - with the leaks and temporarily clamped more pinhole leaks, no further ter articles and with posters in the over them. crossovers of hot water into the cold Recycling Room and in the Garbage water system and no complaints of long Chute Rooms on each floor. We are The outcome was a specification, draft - waits for hot water. We have been able achieving 50 percent waste diversion ed by the V.P. of our property manage - to turn on the condensing feature of our for fibres and containers through our ment company, which was adopted and new high efficiency boiler (for further Blue Box program in comparison to the

30 the condo voice Spring 2009 city average of 17 percent in multires - Volunteers periodically publish a multi- Our Bridge Club provides a weekly idential buildings like ours. Wine, page newsletter to convey news about evening bridge game and social occa - liquor and beer bottles are collected the Corporation, with focus on Green sions. separately and returned by a volunteer Initiatives and reminders of the with proceeds donated to charity. Corporation’s rules. Twice a week, Aquafit classes provide exercise and the opportunity for social Batteries, toner cartridges and cell Our Social Committee hosts a monthly interaction. To eliminate odours, eye phones are also collected separately for movie night and morning coffee hours and skin problems associated with a proper disposal. for residents in addition to special traditional chlorination system and to events like the summer barbeque and provide a more pleasant feel, we 5. Safe and secure building the Christmas season party. recently converted the treatment of the

We want to employ strategies to enhance the security of residents and the building.

We have held town hall meetings about fire and security procedures and assist - ed residents in the operation of in-suite security systems. Our Safety and Security Committee has made recom - mendations for additional security pro - cedures, locks and cameras.

To facilitate visitor access to the parking garage, while retaining security, we have installed communication equipment at the top of the ramp to the garage so that visitors can more easily check in with the concierge, whose office is in the lobby of our sister building.

6. Enhanced quality of life and good relationships among residents

We want to make the building user- friendly and provide occasions for interaction among residents.

Our Shared Facilities Committee coor - dinates matters of concern to our sister Condominium Corporation and our - selves, such as security systems, shared driveways and gardens, and social events.

We maintain open communications with owners/residents through town hall meetings with both internal and external speakers providing informa - tion presentations, usually including Power Point slides. In addition to fire safety and personal and property secu - rity as noted above, a town hall meeting has been held regarding planning changes for West Toronto including changes to local TTC stations and major intersections.

Spring 2009 the condo voice 31 pool water to a Salt System, which has been well received.

Automatic door openers were installed on the doors from the parking garage to the elevator rooms and have been greatly appreciated by residents carry - ing things or returning from shopping. New high-definition flat screen televi - sion sets were recently installed in our Party and Exercise Rooms.

7. Leadership development

We want to develop leadership with - in the corporation and demonstrate leadership in the external communi - ty as well.

For this reason, we shared our success - ful Energy Savings Program in an arti - cle published in the summer 2008 edi - tion of CondoVoice, and also in the winter 2008 edition of Condominium Manager, published by the Association of Condominium Managers of Ontario. We continue to attend condo confer - ences and seminars, especially those dealing with building maintenance, energy saving and environmental issues.

Committee work is also seen as lead - ership development, and committees are viewed as a recruiting ground with the possibility of future Board partici - pation. Comments on the Vision Process • Condominium cleaning specialists Before we embarked on the “Vision • WHMIS Trained Cleaners Thing”, we considered the Board to be • Underground garage cleanup proactive, as evidenced by successful • Quality control communication log sheet Energy Savings, Waste Disposal, and • Floors – wax and polishing Landscaping Improvement Programs, • Uniformed cleaners on premises which started years before and contin - • Fully trained, bonded and insured ue now. However we are now more • Commercial and industrial cleaning service focused on the long range with respect • Carpet cleaning to improving the building for the future • Exterior highrise window cleaning and communicating internally and • Building corridor renovations externally, while still attending to cur - I rent problems and issues. Head Office Toll-free (905) 832-6614 (877) 253-3648 49 Elm Street, Suite 201, Toronto, Ontario www.whiterosejanitorial.com

32 the condo voice Spring 2009 Hung Out To Dry: How a New Regulation by the Ontario Government Allows Some Condominium Owners to Install and Use Clotheslines

BY BRIAN HORLICK HORLICK LEVITT BARRISTERS & S OLICITORS

n April 17, 2008, the Government of Ontario, under Othe Energy Conservation Leadership Act, 2006 , created a new regulation dealing with the issue of clotheslines and clothestrees. Under this regulation, some condominium unit owners can now hang clotheslines or place clothestrees on their exclusive use common elements in spite of any restrictions found in the declarations, rules, or by-laws of their condominium forcing them to use dryers instead. For ly dry clothing, homeowners can not corporation banning these items. that reason, the government enacted only save the environment but can also The Energy Conservation Ontario Regulation 97/08, with the goal reduce their electrical bills by about $90 of reducing dryer use by allowing some per year. Ontario’s Chief Energy Leadership Act, 2006 Ontario residents who were subject to Conservation Officer Peter Love stat - these restrictions to use clotheslines and ed, “By removing the ban on clothes - The Energy Conservation Leadership clothestrees instead. lines, the government will enable all Act empowers the Ontario government Ontarians to take an easy and sensible to remove barriers to the conservation Clothes dryers are among the most measure to conserve energy. I com - of energy, including those found in energy-consuming appliances in mend the Ministry of Energy for mov - municipal and condominium by-laws, Ontario’s homes today. One standard ing forward on a change to our stan - covenants, encumbrances on property clothes dryer can consume up to 900 dards that will help create the culture as well as agreements. These barriers kilowatt hours of electricity per year, of conservation Ontario needs”. can be removed through the designa - which can lead to as much as one tonne tion of goods, services and technolo - of greenhouse gas emissions in that Ontario Regulation 97/08 gies set out in the regulations to the Act. time. At this rate, five dryers, used reg - One such barrier which the government ularly, would cause about the same The government of Ontario is permitted has identified is the existence of restric - amount of greenhouse gas emissions as to enact this regulation based on s. 3(2) tions preventing people from using would a standard vehicle in a year’s of the Energy Conservation Leadership clotheslines or clothestrees, in essence, time. By using clotheslines to natural - Act , which states:

Spring 2009 the condo voice 33 Effect of designation proper installation and operation of a can only be installed on certain areas clothesline or clothestree is included in of the property. Those areas are either (2) A person is permitted to use des - this allowance as well. adjacent to the side or rear wall of the ignated goods, services and tech - house or building. As well, a person nologies in such circumstances as Section 2(1) of the regulation states that must be able to use the apparatus by may be prescribed, despite any the designated goods or technologies i) either standing directly on the restriction imposed at law that and any necessary equipment must be ground, would otherwise prevent or restrict installed on property upon which is sit - ii) standing on a deck or other their use, including a restriction uated a house or building that is used fixed platform accessed direct - established by a municipal by-law, solely for residential occupancy and ly from the ground floor of the a condominium by-law, an encum - which is the person’s place of resi - house or building, if the deck or brance on real property or an agree - dence. This means that the regulation fixed platform is no higher than ment. is not intended to allow the installation the floor level of the ground of clotheslines or the placement of floor, or Clotheslines and clothestrees have been clothestrees on commercial or industri - iii) standing on a step-stool or sim - designated under this new regulation as al property. The regulation also stipu - ilar device placed either direct - “goods and technologies” used for the lates that any designated goods or tech - ly on the ground or on a deck conservation of energy. Under the reg - nologies and any necessary equipment or other fixed platform accessed ulation any clotheslines, clothestrees, that is installed on the property must be directly from the ground floor or goods and technologies that have the done in a manner that ensures that there of the house or building, if the same purpose as a clothesline or are no impediments to safety, includ - deck or fixed platform is no clothestree and have no other purpose ing access to or egress from the proper - higher than the floor level of the are allowed to be used for drying ty. ground floor. clothes, regardless of any municipal by- laws or other covenants to the contrary. The designated goods or technologies, Finally, the designated goods or tech - Any equipment that is necessary for the along with any necessary equipment, nologies, along with any necessary

34 the condo voice Spring 2009 equipment, must be installed in an area clothestree. However, the ground floor Brian Horlick, Horlick Levitt, has been suc - where the person has an exclusive right owner may wish to use an apparatus cessfully engaged in the practice of law for 25 years. He is a senior partner with the of use by virtue of their residency. that does not require installation, such law firm of Horlick Levitt and is an expert a portable drying rack. In that case, if in the area of condominium law. He is a Implications for Condominium there are no safety issues regarding its director of the Canadian Condominium Institute, Chair of the CCI Legal & Owners use, there would appear to be nothing Governmental Affairs Committee, Chair of preventing the owner from using it the ACMO Associates Executive Commun- without board approval, since no mod - ications Committee and is a regular lectur - First, it should be pointed out that the er on condominium law to property man - ification of the common elements regulation makes inoperative prohibi - agers seeIking to obtain their RCM desig - tions on clothesline or clothestree would be required for its use. nation. installation for ground floor units only. As such, unit owners who are situated on the second floor or higher cannot use clotheslines or clothestrees due to safe - ty concerns surrounding their use at ele - vation. This regulation primarily affects those condominium owners whose units are at ground level.

The Condominium Act provides that the corporation has a duty to control, manage, and administer the common elements and assets of the corporation. It also provides for board of director approval whenever an owner wishes to make an addition or alteration to any common element, whether exclusive use or otherwise. Although the Energy Conservation Leadership Act states that it overrides any restriction imposed at law, including those established by a condominium by-law or an agreement, it also states that it does not apply with respect to a restriction imposed by an Act.

Accordingly, the ability of a condo - minium owner to install a clothesline or clothestree may be subject to whether or not the ground level area (for example, a patio, backyard or side yard) that abuts an owner’s unit is an exclusive use common element or is part of the owner’s unit itself. In some condominiums, the ground level area falls within the definition as being part of the condominium unit and is not therefore a common element. If this is the case then a clothesline or clothestree may be installed or used in the side or back yard as long as it does not impair the safety of the other residents. On the other hand, if the ground level area of the condominium is an exclusive use common element, then the unit owner may need to get permission from the board before installing a clothesline or

Spring 2009 the condo voice 35 36 the condo voice Spring 2009 C-45 Update Disregard for Health & Safety can be Criminal

BY JEFF JEFFCOATT CONSTRUCTION CONTROL INC .

ondominium Boards and WHMIS and Fall Arrest be made aware of the existence of these Property Managers are respon - Safety Procedures, and that they are not Csible for the health and safety of allowed to participate in any designat - It is very important to make sure all of the residents and those working on site. your staff is trained to do their specific ed work without acknowledging train - This has always meant some exposure jobs, including WHMIS and Fall ing for that specific activity. Not only to liability for safety, but now even Arrest Training. The Workplace must you provide adequate training for more due diligence is required because Hazardous Materials Information Sys- all jobs that may put someone in harms if there is an accident that could have tem (WHMIS) applies to all workers way, but you must also keep a record been prevented by proper training, there on site, and the Fall Arrest Training of all such training – signed by each is now a criminal component to any applies to anyone who might use a lad - employee. actions taken by the authorities. der - or be in a situation where they can Introduced as Bill C45, the Criminal fall more that two metres. The use of a Window Washers and Code was amended to include a crimi - ladder may seem trivial and common Elevators nal act of negligence with respect to sense. Not so - there was a recent case workplace accidents. This means that involving a large store where a substan - The Condominium Corporation is held as well as any fines from the Ministry tial fine was levied when an employee responsible for workplace accidents on of Labour, there could be additional fell off a ladder, and the company could site, and must be diligent to ensure that fines (and jail time in extreme cases) not prove that they had instructed the all risks are removed or mitigated. levied through the criminal code in employee on the safe way to use a lad - There are two common areas of con - cases of serious injury or death, on der. cern that affect highrise buildings supervisors, managers, and the Board where the prudent Property Manager of Directors individually. It is a good idea to develop some writ - should be extra vigilant – Elevators and ten “Safety Procedures” for any work Window Washing. Also remember that section 117 of the that may expose staff to hazardous sit - Condominium Act, 1998 (Ontario) stip - uations or materials, and to ensure that For elevating devices, TSSA regula - ulates “no person shall permit a condi - they understand and acknowledge these tions clearly state that the onus on acci - tion to exist or carry on an activity in a procedures. This should include the use dent prevention is the responsibility of unit or in the common elements if the of snow blowers, tractors, power tools, the building owner (Condominium condition or activity is likely to dam - ladders, lifting, and any other work - Corporation, Board of Directors, age the property or cause injury to an place activity that could expose a work - Property Manager), so it may be pru - individual.” er to injury. Every staff member should dent to check the elevator logbook

Spring 2009 the condo voice 37 occasionally to ensure that the required The problem may arise where the monthly checks are being done and Condominium Corporation has con - recorded. If you enter the elevator tracts with more than one contractor, machinery room make sure you are and they are working on site at the same aware of all the machinery that is in time, and in the same area. In this case there and stay clear at all times – which the Condominium Corporation may be brings up another upcoming problem deemed to be the “Constructor” within area for building owners – that of the meaning of the Act and take on the machinery guarding for elevator equip - Health & Safety responsibility for all ment. “Guidelines for the Guarding of of the workers on site. A different way Elevator Machinery” are presently of handling this would be to contract under review by a committee that with a General Contractor (GC) who includes representatives of TSSA and sub-contracts the work to the various MOL. Once finalized this will be the skilled trades, so that the GC is consid - subject of another article as estimated ered to be the “constructor”. Check costs run from $6,000 to $20,000 per with your lawyers regarding this elevator machine! “Constructor” terminology to make sure that the Condominium Corporation For window cleaning the Condomin- is not exposed to any extra liability. ium Corporation is responsible for the roof anchors being checked annually (prior to the first use each year) and Jeff Jeffcoatt, P.Eng, BDS, RCM is a of your staff is properly trained – and Registered Condominium Manager and keeping a logbook of these reports. that you have the documentation to Professional Engineer and is the Management should also check occa - prove it!! Condominium Specialist for Construction sionally that the window washers are Control Inc. where he heads up the following prescribed guidelines from Mechanical & Electrical Department and the roof anchor drawing details. One of Workplace Constructor the Health & Safety Programs. More the most common problems is that win - recently accredited through the Ministry of dow washers drape their lines over the Now what about contractors on site that Municipal Affairs and Housing for the Building Code Identification Number top of balcony railings instead of under may be performing construction work, (BCIN) program as a building designer for or through them. Railings are designed renovations, or maintenance work on Large Buildings, Building Services, Small for a certain force but are not designed equipment in the common element Buildings, and Houses. to take the force generated by a fall areas? Well known for his teaching for ACMO at arrest condition (3600 lbs.) so ropes Humber College and via the web through that pass over the railings can be dan - If there is only one contracted job Mohawk College, Jeff wrote/compiled the gerous – as well as potentially damag - underway then your contract document manual for the ACMO Physical Building ing to the railing surfaces. should include the fact that this con - Management course, and is presently Co- Chair of the ACMO Professional Devel- tractor is responsible for all Health and I opment Committee. The Ministry of Labour inspectors can Safety matters related to the job and and will enter your workplace at any their employees and anyone else that time, so be prepared and make sure all they may sub-contract with.

DONNA For your Real Estate Needs call: 416-515-2121 SWANSON • Real Estate Broker of Record - specializing in Condominium ACCI, FRI Sales since 1982 • Current condominium Owner, Past President and Director • ACCI - An Associate of the Canadian Condominium Institute Real Estate • Past Director of Toronto Chapter of CCI • FRI - Fellow of the Real Estate Institute of Canada and current Brokerage Director of Toronto Chapter of REIC Email: [email protected]

38 the condo voice Spring 2009 Barbecues and Balconies: Reducing the Risk

BY JOHN MOHER , B.A, LL.B. FINE & D EO

any condominium corpora - “Open-air burning shall not be per - fire, the possibility of increased insur - tions restrict the use of barbe - mitted unless approved, or unless ance premiums and smoke entering Mcues on balconies because of such burning consists of a small, nearby units with the benefits of barbe - the increased risk of fire and the poten - confined fire, supervised at all times, cuing on balconies. tial for nuisance from smoke and and used to cook food on a grill or odours entering nearby units. There are a barbecue” If your condominium corporation also condominium corporations which chooses to allow barbecues on bal - do not restrict barbecues on balconies. Even absent a prohibition against bar - conies it is important to review your Boards of directors in these cases may becues in a condominium corporation’s insurance policy to ensure that fire have decided that the benefits of allow - declaration, by-laws and rules, or a damage caused by barbecue use on bal - ing barbecues outweigh associated clause in any applicable lease, munici - conies is covered. Even if no specific drawbacks. Many boards of directors pal by-laws may prohibit the use of bar - exclusion exists in the insurance policy, may not have even considered the issue becues on balconies. The City of it is important to ensure that the condo - of prohibiting barbecues on balconies. Kitchener and the City of Guelph are minium corporation is adhering to any two examples of municipalities which applicable municipal by-laws. The cor - This article will analyze the law as it have banned the use of barbecues on poration should also review its decla - affects the use of barbecues on bal - balconies, notwithstanding the above ration, by-laws and rules to ensure that conies and will suggest some possible provision of the Ontario Fire Code. no prohibition exists against barbecues courses of action which can reduce or on balconies. eliminate the risks associated with bar - The City of Toronto has not passed a becue use on condominium balconies. by-law banning the use of barbecues on It is also important for the condomini - balconies. As such, condominium cor - um corporation to be cognizant of the It may come as a surprise to many that porations in Toronto should consider laws regulating the transportation of the Ontario Fire Code does not regu- whether it is in their particular condo - propane through high-rise buildings. late or prohibit the use of barbecues minium community’s best interest to According to the Propane Storage and on balconies. According to Section permit barbecues on balconies. It is a Handling Code, which is included in O. 2.6.3.4. (1): decision which must balance the risk of Reg. 211/01 by reference, when

Spring 2009 the condo voice 39 propane tanks are transported through An option for condominium corpora - which the barbecue would be removed high-rise buildings, each cylinder’s tions which decide to ban barbecues on from the balcony at the resident’s valve outlet must be plugged with the balconies is to provide an outdoor com - expense. valve protecting cap in place. When a mon element barbecue area. This propane cylinder is to be transported by would greatly reduce the risk of fire and If an outright ban on barbecue use on elevator it must be transported by an eliminate barbecue smoke and odours balconies is not desirable to the condo - unoccupied freight or service elevator. from entering units. The viability of minium community, there are ways to Where these elevators are not available this remedy will vary depending on the minimize associated risks. A corpora - the propane cylinder should be trans - particular condominium community tion can pass a rule to regulate the ported by passenger elevator provided and, as such, it is advisable for boards method of transporting propane if such that no passengers are permitted on the of directors to discuss the idea with res - barbecues are permitted, or eliminate elevator other than the person who is idents to see if it could represent a sat - the use of propane-fueled barbecues bringing the cylinder to their unit. In isfactory compromise. altogether. The condominium corpora - the absence of a rule banning barbecue tion could pass a rule mandating the use on balconies, condominium corpo - A condominium corporation can also periodic filing of a document certify - rations should consider passing a rule minimize the risk associated with bar - ing that the barbecue and propane requiring residents to transport propane becue use on balconies by prohibiting cylinder are in good working order. In in accordance with the Propane Storage the use of propane-fueled barbecues addition condominium corporations can and Handling Code. and only allowing the use of electric pass a rule requiring compliance with barbecues. This would significantly the TSSA’s recommendations outlined The Technical Standards and Safety reduce the risk of a fire by eliminating above. Authority (the “TSSA”) issued a media the presence of propane. release on March 19, 2008 which sug - John Moher, B.A, LL.B. joined Fine & Deo gests the following: if barbecues are per - Condominium corporations should in 2008 and practices in all areas of condo - mitted on balconies in high-rise build - consider passing a rule mandating the minium law, real estate and corporate law. ings, the balcony should be open, cylin - annual upkeep of barbecues. The con - John completed his LL.B. at Osgoode Hall ders should be kept outdoors, the barbe - dominium corporation could require a Law School. Prior to attending law school, he completed an undergraduate degree in cue should be free of combustible mate - certificate from a fuels-related techni - political science, graduating with distinc - rials and the cylinder relief valve should cian certified by the TSSA to be filed tion from the University of Western be at least one metre horizontally from with the condominium corporation. Ontario. John is a member of the Canadian any building opening below it and three Most safety issues with barbecues and Condominium Institute and the I metres from a building air intake. An propane tanks arise in the spring when Canadian/Ontario Bar Association. engineer should be consulted to assess they are first used after the winter sea - whether barbecues on a condominium son. The rule could provide that the corporation’s balconies would comply certificate must be filed on a periodic with the above recommendations. basis determined by the board, failing

40 the condo voice Spring 2009 The Human Rights Complaints Trifecta: Family Status, Pets & Disability!

BY RHONDA SHIRREFF AND KEVIN INWOOD HEENAN BLAIKIE LLP

ost condo boards and proper - dos are contrary to the Code. But fam - undue hardship. What does this mean ty managers know that the ily status can also happen in more sub - for condo facilities? It means that bar - MOntario Human Rights Code tle ways. For example, think about riers to accessibility must be removed protects owners, guests, visitors, renters occupancy standards by-laws regulat - and environments structured so that, or other tenants from discriminatory ing the occupancy of units. The rule insofar as reasonably possible, disabled treatment on the basis of several may take many forms—perhaps it lim - individuals have the same right of grounds: race, colour, ethnic origin, its the number of people who may access as any other person. Magnetized place of origin, citizenship, sex, sexual reside in a 2-bedroom sublet unit to 4 security card readers must be located orientation, age, marital and family sta - occupants. This by-law could discrim - so that they are accessible and opera - tus and disability. Few realize, howev - inate against a family of 5 who, living ble by individuals with restricted mobil - er, that human rights legislation is on a tight budget, plan to have all 3 ity; for example, those in wheelchairs quasi-constitutional in nature. This children share a bedroom. or scooters. A heavy door that may be means that, in terms of importance, it difficult to open for someone with sits below the Charter of Rights and Think also about a visitors policy. A arthritis or multiple sclerosis may need Freedoms but above all other legisla - policy limiting the number of overnight to be equipped with a hydraulic hinge tion. In other words, the Human Rights visitors could potentially discriminate or electronic opener. Code trumps the Condominium Act. against a parent who has weekend cus - tody of the children. Condo boards also need to be careful Condo boards may run afoul of the about the strict enforcement of rules Code by creating by-laws or rules that, Rules prohibiting excessive noise after, for example, 11:00 pm, could also be that adversely affect an owner or resi - directly or indirectly, discriminate dent with a disability. For instance, against or provide unequal treatment to problematic. Parents with newborns or a colicky baby cannot always control rules that regulate the type of flooring one or more members of a protected that may be installed in a unit could dis - group. Human rights legislation is not the timing of a crying spell. Any action by the condo board to sanction this ten - criminate against someone requiring a concerned with intention. Even if a rule cane, walker or wheelchair. or by-law has been in good faith, it can ant or owner for a noise violation might still be contrary to the Code. Rules and constitute discrimination on the basis of family status. As stated above, accommodation must by-laws concerning families, disabili - be provided to the point of undue hard - ty and pets can prove particularly prob - DISABILITY ship. In assessing whether the undue lematic. hardship standard has been reached, FAMILY STATUS Condo boards and property managers only three factors may be considered: must ensure that disabled individuals cost, outside sources of funding; and It is settled law that “adult-only” con - are accommodated up to the point of health and safety requirements.

Spring 2009 the condo voice 41 PETS Consequently, when a condo resident It is also important to implement an with a pet that doesn’t fit within the effective system to investigate com - Declarations and rules concerning pets provisions in the Declaration or rules plaints internally. This means having may also cause a condo to run afoul of attempts to rely on the Code, the board someone on hand who is properly the Code. For example, a blanket pro - must make an assessment based on the trained to investigate complaints and hibition on pets is likely contrary to the unique facts and circumstances of that interview the complainant and any wit - Code, as it would have the effect of pre - resident’s case and his or her reliance of nesses. venting a disabled person reliant on a the pet to assist with a particular dis - service dog from residing in the build - ability. If a complaint is filed with the Human ing. Rights Tribunal, due diligence can be an effective defence. One of the best The waters get murkier where the TAKE A PROACTIVE APPROACH ways you can show due diligence is to reliance on the pet is not directly tied to TO HUMAN RIGHTS demonstrate that, once informed of a a resident’s disability or some other potential breach of the Code, the condo prohibited ground. Consider the case of In light of the special significance of corporation reacted promptly, investi - a wheelchair-bound WWII veteran who human rights legislation, it is important gated thoroughly and took appropriate kept a 15-pound poodle for companion - for condo boards and property man - remedial action. ship and emotional support. His claim agers to review rules, by-laws, policies that his condo’s “no pets” rule violated and procedures to ensure that they com - Rhonda Shirreff and Kevin Inwood are the Code was not successful because he ply with the Code. All board members lawyers in the Condominium Law Group of could not produce sufficient evidence and property managers should be cog - Heenan Blaikie LLP, which is chaired by to satisfy the Human Rights Tribunal nizant of the extent of their statutory Denise Lash and Armand Conant, and that his pet actually helped his mental obligations to accommodate individuals practice in the areas of Human Rights, I state or assisted him in any way with falling within a protected group to the Labour and Employment law his confinement to a wheelchair. point of undue hardship.

42 the condo voice Spring 2009 Recent Changes to Toronto Municipal Code

BY DIANA CARR , P.E NG , S ALLY THOMPSON , P.E NG , AND CATHY LEE , P.E NG HALSALL ASSOCIATES LIMITED

uilding Codes change over time. to create a hazard of falling) in By-Law ment, but Apartment buildings must Changes to the Building Code do 629 Property Standards. comply by June 30, 2009. The Property Bnot have to be reflected in an Standards By-Law does not differenti - existing building as the Code only 851-Schedule 5 Backflow ate between rental “apartments” and applies at the time of construction. Prevention Devices: “condominiums.” Toronto Municipal However, a governing body such as Code By-Law 415 - Development of TSSA or a Municipality can mandate These devices are already required on Land defines “apartment buildings” as changes that also apply to existing the fire supply piping, heating/cooling follows: buildings. Recent changes to the distribution piping, and at irrigation “Any residential dwelling unit with - Toronto Municipal Code will impact supply piping. They must now be in a residential building, or the res - many condominiums in the Province. installed, if missing, on the main water idential portion of a mixed use supply piping. Their purpose, as one building, where such unit is Municipal Codes apply to all buildings might guess from their name, is to pre - accessed through a common of all occupancies within the munici - vent contamination of the Municipal entrance or entrances from the pality, and include extensive By-Laws. water supply from the building. The street level and an interior corridor, The By-Laws may be more or less cost of these devices can vary: about and the building contains three or stringent than the relevant Ontario $2,500 for a townhouse, and can range more units with such access.” Building Code requirements for new from $10,000-$20,000 for a highrise, buildings. There is no “grandfathering” depending on the requirements of the On the basis of this definition, until fur - of existing buildings – all buildings new specific site. A permit is required. ther clarification is provided, it appears and old must comply. that backflow preventers must be added There is a phased program for enforce - to all condominium buildings. The City of Toronto Municipal Code was revised in 629-19 Stairs, Guards September 2008 to include and Handrails: some new items that impact residential condominiums. Once only a few paragraphs Major changes made include long, this Section of the By- the requirement to install Law now occupies 14 pages backflow preventers on the of the amended By-Law. It domestic water supply piping, prescribes specific mini - in Chapter 851 Water Supply, mum safety requirements and stringent requirements for depending on building size guards (such as required any - and occupancy. In general, where there is a sufficiently Fig.1: Backflow preventer, courtesy of Watts Industries (Canada) Inc. guards are required in publi - large difference in elevation as cally-accessible areas,

Spring 2009 the condo voice 43 44 the condo voice Spring 2009 including exit facilities, where there is 900mm of the walking surface, (vii) Operable windows within 1.5m of a difference in elevation greater than with prescriptive limits on the the floor must also be protected 600mm, or where an adjacent surface dimensions and locations of any by a guard or a combination of within 1.2m of the walking surface has protrusions. opening restrictor (limiting the a slope greater than 1 in 2. Examples opening to 100mm) and a “heavy- (iv) Glass in guards must be wired, include steps, ramps, balconies, land - duty” screen. laminated or tempered. ings, raised walkways, and retaining (viii) Handrails within exit stairs must walls. Loading docks, floor pits in (v) Guards must be able to resist spe - be continuous, terminate in a way garages, or other areas accessed solely cific loads listed in the By-Law. that will not obstruct travel, meet by maintenance personnel are excluded (vi) Where the bottom of non-opera - certain ergonomic design require - from having to comply with this By- ble windows within apartments is ments, and withstand specified Law (these areas typically have their within 1m of the floor, either a loads. Handrails are required on own Occupational Health and Safety guard must be present, or the win - one side only of stairs or ramps guidelines). dow must be capable of with - that are less than 1.1m wide, and standing guard loads. are required on both sides of stairs On a broad scale, guards and handrails or ramps that are greater than in residential properties must com - 1.1m wide. ply with the following: (i) Guards must be at least Though these requirements are 1,070mm high, with some more specific than in the previ - exceptions within dwelling ous version of the By-Law, units and within small build - ambiguity still exists in some ings. areas and further clarification is needed from the City. The (ii) Clear openings must not biggest issue is what is meant exceed 100mm in residential by ‘specified’ loads. Why does occupancies (“unless it can the “Specified Loads for be shown that the location Guards” table referenced in the and size of openings do not By-Law then proceed to refer - represent a hazard”, in which ence “Minimum Design Loads”? case openings must be In the engineering world, the greater than 200mm). words ‘specified load’ and (iii) There must be no protrusions ‘design load’ are not inter - Fig. 2: Balcony guards have to be replaced because the curb that could be used as toe - and bottom rail form a climbable element. changeable – each has a precise holds within 140mm and connotation as relates to struc -

Spring 2009 the condo voice 45 46 the condo voice Spring 2009 tural design: a “specified” load is Diana joined Halsall in 2000 after three includes reserve fund and capital planning, increased by a safety factor to produce years in construction and consulting, and construction audits, and building condition a “design” load. The Ontario Building became a shareholder in 2007. As a Project evaluations for due diligence and re- Manager, Diana has experience in both finance. Code clearly defines these terms; the building restoration (including roofs, walls, Toronto Municipal Code does not. It parking garages, balconies and windows) may not, to a lay person, seem like and facility audits, including Reserve Fund Sally Thompson started her career with there would be a big difference, but Studies and performance audits. She is Halsall in 1990 and became a shareholder in 1995. She has a Masters Degree in with a design load equal to 150% of the actively involved in the condominium com - munity and has been invited to speak at var - Structural Engineering from Queen’s specified load, this could mean the dif - ious building-related events, including University and is a licensed Professional ference between acceptable or deficient Springfest 2008 and 2009. Engineer in Ontario, Alberta and British guards. Columbia. Sally is currently the Practice Leader for Halsall’s Building Audit serv - Cathy Lee is a licensed Professional ice, but also fulfills a Project Principal role The By-Law amendment is only a few Engineer in Ontario. She has a Master of and has participated in the preparation of months old, and we have not yet seen Applied Science Degree from the University Reserve Fund Studies and/or Performance the full impact the amendments will of Toronto, and a Bachelor of Science in Audits for several hundred corporations. have on existing buildings. Until clar - Engineering from Queen’s University. Sally is often invited to speak at ifications are made by the appropriate Cathy joined Halsall in 1998 and became a Condominium Conferences as she brings shareholder in 2002. As a Project Manager, compelling, clear and common sense officials about what is intended by answers to difficult questions. Sally is cur - “specified loads” and to what extent Cathy works on both building restoration and facility audit projects. Her restoration rently a member of the Board of Directors of the Canadian Condominium Institutes - certain criteria will be enforced, inter - projects include the evaluation and repair I pretation is left to the consultants of parking garages, balconies, roofs, win - Toronto Chapter. reviewing the particular issue. At the dows, walls, and other building compo - end of the day, common sense should nents. Her facility audit experience prevail and public safety should be paramount.

The other municipalities have similar Codes and By-Laws. It is up to prop - erty managers and condominium boards to inform themselves about the issues that pertain to their properties, and to work through these issues with their consultants. Each city’s Municipal Code can generally be found on their website. In the GTA, they can be found at: http://www.toronto.ca/legdocs/ municode/1184_toc.pdf http://www.city.brampton.on.ca/bylaws /listing.tml http://www.mississauga.ca/portal/ cityhall/bylaws http://www.oakville.ca/bylaws.htm http://www.city.vaughan.on.ca/vaughan /forms_docs/bylaws.cfm http://www.markham.ca/Markham/ Departments/Bylaw/Overview.htm http://www.newmarket.ca/userfiles/ HTML/nts_1_3117_1.html

Diana Carr is a licensed Professional Engineer in Ontario. She earned a Bachelor of Applied Science and Engineering from the University of Toronto.

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48 the condo voice Spring 2009 Certainty Prevails Over Fairness when applying limitations law

efore 2004, a person in Ontario who suffered a loss typically had Bsix years within which to com - mence a civil lawsuit to seek compen - sation or recover damages for the loss. BY CHRISTOPHER JAGLOWITZ , B.A. (H ONS )., With the enactment of the Limitations LL.B., ACCI Act, 2002 (“the Act”), the old six-year limitation period was reduced to two GARDINER MILLER ARNOLD LLP years for losses (or “claims”) discov - ered on or after January 1, 2004.

Under the old limitations law, the courts washed away the old doctrine of spe - between January 2004 and October exercised significant discretion as to cial circumstances for most claims aris - 2006 are now (as of October 2008) when the limitation period began to run ing after January 2004 and confirmed probably already statute-barred. Parties and whether it could be extended in the principle that the two-year limit is a with claims discovered in 2006 and order to achieve fairness in appropriate firm two-year limit, subject to any spe - 2007 are in serious danger of losing cases, such as where a plaintiff’s lawyer cific exceptions in the Act. The Court their right to sue, as is anyone that does failed to issue the lawsuit on time due found that the aim of the new Act is “to not understand that a lawsuit must be to a miscalculation or an oversight. This balance the right of claimants to sue commenced within two years of discov - discretion is known as the doctrine of with the right of defendants to have ering a claim. “special circumstances.” While the some certainty and finality in manag - enactment of the new Act significantly ing their affairs.” The lesson: Carefully consider whether changed the law of limitations, the your condo might have claims that need courts continued to apply the “special The result of this decision is that where to be dealt with and move them forward circumstances” doctrine in a number of a plaintiff commences a lawsuit after promptly. Incoming condo boards or cases. An important June 2008 ruling the expiry of the applicable limitation managers need to get up to speed of the Ontario Court of Appeal has now period, regardless of the reason, the immediately upon taking office and put an end to that. lawsuit will most likely be statute- determine whether any claims need to barred and dismissed. It appears that be acted upon and to do so quickly. In Joseph v. Paramount Canada’s certainty for defendants has prevailed The limitations clock is ticking. Wonderland, 2008 ONCA 469 , a case over fairness for plaintiffs. where the plaintiff’s lawyer issued the Chris Jaglowitz practices condominium litiga - lawsuit almost two months after the While some pre-2004 claims are still tion at Gardiner Miller Arnold LLP in Toronto expiry of the limitation period because subject to the old six-year limitation and is editor-in-chief of the Ontario Condo Law I of an oversight, the Court of Appeal period, most claims discovered Blog (www.ontariocondolaw.com).

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50 the condo voice Spring 2009 50 Condominium Accounting and Audit Guidelines

BY JOHN WARREN , CA ADAMS & M ILLS LLP

Winter 2009 ticular, all expenses for the major repair adequacy through calculation of future and replacement of the common ele - annual reserve allocations that increase The Ontario Institute of Chartered ments and assets of the corporation are to by no more than the inflation assump - Accountants has recently updated the be charged to the reserve fund and may tion used in the reserve fund study and booklet “ Accounting and Auditing not be charged as expenses in the state - the committee concluded that this is the Guidelines for Ontario Condominium ment of operations. Any allocation of best methodology. The guide suggests Corporations ”. While much of this funds to the reserve fund in excess of the footnote disclosure where Form 15 has booklet deals with audit considerations, budgeted amount is to be shown as a been issued with future reserve alloca - it also clarifies a number of accounting transfer from the operating fund to the tions calculated on another basis even principles of interest to those involved reserve fund and not as an additional where the reserve fund study provider in preparing financial statements for allocation from current year owner’s has confirmed that this other basis meets condominiums. assessments.” the requirements of the Act. Fund accounting Adequacy of the reserve fund - Investments Inflation adjusted allocations The Condominium Act requires that a Investments are generally purchased to condominium maintain at least two The guide now provides direction to be held to maturity and accordingly funds, a reserve fund and an operating auditors as to when the reserve fund is or should be initially recorded at cost. The fund. Common practice has been that will be inadequate and provides some Committee concluded that, as reserve while only qualifying reserve expendi - clarity as to how the adequacy should cash and investments are not available tures may be charged to the reserve fund, be defined. Where the Board, as is to pay for operating expenses, it is not the Board may, in its discretion, charge allowed by the Act, issues a Form 15 – appropriate to classify them as current qualifying reserve expenditures to the Notice of future funding of the reserve assets. fund that has a negative balance in a operating fund. This practice has “mud - Effective interest rate method died the waters”, so to speak, between future year, the fund is deemed to be reserve and operating expenditures with - inadequate and the auditor should dis - out clearly informing owners. The guide - close this in an additional paragraph in Generally accepted accounting princi - line now clarifies that fund accounting the audit report. Adequacy is not ples now require that interest income requires that all expenditures must be defined in the Act, however reserve fund be calculated on the effective interest reported in the applicable fund. “In par - study providers generally try to achieve rate method. This method calculates

Spring 2009 the condo voice 51 interest income on discounted securi - Accountants. Other real property and items leased generally may not be cap - ties by applying the same interest rate common personal property should be italized due to the provisions of each year to the total of the original cost set up and amortized as appropriate and Emerging Issues Committee Bulleting plus interest accrued to the end of the a fund should also be set up to record No. 95 , these expenditures are not being preceding year. The current practice of the equity in these capital assets. While accounted for consistently. The accruing interest on discounted securi - guest and superintendent suites should Committee concluded that all debt and ties using the straight line method is no be recorded as capital assets, the com - all capital leases should be recognized longer appropriate. mittee concluded that the general prac - as liabilities on the balance sheet and tice not to amortize these suites is the related expenditures should be cap - Long-term payables and receivables appropriate on the basis that they do not italized if they meet the criteria of EIC that do not bear interest must also be have a limited life, being continually 95 or charged to a reserve or operating recorded at the discounted amount maintained and “residual value”, as fund, if not. Changes to financial state - using the effective interest rate method defined in the CICA Handbook, will be ments as a result of adopting policy to calculate the amount of the discount in excess of cost as the market value of should be applied retroactively. and then recognizing interest income or real estate increases over time (the cur - expense each year until the receivable is rent drop in values notwithstanding). Contributions collected or the debt is paid. Debt and capital leases in The guideline clarifies that amounts Capital assets condominiums received from owners for common expenses and the reserve fund are not Capital assets should not be recorded Financial statements currently reflect “contributions” as defined in the CICA on condominium financial statements debt and capital leases in a variety of Handbook. A contribution, as defined if they are directly associated with the ways; debt is typically recorded on the therein, is a “non-reciprocal transfer” units as set out in Emerging Issues balance sheet, while the liability for which would be generally understood Commit-tee Bulletin 95 issued by the capital leases is typically not. Because to be a gift or donation and this is not Canadian Institute of Chartered the expenditures funded by debt or the the case with owner’s assessments.

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52 the condo voice Spring 2009 Accordingly, condominium financial by the management company. This Classifying reserve expenses statements should not use this term, arrangement increases the risk of fraud notwithstanding that it is used in the as corporations have no control over The Committee recommends that legislation. The committee concluded their funds until they are transferred reserve expenses be classified using the that “Owners Assessments” better into a bank account in its name and is expense categories in the reserve fund reflects the nature of these receipts. capable of abuse as interest may be study in order to facilitate reserve fund earned by the management company, Special assessments study updates and to enable owners to not the condominium, if funds are not compare between the study and actual transferred expeditiously to the condo - expenditures more easily than is Occasionally the total of special assess - minium’s account. The committee con - presently the case. ments to be levied over a period of cluded that this arrangement is not in years as contained in the corporation’s accordance with the requirements of First year deficit reserve fund study is recognized in the Section 115(4) of the Act which first year of the series. The committee requires the person in Section 115(1) The developer is required by the concluded that a special assessment that who receives money on behalf of the Condominium Act to reimburse the first is part of a series is not generally corporation to “in trust” to deposit them year deficit within 30 days of a request payable before the year to which they into an account of the corporation. The for reimbursement. As first year relate and should not be recognized Act does not authorize an intermediary deficits are not paid within this time until that year. account; this practice is poor internal frame and, indeed, are generally not control and is not an acceptable paid for a year or more and often are Commingling owner’s accounting practice. assessments not reimbursed in full, the committee concluded that the first year deficit Additions, alterations and should not be set up as a receivable improvements Though uncommon, a few management unless collection is certain, generally companies still deposit preauthorized evidenced by receipt of cash. payments received from all condomini - The guideline provides an example of ums that they manage into one bank the differences between additions, alter - John M. Warren, C.A. is a partner with account in the name of the management ations and improvements by way of an Adams & Miles LLP, Chartered company “In Trust” and then transfer, at example for paving which may be use - Accountants who provide audit and finan - a later date, the amounts due to each ful in evaluating other expenditures. In cial services to over 200 condominiums. He is immediate Past President of the corporation to a bank account in the summary, yearly patching is an operat - Canadian Condominium Institute – Toronto condominium’s name. These compa - ing expense; repaving a significant and Area Chapter and a past member of nies have interpreted Section 115(1) of portion of the paved area qualifies as a several committees of the Association of the Condominium Act to allow this reserve fund expense; creation of a new Condominium Managers of Ontario. He practice and it is promoted as reducing parking area is an addition or alteration writes regularly on financial matters in con - costs as the bank charges that would be and redoing an asphalt paved area dominiums and is a frequent speaker at edu - cational programs for managers and direc - charged to each corporation for preau - with interlocking brick would be an tors and at condominium conferences and I thorized payments are levied only on improvement. seminars. this account and are typically absorbed

Spring 2009 the condo voice 53 54 the condo voice Spring 2009 Toronto “Waste Management” Updates

BY DOUG KING , M ETRO GROUP

few years ago, over a coffee, Has staff been keeping a record of con - fussy; landfill costs are rising. Organics who would have thought the tainers “Set Out” for collection? If not is complex, conversion to private serv - Asubject of trash could have been do so immediately! If your “Equivalent ice has uncertain long term end market so complicated? Pitch it in a bin – recy - BIN Size” is Extra Large there is work stability elements. The organics pro - cle what you can if you know what is to be done. You need to reduce the gram will offer further waste diversion OK and supposed to be included. Today “Total Excess Volume”! and your plan should be well thought big changes are underway with service out. It can be “messy” so be sure resi - fees and the implementation of Take a deep breath and then undertake dents will embrace it – what are the Organics diversion in Toronto. a review! How might resident and staff maintenance and cleaning staff roles roles and interaction be redefined? Is a going to be? Toronto Boards, Property Managers prompt Board meeting in order to dis - and all residents are facing substantial cuss various options and views? Waste Diversion changes. For the less What are your regulatory obligations? proactive buildings a major “wake up Many CCI members who are your call” is being faced, now that the bills peers may be able to help you. With the evolving City of Toronto Act are arriving! & Provincial Ministry of the Environ- Begin by assessing the available build - ment announcements pending, our The notion of Organics Diversion has ing space to drive waste reduction. advice is to consider whatever waste many scratching their heads; a clever eiversion improvements to you can The traditional selection of “default strategy will be needed for this program achieve now. This is prudent regardless garbage” will need to be rethought. Use to work! What are Board, resident, of who is providing your bundle of common sense, survey the building – management, maintenance and clean - services. The City has clarified its’ posi - what do the options look like now? As ing staff roles going to be? Change will tion and as the package they have cre - you consider building space renovations not happen overnight. Each building ated is comprehensive you are making to improve “convenience” and minimize will have to develop a unique strategy an “all or nothing” commitment. If you waste, plan for Recycling, Organics & understanding the delicate “balancing “Opt Out”, then request to “Opt Back Storage for Large Bulk items all of act” required – then quickly move to In”, there are conditions and potential which are free City services. implement a program. consequences. Older buildings could have extensive and costly renovation Think outside the box and consider a Ignored, your garbage costs will remain requirements to meet the New and consultation if you are overwhelmed. higher – embraced, the opposite can Redevelopment Standards! become the new reality. Many have changed to, or are consider - ing, Private Service. What are the costs If you decide to shop private service get Conduct a Basic Review & long term implications of severing complete and guaranteed prices for the relationship with the City? What equivalent services. If the new Water & Solid Waste are the new Organics regulatory reali - Management Utility Bill has arrived ties? Be sure to undertake complete Be prudent regarding long term con - you may be in for a quite a shock. In pricing comparisons, include all costs tractual commitments and insure you the event you have still not received one and compliance variables. Be sure you are assessing the following: it will be for quite a number of months. do your due diligence before you sign Check to insure it is correct; is the num - a contract for outside service! Currently • Waste collection with compliant final ber of suites being credited accurate? commodity markets are fragile and disposal.

Spring 2009 the condo voice 55 • Recycling collection – what bin types and these bulk bins, STOP that now! – where does material go? Request You are being billed as if all materi - assurances. als were compacted at a 3:1 ratio – this will save big bucks! • Bulk item collection – (furniture, beds etc.) The City plan is for you to • Some type of container will be need - create a storage area for “soft” non- ed for Organics, maybe smaller ones compacted, hand load collections. for inside will help. (Stuff that will not be landfilled.) • Comprehensive quality chute sys - • Organics collection offers further tem/compactor redesigns with sorters waste diversion but it is difficult to may offer your best long-term option ensure a viable long-term collection – consider innovative solutions! and processing option is going to be • What containers do residents have in available. the units for easy separation of dif - ferent material streams? It starts here — “the key element of plan”! — Board Management Plan of Action recycling/organics/waste. Space is the challenge, especially in small To start the processes get a note book, Perhaps a consultant is worth some suites. Innovative reduced size waste digital camera and conduct a “walka - consideration for this – it may be bags will reduce costs. (see attached bout site review”. money very well spent! inset picture) Try to step back and observe how the From the Corporation: For the Owners: current conditions in your building are helping residents to “do the right • Keep a record of garbage bins set out • The City is giving every unit thing”? Are they easily able to “conve - for collection? Insure they are filled? Recycling “Hard” Blue Bin or “Soft” niently” separate materials? Do they Is a Compactor bin “Lid Hold Down bag. Many now have “soft” shopping know what to separate? As you review Bar” being used to maximize load - bags - consider ordering the Blue recycling that exists now, think about ing? Traditionally the mentality has Bin, with handle. These might be how Organics will work? What roles been “out with the bins” let’s keep it “unit numbered” and transfer easily are residents, staff & management play - clean. Gone! with a resident / staff team effort. They nest (inside each other) and ing now? How should these roles • Is your equipment (compactor, vari - stack atop – several high. It’s a “no change? Will you use various bins ous bins) functioning properly & brainer” for chute based operations inside or outside – or both? “user friendly?” Perhaps a “tune-up” and with clever planning can work or system upgrade is in order? What messages, infrastructure and with “depots” too. material handling protocols, currently • Have you taken advantage of the free exist? What can be improved? What City materials – Superintendents about communications; repeated so that Handbook, bin stickers, posters & the message “sinks in”? Be sure to take multi-language flyers? Start by advantage of the “Free City Materials”. reviewing the handbook as a guide. Some unique site specific signage may • Consider advice from others you also be required. know who have succeeded. Attend sessions to hear from experts and Remember the expression “a picture is understand case studies. worth 1000 words”! Bring that to life with a volunteer craft project to create • Are garbage containers still dominat - a “story-board” by using actual visual ing the building landscape with no samples of the various recyclable mate - other options in sight? Ideally rials! Styrofoam and plastic bags are “Twinned side-by-side Bins” – waste now recyclable. This will overcome being smaller yet handy, thus easy to language issues, create a sense of com - separate. This will drive recycling munity and develop a spirit of “team rates upward. participation” while simplifying the • The “hand loaded” collection of “re- message. Keep these visible; maybe in usable” large items will need space the laundry room or other high traffic too – dumpsters are being phased out. and common areas? If you are using both compactor bins

56 the condo voice Spring 2009 • As your building comes Additional materials will be online for Organics collec - added in stages with the tion (during next 18 inclusion of: T.V. & comput - months) a small kitchen er monitors; pharmaceuticals; pail will be supplied for tires and many other materi - every suite. Should we als over time. augment our program with small “transfer bins” – like This funding model will the ones you see in front of clearly be the protocol for houses on collection day? HSW. Something similar may evolve for recycling, replac - • Often only a large garbage ing the current 50% - 50% bin exists now – maybe it industry taxpayer cost shar - is the only thing in the ing model. suite. The city is supply - ing two containers – con - This would positively impact sider a simple cheap space Municipal program costs! efficient “Bag Hangar” for the small This spring a series of announcements amount of trash! Now all “three on proposed changes are forthcoming. The task ahead is challenging – take a streams” are “Equally Convenient”! Among them is Extended Producer comprehensive approach and invest Responsibility (EPR) - taxes would not once wisely! It starts in the suites – if it fails here you pay for handing of materials – industry will. This is aimed at incenting produc - have missed the most important step in Doug King, Metro Group - 416 678 2428 the entire process! ers to reduce packaging by design, and [email protected] take responsibility for what they put Provincial Updates into the market. Peel Region – Update This year Peel began a transformation to January 60 day “comment period” Many Hazardous “Special Wastes” Front Loader bins for recycling as Toronto and others are, to save collection costs. ended for the most substantial changes (HSW) will be 100% industry funded. Implementation will be by area and take a to the 3 R’s Recycling regulations since Models include “return to retail”; while. It has started in Brampton and pock - inception in ’94. depots and/or private / public collec - ets of Mississauga. The process will be tion & processing systems. Consumers phased in over time. You should be sure you On February 26th at the Ontario Waste have prepared your building storage space to pay at the cash register. I Management Association (OWMA) adjust to this collection system upgrade . AGM Environment Minister Gerretsen Items include Light bulbs/tubes as well commented on pending changes to the as batteries and electronic wastes - Waste Diversion Act. phase one is underway!

Spring 2009 the condo voice 57 58 the condo voice Spring 2009 Members’ Corner Mark Your Calendars

Welcome to the following new CCI Directors Toronto and Area Chapter

GORDON CHONG SALLY THOMPSON DDS M.Sc. P.Eng Now for the

Gordon Chong is a Sally is the practice 13th Annual dentist by profes - leader for Property sion. After an intern - Condition Assess- CCI-T/ACMO ship at the Hospital ment at Halsall for Sick Children and 13 years in full- Associates Limited. Halsall, a leading Condominium time practice, he became a municipal Canadian consulting engineering firm, politician. He was elected to the former has over 275 employees with offices in Conference Metropolitan Toronto Council and Ontario, Alberta, British Columbia, taking place at the Toronto City Council, serving for 3 Dubai and the Cayman Islands. Their terms. areas of expertise include building Markham Hilton Suites Hotel restoration engineering, cladding engi - and Conference Center In between and after leaving office, neering, building science, green build - Gordon was the Chairman of the for - ing consulting, structural design and on mer Greater Toronto Services Board, property condition assessments (includ - Friday November 6th and Chairman of GO Transit, Vice-chair - ing Reserve Fund Studies and man of the TTC; Chairman of the for - Performance Audits for Condomin- Saturday November 7th, 2009 mer Metro Toronto Housing Authority iums). and the Founding Chairman [retired] of the Social Housing Services Sally obtained her Masters Degree in Corporation [SHSC], serving for 5 Structural Engineering from Queen’s years. University in 1991 and is a licensed Professional Engineer in Ontario, SHSC is a provincial statutory corpora - Alberta and British Columbia. Sally tion established to provide bulk pur - has been with Halsall and working with chasing services to housing providers Condominium Corporations since like the Toronto Community Housing 1990. She is also a Director of Halsall’s Company, which manages Regent Park. parent company, Ethos56 and President SHSC, through a subsidiary [SHSCFI], of a sister company Buildingweb which also invests the providers’ capital provides web-based reserve fund plan - reserves through a professional invest - ning software. Sally is a member of the ment manager. Investments in equities Board of Directors of CCI Toronto. are permitted by legislation. Sally, a noted speaker at condominium Currently, Gordon is the President of conferences and courses including the Visit the conference website at York Mills Place, a 134 unit condo in annual ACMO/CCI Conference, has a the Yonge and York Mills area of reputation for presenting clear and www.condoconference.ca for further Toronto, as well as a volunteer Board common sense answers to today’s chal - details as they become available. I member of ParticipACTION and the lenging questions. YMCA of Greater Toronto.

Spring 2009 the condo voice 59 Members’ Corner

IN MEMORIUM Bernice Edith White

Bernice passed away on Tuesday February 3rd, 2009 after a brief, intense and valiant battle with cancer. She was the beloved wife for 44 years of Ross White and loving mother of Amanda Walker and Michelle Jeans.

Prior to her retirement, Bernice was a former officer and director of the Canadian Condominium Institute. Bernice taught the Effective Meetings course through CCI for several years and was known as an excellent lecturer who could hold an audience’s attention. She will be remem - bered by hundreds of condominium directors and proper - ty managers for teaching them how to properly run every kind of condominium meeting.

Bernice was also a well known artist for her North American landscape subjects and was a member of a number of artistic societies

Bernice was an exceptionally warm and friendly person who was well-known and well-liked throughout the con - dominium industry.

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Upcoming Events Mark Your Calendars

Springfest 2009 While at Springfest, be sure to visit the CCI Booth in the Trade Show area and also to attend the following CCI Sponsored seminar, taking place from 10:00 a.m. to 11:00 a.m. Date: Wednesday, April 1st, 2009 Location: Metro Toronto Convention CCI Toronto Seminar - Managing Your Most Important Health and Safety Center Risks North Building 255 Front Street West This session will assist you with the most important risks which can give rise to government orders, work stoppages and OH&S or potential Bill For more information visit the C-45 criminal prosecution. The speakers, a Professional Engineer/OHS Consultant and an OHS lawyer/former OH & S Prosecutor, will address show website at: common scenarios and questions including: dealing with multiple contrac - www.pmexpo/Springfest tors at the same construction project; health and safety program funda - mentals such as minimum training required and JHSC requirements; what to do if there is a workplace accident; protecting management, boards of directors and others from risk and liability. Presented by Gina Cody and Jeff Jeffcoatt, Construction Control Inc. and Cheryl Edwards, Heenan Blaikie LLP.

NEW!! – Condo 201 Course – Governance and Unit Owner Rights

Date: Saturday, April 18th, 2009 This ½ day course will teach directors all they need to know about prop - Time: 9:00 a.m. until 12:00 p.m. er Governance issues and how to ensure a well functioning Board. This is a ‘must-attend’ session for any new Director or for any owner consid - Location: Novotel North York Hotel ering running for a Board position. Cost: $75 for CCI Members and $125 for Non Members For further course information, to download registration forms or to reg - ister online, please visit www.ccitoronto.org/Education

CCI Toronto Level 300 Course

Dates: Thursday, May 7th, 14th, 21st Designed for the dedicated condominium director, the CCI Advanced and 28th, 2009 course will run for four consecutive Thursday evenings from 7:00 p.m. Time: 7:00 p.m. to 10:00 p.m. to 10:00 p.m. beginning May 7th, 2009 through May 28th, 2009. Upon completion of the course, participants should understand all aspects of Location: Novotel Hotel North York reserve funds, major repairs and replacement, financial management, 3 Park Home Ave. common problems and solutions, legal responsibilities… and in the last Cost: $200 for Members session, learn about mediation/arbitration and the new enforcement reme - $275 for Non Members dies available under the Condominium Act, 1998.

To register for this CCI Toronto event and/or to obtain further informa - tion, please visit the website at www.ccitoronto.org/Education

62 the condo voice Spring 2009 New Members CCI Toronto Welcomes the Following New Members

Corporate YRSCC # 1090 Professional New Trade Members L.A. Construction Members YRSCC # 1127 Members Liviu Acatrinei Anderson Lock & DSCC # 0222 YRSCC # 1128 Linda Hollyoake Security Inc. Marathon Cleaning Scott Young HSCC # 0539 YRSCC # 1132 Brookfield Residential Corporation Services Ltd. MTCC # 0907 Brock Home Improvement Tom Vyriotes MTCC # 0989 Products Inc. Individual Jeff Rodin Michael Nolet MyCondoWebpage.com MTCC # 1085 Members Nacora International Gabby Feldman Insurance Brokers MTCC # 1341 Canadian Safety Anchor Inspections Simerra Property PSCC # 0814 N. Farquharson Baher Mikhail Bambi-Lynn Management Ltd. W. Yarlett Right At Home Realty Inc. PSCC # 0837 Janice Pynn TSCC # 1643 N. Elgar Robert Durkho DRG Painting Group Spring Flowers TSCC # 1654 D. Starkey Trustlink Property Dan Glugosh Landscaping Ltd. S. Mogford Management TSCC # 1798 G. Edick & Sons Landscape Tim Cekrezi Sean Allman TSCC # 1918 S. Allen Contractors Ltd. Halsall Associates Ltd. TSCC # 1956 D. Vallery Carol Edick Vertical Network Solutions Inc. TSCC # 1961 Diana Carr Halsall Associates Ltd. Galaxy Fire Protection Inc. Robert Quintana

Spring 2009 the condo voice 63 Total Security Solutions for Condominiums • Visitor entry phones • Access control • Video surveillance • Hands-free parking control • 24/7 alarm monitoring

Lorne Middleton Phone: 905-206-8458 Manager, Sales & Operations, Central Ontario Fax: 905-206-8486 [email protected] 5201 Explorer Drive www.chubbsecutiry.com Mississauga, Ontario L4W 4H1

www.EarthHourCanada.org

64 the condo voice Spring 2009 CLASSIFIED List of Advertisers

A.R. Consulting ...... 50 ACMO ...... 19 Adams & Miles LLP ...... 64 Atrens Counsel Insurance Brokers Inc...... 66 Atrens Management Group Inc...... 10 Ben Engineering Inc...... 8 Brady & Seidner Associates Ltd...... 36 Brokers Trust Insurance Group Inc...... 46 Brookfield Residential Services ...... 34 Brown & Beattie Ltd...... 46 Carma Industries Ltd...... 35 Certified Clean Air Services ...... 29 Chubb Security ...... 64 Condominium Living Management ...... 13 Connoisseur Painting ...... 12 Construction Control Inc...... 68 CPL Condominium Design Interiors ...... 42 Criterium Jansen Engineers ...... 58 Davroc Consulting Engineers ...... 40 Donna Swanson Real Estate Brokerage ...... 38 Dryerfighters ...... 48 D-Tech (Nexus) ...... 23 Enbridge Electric Connections ...... 20 Enbridge Gas ...... 61 Enerplan Building Consultants ...... 58 Enhanced Management Services ...... 44 Fine & Deo Barristers & Solicitors ...... 2 Firenza Plumbing & Heating Ltd...... 64 Fogler, Rubinoff LLP ...... 8 Four Season Duct Cleaning ...... 45 G4S Security Services Ltd...... 52 Galaxy Fire Protection Inc...... 64 Gardiner Miller Arnold LLP ...... 7 Genivar ...... 46 Gerald R. Genge Building Consultants Inc...... 54 GSA Property Mana gement Specialists Inc...... 50 Gulesserian Associates Inc...... 64 Heenan Blaikie LLP ...... 8 Holman Insurance Brokers Ltd...... 54 Horlick Levitt Barristers & Solicitors ...... 54 ICC Property Management Ltd...... 30 J. Edick & Sons Landscape Contractors Ltd...... 64 J.J. Molnar Realty Advisors Inc...... 32 Larlyn Property Management Ltd...... 36 M & E Consulting Engineers Ltd...... 24 Maple Hill Tree Services ...... 54 Maple Ridge Community Management Ltd...... 31 Mareka Property Management Inc...... 63 Markham Garage Doors ...... 53 Martin K.I. Rumack Barrister & Solicitor ...... 6 Maxium Condo Finance Group ...... 50 Metro Group of Companies ...... 57 Miller Thomson LLP ...... 23 Morrison Hershfield ...... 8 MyCondoWebpage.com ...... 53 Nadlan-Harris Management ...... 48 Ontario Screen Systems Inc...... 48 Premier One ...... 66 Professional Choice ...... 46 Pro-House Management Ltd...... 60 Provident Energy ...... 16 Rikos ...... 44 Rogers ...... 67 Royal Grande Property Management Ltd...... 15 Samuel Property Management Ltd...... 48 ScotiaMcLeod ...... 58 Simerra Property Management Inc...... 65 SR Wise Management Inc...... 58 Stratacon ...... 18 Summa Property Management Inc...... 50 Suncorp Valuations Ltd...... 64 Vertical Network Solutions Inc...... 11 Training Wheel ...... 36 Waste Solutions Group ...... 36 Whiterose Janitorial Service Ltd...... 32 Wilson Blanchard Management Inc...... 47

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