Condominium News and Views

To the Members and Friends of The Chapter • November 2013

A High-Rise Condo Complex Goes Totally Non-smoking

In June 2013, one of the ’s earliest high-rise condo complexes voted overwhelmingly to adopt a totally smoke-free environment - not just in the common areas, but in all individual living units and balconies as well. It was a bold step, and one of the first of its kind in . The Board of Directors thought that other Boards and Owners may be interested in knowing how this was done. The following is a brief description of the steps that were taken, some of the bumps in the road, and how the issues were resolved by everyone as matters progressed.

A few obstacles were very apparent from the beginning. A 75% endorsement of those attending the next Annual General Meeting was needed to amend the by-laws. The Board was fairly confident that could be achieved. However, an 80% endorsement of all of the Owners, even those not living in Manitoba, was required to amend the Declaration.

The Board embarked on a campaign to achieve both of these objectives. Board minutes during the winter outlined the plan, the Board’s unanimous endorsement of it, and outlined three points that were critically important:

• The adverse effects of inhaling second-hand smoke are beyond dispute; • Careless smoking poses a fire hazard to all residents and visitors; • Legal advisors across the country are warning Boards and Owners that they may be financially liable for failing to protect non-smokers from the effects of drifting second hand smoke

That started the discussion amongst the Owners in the hallways, the elevators and by telephone. The most important thing was to get people talking about the issue. The Board was convinced that if Owners started to think about it, they would be supportive. However, we still had to get them out to the AGM, and we still had to reach out to those who didn’t normally attend meetings or lived elsewhere. Property Tax The devil, of course, is always in the detail. Were we just going to end the right of long-standing Campaign owners to smoke in their homes? Should we agree to some sort of transition period? If so, what would Thank you to all of our volunteers who have that look like? And for how long? Should some been assisting the campaign! Condo owners units be grandfathered, perhaps with a requirement have been distributing flyers, making phone that they use a filtration system? If so, what sort of calls and sending emails in support of the filtration? What about units leased out to tenants? campaign. For an update on the recent And how do you enforce all of this? communications with our Provincial Minister of Local Government, please see page 6 & 7. …Continue reading this article on page 4 & 5

INSURING YOUR CONDOMINIUM PAGE 10 • Prevention of Slip & Fall Accidents PAGE 12 CONTENTS KEEP US UPDATED

PRESIDENT ’S REPORT...... 3 The CCI Manitoba News and Views newsletter is published and distributed to members on a quarterly basis. It would be a tremendous help if contact persons from member A HIGH -RISE CONDO corporations ensure that the CCI Chapter Administrator is provided with updated COMPLEX GOES TOTALLY information whenever there is a change of Management Company, quantities required NON-SMOKING...... 4-5 and distribution address, etc. Please call, mail, or email this information to the Chapter Administrator as listed on the back page of this publication. Thank you in advance for NEWS ON THE your assistance! CONDOMINIUM PROPERTY TAX FAIRNESS CAMPAIGN...... 6-7

OUR NEW REFERRAL PROGRAM..... 8 WINNIPEG REALTORS 2013 TECHNOLOGY INSURING YOUR CONFERENCE AND TRADESHOW CONDOMINIUM...... 10-11

PREVENTION OF SLIP & FALL ACCIDENTS...... 12-13

2013-2014 LUNCH & LEARN PROGRAM SCHEDULE...... 14

PROFESSIONAL & SPONSOR DIRECTORY...... 15

DIRECTORS & COMMITTEES...... 16

All contributed articles must be original work. It is understood that submissions may be reprinted and; all previously published works must be accompanied by the publishers’ authorization to reprint. Authors are responsible for their expressed opinions and for the authenticity of all presented facts in articles.

CCI Manitoba reserves the right: to edit contributed articles for clarity, length, unwarranted attacks and libelous content and; to refuse to publish any contributed article.

CCI Manitoba does not necessarily On October 3, 2013 CCI Manitoba set up a booth at the Winnipeg Realtors Technology endorse or approve statements of fact or opinion made in this publication Conference and Tradeshow. The event was very well attended with over 300 Manitoba and assumes no responsibility for Realtors. We wish to thank our Board Member, Catherine Schellenberg of RE/MAX those statements. Readers should professionals, who volunteered her time to work the CCI booth in the Exhibitor’s Hall always obtain expert advice on alongside Millanne Baxter, our Chapter Administrator. As this was our first time attending specific situations. the annual tradeshow, we did not know what to expect and were pleasantly surprised All advertisements are paid advertising by the number of Realtors that showed interest in obtaining a CCI Membership. We and should not be perceived as being welcome and look forward to building relationships with our new real estate members! endorsed by CCI Manitoba Chapter.

MANITOBA CHAPTER NOTICES

MANITOBA CHAPTER P.O. Box 2517 • Our NEW Referral Program will allow us to Winnipeg, MB R3C 4A7 give back to our members 204-794-1134 [email protected] • Our Newsletter and Website have a new www.cci.ca/Manitoba look, let us know what you think

• Facebook and Twitter coming soon

PAGE 2 CCI MANITOBA CHAPTER President’s Report

s this will be my last President’s Report, I would like to November 21st, 2013 and will be on Insurance which is always a take this opportunity to thank all of our members for their very controversial issue in condominiums. Please be sure to register A support over the past few years. I would also like to thank early as we expect a large attendance for this session. the property management firms that help with the distribution of the Condominium News and Views on our behalf. Please see page 6 & 7 for an update from Paul Hesse on the Property Tax Fairness Campaign, or visit our website In our August issue we mentioned that we had taken a look at www.cci.ca/Manitoba for more information. our administrative requirements and had hired Millanne Baxter as our Chapter Administrator. Millanne has been extremely busy CCI National has formed a new National Education Committee these past three months with setting up her office and working with and as the National Representative from Manitoba, I will be the different committees as well as participating in this Committee. CCI National. This position has The first meeting of this new gone from a part time to almost a committee was held on October full time position. 1st, 2013 via conference call.

Over the past month CCI Manitoba I am pleased to announce that As we go to print we are has implemented a number of we will be launching our new preparing for the Annual General new procedures and guidelines website this month so make Meeting which by the time you to ensure that all documentation read this newsletter will have produced by our Chapter meets sure to check it out! already been held. the standards expected by our constituents. We are also working I am pleased to advise you that on establishing document templates Carla Steidl has agreed to be the and marketing guidelines. Our new new Chairperson of the Newsletter Administrator has a background in marketing which will greatly assist Committee and I have agreed to work with her on this committee. As us in implementing these procedures and guidelines. you may have noticed our newsletter is now printing in full colour, and I am pleased to announce that we will be launching our new website Our committees are all back hard at work after a summer break. this month so make sure to check it out! Our first Lunch & Learn session Board Orientation/Development: “How to Train Your Board” was held on September 19th, 2013 and JANE LECOURS, PRESIDENT was very successful. Our next Lunch & Learn session is scheduled for Stevenson Management Services Ltd.

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CCI MANITOBA CHAPTER PAGE 3 A High-Rise Condo Complex Goes Totally Non-smoking

n June 2013, one of the Winnipeg’s earliest high-rise condo That started the discussion amongst the Owners in the hallways, complexes voted overwhelmingly to adopt a totally smoke-free the elevators and by telephone. The most important thing was I environment - not just in the common areas, but in all individual to get people talking about the issue. The Board was convinced living units and balconies as well. It was a bold step, and one of that if Owners started to think about it, they would be supportive. the first of its kind in Canada. The Board of Directors thought that However, we still had to get them out to the AGM, and we still other Boards and Owners may be interested in knowing how this had to reach out to those who didn’t normally attend meetings or was done. The following is a brief description of the steps that lived elsewhere. were taken, some of the bumps in the road, and how the issues were resolved by everyone as matters progressed. The devil, of course, is always in the detail. Were we just going to end the right of long-standing owners to smoke in their homes? 200 Tuxedo Avenue is similar to many of the early condominium Should we agree to some sort of transition period? If so, what complexes in Canada: well located, high quality construction, but would that look like? And for how long? Should some units be built in an era of widespread smoking in society. Attitudes have grandfathered, perhaps with a requirement that they use a filtration changed since then, but there remained an unspoken assumption that system? If so, what sort of filtration? What about units leased out to people were entitled to smoke in their units. After all, that is their tenants? And how do you enforce all of this? home. There was, however, one huge issue: smoke “drifts” down hallways and along exterior walls from balcony to balcony, entering The issue was researched extensively. Two articles were other units where Owners want nothing to do with cigarette smoke. particularly helpful, and other Boards may wish to take a look at them. The first was written by James Davidson, a lawyer During December 2012, the Board of Directors at 200 Tuxedo specializing in condominium law. He noted that: the issue was tabled the issue for discussion rising across Canada, Boards at a regularly scheduled Board ignoring it do so at their own meeting. The issues were simple: financial peril, and that it would does the Board have a view on be wise to grandfather current whether the Corporation should We feel a balance needs to be smokers. His article can be found move toward a smoke-free at: CCI REVIEW, National Edition, environment? And, if the Board struck between the preferences Fall 2012, at p. 10. The second was supportive, what was the of smokers and the rights of is a “Condo Association Guide” best guess on how other Owners non-smokers to live in a smoke- published by the Boston Public would react? The Board arrived at Health Commission. It was made firm conclusions on both points: it free environment. possible by funding from the U.S. unanimously endorsed moving to a Department of Health and Human smoke-free environment. The best Services, and tracks all of the assessment was that other Owners health and financial issues raised would be supportive - although in connection with initiatives of this what the level of support would be was the subject of some debate. sort. It can be accessed online at: bostonsmokefreehomes.com. The Board instructed that its solicitor prepare the necessary papers The Board debated all of the issues at considerable length. to achieve this objective. Eventually, it reached unanimity, and issued the following written notice in early May: A few obstacles were very apparent from the beginning. A 75% endorsement of those attending the next Annual General We feel a balance needs to be struck between the preferences Meeting was needed to amend the by-laws. The Board was fairly of smokers and the rights of non-smokers to live in a smoke-free confident that could be achieved. However, an 80% endorsement environment. To accommodate everyone, we have concluded that of all of the Owners, even those not living in Manitoba, was there should be the ability to “grandfather” smoking units for a required to amend the Declaration. That was going to be tough. short period of time, providing that the owner acquires and uses A communication strategy was needed - one which reached out to an effective filtration system to ensure that smoke does not drift everyone, and explained the rationale behind the motion. There into the hallways or other units, providing the Board approved the is a basic rule where you want to change a law or a firmly based plan proposed. practice: you have to explain why it should be changed, and make the case in a way that is convincing. The main elements of this proposal are the following:

Over the next several months, the Board embarked on a campaign • The entire building, including owners’ units, will become to achieve both of these objectives. Board minutes during the winter smoke-free effective July 1, 2013; outlined the plan, the Board’s unanimous endorsement of it, and • Owners can apply for an exemption for their unit, to a outlined three points that were critically important: maximum of 2 years; • Those seeking an exemption from the Board must undertake • The adverse effects of inhaling second-hand smoke are to purchase an effective beyond dispute; filtration system, and use it; • Careless smoking poses a fire hazard to all residents and • If an exempted owner is suspected of violating the terms of visitors; the exemption, the air will be tested at the expense of the • Legal advisors across the country are warning Boards and exempted Owner, and the exemption may be cancelled; Owners that they may be financially liable for failing to protect • If an exempted unit is sold to someone else, the unit non-smokers from the effects of drifting second hand smoke automatically becomes non-smoking.

PAGE 4 CCI MANITOBA CHAPTER Spring arrived, and the AGM was set for June 19. The Board was still confident that the vast majority of those in attendance at the AGM would be supportive. However, the Board worried about the 80% vote that was required of everyone, whether at the meeting or not. At the last AGM, only 65% of all Owners were represented at the meeting, either in person or by proxy. That level of participation would kill the initiative. The communication strategy to Owners had to be kicked up.

Board members talked informally to people in the hallways and in the elevators. On June 12, a gentle reminder was sent out to residents, noting that the motion could be defeated simply through Winnipeg’s a lack of participation. Several days later - on June 17, just 2 days before the AGM - a further and even more gentle reminder went out to Owners residing in the building. Leading Then something happened that initially worried Board Members; ironically, however, it ended up helping the motion. An anonymous poster went up in the building. It made two points: the second Condominium hand smoke issue was a “farce”, as the tobacco chemicals that may reach your unit are too low to measure. Second, a smoke-free vote will drop property values. This poster, however, ended up having a galvanizing effect among Owners. Many residents were Managers outraged. Virtually no one believed the two points that were made by this unhappy, anonymous poster-writer.

The AGM was held on June 19, 2013. A large number of issues were on the agenda, but this was the big one. A Board member spoke to it at some length, outlining the origins of the motion, the research that had been done, the conclusions that had been reached in both the US and Canada, and the desire by the Board to keep all Owners in the loop on the issue as it progressed through its various stages. Finally, rather than ignoring the anonymous poster, the Board member dealt with it directly and answered its allegations: the health risks are well documented by health care professionals, are measureable in hallways, and adversely affect other Owners. Moreover, the experience in the U.S., Canada generally, and Manitoba in particular, is that if a residence is advertised as smoke-free, its value increases. And, as a bonus, insurance premiums go down! The presentation concluded by noting that Board Members strongly and unanimously endorsed the motion.

A formal vote was then taken in accordance with the Condominium Act. The results surprised even the Board: 93% favoured the motion to amend the By-Law. However, as feared, the motion to amend the Declaration, which required 80% of all owners whether in attendance or not, fell a bit short. Knocking on the doors of a few Owners who had not attended the meeting soon solved that.

The results of the vote were clear: the By-Law and Declaration should both be amended to establish a non-smoking environment throughout the building, subject to Owners who may wish to seek a two year exemption from the Board.

The timelines were tight. Anyone seeking an exemption only had 11 days in which to make an application. The 11 days came and went. No applications were received. The result was this: 200 Tuxedo, with 18 floors and 94 units, became smoke-free in the common areas, in individual living units, and on all balconies, everywhere. Violators are subject to eviction or court penalties. And, from a purely practical standpoint, the ban on smoking is permanent, as it is highly unlikely that anyone in the future will be able to mount a pro-smoking campaign that will attract an 80% support level.

Bruce MacFarlane Vice President, Board of Directors, Winnipeg Condominium Corporation No. 36 (200 Tuxedo Ave.)

CCI MANITOBA CHAPTER PAGE 5 News on the Condominium Property Tax Fairness Campaign

hank you to all of our volunteers who have been assisting He went on to say that the common element charges that condo the campaign! Condo owners have been distributing flyers, owners pay is similar to the upkeep that single family homeowners T making phone calls and sending emails in support of are responsible for on the property that they own. He also property tax fairness. Thank you to everyone who has helped suggested that the significant increase in market values that so far! condominiums have experienced is a sign that the current system is fine. If flyers have not been distributed in your building yet, please contact Paul Hesse so he can make arrangements For a copy of Minister Lemieux’s letter, please visit our webiste. for delivery. It is too bad that Minister Lemieux did not agree to meet with CCI. We have been disappointed by the initial response by our There has now been a cabinet shuffle and Minister Lemieux’s provincial government. We wrote to Minister , role has been divided into two cabinet positions. Minister Provincial Minister of Local Government reponsible for is responsible for the City of Winnipeg and the property tax system in Manitoba. We requested Minister is responsible for all other local a meeting to discuss property tax fairness for governments. We have now written to both Minister condominium owners. He replied that he did not Kevin Chief and Minister Stan Struthers to request have the time to meet with representatives from a meeting. the campaign. We would like to sit down and talk about these Minister Lemieux also wrote that when issues briefly with our elected government. Manitoba increased the property tax portion Our concerns include that the same size of paid by condominium owners from 32.7% lot can be taxed 10 or 20 times higher for to 45% of fair market value, this removed condominiums than for detached homes. the “inequity” of taxing detached homes This makes little sense when housing and condominiums at density is more efficient for government different rates. service delivery. We would also like

PAGE 6 CCI MANITOBA CHAPTER an opportunity to show how condominiums often use and receive fewer public services than detached homes. We would like the chance to show that condos are usually responsible for more MEMBERS OF THE LEGISLATIVE ASSEMBLY upkeep than detached homeowners. Electoral Division List

All mailing addresses are: Legislative Building, 450 Broadway Winnipeg, MB R3C 0V8

We would also like to share examples from Manitoba’s past CONSTITUENCY MEMBER PARTY ROOM PHONE FAX EMAIL Agassiz BRIESE, Stuart PC 227 945-4698 945-5921 [email protected] and from other provinces where adjustments have been made to Arthur-Virden MAGUIRE, Larry PC 227 945-4975 945-5921 [email protected] Assiniboia RONDEAU, Hon. Jim NDP 310 945-1373 948-2703 [email protected] Brandon East CALDWELL, Drew NDP 234 945-3710 948-2005 [email protected] property taxes where services differ. Manitoba recently reduced Brandon West HELWER, Reg PC 227 945-8165 942-6613 [email protected] Burrows WIGHT, Melanie NDP 234 945-3710 948-2005 [email protected] the property tax portion paid by post-secondary education Charleswood DRIEDGER, Myrna PC 227 945-3280 948-2092 [email protected] Concordia WIEBE, Matt NDP 234 945-3710 948-2005 [email protected] Dauphin STRUTHERS, Hon. Stan NDP 103 945-3952 945-6057 [email protected] institutions. So, there are precedents for what we are requesting. Dawson Trail LEMIEUX, Hon. Ron NDP 301 945-3788 945-1383 [email protected] Elmwood MALOWAY, Jim NDP 234 945-3710 948-2005 [email protected] Emerson GRAYDON, Cliff PC 227 945-5639 942-6613 [email protected] Flin Flon PETTERSEN, Clarence NDP 234 945-3710 948-2005 [email protected] Fort Garry-Riverview ALLUM, James NDP 234 945-3710 948-2005 [email protected] This is not just a City of Winnipeg issue, this affects every condo in Fort Richmond IRVIN-ROSS, Hon. Kerri NDP 358 945-6190 945-1491 [email protected] Fort Rouge HOWARD, Hon. Jennifer NDP 357 945-4173 945-5149 [email protected] the province including municipalities like Brandon, Gimli, Lockport, PALLISTER, Brian PC 172 945-3593 945-1299 [email protected] Gimli BJORNSON, Hon. Peter NDP 333 945-0067 945-4882 [email protected] Interlake NEVAKSHONOFF, Thomas NDP 234 945-3710 948-2005 [email protected] Niverville and Steinbach. Kewatinook ROBINSON, Hon. Eric NDP 344 945-3719 945-8374 [email protected] Kildonan CHOMIAK, Hon. David NDP 343 945-5356 948-2692 [email protected] Kirkfield Park BLADY, Sharon NDP 234 945-3710 948-2005 [email protected] La Verendrye SMOOK, Dennis PC 227 945-4339 942-6613 [email protected] Lac du Bonnet EWASKO, Wayne PC 227 945-8989 942-6613 [email protected] We acknowledge that condominium owners do benefit from Lakeside EICHLER, Ralph PC 227 945-0541 948-2092 [email protected] Logan MARCELINO, Hon. Florfina NDP 118 945-3729 945-5223 [email protected] government services, such as policing and fire protection. We are Midland PEDERSEN, Blaine PC 227 945-7909 942-6613 [email protected] Minto SWAN, Hon. Andrew NDP 104 945-3728 945-2517 [email protected] Morden-Winkler FRIESEN, Cameron PC 227 945-4469 948-2092 [email protected] not asking to pay no property taxes, we are just asking to pay fair Morris Vacant Point Douglas CHIEF, Hon. Kevin NDP 314 945-1133 948-2519 [email protected] property taxes! Portage la Prairie WISHART, Ian PC 227 945-8088 942-6613 [email protected] Radisson JHA, Bidhu NDP 234 945-3710 948-2005 [email protected] Riding Mountain ROWAT, Leanne PC 227 945-0258 945-5921 [email protected] Riel MELNICK, Hon. Christine NDP 317 945-4079 945-8312 [email protected] River East MITCHELSON, Bonnie PC 227 945-0008 948-2092 [email protected] So please help us to continue to press for property tax fairness for River Heights GERRARD, Hon. Jon LIB 167 945-5194 948-3220 [email protected] BRAUN, Erna NDP 234 945-3710 948-2005 [email protected] condominium owners. Seine River OSWALD, Hon. Theresa NDP 302 945-3731 945-0441 [email protected] Selkirk DEWAR, Gregory NDP 234 945-3710 948-2005 [email protected] Southdale SELBY, Hon. Erin NDP 162 945-0825 948-2216 [email protected] Spruce Woods CULLEN, Cliff PC 227 945-5083 945-5921 [email protected] St. Boniface SELINGER, Hon. Gregory F. NDP 204 945-3714 949-1484 [email protected] Please call or email your MLA and tell them that you are not happy St. James CROTHERS, Deanne NDP 234 945-3710 948-2005 [email protected] St. Johns MACKINTOSH, Hon. Gord NDP 330 945-3730 945-3586 [email protected] St. Norbert GAUDREAU, Dave NDP 234 945-3710 948-2005 [email protected] with the property taxes paid by condominium owners. St. Paul SCHULER, Ron PC 227 945-4321 942-6613 [email protected] St. Vital ALLAN, Hon. Nancy NDP 168 945-3720 945-1291 [email protected] Steinbach GOERTZEN, Kelvin PC 227 945-0231 948-2092 [email protected] Swan River KOSTYSHYN, Hon. Ron NDP 165 945-3722 945-3470 [email protected] The Maples SARAN, Mohinder NDP 234 945-3710 948-2005 [email protected] We currently have a petition circulating. Should you wish to obtain The Pas WHITEHEAD, Frank NDP 234 945-3710 948-2005 [email protected] Thompson ASHTON, Hon. Steve NDP 203 945-3723 945-7610 [email protected] a copy of this petition please contact me at your convenience. Transcona REID, Hon. Daryl NDP 244 945-3706 945-1443 [email protected] Tuxedo STEFANSON, Heather PC 227 945-0827 945-5921 [email protected] Tyndall Park MARCELINO, Ted NDP 234 945-3710 948-2005 [email protected] Wolseley ALTEMEYER, Rob NDP 234 945-3710 948-2005 [email protected] Thank you for your support for condominium property tax Updated February 2013 fairness! You can find the contact information for your MLA here: Paul Hesse, Pitblado LLP http://www.gov.mb.ca/hansard/members/pf/electoral_pf.pdf 204-956-3561 [email protected]

Rob Giesbrecht (204) 956-3515 [email protected]

We understand condominium issues

At Pitblado Law, we learn about and Rob Giesbrecht combines over 30 years become an extension of your business. of experience practicing law with the FCCI Our collaborative approach helps designation to offer condominium owners, to create successful partnerships developers and managers reliable advice between clients and their lawyers. and practical solutions.

www.pitblado.com 2500 – 360 Main Street • Winnipeg, Manitoba • R3C 4H6 Phone: (204) 956-0560 • Email: [email protected] Follow us on Twitter @PitbladoLaw We understand

PIT_CCI_MB_Nov_newsletter_2013_1_2pg_horiz_clr.indd 1 09/10/2013 10:57:12 AM CCI MANITOBA CHAPTER PAGE 7 MANITOBA MEMBER REFERRAL PROGRAM

We are pleased to present our NEW Manitoba Member Referral Program!

First 5 Referrals: $15 Credit $15 Credit $15 Credit $15 Credit $15 Credit total Savings on Your Membership = $75

Second 5 Referrals: $25 Credit $25 Credit $25 Credit $25 Credit $25 Credit Total Savings on Your Membership = $200

Third 5 Referrals: $40 Credit $40 Credit $40 Credit $40 Credit $40 Credit Total Savings on Your Membership = $400

THE MORE YOU REFER THE MORE YOU SAVE!

The Company/Person(s) with the highest number of referrals will be presented an award at the Annual General Meeting and receive an honourable mention in the CCI Manitoba Chapter News & Views Newsletter.

The amount of your annual membership fee is the MAXIMUM credit amount permitted. Referral credits are non-transferrable and can only be used towards the following fiscal year’s membership fee. For more details please contact our Chapter Administrator at 204-794-1134 or [email protected].

PAGE 8 CCI MANITOBA CHAPTER At CCI, our goal is to form partnerships with our members to create, encourage and promote a strong condominium community in what is Manitoba’s most vibrant marketplace.

Manitoba Chapter Membership Fees Corporations 1-49 units...... $225.00 Professional Membership...... $350.00 50-100 units...... $290.00 Sponsorship Membership...... $400.00 101-149 units...... $345.00 Individual Membership...... $125.00 Over 150 units...... $400.00

As a Professional and Tradesperson servicing the condo industry, CCI gives you the ability to tap into the thriving condominium market. Don’t miss your opportunity to increase your business, receive greater recognition and more referrals to help you reach your goals. What are you waiting for? Become a CCI Member today!

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Lori Ricard, CA Partner is professional condominium management. Over 18 years providing accounting and tax services to condominium corporations, residential and commercial real estate Contact: companies, developers and property management companies. Danny Akman or edie Lipson at [email protected] 204 928 7194 204.944.9721 www.bdo.ca akmanmanagement.ca

CCI MANITOBA CHAPTER PAGE 9 adAkman_CondoNewsletter_2013-COLORIZED.indd 2 09/10/2013 9:36:39 AM Insuring Your Condominium

CONDOMINIUM INSURANCE for higher deductibles. Don’t under or over insure - Estimate the Condominium owners experience some of the best aspects of value of your possessions and update your inventory every year. both home ownership and renting. You have title to your own Remember you cannot claim for more than the actual loss to unit, as well as a share in common areas. You can be held insured property. personally liable if things go wrong. A condominium insurance policy is a low-cost way to remove some of the financial worries CONDOMINIUM INSURANCE POLICIES of condominium ownership. Comprehensive – A comprehensive policy covers for all risks that are not specially excluded IT PAYS TO COMPARE in the policy. Named Perils - A Not all condominium insurance policies are named perils policy covers only created equal, nor are they priced the same. those perils such as fire and theft, When buying a new policy or renewing your that are specifically included in current policy, you may wish to obtain the policy. quotes from a variety of sources. When you compare quotes and COVERAGE ITEMS coverage, don’t forget about Owner’s Improvements service. Good service may cost Coverage – Most policies a bit more, but it may well be have standard limits, which may worth it! not be high enough to cover upgrades to your unit. Know INSURANCE SHOPPING what constitutes a standard unit so TIPS that you can adequately insure your Discounts – Many insurers offer a variety of betterments and improvement. discounts or other incentives for policyholders. Some of the discounts offered are: Claims Free Owners Contents coverage – Note that Discount, Senior Discount (starting as low as age “special” items such as jewellery and bicycles may have 55), Non-smokers discount, Burglar and Fire alarm specified limits. Make sure the specified limit is adequate for discounts, stability discount (for living in the same home for a your needs or consider purchasing a floater. Floaters cover certain length of time), loyalty discount and even mortgage free specifically listed items for which an appraisal may or may discount. Make sure you get all of the discounts that you qualify not be required. The advantage of a floater is that usually no for! Deductibles - Consider lowering your premiums by opting deductible applies

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Thinking of Buying? Thinking of Selling? Call me today I’ll get you to find the condo TOP DOLLAR TRANSPARENT CONDOMINIUM of your dreams! for your condo! PROPERTY MANAGEMENT IN ACTION www.204-957-1007.ca

Find out how we keep unit owners / board members / developers / realtors in the loop with our complimentary management web portal. For all general inquiries VISIT WWW.IMPERIALPROPERTIES.CA/CLARITY and information about OR TALK TO US ON (204) 942-8000 advertising in the News & Views, please contact: Millanne Baxter at 204-794-1134

PAGE 10 CCI MANITOBA CHAPTER KNOW WHAT YOU OWN Home Based Business – Home-Based businesses options are An up-to-date inventory of your possessions and a record of available for both liability and property. If you are operating a their value will be helpful to you, your insurer, police and others home business make sure your broker has advised the insurer in the event of a burglary or fire. Be sure to include makes, accordingly. Failure to do so could result in a denial of coverage. models, serial numbers, or other identifying marks. Keep purchase receipts for major items. Store your inventory records VACANT PREMISES in a safety deposit box, or another secure location away from Coverage automatically ceases when a premise has been vacant your home. for more than 30 consecutive days. Know the provisions of your policy with respect to vacancy as they vary from insurer to insurer. Condominium Unit Owners Loss Assessment – The insurer will pay, up to a stipulated limit, your portion of any special Property of roomers or boarders – If you have roomers or boarders assessment that is valid under who are not related to you, their your condominium corporation’s property is not automatically governing rules and is due to a covered by your insurance policy. loss caused by an insured peril. YOUR LIABILITY TO OTHERS As well, there is a provision Store your inventory records The personal liability portion of to pay for that part of an in a safety deposit box, or condominium insurance applies assessment due to your being another secure location away at your home or anywhere in responsible for the deductible the world to bodily injury you of the insurance policy of the from your home. may unintentionally inflict on condominium corporation. It is others; or to accidental damage important that you know what you may do to their property. your Corporation’s deductibles Liability coverage does not apply are for losses, including water to injuries sustained by you or by damage so that you make sure the limit offered by your policy is members of your immediate household. sufficient to cover this potential loss. QUESTIONS? CONCERNS? JUST ASK!! Contingency Coverages – If the corporation has no insurance, When you buy condominium insurance, you buy peace of mind. or, if the insurance is inadequate (including a deductible) there is Insurance is a product like any other, and it works better when both a provision for your policy to pay for the shortfall. This provision the seller and buyer are knowledgeable. If you have questions, all varies by insurer. you have to do is ask. Please take the time to become informed and contact your insurance broker with any questions or concerns Additional Living Expense – If your unit is uninhabitable due you may have. to an insured peril the policy will provide for additional living expenses while the unit is being restored. PAMELA PYKE, Marsh Canada Ltd.

Direct Advice.

You can approach any condominium challenge with confidence when you have a powerful team behind you.

Decisive. Direct. That’s Fillmore Riley.

Mickey Rosenberg Delaney Vun Jason Roberts TEL (204) 957 8349 TEL (204) 957 8379 TEL (204) 957 8356

www.fillmoreriley.com FILLMORE RILEY LLP BARRISTERS, SOLICITORS AND TRADEMARK AGENTS

CCI MANITOBA CHAPTER PAGE 11 Prevention of Slip & Fall Accidents

Rise in claims and settlements result • Provide extra lighting in premium increases • Apply fluorescent paint to trip points or obstacles Slip and fall accidents in winter lead to thousands of serious injuries each year. The significant rise in the number of claims Record and maintain reports immediately and settlement amounts continue to result in premium increases It is essential to properly record and to maintain reports of all for all residents, otherwise known as the “occupier” (anyone with accidents and incidents because it may be months, or even physical control of the premises, including the conditions and years, before a claim is initiated, particularly with liability the activities carried on there). We all have a responsibility to losses. Careful documentation of ongoing maintenance and take care “that is reasonable in the circumstances” to ensure that other activities is evidence that maintenance is carried out and everyone visiting our homes and property is reasonably safe. in a safe manner. Comprehensive accident investigation and reporting provide evidence for a legal defence should a lawsuit Reasonable system of inspection materialize in the future. and maintenance One common defence arises when the occupier can show there The negligent or dangerous conditions that cause a slip and fall injury was a reasonable system of inspection and maintenance in place, are usually easily and quickly cleaned up or lost, so an accident and that the system was followed at the time of the accident. Slip reconstruction is recommended, including the materials and surface and falls in winter usually involve unique conditions and issues of conditions. This loss of the physical evidence makes slip and fall cases responsibility that must be proven in order to settle a case. more difficult to prove than any other type of case.

Steps to an effective winter loss prevention program include: It is critical to preserve evidence • Make regular and frequent inspections. from the accident • Report hazards immediately, do not wait for someone else to • Take photographs of the condition of the area or location report. where the accident happened • Respond quickly to changing weather conditions. • Capture the floor surface or road condition • Take immediate action when a problem or need is identified. • Record condition of shoes and clothing of the person injured • Respond immediately to complaints or observations about • Have photos of safety warning signs, which may be situated conditions. in the place of the accident • Maintain a good supply of safety products and tools. • Take a shot of surroundings even if you think the smallest • Review contracts with third party snow removal companies, details have no importance cleaners, etc. • Make sure that responsibilities of each party are very clearly Statements of witnesses have a strong value in every legal case. outlined and understood, including the criteria that trigger Get names, addresses, telephone numbers and other contact maintenance and the responsibility for detailed record keeping. information of those around when the accident happened. • Pay particular attention to procedures for clearing and salting Gathering information on who was involved or witnessed of walkways and parking lots. the accident allows details to be recorded while sill fresh in • Ensure that third party contracts have liability insurance. the memories of both the victim and the witnesses. Whether • Spot checks on the record keeping of contractors. embarrassing or uncomplimentary, relevant items should not be let out. Include a description of the injured person, including Identify temporary hazards his/her clothing and footwear; where they were going at the When a temporary hazard is identified, steps to time of the accident; encourage a medical check-up even if take until response is taken may include: the injured person prefers not to; and record what happened • Post a warning sign afterwards (i.e., the injured party was transported to the • Erect a barricade to divert visitors from the emergency room). danger • Provide a well-marked The response and actions of the occupier should also be alternative route recorded. Ensure that there are documented inspection and

PAGE 12 CCI MANITOBA CHAPTER The following includes examples of common causes for slips, trips and falls:

• Accumulation of clutter and waste • Stairs and ramps with loose or missing handrails • Improper storage of material and equipment spills • Inadequate lighting • Extension cords, conduits, cables and hoses across • Slippery, wet or icy walking surfaces • Uneven walking surfaces, including speed bumps surface walking surfaces loose and unsecured floor mats, carpets changes such as carpet to tile or level to sloped surface and coverings protrusions or depressions • Damaged or missing flooring materials • Slippery footwear

maintenance reports in place, including weather reports and are free of obstacles that may cause a slip and fall; and at the winter maintenance reports. same time, the steps you take will help to ensure you are not the victim of a slip and fall. Take care! Common causes of slip & falls can be prevented You can do your part to make sure your home and surroundings Trish Kaplan, CCI (Hon’s)

Condo & Apartment Cleaning Services Specializing in commercial cleaning of common areas and service areas.  Customized maintenance programs  Floor refinishing  Bonded and insured cleaning teams  Carpet cleaning  Capacity to service large facilities  Customized Inspections

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CCI MANITOBA CHAPTER PAGE 13 2013-2014 LUNCH & LEARN PROGRAM SCHEDULE

DATE TOPIC & LOCATION TIME & REGISTRATION DEADLINE

Thursday Insurance: Corporation vs. Owner Responsibilities 11:30 am – 1:30 pm November 21, 2013 Canad Inn Polo Park, 1405 St. Matthews Ave, Ambassador Room ‘L’ November 14, 2013

Thursday Legal Liabilities: “What you Don’t Know Can Hurt you” 11:30 am – 1:30 pm January 16, 2014 Canad Inn Polo Park, 1405 St. Matthews Ave, Ambassador Room ‘L’ January 9, 2014

Tuesday Interpersonal Challenges & Conflict Resolution 11:30 am – 1:30 pm February 18, 2014 Canad Inn Polo Park, 1405 St. Matthews Ave, Ambassador Room ‘L’ February 11, 2014

Thursday The Safer Communities & Neighbourhood Act 11:30 am – 1:30 pm March 20, 2014 Canad Inn Polo Park, 1405 St. Matthews Ave, Ambassador Room ‘L’ March 13, 2014

Wednesday Board Orientation/Development: “How to Train Your Board” 5:30 pm – 7:30 pm April 8, 2014 Canad Inn Polo Park, 1405 St. Matthews Ave, Ambassador Room ‘L’ April 1, 2014

Thursday Reserve Funds: The 5 W’s – What/Why/Who/When/When 11:30 am – 1:30 pm April 17, 2014 Canad Inn Polo Park, 1405 St. Matthews Ave, Ambassador Room ‘L’ April 10, 2014

Thursday Water Issues: One Drip at a Time 11:30 am – 1:30 pm May 15, 2014 Canad Inn Polo Park, 1405 St. Matthews Ave, Ambassador Room ‘L’ May 8, 2014

Registration fee per session: Members = $25.00 / Non-Members = $50.00

Please note that if your payment has not been received by mail prior to the session you will be required to pay by cheque or cash at the door.

See full education listings and registration form at www.cci.ca/Manitoba or contact us at 204-794-1134.

CCI ROOFTOP (Forum)

The CCI ROOFTOP Forum is our first, and currently only active Discussion Forum. This Forum discusses all aspects pertaining to the Canadian Condominium Industry in general, and the Objectives of our Society in particular. This is your place to exchange ideas, suggestions, and inquiries. It’s your discussion forum, so use it!

www.cci.ca/ROOFTOPNEW2

PAGE 14 CCI MANITOBA CHAPTER CCI Manitoba Professional & Sponsor Directory

PROFESSIONAL MEMBERS ACCOUNTANTS Lori Ricard...... BDO Canada LLP...... 204-928-7194 ENGINEERS Leo Camirand...... Stantec Consulting...... 204-928-8820 INSURANCE BROKERS Joel Davidson...... BFL CANADA Insurance Services Inc...... 204-594-0260 LAWYERS Jason Bryk...... Pitblado LLP...... 204-956-3510 Frank Bueti...... Tapper Cuddy LLP...... 204-944-8777 Doug Forbes...... Thompson Dorfman Sweatman LLP...... 204-934-2426 Rob Giesbrecht, F.C.C.I...... Pitblado LLP...... 204-956-3515 Kevin Nenka...... Tayor McCaffrey LLP...... 204-988-0397 Ian Restall...... Restall & Restall LLP...... 204-925-2525 Mickey Rosenberg, F.C.C.I...... Fillmore Riley LLP...... 204-957-8349 Paul Roy...... Roy Johnston & Co. LLP...... 204-727-0761 Delaney Vun...... Fillmore Riley LLP...... 204-957-8379 PROPERTY MANAGERS Larry Beeston, F.C.C.I...... Shelter Canadian Properties Limited...... 204-475-9090 Patricia Berry...... Stevenson Management Services Ltd...... 204-934-6245 Kirsten Bishop...... Brydges Property Management...... 204-489-9510 Brenda Brydges, A.C.C.I...... Brydges Property Management...... 204-489-9510 Donna Dagg...... Red Door Property Management...... 204-223-1982 Debra Deprez, A.C.C.I...... Stevenson Management Services Ltd...... 204-934-6206 Andrea Doerksen...... Schinkel Properties Inc...... 204-326-2640 Holly Forbes...... Brydges Property Management...... 204-489-9510 Eli Hiller, A.C.C.I...... Landmark Agencies Ltd...... 204-982-9210 Petr Kos, A.C.C.I...... Stevenson Management Services Ltd...... 204-934-6236 Stuart Plant...... The Smith Agency Ltd...... 204-287-2872 Judi Reimer...... Schinkel Properties Inc...... 204-326-2640 Adrian Schulz...... Imperial Properties...... 204-272-8799 Grant Stevenson...... A.S.H. Management Group Inc...... 204-781-3363 REALTORS Kenneth Clark...... Realty Executives Premiere...... 204-957-1007 Fred Levesque...... Maximum Realty Ltd...... 204-295-5451 Alan Reiss...... RE/MAX professionals...... 204-477-0500 Lynda Sawkins...... RE/MAX Performance Realty...... 204-781-3363 Catherine Schellenberg...... RE/MAX professionals...... 204-477-0500 SPONSORS MEMBERS ACCOUNTING FIRMS Deloitte Touche LLP...... 204-944-3625 BUILDERS/DEVELOPERS A & S Homes...... 204-256-0863 J & G Homes Ltd. (Brandon)...... 204-728-2235 ENGINEERING FIRMS Crosier Kilgour & Partners Ltd...... 204-729-4949 GENIVAR...... 204-477-6650 INSURANCE BROKERAGE FIRMS AON Reed Stenhouse...... 204-956-1070 Arthur J Gallagher (Canada) Group...... 204-631-0732 Guild Insurance Brokers Inc. (Brandon)...... 204-729-4949 HUB International Horizon Insurance...... 204-988-4800 Marsh Canada Ltd...... 204-982-6515 Ranger Insurance...... 204-925-8550 PROPERTY MANAGEMENT FIRMS Akman Management Ltd...... 204-944-9721 Astroid Management Ltd...... 204-338-4671 Brydges Property Management ...... 204-489-9510 Karma Property Management ...... 204-415-5172 Linden Real Estate Services Inc...... 204-697-0857 Marwest Management Canada Ltd...... 204-947-1200 Rancho Realty Services (Manitoba) Ltd...... 204-254-9285 Shelter Canadian Properties...... 204-475-9090 Stevenson Management Services Ltd...... 204-956-1901 Schinkel Properties Inc...... 204-326-2640 Sussex Realty Ltd...... 204-928-7056 Vionell Holdings Limited Partnership (Brandon)...... 204-726-1681 TRADES/CONTRACTORS/MAINTENANCE COMPANIES Advance Robotic Duct Cleaning...... 204-284-6390 Jani King of Manitoba...... 204-989-5925 MX Renovations Ltd...... 204-783-7619

CCI MANITOBA CHAPTER PAGE 15 Ms. Catherine Schellenberg...... RE/MAX professionals OUR 2013-2014 BOARD Mr. Adrian Schulz...... Imperial Properties OF DIRECTORS Ms. Carla Steidl...... Akman Management Ltd. Ms. Delaney Vun...... Fillmore Riley LLP Ms. Patricia Berry...... Stevenson Management Services Ltd. Ms. Kirsten Bishop...... Brydges Property Management OUR COMMITTEES Ms. Brenda Brydges...... Brydges Property Management Mr. Doug Forbes...... Thompson Dorfman Sweatman LLP • Education and Standards Mr. Robert Giesbrecht...... Pitblado LLP • Ethics Mr. Lionel Guerard...... • Finance Ms. Maureen Hancharyk...... • Legislation Ms. Doreen Kerr...... • Membership & Marketing Ms. Jane Lecours...... Stevenson Management Services Ltd. • Newsletter Ms. Pamela Pyke...... Marsh Canada Ltd. • Professional Accreditation Ms. Lori Ricard...... BDO Canada LLP • Property Tax

6 REASONS TO JOIN CCI 1 ACCESS TO EXPERTS 4 KNOWLEDGE 2 CREDIBILITY 5 LOBBYING 3 EDUCATION AT SPECIAL RATES 6 NETWORKING

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