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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.