Canada’s Most Widely Read Condominium Magazine
September 2014 • Vol. 29 #6
LEARNING CURVE Coming legislative change likely to bring education requirements
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Pet policies, owner signatures and tree clean-up PA R T O F T H E
O F
T H E
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ON THE COVER: (CLOCKWISE FROM LEFT:) Coming legislative changes are likely to introduce minimum education requirements for both condo managers and first-time board directors; a new condominium on the Baltic Sea showcases energy-saving balcony enclosures, which are commonplace in Europe; a North York development called Centrium has been cancelled, and police have arrested a lawyer in connection with missing deposits, but the initial planning application sign remains on the site.
Contents FOCUS: EDUCATION
12
16 18
A property manager’s five must-have skills By Michael Le Page How to build a New Owner's Manual By Andreea Dolnicianu Learning curve By Michelle Ervin
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DEPARTMENTS
8
The Interview Inside the alleged Centrium fraud case
24
Governance Safe and clean pet-friendly communities
28
Director’s code
32
Legal Sign on the digital line?
34
Management Property manager in the middle
38
Maintenance When a tree falls in the city
44
Development The height of residential towers
48
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EDITOR'S LETTER
Publisher Steve McLinden
Continuing education
Editor Michelle Ervin Advertising Sales Paul Murphy, Melissa Valentini, Sean Foley Senior Designer Annette Carlucci Designer Jennifer Carter
Many industry experts view lack of knowledge and understanding of what a condo is and how a corporation is run as being at the root of most condo disputes. I believe it, too, because I can certainly appreciate the learning curve new owners and directors face. Editing CondoBusiness over the past year-and-a-half has been a crash course in the complexities of the shared ownership of real estate. Although it may not have been identified as one of the five areas of focus for Ontario’s Condominium Act Review, education for managers, directors and owners alike is embedded in many of the recommendations for reform outlined by an expert panel in its stage two solutions report to the government. As the province prepares to introduce draft legislation in its upcoming fall session, CondoBusiness examines education. This month’s cover story covers existing programs, such as ACMO’s and CCI’s course offerings, requirements for managers and first-time directors anticipated in the new legislation, as
well as what the industry is doing to prepare for these changes. Plus, a pet education professional walks through how to develop effective pet policies; a condo lawyer interprets what a recent court decision means for the definition of owner signatures; and a tree maintenance expert talks preventing and cleaning up after storm damage. Continuing education, whether it takes the form of a refresher course or a seminar on an emerging industry issue, is a pillar of success across all professions. It becomes especially important during times of transition, such as the sweeping legislative reform about to occur in the condo industry. As soon as I was starting to fancy myself part expert in all things condo, the rules and regulations are about to change. The good news is: we’re all in this together, from veteran industry members to new owners and board directors. Michelle Ervin Editor, CondoBusiness michellee@mediaedge.ca
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THE INTERVIEW
A planned North York condominium project has been cancelled — and a lawyer arrested in connection with missing unit deposits — but the original development proposal sign remains on the site.
Inside an alleged condo fraud case In late August, Toronto police arrested a woman
in connection with a reported $2 million in missing deposits on pre-construction condo units in a now-canceled North York development. It is alleged that the woman, a lawyer acting on behalf of Centrust
Group, completed purchase-and-sale agreements for the project, known as Centrium, and
was meant to hold deposits in trust until the project was completed. Now, Meerai Cho, 63, is facing 25 counts each of fraud over $5,000, breach of trust and possession of property obtained by crime over $5,000. None of these charges has been proven in court. CondoBusiness asked lead investigator Detective Constable Christopher Bennoch, from the fraud office of the Toronto Police Service’s 32 Division, about the facts of the case so far.
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THE INTERVIEW
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How did the Centrium case come to the attention of Toronto police? The first victim reported July 21 of this year to the Toronto Police Service. It was reported to 33 Division; however, due to the project’s address of 5220 Yonge St. being located in 32 Division, it was then transferred to my office. What is the victim count to date? It changes every day. There are approximately 108 reportees to date. Could there be more victims who have yet to come forward? Yes. What is the total amount lost by purchasers to date? The current figure is approximately $8 million. Some of that may be returned through Brattys [a law firm that held deposits for a portion of the project’s units in trust and was expected to return the deposits it still holds in full]. Speaking of Brattys, a subsequent news report said that residential unit purchasers will recover their deposits, but not the commercial unit owners? My understanding is that residential unit purchasers’ deposits, which Brattys was holding in trust, will be returned. Can you elaborate? It appears, at a point in time which has yet to be determined, Brattys was handling a portion of the project. It was essentially a mixed-use condominium, with a two-level base and two towers rising out of the base. One would have been a hotel tower, which are the hotel units. Each unit would have been individually owned and operated as a Hilton hotel with some sort of lease-sharing agreement in place between the owners of each individual unit and the hotel, which would be operating the hotel. One would have been a residential condo tower, which are personal-use living condos. And then the base was commercial units comprising two levels of stores and restaurants. Most of the purchasers who bought the hotel and commercial units seem to be affected [by the alleged fraud]. Did that happen initially? It sounded like cheques were given to one entity and then transferred without notice to Ms. Cho. At some point, which I have yet to confirm, files and deposits appear to have been transferred. With respect to Brattys, are you aware of any deposits being returned at this point? I am unaware of that, but there is a hearing — I believe it’s for Sept. 2 — which may pave the way for Brattys to return deposits to their rightful owners.
Has anything like this case ever occurred in Toronto before? I am unaware of anything that is similar in scope, where a lawyer is [allegedly] involved to this extent. How does something like this happen? Aren’t there safeguards in place? [Without being an expert in real estate law], from what I understand, the funds being handed to the lawyer in trust is the safeguard between the builder and the purchaser, so that the money is essentially in a trustworthy location, with no interest either way. Who is most at risk of falling victim to this kind of fraud? I don’t think there’s anybody who couldn’t fall victim to this, as it was a relatively normal process. I don’t know if you’ve ever purchased a condo pre-construction, but it’s fairly simple. Once you sign the purchase-and-sale agreement, you hand over your post-dated cheques and you’re pretty well finished until the building’s built to the point of possession, and that could take two, three, four years. With the Centrium case, how much time elapsed between when the first purchasers signed purchaseand-sale agreements and when police received the first complaint? There’s a two-year period of sales, but sales started early in 2010, so four, four-and-a-half years for some people. How can condo buyers better protect themselves? One thing I would recommend is — and this may occur more often because of this incident — a buyer could do more research into the builder, the building, the lawyers involved — really every aspect of the project. I can’t think of anything outside of that, besides maybe negotiating the contract to lower your deposit; at least then you’re decreasing the amount that you could lose if something was to go wrong in the end. What steps should a condo buyer take if they believe they are a victim of fraud? I would definitely report it to police as a first step. And, depending on what evidence they have, they can always report to the [Canadian] Anti-Fraud Centre, or Tarion, being a new construction, and, depending on who’s involved in the fraud, there’s always the law society or examples like that. What evidence should alleged victims consider bringing to police, if they have it? Generally, any evidence that would support the claim that they’re making. You can provide a statement telling the story, so that we know what the story is from your point of view, and any supporting documentation, whether it be bank records or contracts or whatever the case may be. September 2014 9
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THE INTERVIEW
I don’t think there’s anybody who couldn’t fall victim to this, as it was a relatively normal process.
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What are the prospects for recovering the missing money in the Centrium case? It’s very difficult to say at this point. The investigation is ongoing and tracking down the money is a primary concern. Do you believe the accused acted alone? Are there other persons of interest in this case? There are others, as part of the investigation, but until information is gathered, right now, it’s just her [Ms. Cho] facing the charges.
C
M
Do you anticipate further charges? I do anticipate further charges.
Y
CM
MY
Could something like this happen again? CY It’s difficult for me to say … There’s always a possibility of fraud occurring as money is CMY involved. The main thing is, hopefully, people K learn to be a little more careful, ask more questions, be inquisitive as to where their money’s going, how they’re spending their money, who’s taking their money, and maybe they can make a more informed decision. Who can persons who believe they may be victims or have information relating to the Centrium case contact? They can contact me anytime (phone: 416808-3288; email: b8840@torontopolice.on.ca).
President, M.Sc., Hons. B.A., RCM Times Property Management
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Kazi M Shahnewaz
647.887.5676 k.m.shahnewaz@condominiumliving.ca
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EDUCATION
A property manager’s five must-have skills BY MICHAEL LE PAGE
Property managers must be dexterous chameleons to
respond to the ever-changing day-to-day demands of their jobs. Arriving with a post-secondary
education, and then obtaining a Registered
Condominium Manager (RCM) designation, is just the beginning. Continuous learning is paramount and, indeed, often determines the success of property managers and the longevity of their careers. As the property management world grows increasingly complex, property managers must ensure their hard skills and knowledge remain current amid technological advancements and industry-related innovations. Equally important is the development of their soft skills. If property managers are prepared to work hard for the greater good of the communities they serve, they can enjoy the numerous rewards of the job.
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EDUCATION
What does it take? Let’s take five — five skills that contribute to a property manager’s success: 1. Communication Property management is a business built on the relationships of people. Both written and verbal communication skills are required to effectively correspond with residents, employees, trades, industry professionals and municipal officials. Professional, clear and concise communication is pivotal in meeting the needs of residents and boards.
email, to setting up an Excel spreadsheet, to facilitating a Skype meeting, tech savvy will help a property manager to efficiently meet the demands of their workload. Of these five skills, communication merits further discussion. In this community-based business, the adage that “people will forget what you said and forget what you did but they will never forget how you made them feel” holds especially true. Therefore, it is important that property managers and their companies strive to make every interaction as positive as possible. Oftentimes a condominium corporation’s documents do not allow property managers to provide a resident’s desired answer, and how managers deliver that response goes back to skill number one.
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2. Organization Property managers multitask every day and in every way. Organization and time management skills will be tested constantly, as it is incumbent upon the manager to ensure all administrative, budgetary and project timelines are met. What’s more, the property manager is at the helm of the corporation, so his or her attention to detail is paramount. Minor errors can create major problems. For example, if undetected, one incorrectly entered number on a spreadsheet could skew an entire budget. 3. Leadership Leadership is a quality that bodes well in any business and property management is no exception. The ability to lead by example with respect to fellow employees, boards of directors and all members of the community is imperative. By guiding the board of directors through key decisions, property managers can strengthen a corporation’s position, which is the goal of the property management firm. 4. Financial literacy Financial literacy, and being comfortable working with numbers, is a requirement for a successful property manager. Tasks incumbent upon the manager include: the ability to read, present and explain financial statements to the board of directors, and answer related questions, as well as complete expense analyses and budget projections and prepare the corporation’s annual budget. 5. Computer proficiency Computer skills are a necessary tool as proper t y managers are increasingly expected to deliver turnkey results. From the simplest of tasks, such as sending an
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[A property manager’s] communication skills can be enhanced by participating in various personality-type training sessions, such as DISC, Myers Briggs or Personality Dimensions.
One’s communication skills can be enhanced by participating in various personality-type training sessions, such as DISC, Myers Briggs or Personality Dimensions. These types of personality profiles are based on leading-edge research into human motivation and behaviour. The tools derived from this type of training will help property managers to understand what motivates behaviour in people with different personalities or temperaments. Greater understanding and insight into personality types and temperaments allows the individual to understand why people communicate the way they do, what creates stress for them, what frustrates them and what they value and seek. This information helps to ensure that a message, regardless of the topic, is delivered in the most successful manner. At times, it appears that condominium management is focused on the physical demands of bricks, mortar, concrete, glass and the complexities of financial statements and reserve fund studies, but the most important element, and an ever-changing one, is the people that inhabit and contribute to each community. Therefore, recognizing the importance of these interactions will be key to one’s success. As the property management industry continues to grow and evolve, opportunity abounds for those who are interested in committing to this dynamic and rewarding service industry. Take five to develop the skills required to enter, progress within, or contribute to positive change, in the industry proudly served by so many. 1
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EDUCATION
How to build a New Owner’s Manual
Many condominium corporations create and maintain a New Owner’s
BY ANDREEA DOLNICIANU
Manual. It’s a rather daunting task to add
to a corporation’s list of urgent and important action items, but there are many benefits to maintaining and distributing a well-provisioned guide to a condominium community specifically and condominium living generally. T h e N e w O w n e r ’s M a n u a l i s a p e r fe c t to o l to i n c re a s e p o i nt s of communication with owners. Moreover, using an information package to educate unit owners about their community saves the property manager time in the future. For example, the proper t y manager need not answer the same fundamental questions about condominium living , or a p ar ticular corporation, to each unit owner repeatedly, thereby freeing up time for completion of other core tasks. Property managers, together with a corporation’s board of directors, should be encouraged to develop this type of manual as a communit y’s arsenal of knowledge. What follows are tips on what information to include and how to present that information. Above all, the manual should answer the questions that unit owners are most likely to have. (For example: What am I responsible for maintaining and repairing? How do I get more remotes
for the garage? Can I paint my door? What are the visitor parking rules?) But to start, condominium living is a new concept for many new owners. As such, it is worth dedicating a section to briefly explaining how condominium l i v i n g w o r k s . T h e s e c t i o n s of t h e Condominium Act are a good point of reference for determining what topics to include. In addition to discussing condominium li v i n g i n g e n e r a l te r m s , t h e N ew Owner’s Manual should deliver specific information ab out the cor p oration, given that each property is different. For instance, the manual could define the boundaries of units and common responsibilities of unit owners, together with a disclaimer stating that owners should seek the advice of the property manager when they are unsure. Likewise, what constitutes alterations to the common elements should be described in detail, especially if the corporation has a specific policy on the topic.
All corporations also have important building-specific information, such as where the electrical panel is located, how to operate the HVAC system, where water shut-off valves are located, how to use garage - door remotes, visitors’ parking instructions, and how garbage is collected, among many other items. Another aid to unit owners is to include frequently requested documents, such as a copy of the rules, the corporation’s insurance certificate, and the budget (to help owners understand what their maintenance fees are paying for). Also provide information about the property management company and the board of directors. Unit owners should be aware of the role of property management, its working hours, typical response times to phone and written inquiries, and contact information. The type of information disclosed about the board of directors is up to that particular board of directors. Key service providers, such as the landscaping company, should be noted as well, so that
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EDUCATION unit owners are familiar with the people that they should expect to be on the premises on a regular basis. Other important telephone numbers and contact information include the parking control company and other key service providers. Last but certainly not least, New Owner’s Manuals should include emergency plans. An easy way for the property manager to communicate the fire safety plan is through the manual. And, as anyone who worked through a power outage would know, it is valuable to communicate the corporation’s power outage policy before such an event happens. In times of panic and stress, it helps to have prepared owners in advance. One aspect of this is highlighting emergency telephone numbers for the corporation, property manager, superintendent, fire department, gas company, hydro company, and others, as applicable to an individual corporation. Some of the information contained in the New Owner’s Manual will change often, so the corporation must consider this when determining the manual’s format. For example, a pre-printed booklet is harder to modify than a spiral bound copy that is
updated and printed with every welcome letter sent after a change of ownership notice is received and processed. And, given that new unit owners are unlikely to read a manual cover to cover, consider including a preface and detailed index for ease of reference. After the living document is created, the property management company can assume responsibility for updating it. However, many boards like to retain responsibility for the document, since property managers will come and go over time. A comprehensive New Owner’s Manual takes a lot of effort to prepare, from
determining what information to include to how to present it, to maintaining it. Nevertheless, a well-thought-out information package has proven time and again as a great communication, education and time-saving tool for any corporation. 1 Andreea Dolnicianu, iBBA, MSc, president, Comfort Property Management Inc. As a founding partner of Comfort Property Management Inc., Andreea is dedicated to the condominium industry and educating the general public about issues affecting the communities in which the company operates.
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COVER STORY
LEARNING CURVE 18 CONDOBUSINESS | www.condobusiness.ca
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COVER STORY
G On a Tuesday evening this past June, condo board directors and related industry types filtered into a hotel conference room. Gradually, leading up to 7 p.m., they filled in row after row of tables, each chair paired with a blue binder as a place setting, until the room was nearly at capacity. The binder’s cover read: The Toronto and Area Chapter of the Canadian Condominium Institute: Level 101 Condominium Course. BY MICHELLE ERVIN
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COVER STORY
The course is but one of the educational programs on offer for those who wish to learn more about how condominium corporations are run. They are all voluntary — for now. If the Ontario government adopts proposed changes to the Condominium Act, new condo board directors — and property managers, via separate legislation concerning the licensing of their profession — are likely to face compulsor y educational requirements once reforms are rolled out. The reform process was delayed by the provincial election this spring. With the same political party retaining power, now with a majority, the government appears poised to introduce draft legislation at Queen’s Park after the fall session begins on Oct. 20. The recommendations for education come from a solutions report — the product of a two-year Condominium Act
review — prepared by an expert panel and released last September. Armand Conant was heavily involved in the Condominium Act review. As a condominium law yer and par tner of Shibley Righton LLP, Conant participated in two of five working groups, as well as sitting on the expert panel, to develop re c o mmen d ati o ns fo r the rev iew ’s five major issue areas. Before this, as co-chair of the Canadian Condominium I n s t i t u te’s To ro nto c h a p te r ’s j o i nt legislative committee with the Association of Condominium Managers of Ontario (ACMO), he helped prepare a 120 - page legislative brief, in which CCI’s seven Ontario chapters endorsed mandatory basic education for directors. “It is clear, in every province, that the root of the issues that arise in condo corporations, the root of disputes, is a lack of understanding or knowledge of condominiums by condo owners
and condo direc tors,” C onant s ays. “ Yo u ’ v e g o t t h e s e h a r d - w o r k i n g volunteer directors coming in to run a $5 -million operating budget, [but they have] no experience running a condo corporation.” S i n c e C C I fo r m e d m o re t h a n 3 0 years ago, its core focus has been e d u c a t i o n fo r d i re c to r s . C u r re nt l y, at the centre of its programming are courses for directors, broken into three levels, star ting with 10 0. As Conant explains, the level 10 0 courses give an introduction to subjects including finance, law and management, which are each then explored at greater depth in the 200 and 300 levels. What the solutions report recommends is three hours of introductory education for first-time condo directors. The key, Conant says, will be to ensure this requirement, if adopted in the new legislation, meets three criteria.
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TRI CAN LOGO COVER STORY 538
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“It’s going to be free; you can do it in your living room 532 says if you want [i.e. it’s convenient]; there’s no exam,” C onant. “ W hat we have to balance on the mandator y education of first-time condo directors is we don’t want to scare off candidates … right now it’s hard enough to get people willing to run for the board.” Conant suspects that CCI’s level 100 course might fulfill whatever curriculum the government sets out for basic director education, but, although the organization is open to helping out, it’s not advocating that it become the sole provider of this proposed mandatory education. ACM O, c o nve r s e l y, i s h o p i n g to b e c o m e t h e s o l e provider of the education condo managers will eventually require in order to be licensed. For more than 30 years, the association has pressed for the professionalization of its industry through various means, including educational programming that now reaches as far as North Bay and Sudbury via community colleges. T he O nt ario g over nment has alre ad y c ommit te d to regulating the condominium management profession. It was able to announce the move in advance of the solutions report thanks to broad-based stakeholder support. The solutions report recommends a two-stage licensing process, which would require professionals to first meet basic criteria, including being at least 18 years old and passing a C ondominium Act test, to begin working in the field. Managers would then be required to complete courses in subjects including finance and physical asset management and clock two years on the job. The lic ensin g p ro c es s wo ul d b e over se en by a d el e g ate d administrative authorit y ( DA A ), an ag enc y work ing at ar m’s - l en g th fro m the g over nm ent to im p l em ent an d enforce legislation and regulations. Wilson Blanchard’s Dean McCabe, recent past-president of ACMO, says the educational component set out in the solutions report essentially mirrors ACMO’s educational programming. Currently, he estimates, any where from one-quarter to one-third of all condo managers in Ontario possess ACMO’s Registered Condominium Manager (RCM) designation. Alongside the DA A , he believes, would be a separate education provider, a role he believes should be filled by ACMO, similarly to the way the Law Society of Upper Canada and Ontario Society of Professional Engineers operate. “[This model] allows the industry to bring best practices to its profession,” McCabe says, “and it allows, in almost every industry, for the bar to be raised, rather than [to be lowered] to the lowest common denominator.” For now, though, the industry will have to wait and see what the Ontario government comes forward with in new legislation. A f te r t h e l e g isl at i o n is int ro d u c e d , i t w ill h ave to go through three readings and be subject to committee hearings between the second and third reading, at which point stakeholders can comment on the legislation and the committee can make amendments to the legislation. It is
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hoped that the legislation will be passed in the spring of 2015 and become law in the fall of 2015. Certain recommendations will take longer to roll out, such as the establishment of a Condo Office (if adopted by the government) and a licensing regime for managers. New legislation will demand that everyone in the industry, even veterans, update their knowledge. Once a proposed new Condominium Act is revealed, both ACMO and CCI inten d to h ost e du c atio n al ses sio ns aime d at fur ther informing their members of coming changes, as they have done throughout the process. ACMO and CCI are already drafting new educational materials based on what is anticipated in the new legislation, working from the solutions report as a rough template. Indeed, Conant and McCabe recommend that anyone interested in starting to prepare for the transition read the stage two solutions report — time-permitting; it runs around 60 pages — which is available on the Ministry of Government and Consumer Services website at http://www.sse.gov.on.ca/mcs/en/pages/condo_rev.aspx. A key issue ACMO will be tracking is what the grandfathering in of the licensing of condo managers will look like. In particular, the association is concerned with ensuring that managers who are already in the field are able to continue working while working to fulfill any requirements of the new legislation. And though the anticipated changes could be dramatic in some areas, such as dispute resolution, McCabe believes the new legislation will largely serve to formalize best practices. And a lot of that will be to simply provide more specific instructions. For example, he says, a condo corporation might be required to, instead of “keep this file,” “keep this file for seven years;” instead of “give notice,” “give 48 hours’ notice.” “People that have used the Act and complied with the letter of it, as opposed to the spirit of it, will have the greatest learning curve,” he says. Suffice to say, educational programming based on the current Condominium Act remains highly relevant for managers and directors alike. By 10 p.m. on that Tuesday last June, back at the North York hotel conference room, the three-hour level 101 course was complete. At tendees had received an over view of everything from different condominium types and the hierarchy of documents to governance and management. Audience questions were a constant throughout, most to do with material dealt with in detail in subsequent courses. It seems the more one knows about the governance and management of an Ontario condominium corporation, the more one realizes how much more there is to learn. 1
Stay up-to-date on the modernization of the Condominium Act at
416.745.7112 22 CONDOBUSINESS | www.condobusiness.ca
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GOVERNANCE
Creating a policy for safe and clean pet-friendly communities I n To r o n t o ’s c o m p e t i t i v e c o n d o m i n i u m m a r k e t , i t ’s
BY CLARK BROWN
important to be f lexible about allowing residents to keep pets, especially dogs, on the property. Of course, a condominium corporation wants to protect itself, the property owners, and any other residents, so it needs to know the laws and standard practices regarding pets in a shared community.
Read more about setting and enforcing condominium rules at
The truth is, many pet owners have the same or higher standards of cleanliness than non-pet owners, and they frequently have the same amount of — or less — property damage than their non-pet-owning counterparts. Simply owning a pet does not suggest that someone intends to be irresponsible or leave the property in disarray. In fact, many pet owners go out of their way to keep their space clean and in good repair just to overcome these stereotypes.
Allowing pets in their communities may not be the right decision for all condominium corporations, but it is cer tainly something wor th considering to keep a property’s value competitive on behalf of all owners. If a condominium corporation is open to allowing pets, its board will need to make sure that it has clear, concise leg al do cument ation to protec t the corporation on behalf of unit owners.
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Star t with a pet policy (rule) that is provided to each p et ow ner and is enforced fairly and equitably. As a member of the property management team or condo board, it is impor tant not to show favouritism when it comes to enforcing a community’s pet policy. B ar r in g s p e c i al c irc umst an c es th at d e m a n d d i f fe re n t t re a t m e n t , s u c h as a disabled resident who relies on a service animal, doing so opens the corporation up to litigation if an incident occurs or if a resident feels that they have not received the same benefits as another resident. What should be included in a corporation’s pet policy? First, it would be beneficial to specify what pets are allowed, and specifically any breeds of dogs that are not allowed. A corporation may have the right to disallow a breed where there is evidence that the breed m a y b e p r o n e to a g g r e s s i v e n e s s . Even if the board feels strongly about allowing all breeds of dogs to reside on the corporation’s property, it should check to see if the local government
a g re e s . S o m e p rov i n c i a l a n d l o c a l governments ban cer t ain breeds of dogs within their city limits. It would be helpful to include this information in the community’s pet policy to make sure that potential residents are aware of the law. A d d i t i o n a l l y, a c o r p o r a t i o n’s p et p olic y should inc lud e re quirements that residents’ pets be properly vaccinated and licensed according to local and provincial regulations, and that residents are responsible for their pets, including damages and waste. Dog owners need to understand that it is their responsibility to pick up all pet waste in common areas of the property, and to dispose of it properly. They must also be responsible for any necessary repairs or restoration caused by pet waste or activity inside or outside the residential structure. To this end, a board may want to consider charging residents with pets a pet deposit to cover these damages. A pet policy should also include the total number of allowed pets per residence.
In determining a reasonable number, take into account the amount of space in each residence. If a condominium contains residences of varying sizes, the corporation may want to avoid a onesize-fits-all policy. For example, while one dog may be the maximum allowed in a studio apartment, the same complex may include three-bedroom condos that could easily accommodate two to three dogs. However, be aware of local regulations regarding the number of allowable pets, and incorporate this information into the corporation’s pet policy. [Editor’s note: A policy of allowing different numbers of pets for different sizes of units has not been tested in Ontario’s courts; however, James Davidson, an Ontario condominium lawyer, thinks that a court might uphold such a policy as long as a board had a non-arbitrary reason for implementing it.] Next, let's take a more in-depth look at a corporation’s legal responsibilities when it comes to pet owners, and if an incident
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should happen on the proper ty, the corporation’s liability. Once a comprehensive pet policy has been established to identify what type and how many pets are allowed to live on the property, address the possibility that residents may occasionally have guests with pets, or may be asked to petsit for others. Establish rules for these circumstances. The most restrictive policy would be to disallow any visiting pets, but
this may not be practical for many unit owners and residents. So it may be in a corporation’s best interest to allow visiting pets that meet its guidelines for size, weight, number, vaccinations, and any other regulations, and perhaps to e s t a b l i s h m a x i m u m t i m e f r a m e s and number of visits. A corporation must also make clear in its policy that residents are legally responsible for all visiting pets, including damages,
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waste, and any other issues, just as if the dog was their own. [Editor’s note: If limiting the number of pets, a corporation’s policy should indicate how the rule applies to visiting pets, says Davidson. For example, if the policy specifies one pet per unit, can a unit owner host one resident pet and one visiting pet, or one pet total?] Another legal issue relating to pets in a condominium community is the inclusion of service animals. Service animals and their owners are protected by both the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act ( AODA ). The human rights code dictates that a pet can’t be prohibited if a resident requires that pet to be able to live in their unit. The test for a resident “requiring” a pet is that the animal is more than a comfort to the person, as supported by a doctor’s or nurse’s letter. However, the client service standard introduced to AODA in 2012 has perhaps changed the law, Davidson believes. Now, it might be that all owners or residents need is a letter from a doctor or nurse indicating that their animal is a required service animal. No property owner or manager can disallow service animals in any area where residents are allowed, including common areas. Most property owners are familiar with seeing-eye dogs and dogs that assist people with disabilities, but they may be surprised to learn that other animals, such as miniature horses (although less common), can be trained to assist people with disabilities. Keep these requirements in mind and be sensitive when dealing with potential residents who require the assistance of a service animal. Though service animals are not considered pets, their owners or handlers are responsible for any waste, d am a g es, or other occurrences while on the property. Likewise, whether a service animal or a pet, the owner/handler is responsible if the animal acts aggressively towards any person, whether in the resident’s home or in a common area. Property owners and managers are generally not liable for injuries caused by animals on their property. The only exceptions to this rule are if the property owner
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or manager is actively in control of the animal, or if he or she is aware that the animal has a history of being aggressive or dangerous. Residents are responsible for their animals at all times, whether the dog is inside their home or in a common area of the property. [Editor’s n o te: E l b a u m v. YC C N o . 67, w h i c h i s c u rre ntl y w o rki n g i ts w ay th ro u g h th e O nta ri o c o u r ts , h a s e sta b l i s h e d th at a c o rp o rati o n m i g ht p ote nti a lly b e he l d li a b le fo r circumstances in which the Occupiers’ Liability Act applies, Davidson says. In this case, the plaintiff has sued both the dog owner, pursuant to the Dog Owners’ Li a b i l it y A ct, a n d the c o n d o m i niu m corporation, alleging that the corporation fa i l e d to ta ke re a s o n a b l e ste p s to prevent a dog attack on the common elements. The plaintiff cited a handful of potential steps the corporation could have taken, including creating a rule that requires dogs to be kept on leashes.] When it comes to pet policies, it can be beneficial for a condominium corporation to be inclusive. That said, it still needs to ensure the cleanliness and safety of the community for the sake of residents, employees and visitors to the site. Ultimately, a policy that carefully balances these needs accordingly will help to ensure a healthy pet-friendly community. 1 Clark Brown is the CEO of PETSYNC Education Services. Founded in 2013, PETSYN C Educ ation S er vic es is committed to syncing pet safety and shared communities through e-learning for companies and individuals through cutting-edge technology on subscription model on topics ranging from the basics of pet ownership, to how to approach and work with dogs and engage with the dog loving public while on the job. Th e p re c e d i n g a r ti c l e i s exc e rpte d from the Property Managers Guide to R es p o nsi b le D o g Ownershi p © 2 014 PETSYNC Education Services LLC. Editor’s note: Special thanks goes to J a m e s D a v i d s o n , p a r tn e r, N e l l i g a n O’Brien Payne LLP, for providing advice on notes clarifying the Ontario legal context.
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Director’s code Owners rightfully expect
BY JOSH MILGROM that directors will fulfill their role ethically and in the best interests of the condominium corporation.
But what happens when a director fails to uphold a certain level of ethics or standards? A code of ethics helps ensure that directors act honestly, ethically, and in the best interests of the corporation and serves a symbolic function by illustrating to owners the board’s values. The standard of care The Condominium Act sets out the broad standard of care required of directors: directors must act honestly and in good faith and exercise the care, diligence and skills that a reasonably prudent person would exercise in comparable circumstances. While this standard may be sufficient to ensure that directors act in the corporation’s best interests in most instances, a code of
ethics expands on this general standard by citing more specific values and expectations for directors. S o m e i m p o r t a nt p rov i s i o n s i n a fulsome code of ethics include a broader definition of conflict of interest (the Act is limited to an interest in transactions and contracts); respect for democracy; zero tolerance for defamation, discrimination and harassment; continuing education; commitment to minimizing conflict; preparedness for meetings; and confidentiality of matters discussed at board meetings. A good confidentiality provision could outline that all matters d i s c u s s e d a t b o a r d m e e t i n g s a re
deemed to be confidential and will not be disclosed to any person (including spouses) unless otherwise determined by the board. All of these provisions could help strengthen the board of directors and reduce the potential liability arising from misconduct for both individual directors and corporations. However, a code of ethics without an enforcement mechanism, without any “teeth,” has significant limitations. While a standalone code of ethics can be an effective tool to set the stage for removal, unless it is enshrined by bylaw, it is unlikely to be effective in effecting the removal of a director.
28 CONDOBUSINESS | www.condobusiness.ca
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2300 Yonge Street, Suite 2900 Box 2384 Toronto Ontario Canada M4P 1E4
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CONDOLAW.TO How can a code breach lead to removal? The roles of directors and proper t y managers are challenging at the best of times; governing and managing the corporation while dealing with a director who breaches a code of ethics can be an exponentially more daunting task. This is particularly so if the corporation does not have mechanisms in place to remove a director who breaches a code of ethics, other than requisitioning a meeting to remove the director pursuant to section 33 of the Act. Section 3 3 permits owners to requisition a meeting for the purpose of removing directors before the end of their term. While this provision is helpful to remove a director in certain circumstances, a director’s breach of a code of ethics is not necessarily publicized to the owners who don’t have a seat on the board. As a director, requisitioning a meeting for the purpose of removal of a fellow director can be uncomfortable, optically challenging, and politically difficult. What will the remaining owners think of the requisition? How will a director be able to avoid defaming the fellow director? Will the fellow director attempt to canvass the owners as well, potentially sharing confidential or misleading information? Fortunately, section 56 of the Act provides that the board may make a bylaw governing the removal of directors. Many corporations with updated bylaws
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have taken advantage of this provision to prevent a corporation from being handcuffed by a rogue director without an effective mechanism for removal. Gordon v. YRCC No. 818 The recent case of Gordon v. YRCC No. 818 dealt with a provision in a bylaw governing the removal of directors. This was the first time such a provision had been challenged in Ontario, although these types of provisions have been around since the Act came into force in 2001. Director removal provisions are growing in popularity as older corporations begin to update their bylaws. YRCC No. 818’s bylaw provided that a director found to have breached the code of ethics three times will be deemed to have resigned. The bylaw also required an ethics review to be conducted by the remainder of the board to determine whether a breach had in fact occurred. The board of directors conducted the ethics review and disqualified the director. The director then challenged the validity of the bylaw and the disqualification. He
argued that only owners have the power to remove a director and that the bylaw was not valid. The court disagreed with the director and found that a corporation is entitled to pass a bylaw that empowers the board to remove a director upon a breach of the code of ethics. The Act contemplates that the majority of owners can, through bylaw, give the board the ability to effect this type of removal. Although the bylaw was upheld, the court concluded that the manner in which the ethics review had been carried out was unfair to the director. He was not given adequate notice of the ethics review or the substance of the case against him, which violated the principles of procedural fairness and natural justice. The court required the board to conduct a fresh ethics review within 90 days of the decision; one where the director would have adequate notice and information as to the case against him. Following the decision of the court, the board of directors conducted a fresh ethics review. It again found that the
director breached the code of ethics three times and should be disqualified. The director appealed the decision. The Ontario Court of Appeal upheld the validity of the bylaw, thereby confirming a corporation’s ability to implement this important protection against directors who breach the code of ethics. This decision serves as an important reminder to corporations involved in the removal of a director. With emotions running high and patience wearing thin, it is important to engage in a fair process leading up to and including the potential removal. Failure to do so could lead to the corporation being required to reinstate the director or conduct a fresh ethics review. By proactively implementing a code of ethics and enshrining it in a bylaw, boards can minimize the risk of having to deal with the distraction and potential liability associated with a rogue director. 1 Josh is an associate in Aird & Berlis’ condominium group. His practice is focused on advising condominium corporations on all matters relating to the Condominium Act.
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LEGAL
Sign on the digital line? Under Ontario condominium law, certain documents require the
BY JAMES DAVIDSON
owner’s signature or written consent. Section 46 of the Condominium Act states that meeting requisitions (whereby owners request a meeting) must be in writing and “signed” by
the requisitionists. Section 52 of the Act states that an instrument appointing a proxy must be in writing “under the hand of the appointer or the appointer’s attorney”. Section 107 of the Act states that an amendment to a condominium’s declaration or description may be approved by way of written consent from the owners of 80 or 90 per cent of the units (depending upon the nature of the amendment). These are only a few examples.
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How are such “signature” requirements fulfilled? Does this mean that the document in question must contain the owner’s handwritten signature? A recent Ontario Superior Court decision shed valuable light on this issue. In the case of Hogan v. Metropolitan Toronto Condominium Corporation No. 595, the condominium corporation planned to carry out a non-substantial modification to the common elements. The corporation therefore provided notice to the owners pursuant to section 97(3) of the Act. Owners then submitted a requisition for a meeting of owners to consider the proposed modification. Sixty-three of the owners executed the requisition forms, “19 of which were executed by indicating their names in cursive writing and 44 were executed by the writing of the owner’s name in print”. The condominium corporation asserted that the printed names were not acceptable and refused to call a meeting of owners, given that fewer than 15 per cent of the owners had signed the requisition (if one did not include the printed names). The Court ruled that the requisition was valid and the meeting should be held. In the decision, the judge concluded that the printed names of the condominium unit owners met the Act’s requirement of the document being “signed” just as much as the owners who recorded their names in cursive. The judge reasoned that the requisition forms clearly and unequivocally conveyed each condominium owner’s intention.
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So, the Hogan case indicates that a “signature” can be a handprinted name. A signature doesn’t have to be the cursive notation traditionally equated with a signature. But the case raises further questions. What other forms of signature are possible? For instance, can an email message — confirming the owner’s endorsement — constitute a signature? Or would an electronic signature (typically conveyed by email) suffice? What about a video or audio recording (electronic or otherwise)? Also, what if the owner in question is physically unable to “sign” in the traditional way? Can the owner confirm his or her endorsement by some other means? In this modern technological world, it seems that there may be many forms of signature. The key, in this lawyer’s opinion, is to be reasonably satisfied that the owner’s endorsement has been received — and recorded. Therefore, as long as it is reasonable to conclude that the owner has indeed provided a particular email message, or a particular video or audio recording (or other endorsement) — i.e. the endorsement’s integrity is not in question — it seems that a signature can be properly provided by many means. 1 James Davidson is a partner at Nelligan O’Brien Payne LLP, and has been a member of the firm’s Condominium Law Practice Group for more than 30 years. He represents condominium corp orations, their d irectors, owners and insurers throughout eastern Ontario.
September 33 13-02-272014 4:39 PM
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MANAGEMENT
Property manager in the middle Property managers often find themselves sandwiched in conflict
BY MARC BHALLA
involving members of the condominium communities they manage. While few wish to exacerbate such conf lict or take sides, it can be difficult to avoid becoming ensnared in emerging
disputes. After all, property managers can significantly — even if unintentionally — impact how these situations ultimately play out. 34 CONDOBUSINESS | www.condobusiness.ca
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MANAGEMENT
What follows are five tips for property managers who find themselves caught in between quarrelling parties: Don’t overstep the PM’s role Property managers fill a range of roles, but they should not add playing Judge Judy for bickering community members to the list. Condominium bylaws may provide property managers with a great deal of discretionary power — for example, the power to define what constitutes a reasonable level of noise — but they shouldn’t feel obligated to apply its full force. Property managers already have a heavy workload. If prop er t y managers are simpl y investigating an issue, they should make that clear. Take a positive approach, with a mentality of trying to gain understanding rather than assigning guilt. Proper ty managers shouldn’t take responsibility for delivering instant resolutions — it’s unrealistic and a lot to bear.
Consider the community In theory, it should not matter who within a community is involved in a conflict. In reality, the identity of those involved may impact the situation significantly. Regardless of whether a conflict involves a chronic complainer or the board president, try to shelve personal history and consider the overall community’s interests. If an issue were to proceed all the way to court, an important test in assessing the actions of the condominium corporation — which a property manager is representing — will be whether the parties were fairly treated. As a personal check-in, consider whether another reputable and knowledgeable property manager would take the same approach in comparable circumstances. Property managers who can say that any member of the community would have been treated a certain way foster an environment of equality and equip their condominium corporation to present well in the event it has to appear before a judge.
Set shared expectations Many times, conflict in a condominium environment escalates as a result of a misunderstanding or misperception. Perhaps a resident is unaware that the condominium corporation’s business can only be conducted at duly constituted board meetings, which typically take place no more frequently than once a month. Or perhaps an affected person is not aware of the property manager’s regular hours on site. A lack of reply may be perceived as an indication that no one cares when, in fact, the manager was not scheduled to be in the office or the board has not yet had a chance to review the concern. Acknowledging that a communication has been received and advising when a reply can be expected can stop a conflict f ro m e s c a l a t i n g d u e to m i s g u i d e d assumptions. This is not about providing solutions but trying to keeping everyone abreast of the process.
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MANAGEMENT
Acknowledging that a communication has
been received and advising when a reply can be expected can stop a conflict from escalating due to misguided assumptions. Listen, explain process As is painstakingly obvious at many annual general meetings: people want to be heard. In the condominium context, community members have a limited opportunity to express themselves. Therefore, it’s easy to see how someone may feel their concerns are being ignored. Time-permitting, property managers may find it helpful to listen to community members’ concerns and respond by noting them and explaining what the next steps will be. This can be as simple as acknowledging that a communit y member’s concern is important and that they need to present it in writing in order for it to be addressed by the board.
Keep the board informed Property managers may already make a communications binder available to their directors and write concise management reports, but a great deal can take place in between board meetings. They should also inform the board of any conflicts in which they find themselves acting as intermediary. This becomes particularly important if property managers sense a conflict has the potential to escalate or are in need of direction from the board. The sooner property managers and their boards both have the information required to respond to such a situation, the better. This article is not intended to encourage property managers to do more when they find themselves wedged in the
kind of conflict that naturally emerges in a condominium environment. Rather, it is intended to show property managers that it’s impossible for them to shoulder everything, but that they can take small steps to stem conflict. B y c o m m u n i c a t i n g r e s p e c t f u l l y, appreciating the importance of issues to impacted parties and helping to clarify the process, timelines and next steps, property managers can, ideally, neutralize disputes and perhaps even facilitate peaceful conflict resolution. 1 Marc Bhalla leads the Elia Associates P C C O N D O M E D I ATO R S . c a t e a m . He focuses his mediation practice on condominium conflict.
36 CONDOBUSINESS | www.condobusiness.ca
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38 CONDOBUSINESS | www.condobusiness.ca
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MAINTENANCE
When a tree falls in the city The past year has seen several storm events that have resulted in significant damage to trees in
BY CRAIG SOUTHWELL
southern Ontario. The ice storm that hit the Greater Toronto Area on Dec. 21 caused an estimated 20-per-cent loss of canopy cover, and
the after effects are still being dealt with on many properties. More localized yet equally damaging storms hit the area last summer with violent winds and significant rainfall, downing trees and branches. Such weather events are a part of life, but there are measures a property manager can take to help reduce tree and proper t y damage. Equally, there are cer tain activities that should be p r io r itize d imme d i atel y fo ll ow in g a storm to help reduce the likelihood of further property damage and to address liability concerns. The best way to protect a property from tree - relate d stor m d am ag e is to properly maintain trees. Have an ar b orist visit the pro p er t y annuall y to inspect the trees and make rec ommend ations for maintenance. Structurally defective trees can b e rem ove d along w ith any p o or l y p o s i t i o n e d t re e s t h a t c o u l d c a u s e problems in the future. Pruning trees to re m ove d efe c ti ve b r an c he s an d to maintain clearance from buildings can reduce the likelihood of property damage in the event of a catastrophic event such as an ice storm. Keep records of tree inspec tions and maintenance on the property. In the event of d amage to third - par t y proper t y, such records may be vital in defending a claim, as they prove the property owner acted reasonably in the management of the tree stock.
Good records can also be used to help the board prioritize spending and set budgets for future tree care. It is impor tant to understand that the onl y s afe tree is one that has been chopped down and turned into firewood. Even with the best care and regular inspection, a big enough storm can still cause structural failures in trees. Therefore, it is critical to have an emergency plan in place. H aving a good relationship with a tree c are company pays dividends immediately following a storm, as most companies are going to prioritize their existing clients. Knowing who to call and having cost outlines in place (e.g. the day rate for a crew) will speed up response times from the contractor. Most good companies will be too busy to respond to non-clients and a property manager may not be in a position to get three competitive quotes. A condominium corporation’s arborist should be able to help deal with an initial post-storm assessment so that the most urgent work can be completed first, with the aim of getting the property functioning again. Trees and branches blocking driveways and sidewalks, or those threatening buildings, should be dealt with
right away, but that tree at the back of the property might be able to wait for a later date to remove — especially if the area beneath it can be closed to prevent access. Such triage (no pun intended!) can save money in the long term. Immediately following the ice storm, m e d i a fo o t a g e d o c u m e n te d w e l l meaning citizens attempting to clear their streets and properties of fallen trees and branches. If tree damage is extensive and the property’s arborist is not immediately available, it may be tempting to pull that old chainsaw out of the basement and begin the clean-up operation. Even if a property manager understands the dangers of doing this, he or she may have residents who feel that being Canadian in some way qualifies them as lumberjacks!
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MAINTENANCE
Fallen trees and branches are full of tension and compression forces that can result in sudden and often violent releases of energy when cut.
Resist the temptation to do any more than pull a few branches out of the driveway. Fallen trees and branches are full of tension and compression forces that can result in sudden and often violent releases of energy when cut. Unfortunately, injuries from storm cleanup are often more common than those resulting from a storm itself, so use professional help in the same way one would for any other property emergency. Photograph tree and property damage before and after the clean - up. This may help with future insurance claims. Dangerous trees may need to be removed but the municipality could still require
exemption permits either before or after the work. A good photographic record will help avoid bylaw transgressions. When the clean-up has been completed and repairs made, arrange for a re-assessment of the trees on the proper t y. Impor tant specimens may need different care — such as structural pruning, fertilization and pest and disease management — for a few years following damage. Some trees may not be worth the investment required for retention and their removal and replacement should be planned and budgeted. Trees provide many benefits to a property and the wider environment, but they must be
managed like any other asset. Be proactive in tree management and have plans in place to deal with those storms when they come. Property managers cannot influence when a storm will happen, but they can help to reduce its impact on a property. 1 C ra i g Southwell is an ISA Certified A rb orist with more than 20 years’ experience in residential and commercial tree care in North America and the United Kingdom. He is the Ontario manager for Bartlett Tree Experts and is also a director of the Ontario Commercial Arborists Association. Craig can be reached at csouthwell@bartlett.com.
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DEVELOPMENT
A rendering of Aura, currently Canada's tallest residential tower.
The height of residential towers BY ERIN RUDDY
Tall commercial towers are nothing new, but the last few
yea rs have seen an exceptiona l crop of super-slim residential buildings sprouting up in cities all over the world. From Ma n hat ta n to Mumbai, ta l l towers are
a s fa sh ionable a s t he y a re effectual given advancements in engineering and the sophistication of modern building materials.
42 CONDOBUSINESS | www.condobusiness.ca
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DEVELOPMENT
Another reason for the sudden surge skywards is the lack of urban land parcels — and the price tags that go along with them. Given most city skylines are so tightly developed, it’s no surprise that the only direction left to build is up. According to Richard Witt, principal at Quadrangle Architects and Canadian chair of the Council on Tall Buildings and Urban Habitat (CTBUH), an international body in the field of tall buildings and sustainable urban design, more than 100 residential skyscrapers are currently under construction across the globe, the tallest being World One, in Mumbai, India, which is set to rise a staggering 442 metres. Also under construction is the Diamond Tower in Jeddah, Saudi Arabia, at 432 metres, and 432 Park Avenue in New York City at 425 metres. “Of the world’s top 10 tallest residential buildings, eight are located in United Arab Emirates,” says Witt, pointing out that one is in Australia and the other is in China. “The Princess Tower in Dubai is 413 metres tall, making it the tallest residential tower currently in the world.” Canada’s soon-to-be-tallest residential tower is no slouch either. Coming in at an impressive 272 metres, Aura, a condominium located at Yonge and Gerrard in Toronto, will be the city’s fourth tallest building and fifth tallest structure, soaring above everything but The CN Tower, First Canadian Place, Trump Tower and ScotiaTower. Construction began in January of 2010 and the last occupants are scheduled to begin moving in this December.
Coming in at an impressive
272 metres, Aura, a condominium located at Yonge and Gerrard in Toronto, will be the city’s fourth tallest building and fifth tallest structure. Davroc_Condo_March_2014_FINAL.pdf
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Sky-high dwellings Condominiums are climbing to impressive heights, but apartment towers of unusual form are also on the rise. According to Witt, The Cayan in Dubai, which sits at a respectable 306 metres, is far from the tallest building in the world, but it has a striking helical shape turning 90 degrees over the course of its height. New York is currently awaiting the realization of several new ultraslim residential towers, including 125 Greenwich St., which will soar 413 metres at a pencil-like width making it the second tallest building in Manhattan’s downtown core. “In Canada, we have nothing over 250 metres in the residential department yet except for Aura,” Witt says, “but it won’t be long before this changes. One Yonge Tower and 50 Bloor West are both under construction and slated to be 293 metres and 277 metres respectively.” Notable designs Impressive height is one thing; striking architecture is another. While historically residential buildings have been on the dull side of design compared to their office building counterparts, Witt suggests that this may no longer be the case. In addition to The Cayan in Dubai (mentioned above), Eight Spruce in New York City, designed by Frank Gehry, is something Witt cites as quite remarkable. “Toronto developer Cityzen has also made some great forms with Absolute World (commonly referred to as the Marilyn Monroe Towers) in Mississauga, and their nearly completed L-Tower in September 2014 43
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DEVELOPMENT
Aura stands out in this aerial shot of Toronto
downtown Toronto,” Witt says. Designed by architect Daniel Libeskind, the 58-storey L-shaped residence is already making its mark on the skyline and will be ready for move in next summer. Beauty may be in the eye of the beholder, but height is measurable — meaning the tallest buildings of today won’t be the tallest buildings of tomorrow. Love it or hate it, just look at Canada’s national icon, The CN Tower. Though the once dubbed “tallest freestanding structure in the world” didn’t hold any permanent world records, it will forever hold a place in Toronto’s ever-changing skyline. 1
Skyscrapers at-a-glance • World’s tallest building: Burj Khalifa, Dubai, 828 metres • World’s tallest residential tower: The Princess Tower, Dubai, 414 metres • Canada’s tallest building: First Canadian Place, Toronto, 298 metres • Canada’s tallest residential tower: Aura, Toronto, 272 metres • Canada’s proposed tallest building (office/residential): Oxford Place, Toronto, 326 metres • Cities with the most buildings over 300 metres: Dubai (18) Chicago (6) Hong Kong (6) • Since January 2013, Toronto is the site of 31 buildings over 150 metres, with a total of 1,938 high-rise buildings city wide For more building facts and figures, visit CTBUH’s skyscrapercentre.com
Erin Ruddy is the editor of Canadian Apartment Magazine.
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SMART IDEAS
A European energy-efficiency strategy With research showing that balcony glazing helps reduce heating energy consumption, solutions such as balcony enclosures have become commonplace in condominiums across the pond BY OLLI VANSKA
Energy-saving glazing solutions, such as the balcony enclosures on this Baltic Sea-based condominium, can help with heat recovery in the winter months.
to 12 per cent in a building’s heating energy consumption. The enclosure keeps the balcony a couple of degrees warmer during the heating periods, which influences inside temperatures and eliminates the impact of wind. Dr. Jussi Mattila documented additional benefits, such as cost savings in building restoration, in his research at Tampere University of Technology. Corrosion of reinforcing elements slowed by one-third in balcony walls and one-half in balcony ceilings. Concrete deterioration stopped completely in the areas protected by enclosure. As Dr. Mattila wrote, modern balcony enclosures have “an impact on general conditions of the building: they may even postpone the renovation need of the balconies in the building from six to 10 years,” besides the energy savings and reduced operating costs.
As energy costs continue to fluctuate, property management companies, condo boards, architects, developers, as well as individual unit owners, are looking for ways to improve the energy efficiency of their buildings. Better insulation, energyefficient appliances and lighting, improved plumbing fixtures, interior temperature controls, and ventilation have all been considered. However, the advantages of harnessing direct sunlight seem to be forgotten despite it being an efficient heat-recovery option. Energy-saving glazing solutions keep the balcony a couple of degrees warmer, translating into a reduction in heating costs for the unit. Europeans have taken this information and turned it into a clever solution: Modern balcony enclosures. They have also backed it with solid evidence — research results published at Finland’s Tampere University of Technology in August 2011 found that balcony glazing generates savings of up
What’s more, Kimmo Hilliaho, energy specialist and leader of research for Ramboll Finland Oy, found that it may take only a couple of years to reduce the carbon footprint of condominiums on a permanent basis if a balcony has been furnished with glass panels. For those assessing the return on investment in balcony glazing, energy savings and structural conservation are sure to be important factors. So too are the year-round use, additional comfort and space offered by the glazed balcony. Europeans have used these products for decades and, for example, in Finland, they are now being installed in more than 80 per cent of new condos. The energy-efficiency solution is ripe for application here, what with Canada sharing a similar climate to Europe’s and the continuing proliferation of condominiums in Canadian cities. 1 Olli Vanska is CEO of Lumon North America Inc. He may be reached at 705-458-3020 or olli.vanska@lumon.com.
46 CONDOBUSINESS | www.condobusiness.ca
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