CCI-T Condovoice - Summer 2022

Post Pandemic Meetings: Navigating the New Normal • What to Do About Kitec Pipes The Future of Condominium Pools • New High Standards for Condominium Managers

GLAZED & CONFUSED Relief From Chronic Window Pain

Publication of the Toronto and Area Chapter of the Canadian Condominium Institute • SUMMER 2022 • www.ccitoronto.org

Curb Appeal

7 Enticing Tips!

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VOLUME 26 • ISSUE # 4 • SUMMER 2022

In Every Issue 3

President’s Message

BY MURRAY JOHNSON

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Message From the Editor

BY BRIAN HORLICK

64 Last Word Creating Community After Covid

BY CONNIE PAPPAS-BOCCITTO

For Condo Owners 59 The Fundamentals of Condo Living

BY JAMES O’HARA

In This Issue 7 Decisions From the Courts BY BHARAT KAPOOR & JULIA LURYE Factors Driving CAT’s Adverse Cost Awards to Owners 11 What to Do About Kitec Pipes

BY INDERPREET SURI What Are They and Why Are they Still a Problem?

13 Enhancing Your Condo’s Curb Appeal

BY NATHAN HELDER How to Make Your Condominium Stand Out in a Great Neighbourhood

15 High Standards for Condominium Managers

BY TSEHAIE MAKONNEN

The CMRAO’s Core Competencies at Work

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17 Post Pandemic Meetings: Navigating the New Normal

BY SCARLETT GUY Virtual Meetings Versus In-Person, and What Comes Next

20 Condominium Profile: The Pinnacle

CCI Members News & Events 51 53 55 55 57

New Committee Member Profiles CCI Was There CCI Welcomes New Members Upcoming Events Events Word Search

YOUR CONDO CONNECTION IN THE TORONTO, PEEL, YORK AND DURHAM REGIONS PROVIDING EDUCATION, INFORMATION, AWARENESS AND ACCESS TO EXPERTISE

BY AND FOR OUR MEMBERS.

www.ccitoronto.org

BY JAMES RUSSELL A Shared Facility Committee is Key to Managing Multiple Amenities

29 Chargeback Laws: Navigating the Matrix

BY YULIA PESIN From Leaking Toilets to Fires and Everything In Between

35 Residential Real Estate Property Insurance

BY STEPHEN SKOLNY The Pandemic, a Hard Market Cycle, and Global Catastrophe Losses

37 Glazed and Confused

BY PAUL RUDLING & JASON TRUMAN Are You Looking for Relief From Chronic Window Pain at Your Building?

41 Reserve Fund Study Report Cards

BY SOPHIA SIMEONE & SALLY THOMPSON The Importance of Section 98 Agreements

43 Accessibility: Ramp Up Your Retrofits

BY ANNE BENINGER

Let’s Disable Ableism in Our Buildings

47 The Future of Condo Pools Toronto and Area Chapter

BY BRIAN TOWNSEND A New Appreciation for Pool, Spa, and Fitness Amenities CONDOVOICE SUMMER 2022

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Ontario’s Premier Conference for the Condominium Industry

Two Days of Education for Condominium Managers and Boards of Directors, Networking with Industry Peers and Suppliers and much more!

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TIMELY INDUSTRY INFORMATION & EDUCATION

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Sept. 30 - Oct. 1 , 2022

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Canadian Condominium Institute/ Institut canadien des condominiums Toronto & Area Chapter 1 Eglinton Ave. Toronto, ON M4P 3A1 Tel: (416) 840-5346 E-mail: info@ccitoronto.org Website: www.ccitoronto.org 2021-2022 Board of Directors PRESIDENT: Murray Johnson, OLCM, CCI (Hon’s), LCCI Co-Chair, Conference Committee Member, Tarion Sub-Committee Crossbridge Condominium Services Ltd. VICE-PRESIDENT: Lyndsey McNally, OLCM, LCCI Member, Legislative, Communications Committees Member, Social Media Sub-Committee Co-Chair, Education Committee CCI-N Liaison CWB Maxium Financial SECRETARY/TREASURER: Brian Antman, CPA, CA Chair, Finance Committee, Member, Conference Committee, Member, Communications Committee Adams & Miles LLP Chartered Professional Accountants Board Members Francesco Deo, BA (Hons), JD Member, Legislative Committee Chair, Volunteer Resource Committee Deo Condominium Lawyers Bob Girard, B.Comm, ACCI Member, CondoSTRENGTH Committee Member, Education Committee Member, Finance Committee Member, Membership Retention Sub-Committee YCC # 50 Brian Horlick, B.Comm., B.C.L., LL.B., ACCI, FCCI Chair, Communications Committee, Member, Conference Committee Horlick Levitt Di Lella LLP Warren Kleiner, BA., LL.B. Chair, Legislative Committee Co-Chair, Ontario Caucus Member, Marketing Committee Member, Awards Sub-Committee Shibley Righton LLP Farzad Lahouti, MBA Member, Marketing Committee Member, CondoSTRENGTH Committee Chair, Awards Sub-Committee YRCC 798 Eric Lakien, MBA, PhD. Member, CondoSTRENGTH Committee Member, Marketing Committee Co-Chair, Education Committee YRCC # 798 Connie Pappas-Boccitto SRS, ABR, SRES, CCSP Chair, CondoSTRENGTH Committee Member, Social Media Sub-Committee Royal LePage Terrequity Realty, Brokerage Sophia Simeone, B.Eng, EIT Member, Education Committee Chair, Social Media Sub-Committee Synergy Partners Lisa Kay, BA Econ Member, Communications Committee KayCondoGC Inc.

President’s Message

At the time of writing this message, we are moving forward with easing of COVID restrictions. It feels odd to go out without a mask on and I suspect many of us will feel this way for a while yet. After two online-only Annual General Meetings, I am looking forward to meeting many of our newly elected CCI-T Board of Directors in person for the first-time.

The past two years have not been without advantages, however. The CCI Toronto and Area board has had the opportunity to take an introspective look at the processes, policies and tools we use to deliver value to our members. As they say, just because you have always done things a certain way doesn’t mean that it is the best way.

With so many “new” directors, we are not prisoner to the “old” way of doing things and some really exciting projects are underway to deliver many more benefits of membership to all of you.

That being said, this time of reflection has not been solely focused on how we do things. The chapter has delivered a number of fantastic webinars and we are working on some exciting new events. As an example, we’re currently gearing up for a provincially standardized Director Education Certificate program that will roll out through all eight Ontario Chapters. I won’t steal the committee’s thunder but look out for news of the program. We think it will raise the bar on the level of education provided to directors and be a great achievement to add to one’s resume.

There is also a new Election Outreach Program being developed. Our hope is to become a conduit for municipal councillors by addressing needs in condominiums that fall in their electoral wards.

A recent committee restructuring will also allow our volunteers to focus on the rapid development of these projects and new member benefits.

We are planning in-person dinner events and I am personally looking forward to seeing you all at the October 2022 AGM. Sadly, this is my last year as President, but I have been working closely with your VP, Lyndsey McNally, who is more than ready to step into the role.

CCI-T’s refreshed, new way of operating combined with improved director education programs, in-person CondoSTRENGTH events and the 2022 conference are all exciting opportunities for us to connect in different ways than we’ve grown used to. Look to the CCI-T website as we begin to make improvements there as well. In the meantime, have a very happy, safe and healthy summer and remember to be nice to each other.

Murray Johnson, OLCM, CCI (Hon’s), LCCI CCI-Toronto and Area Chapter President

Stephen Ilkiw Chair, Marketing Committee CondoHive / Bedford Hill Consulting OPERATIONS MANAGER - Seamus Gearin

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Editor’s Message

The Future of Owners’ Meetings During and After COVID-19 Soon, Condominium Corporations Will No Longer be Able to Hold Meetings of Owners or Vote Electronically by Virtual Means Without the Required By-Law On September 30, 2022, the temporary government measures allowing condominium corporations to hold virtual meetings and vote electronically without a by-law to that effect will expire. This means that on that date, condominium corporations will no longer be able to hold meetings of owners or vote electronically by virtual means without the required by-law. Until September 30th, however, any owner or mortgagee who votes at the meeting, establishes a communications link to the meeting or is present virtually at the meeting will continue to be counted towards the quorum, and any matters or material that are required or permitted to be placed before an owners meeting can be placed by electronic means.

With COVID-19 seemingly having become the “new normal” reality that we must accept (at least for the foreseeable future), I believe we must turn our minds to how meetings of owners will be convened once the government of Ontario’s temporary COVID-related measures cease to be in effect.

In this regard, I anticipate that owners will demonstrate varying degrees of comfort with in-person meetings. On the one hand, there will no doubt be owners who are completely opposed to congre-

gating in-person, no matter the number of owners present. On the other hand, there will certainly be owners who prefer to return to in-person meetings given the obvious benefits (e.g. the ability to interact/engage in discussion with other owners, management, board members, and others without the artificial barrier of a computer screen).

In the interest of catering to owners with a range of comfort levels during (and possibly even after COVID-19) and in the interest of encouraging the greatest level of owner involvement, a hybrid model between in-person and virtual meetings may be the most practical option.

As the name suggests, a hybrid meeting combines features of both in-person and virtual meetings. With this arrangement, a condominium corporation will convene an in-person meeting (in strict adherence to any indoor social gatherings limits in effect at that time), but will incorporate a computer, camera, microphone and teleconference software to broadcast the meeting to those owners in attendance virtually. A corporation should expect to incur a cost for having a service provider provide and setup such technology in its meeting room prior to the meeting.

In my experience, condominium corpo-

rations should make note of certain best practices with respect to hybrid meetings. Notably, I believe the chairperson must preside over the meeting in person.

The reason is basic - if a meeting were to become contentious, a chairperson in attendance virtually would not be able to ensure proper meeting protocol and would not be able to maintain effective control over the meeting.

Accompanying the chairperson in the meeting room should ideally be management and the board of directors. Having the board and management together in one room gives a unified appearance and adds to the formality of the meeting.

Ultimately, as many condominium owners gradually become re-accustomed to life without onerous COVID-19 restrictions, condominium corporations will need to determine the most appropriate meeting protocol to best engage and serve their owners as well as to transact their corporate business.

Brian Horlick B. Comm, BCL, L.L.B., ACCI, FCCI CONDOVOICE SUMMER 2022

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Bharat Kapoor Associate Lawyer Horlick Levitt Di Lella LPP

Julia Lurye Associate Lawyer Horlick Levitt Di Lella LPP

Case Law Update

Decisions From the Courts

York Condominium Corporation No. 229 v. Rockson, 2022 ONCAT 46 In York Condominium Corporation No. 229 v. Rockson, York Condominium Corporation No. 229 (“YCC 229”) had rules that restricted making or permitting any noise or nuisance which, in the opinion of the board of directors or the manager, disturbs other persons (the “Noise Rules”).

Between August 17, 2019 and March 20, 2022, YCC 229 received at least 94 complaints (as documented by security incident reports) that loud music was blasting from the unit of the respondent owner, Chris Rockson.

The condominium manager served Mr. Rockson with four compliance letters over the course of 2019 and 2020, setting out the Noise Rules and requesting the owner’s voluntary compliance. The letters also advised the owner that if he failed to comply with the Noise Rules, then enforcement would be escalated to YCC 229’s legal counsel and that the owner would be held responsible for any legal costs incurred by YCC 229.

Despite repeated warning letters from the condominium manager, YCC 229 continued to receive complaints about loud music blasting from Mr. Rockson’s unit.

YCC 229 engaged its lawyers to communicate with Mr. Rockson and require his compliance with the Noise Rules.

However, Mr. Rockson continued to disregard the Noise Rules, as YCC 229 received at least 40 noise complaints after letters were sent by YCC 229’s lawyers to the owner.

YCC 229 was forced to commence a CAT proceeding to enforce compliance with its Noise Rules and requested that CAT order Mr. Rockson to indemnify YCC 229 in the amount of $9,848.51 for the legal costs and expenses YCC 229 incurred to obtain compliance. YCC 229 also requested that CAT order soundproofing of Mr. Rockson’s unit and the neighbouring units if he continued to violate the Noise Rules.

Mr. Rockson chose not to participate in the online hearing, despite CAT contacting him twice at the onset of the proceeding. As such, CAT’s decision in this case is based solely on the undisputed evidence and submissions of YCC 229.

CAT found Mr. Rockson’s conduct contrary to the Noise Rules.

However, despite being sympathetic to YCC 229, CAT refused to make an order to soundproof Mr. Rockson’s unit and the

neighbouring units if Mr. Rockson continued to violate YCC 229’s Noise Rules.

CAT was concerned that YCC 229 provided no criteria to determine noncompliance and which neighbouring units would require soundproofing (if any), among other things.

Given YCC 229’s success at the proceeding, CAT also ordered that Mr. Rockson pay $200 to YCC 229 for its filing fees.

With respect to the amount of $9,648.51 requested by YCC 229 for legal fees, in making its decision on whether to award such costs, CAT considered whether the parties attempted to resolve the issues before the application was commenced, and the provisions of the governing documents and whether the parties understood the potential consequences for contravening them.

Despite receiving numerous compliance letters from YCC 229’s condominium manager and lawyers, Mr. Rockson willfully refused to comply with YCC 229’s Noise Rules. In addition, he failed to participate in the hearing.

CAT noted that any legal fees not awarded as costs would ultimately be paid by the owners of YCC 229, and in this case, it would not be reasonable nor fair if the owners whose quiet enjoyment was disrupted were to be liable for YCC 229’s costs of obtaining Mr. Rockson’s compliance. As such, CAT ordered that Mr. Rockson pay costs of $9,648.51 to YCC 229.

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ILLUSTRATION BY JASON SCHNEIDER

Recent decisions released by the Condominium Authority Tribunal (“CAT”) suggest that CAT’s willingness to award adverse cost awards to owners depends on the owner’s conduct in response to the compliance letters issued by the condominium corporation, and the owner’s efforts to resolve complaints and participate in the CAT process.

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Condovoice Condovoice is published four times per year – Spring, Summer, Fall and Winter, by Redstone Agency on behalf of the Canadian Condominium Institute Toronto & Area Chapter.

EDITOR: Brian Horlick ADVERTISING: Calandra Muller ART DIRECTION & DESIGN:

Atlanta Visual Communications Inc. All advertising enquiries should be directed to Calandra Muller at (416) 840-5346 ext. 5 or advertising@ccitoronto.org If you are interested in writing articles for Condovoice magazine, please contact Calandra Muller at (416) 8405346 ext. 5 or calandra@ccitoronto. org. Article topics must be on issues of interest to Condominium Directors and must be informative rather than commercial in nature.

The authors, the Canadian Condominium Institute and its representatives will not be held liable in any respect whatsoever for any statement or advice contained herein. Articles should not be relied upon as a professional opinion or as an authoritative or comprehensive answer in any case. Professional advice should be obtained after discussing all particulars applicable in the specific circumstances in order to obtain an opinion or report capable of absolving condominium directors from liability [under s. 37 (3) (b) of the Condominium Act, 1998].

Authors’ views expressed in any article are not necessarily those of the Canadian Condominium Institute. All contributors are deemed to have consented to publication of any information provided by them, including business or personal contact information.

Consider supporting the advertisers and service providers referred to in this magazine, recognizing that they have been supporters of CCI Toronto.

Advertisements are paid advertising and do not imply endorsement of or any liability whatsoever on the part of CCI with respect to any product, service or statement.

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This is the second CAT decision were CAT awarded 100% of corporation’s requested legal fees. It appears that the owner’s deliberate conduct in failing to comply with the Noise Rules and refusing to participate in the hearing may have contributed to the outcome.

Toronto Standard Condominium Corporation No. 1767 v. Isa Ahmed et al., 2022 ONCAT 35 In Toronto Standard Condominium Corporation No. 1767 v. Isa Ahmed et al., CAT was asked to determine whether the unit owner and/or the tenants should be held responsible for the costs of cleaning the waste left by a dog which was permitted to repeatedly urinate and defecate on a balcony, the costs of enforcing compliance with the governing documents and the costs of the proceeding.

The dog belonged to the tenants residing in a unit in Toronto Standard Condominium Corporation No. 1767 (“TSCC 1767”).

Following receipt of numerous complaints from various residents regarding the dog’s bathroom habits, in April 2021, the board of directors of TSCC 1767 deemed the dog a nuisance and required the dog to be permanently removed from TSCC 1767’s property.

Meanwhile, the unit owner initiated a Landlord and Tenant Board (“LTB”) proceeding to evict the tenants from the unit, among taking other steps to proactively deal with the issue.

1767’s closing statement, this position appeared ambiguous.

The unit owner submitted that special circumstances existed to absolve him of any liability for costs. For example, he commenced an LTB eviction application as soon as legally possible to resolve the issue.

In addition, both TSCC 1767 and its lawyers advised the unit owner in writing, on several occasions, that the owner’s efforts to resolve this matter were appreciated and that TSCC 1767 would not seek costs against him.

The tenants submitted that they should not be responsible for costs and that the settlement agreement reached between themselves and the unit owner should be binding against both the unit owner and TSCC 1767 under the doctrine of res judicata. CAT rejected this argument.

Ultimately, CAT held the tenants liable for $4,657.11 for the costs of cleaningup after their dog, the costs of enforcing compliance with TSCC 1767’s governing documents and the costs of filing this proceeding. CAT was of the view that it would be unfair to hold the unit owner liable for the costs given the steps taken by the unit owner to resolve the matter and the assurances provided to the unit owner

by TSCC 1767 and its lawyers that TSCC 1767 did not intend to seek costs against him. After all, words have meaning.

In August 2021, the tenants and the unit owner settled the LTB proceeding, and as a term of the settlement, the tenants agreed to vacate the unit by October 14, 2021.

The CAT application continued solely on the issue of who should be held responsible for the costs incurred by TSCC 1767.

Of note, CAT applied the previous Rules of Procedure with respect to determining liability for costs, as the application was commenced when those rules were in effect. Rule 46.1 of those previous rules provided that, “The CAT will not order a User to pay to another User any fees charged by that User’s lawyer or paralegal, unless there are exceptional reasons to do so.” CAT found that the “exceptional reasons” test had a very high threshold, and in this case, this threshold was not met. As such, CAT refused to order the tenants to pay to TSCC 1767 100% of its requested legal costs of $12,490.31.

TSCC 1767’s initially submitted that both the unit owner and the tenants are jointly and severally liable for the costs incurred by TSCC 1767; but in TSCC

Sarros v. York Region Standard Condominium Corporation No. 1445, 2021 ONCAT 86 In Sarros v. York Region Standard Con-

In May 2021, TSCC 1767 commenced a CAT application against the tenants regarding their dog’s bathroom habits.

The unit owner was named as an intervenor instead of a respondent.

dominium Corporation No. 1445, CAT was tasked with interpreting the meaning of ‘seasonal furniture’.

internet search suggested that seasonal furniture would include things like chairs and tables.

York Region Standard Condominium Corporation No. 1445 (“YRSCC 1445”) had rules that prohibited the storage of any goods or materials on the exclusive use common element balconies, with the exception of seasonal furniture (the “Storage Rules”).

CAT accepted that, in the absence of a more precise definition of ‘seasonable furniture’, a Google search for the term ‘seasonal furniture’ was of some assistance in determining an ordinary understanding of the term. CAT found that Mr. Sarros did not obtain the structure with a view to using it as a table or to hang flower baskets or lights. He obtained a piece of gym equipment. The fact that the structure was reconfigured does not substantially change the structure so that it is now easily recognizable as a table.

In June of 2021, YRSCC 1445 became aware that the respondent owner, Haralambos Sarros, was storing gym equipment on the exclusive use common element balcony adjacent to his unit, contrary to the Storage Rules.

Despite repeated warning letters from the condominium manager, Mr. Sarros failed to remove the gym equipment from the balcony.

YRSCC 1445 referred the matter to its legal counsel, who wrote to Mr. Sarros requiring him to remove the gym equipment from the balcony and to indemnify YRSCC 1445 for its legal costs.

Mr. Sorros paid YRSCC 1445’s legal costs under protest. However, he failed to remove the gym equipment from the balcony.

Subsequently, Mr. Sarros reconfigured the gym equipment by removing the

weights and added a wooden surface so that it can be used as a table and commenced a CAT application seeking an order permitting him to store this modified structure on his balcony for the purpose of hanging flower baskets and Christmas lights. Mr. Sarros also requested a refund of the legal costs which he paid under protest.

Mr. Sarros submitted that the structure has been repurposed and is now seasonal furniture.

YRSCC 1445 submitted that although the structure was reconfigured and is no longer identifiable as gym equipment, per se, it does not follow that it is now a piece of seasonal furniture.

The term ‘seasonal furniture’ was not defined in YRSCC 1445’s rules and could not be found in dictionaries. A Google

Accordingly, CAT ordered Mr. Sarros to remove the structure from the balcony.

With respect to an award of costs, although CAT found that YRSCC 1445 was the successful party and the legal fees charged by the YRSCC 1445’s legal counsel were reasonable, CAT refused to award any costs in this case. Mr. Sarros stopped using the structure as a gym equipment and modified the structure once he was advised by YRSCC 1445 that he was not compliant with the Storage Rules. Of note, this case was decided under the previous CAT Rules of Procedure.

Note: this case is pending appeal to the Divisional Court. C V

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Inderpreet Suri Shibley Righton LLP

Class Action Update

What To Do About Kitec Pipes What are Kitec Pipes and Why are they Problematic?

From the mid-1990s until about 2007, Kitec pipes were installed in houses, low and high-rise residential buildings, and other structures in various places in the United States and Canada.

The piping was marketed as a cost-effective alternative to copper piping that was also easier to install than copper piping.

It was one of the “go-to” piping systems at that time and was widely used.

Eventually, numerous homeowners started experiencing problems with the piping such as burst pipes which caused major flooding.

Kitec pipes often fail at an accelerated rate because of two reasons. First, the pipes’ brass fittings have a high zinc content and are subject to premature failure due to a process called dezincification. Also, the layered polyethylene aluminum piping itself is also considered to be defective as it is subject to an increased risk of rupture over time (particularly when exposed to hot chlorinated water).

As the Kitec pipes and fittings continue to deteriorate over time, they can burst and

DANGER?

cause a flood. Unlike copper pipes (whose leaks usually begin as a slow drip), the manner in which Kitec piping fails (bursting) usually causings extensive damage in a very short period of time. Although it is difficult to estimate the lifespan of Kitec pipes, Kitec pipes they can start to break down and fail approximately 8-10 years after they are installed. The failures increase in frequency after the 8-10 year mark.

A class action lawsuit against the manufacturer and associated companies was commenced in 2007 and settled in 2011.

Further details about the class action lawsuit are provided below.

What to do about Kitec pipes in condominiums?

Kitec pipes can be easy to spot. They are usually either bright orange or bright blue in colour and are used to carry domestic water to taps and other fixtures within a condominium unit.

Condominium boards and managers

should retain an engineering company to review their building’s domestic water system in order to determine whether Kitec pipes and fittings have been installed in the building.

If Kitec pipes were installed in the building, the condominium should work with the engineering company and a reputable contractor to replace the Kitec pipes and fittings throughout the building as soon as practicable. The engineering company can help guide the condominium as to a suitable replacement for the Kitec pipes.

A city permit will also likely be required for this replacement work, which the engineering company and contractor can also assist with.

Depending on the condominium and the maintenance/repair obligations in the condominium’s Declaration, the condominium can direct the unit owners to carry out the work on their own using their own qualified contractor. Alternatively, the condominium can replace all of the units’ Kitec pipes using its own contracCONDOVOICE SUMMER 2022

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If a unit owner refuses to replace the Kitec pipes in his/ her unit or refuses to allow the condominium to enter their unit to perform this work, a condominium corporation can, in the author’s opinion, replace the Kitec pipes in the unit and charge back all associated costs to the unit tor and charge back the associated costs to the specific unit. The latter approach is often preferable because conducting a building-wide replacement project with the same contractor results in significant cost-savings for all parties involved and helps the condominium ensure that all defective pipes have been replaced.

What if a unit owner refuses to replace the Kitec pipes in his/her unit?

If a unit owner refuses to replace the Kitec pipes in his/her unit or refuses to allow the condominium to enter their unit to perform this work, a condominium corporation can, in the author’s opinion, replace the Kitec pipes in the unit and charge back all associated costs to the unit.

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Provisions in the Condominium Act, 1998 allow a condominium corporation to enter a unit (upon providing reasonable notice) and replace the unit’s Kitec pipes because the unit owner’s failure to replace them constitutes a potential risk of damage to the condominium’s property and persons on the property. Once the work is done, any associated costs can be collected from the unit owner in the same manner as common expenses.

When a condominium owner prohibits the condominium’s agents from entering the unit to do the work, the condominium can apply to the Superior Court of Justice for help. The condominium can apply for a compliance order directing the owner to allow the condominium’s agents access to the unit to carry out the work at the owner’s cost.

There have been several successful cases in which the court has granted compliance orders for the replacement of Kitec pipes, such as TSCC No. 1724 v. Evdassin, 2020 ONSC 1520, and YRSCC No. 972 v. Lee, 2021 ONSC 3877.

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What’s happening with the class action lawsuit?

The class action lawsuit was settled in about 2011. A settlement fund of 125,000,000 USD was created to pay for legal costs and to pay for repairs where eligible.

Unfortunately, the deadline to submit a claim was January 9, 2020. If you qualify as an eligible person and have missed this deadline, there is likely nothing further you can do. The settlement website, http://www.kitecsettlement.com/, provides the case documents and details as to who qualifies as an eligible person and how to apply for payment under the settlement fund.

If you did qualify as an eligible person and filed a claim before the deadline, the website states that they are working on obtaining the courts approval on the final plan of distribution. The courts must approve the plan before any funds can be distributed to the eligible persons.

The website advises that the entire process has suffered delays due to the ongoing COVID-19 pandemic, social unrest in Louisville, United States (where the claims administrator is based) which required a complete closure of the claims administrator’s office, and resulting delays in the delivery and processing of mail.

The website was last updated on March 2022.

Parting Thoughts Kitec pipes are a serious problem and should not be taken lightly. If you suspect that your condominium building or unit has Kitec pipes, follow the steps in this article to address the issue as soon as possible. The damage can be catastrophic and cost thousands of dollars to repair. C V

Nathan Helder President Gelderman Landscape Services

Cover Story

Enhancing your Condo’s Curb Appeal When Several Condominiums are Placed in a Great Neighbourhood, How Does Yours Stand Out? Location! Location! Location! These are the three top sales points of the real estate market. But when several condominiums are placed in a great neighbourhood, how does yours stand out? One way is to enhance the curb appeal of your condominium.

• Price • Upgrades • Landscaping In this article, we’re going to focus on the attractiveness of your complex’s exterior when viewed from the street — it’s vitally important. Curb appeal is what grabs the buyer’s attention before even seeing the unit. Like icing on a cake, when the outside is beautiful and well-maintained, it is likely that the inside is also kept in good shape.

Let’s take a look at seven landscaping tips that will address this critical component in marketing & selling your home.

1. Front Entrance “Walk where the people walk.” This means that you need to focus on the driveway entrance to the community. Ask yourself the following questions: • Are the name and address clearly visible or is it hidden by overgrown shrubbery?

• Is there an entrance sign or is the entrance hard to locate?

• Is it fresh & modern, or old & worn?

• Are there signs that clearly show where the visitor parking is or is it unmarked?

• Are the condo unit numbers visible, or do you need to look hard to spot them?

In a large complex, effective signage coupled with clearly numbered units will help visitors and potential buyers locate the different addresses easily and make units more accessible in emergency situations.

2. Common Sidewalks Are the sidewalks level and wide, or are they a potential tripping hazard with uneven, cracked or overgrown turf? Are the sidewalks free of snow & ice?

Ensure that your walks are obstacle-free.

3. Colour and Decoration Plant colourful annuals and/or perennials in the front garden beds, along walkways and driveway entrances. The addition of colourful urns at the front foyer entrance will make a welcoming statement. During the winter months, ornamental and decorative displays can be added to replace summer flowers.

4. Shrubs and Garden Beds At certain times of the year, communities can become tired-looking and in need of CONDOVOICE SUMMER 2022

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ILLUSTRATION BY KATY DOCKRILL

Although we know location is a huge selling feature, there are three other features that play a large role in attracting the best buyers and renters to your complex.

Do what you can to make your condominium complex the most attractive and appealing to not only the condominium owners already living there but also for those who are looking for a new home a face-lift in the garden to create a fresh, clean look. A rejuvenation may be needed, including: • Cutting back overgrown and overhanging trees • Removing damaged, diseased or dying plants and trees • Cutting in fresh garden edges • Removing weeds and adding shredded pine bark mulch 5. Lighting For most communities, security and personal safety are very important. How effective is your current outdoor lighting?

• Is the parking lot well-lit at night, or are the trees and shrubs blocking streetlamps?

• Are the unit owners uncomfortable

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to walk outside due to lack of lighting around the sidewalks and driveways?

Adding landscape lighting or light fixtures along common sidewalks will help to make your condominium complex welcoming and inviting as well as safer.

6. Turf Enhancements Since the Ontario pesticide ban was put in place, what proactive measures have the corporation undertaken to keep the turf weed-free?

Consider practices such as core aeration, topdressing and seeding. Does consideration need to be made with regards to removing turf and replacing the area with a featured garden or replace turf around

the trees with mulch? Should the corporation install a SMART irrigation system to property protect the turf and gardens?

7. Community Gardens If you live in an apartment or condo, is there a way for you to have your own garden? In recent years, people across Canada and around the world have banded together to create community gardens.

Community gardens have been shown to: • Foster relationships within communities • Provide low-cost food • Improve the psychological health of those involved • Create much needed green space • Encourage physical activity Do what you can to make your condominium complex the most attractive and appealing to not only the condominium owners already living there but also for those who are looking for a new home.

These seven landscaping tips will assist in marketing your condominium as the one everyone admires and would be happy to call home. C V

Tsehaie Makonnen Manager, Communications and Outreach Condominium Management Regulatory Authority of Ontario (CMRAO)

Condominium Managers

High Standards for Condominium Managers The CMRAO’s Core Competencies at Work

Developing the Competency Profile for Condominium Managers In November 2021, the authority for setting education requirements transferred from the Minister of Government and Consumer Services to the Registrar of the CMRAO. In the two years leading up to this date, the CMRAO undertook an extensive process to prepare for this transition and worked with a host of industry

partners to develop the first comprehensive Competency Profile for Condominium Managers in Ontario. This competency profile describes the minimum expectations (in other words, professional competencies) of an individual with a General Licence with the CMRAO. Core Competencies – Accountability for Condominium Managers In addition to helping the CMRAO define its new education program, the competency profile has many other uses, including the following: • approving/recognizing academic programs for licensing, • informing matters related to professional conduct, and • assessing applicants for entry and/or re-

entry into the profession.

All General Licensees are ultimately accountable to meet these competencies throughout their careers. The CMRAO understands there are complexities involved with managing condominiums and expects a high standard from all licensees, whether new to condominium management or experienced veterans.

In total, there are 79 competencies grouped thematically under three categories and nine headings as showm shown below: Condominium Managers Core Competencies in Action In everyday condominium management, there are countless examples of managers

Foundational

Management

Professional

Interpersonal Communication

Physical Building Operations Legal Financial Information

Ethics Professional Development

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ILLUSTRATION BY JASON SCHNEIDER

As the condominium landscape across Ontario continues to expand, condominium management must keep pace. Today, a condominium manager’s role is so much more than a site supervisor or any sort of “desk job.” Individuals who only recently decided to pursue a career as a condominium manager, and those already established with many years of experience as managers, are dedicated and skilled professionals who must meet the licensing and education requirements of the Condominium Management Regulatory Authority of Ontario (CMRAO) to provide their services. Condominium managers are also very busy people tasked with a tremendous amount of financial, operational, and managerial responsibilities.

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using one or more of the core competencies.

Here are some real-world examples.

Example 1 A condominium manager is often the goto person when a unit owner experiences an issue in their unit or with the common elements. As the day-to-day contact for the property, the condo manager listens to complaints, problems, concerns, and a host of other issues. When an angry unit owner approaches the condo manager with a complaint, the manager remains calm, listens attentively, and expresses empathy.

These interpersonal skills are represented in the following competencies: • Demonstrate a professional presence, • Manage expectations in an empathetic manner, • Engage in active listening, and • Facilitate communication by demonstrating common courtesy and consideration in professional interactions.

Example 2 While conducting a regular building inspection, a condominium manager notices that an area of a hallway is particularly cold, possibly resulting from inadequate operation of the heating, ventilation, and air conditioning (HVAC) system.

The condominium manager’s role here is addressed in competencies related to the physical building, including the following: • Conduct general inspections of the property to identify maintenance and repair requirements; and • Manage inspections, testing, maintenance, repair, and replacement obligations of the condominium corporation.

The manager then contacts industry experts to assess the HVAC system for issues.

By conducting impartial and thorough interviews with prospective contractors the manager demonstrates another core competency: Analyze and present quotations and contracts to the Board of Directors to allow for effective decisions.

Example 3 A condominium corporation has decided to refurbish its front lobby to make it more accessible and aesthetically pleasing. The condominium manager is asked by one of the board members to talk to his brother-in-law about being the general contractor for the project. The board member suggests that his brother-in-law would be able to do the job well, and at a great price.

The condominium manager politely and

respectfully tells the board member that their brother-in-law may submit a bid for the contract and advises the board member that they should disclose the relationship to the rest of the board. The condominium manager also informs the board member that if they do not disclose the relationship to the rest of the board, then they, as a licensed condominium manager, will have an ethical responsibility to do so, consistent with the following competencies: • Demonstrate honesty and integrity when offering or providing condominium management services, • Recognize and disclose real and perceived conflicts of interest, and • Recognize and act in the best interests of the condominium corporation.

As these three real-world examples demonstrate, it takes knowledge, skill, and hard work to excel in this growing industry.

Condominium managers are licensed professionals who work in a fast-paced and continually evolving sector. Condominium boards and owners should have confidence in those who manage their important investment. Condominium managers meeting these standards enhances the integrity of the sector and elevates the profession in Ontario. C V

CCI Toronto NEWS

Are you following our Legislative Newsflashes?

Stay current, informed and aware!

Did you know that one of the benefits of a CCI-T membership is the work of our legislative committee and their ongoing updates on legal topics important to condos?

The committee works each month to review changes to legislation that have an impact on the operation of condominium corporations. It is important to CCI-T that our members receive timely and relevant information to guide them to social and financial success in their communities and the communities they serve.

We also work to develop relationships with government au-

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thorities so that we can ensure they are educated on the impact legislative changes have to condominium corporations.

In doing so, we can proactively work to benefit our members.

If you aren’t already receiving our newsflashes, contact info@ccitoronto.org. Past newsflashes can also be found on our website (https://ccitoronto.org/news).

Scarlett Guy President, MinuteTakers Inc.

In-Person vs. Virtual

Post-Pandemic Meetings: Navigating the ‘New Normal’

For the better part of the past two years, condominium Boards have been holding their Board and Owner meetings virtually.

There are many different platforms that are able to facilitate these meetings, with Zoom being the most popular, but MS Teams, GoToMeeting, GoogleMeet, Web-Ex, Skype and simple teleconference are also among the various options available.

The condominium community has had ample time and opportunity to become familiar with virtual technologies and the various features they offer. But now that the pandemic restrictions are easing, many condominiums are deliberating on whether or not to return to in-person meetings.

The elephant in the room At many of the meetings that we’ve recently attended, there have been some conflicting opinions in this regard. Typically, someone will express a desire to continue

meeting virtually because they feel less rushed coming home after work, the meetings are convenient, and they are shorter.

Several other Directors then chime in and say the same – they prefer the virtual format because they can remain in their units, the meetings proceed efficiently and to the point, and they don’t have to rush around getting their materials together and out to the party room. The Managers are also grateful for being home and not having to travel at night in awful weather or returning home late in the evening.

But then … another member will insist on meeting in person … and so they are at an impasse. It’s possible that your Board might be dealing with a similar scenario.

Pros and cons from a Director’s point of view There are benefits and drawbacks to both types of meeting formats.

In-person meetings tend to be more social in nature, and in many cases the Board members gather to eat their dinner together and the accompanying conversation often focuses on world events, personal experiences, the weather, etc. The downside is, that in this casual setting, the ensuing meeting often includes off-topic chatter, Directors asking the manager to help them catch up on material that should have been reviewed in advance, frequent segues to other topics, extended debate on items that clearly are in need of more information before a proper decision can be made, side conversations etc. resulting in a significant amount of wasted and unproductive time.

On the other hand, virtual meetings are much more efficient and businesslike, which helps to facilitate the decision-making that the Board is responsible for. Members have typically reviewed the meeting material in advance, and platform features CONDOVOICE SUMMER 2022

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ILLUSTRATION BY REMY SIMARD

It’s Time to Address the Elephant in the Room – Virtual Meetings Versus In-Person, and What Comes Next

such as screen sharing allow all attendees to literally ‘be on the same page’ when reviewing financial reports, last-minute quotes and/or correspondence, site maps for matters such as landscaping and exterior projects, etc. The participants can attend from wherever they happen to be at the time of the meeting, which is a boon to ‘winter snow-birds’, summer cottagers, and also allows more flexibility in setting a time for the meeting.

In my view, the only time that in-person attendance may be necessary at a Board meeting, is if a site review or walk-around is necessary as part of the decision-making process. This could be performed in advance of the actual meeting so that all necessary information is available during the meeting. However, if in-person meetings are deemed necessary from time to time, consider limiting them to once or twice a year if possible. Remember, meetings of Directors and Owners are business meetings, intended for the purpose of making decisions on behalf of the Corporation.

To resolve the conundrum, some corporations have considered a hybrid approach,

with some attending in person and others logging in remotely. This can be successfully facilitated if the meeting room has access to a good Wi-Fi signal. To enable

However, if inperson meetings are deemed necessary from time to time, consider limiting them to once or twice a year if possible virtual participation, set up a computer so the camera can catch most of the room and perform a test to ensure everyone is audible. Although not essential, a television or large ‘slave’ monitor equipped with

a webcam would be ideal, to further enhance the participation experience for all.

Finally, the Chair of the meeting must be mindful to invite comments from remote participants, to restrict side conversations among in-person attendees, and to recap decisions to ensure everyone is clear on the outcomes of each discussion.

Pros and cons from a Unit-Owner’s point of view In-person meetings of owners allow an opportunity for neighbours to meet one another, and many corporations offer beverages and food as an enticement to attend.

However, in-person meetings sometimes pose audibility and visual issues for people seated at the back of the room or behind a party room column. There is also the potential for the meeting to be dominated by one or two unruly people who refuse to observe proper decorum or respect, much to the chagrin of the hapless Chair who may be unable to maintain order. This often results in the need for security staff (or in some extreme cases, police) to defuse the situation or to escort the person out of the meeting, with much wasted time and emotions running high. In some cases, the

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meeting cannot resume at all and is closed down by the Chair, leading to additional costs to reschedule the meeting to conclude the unfinished business.

After experiencing a virtual format, many residents have expressed satisfaction with the ability to attend owner meetings from the comfort of their homes. Non-resident owners are particularly happy to attend remotely via this technology, as there is no longer the need to travel to the site. Virtual owner meetings are most often hosted by professionals with expertise in meeting protocols, which allows these meetings to proceed with the business at hand in an orderly and organized fashion. Further, the audio is very clear, and video presentations are conveniently displayed on an attendee’s device.

If a social gathering is desired as a means of fostering community, these can be organized as a separate event. Informal ‘Town Hall’ information meetings and ‘meet and greet’ events are great ways to keep unitowners informed and engaged.

The issue from a Guest’s point of view There are many professionals who perform various roles that require their attendance at your meetings. These include members of your property management team, the recording secretary, occasional guests such as engineers, contractors and other service providers, and in the case of owner meetings, the corporation auditor and sometimes the solicitor.

Most condominium lawyers and auditing firms have taken the position that they will no longer attend meetings in person.

For other guests who are only required to attend for a portion of the meeting to address one topic, it no longer makes sense for them to travel to your site (very often during rush hour traffic), looking for parking for their vehicle, and then traveling back home, most often to find that their kids are already in bed.

Furthermore, current workplace legislation requires condominium Boards to ensure that the property manager, minutetaker and other professionals attending their meetings can perform their tasks in a stress-free and safe environment. A virtual meeting allows 100% protection against the transmission of various infectious ail-

ments. Further, as travelling to meetings is no longer necessary, traffic accidents and vehicle emissions are no longer a potential risk, resulting in a safer and healthier environment for the collective community.

The issue from the Recording Secretary’s point of view The same is the case for recording secretaries. Due to geographical limitations, the escalating cost of fuel, the extra time spent during travel, as well as potential health and safety risks, very few minutetakers are willing to attend meetings in person anymore. It has become extremely challenging and complicated for minute-

Informal ‘Town Hall’ information meetings and ‘meet and greet’ events are great ways to keep unit-owners informed and engaged taking companies to provide recording secretaries that would attend your meeting in person.

As condominium corporations are legally required to ensure that minutes are taken of their meetings, it would be prudent for condominium Boards to understand the benefits of virtual meetings from the recording secretary’s perspective.

A particular ‘pain point’ is coverage. Many condominium Boards plan their meetings for the last week of the month, when the previous month’s financial statements are in hand. To accommodate the increased workload during those weeks, minutetakers who attend virtually can cover more meetings back-to-back as geographical location and travel time would no longer be an issue. Further, on those super-busy days when the minute-takers are fully booked, a

virtual meeting can be easily recorded and the recording secretary can then prepare minutes of those meetings afterward, from the recording.

Another point is that meetings are easier to follow when there is only one speaker at a time. This goes for Board/Committee meetings as well as owner meetings.

Virtual owner meetings in particular are much easier to follow now that there is only one speaker allowed at a time, and the audio is crystal clear. The speakers are always asked for their name and unit numbers, which are often displayed on the screen as well, and thus, can be identified more accurately. Usually, a speaker is only permitted to ask one question at a time, after which they are muted. This organized approach is a definite advantage for recording secretaries to ensure accuracy in capturing questions and answers, documenting who made and seconded motions and whether a motion passed, etc.

Finally, virtual meetings are run in a more orderly fashion. We have even seen timers used during requisition meetings and for candidate speeches to allow each person to have an equal opportunity to speak. This also leads to greater accuracy in the minutes.

From our experience, the most efficient and effective means of conducting a business meeting is using remote technology, and most corporations have embraced fully virtual meetings as the new ‘best practice’ going forward. The benefits are numerous: enhanced accessibility as meetings can be attended from any location using various devices; there is increased flexibility in meeting times to ensure quorum is achieved; the meetings are efficient, orderly and productive as only one person can speak at a time and screen sharing allows all participants to view pertinent documents at the same time; there is no risk of transmitting colds, viruses and other communicable diseases; elimination of paper waste is environmentally friendly, and a virtual meeting often saves on expenses, such as refreshments, paper/copier costs, and overtime charges.

Hopefully this article is helpful in addressing the ‘elephant in the room’ concerning the best way of holding your condominium’s meetings! C V CONDOVOICE SUMMER 2022

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The Eight Member Shared Facilities Committee is Key to the Suc the Pinacle Centre’s Impressive List of Amenities

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James Russell - TSCC 8141 THE CLARIDGES Newsletters et Cetera

ION

the Success in Managing

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PHOTOGRAPHY BY JEFF KIRK

Driving or walking south from Union Station, you can’t miss the four spectacular towers that make up the Pinnacle Centre. What is not apparent to the casual passerbyer, however, is the Pinnacle Centre’s impressive list of amenities and, more importantly, the success of its Shared Facilities Committee in managing those amenities.

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We are absolutely blessed with great Boards and great (Shared Facilities) Committee members. The key that we experience from their side is the objectivity they bring to the table in these shared meetings.

Interestingly, the block-wide section of Toronto’s waterfront the Pinnacle Centre occupies was, as far back as the ’20s, fathoms under the placid surface of Lake Ontario and only fifty or so years ago, it was a dirt field complete with an eastbound onramp to the Gardiner Expressway.

Today, the Pinnacle Centre’s multi-acre footprint is comprised of TSCC 1788, 1834, 2030, and 2204. Or to Canada Post, 33 Bay Street, 12 Yonge St, 16 &18 Harbour St, and 16 Yonge St. The list of amenities managed by the Pinnacle Centre’s Shared Facilities Committee include: • • • • • • •

Banquet Hall Two BBQ areas Business Centre Cyber Lounge Meeting Room Party Room Combination Racquet and Basketball court • Squash court 22

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CONDOVOICE SUMMER 2022

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Mini golf course Seventy-foot swimming pool Tennis court Two private screening rooms And two state-of-the art fitness centres

is made up of two board members from each of the four towers. “Before they come to the Shared Facilities Committee meeting, they have to discuss these items at their Board meeting so when they come to the Committee meeting, they come with (their respective Board’s) decisions and the Committee makes the final decision,” says Elsa Salillari, one of the Pinnacle Centre’s hardworking Property Managers.

As the amenities are spread out between three of the four towers, the residents of the Pinnacle Centre’s 1,930 units have the use of a series of above and below ground corridors which allow them to travel from building to building without ever being exposed to the elements.

Additionally, rather than an impractical paper-based appointment system, given the large number of units in the complex, residents can book amenities on-line through the Pinnacle Centre’s dedicated portal.

Although the four towers were built, one at a time, over a span of seven years, ‘sharing’ existed from the very beginning. “When Tower A (16 Yonge St.) was built (in 2006) there were already shared facilities,” says Naseer Abbasi, District Manager at Del Property Management.

The Pinnacle Centre’s Shared Facilities Committee, which meets monthly,

“One of the biggest challenges we had is that when Tower A was built, they (the

developer) built a certain number of amenities and then Tower B came on board, and they built more amenities,” Naseer, then goes on to say, “So, as they were building these amenities, they were feeding these amenities from the mechanical plant in that particular building.” A common arrangement for many of the GTAs condominiums who are then faced with the challenge of ensuring that, in Naseer’s words, “each entity was being properly sub-metered and they are getting their share of chargebacks from the shared facilities.”

The agenda items of the Pinnacle Centre’s eight-member, Shared Facilities Committee meetings mostly concern the amenities and common elements exclusive to the Pinnacle Centre’s residents.

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of the parking garage ramp, and snow removal must include the retail owner as those expenses are shared five ways rather than four.

“If you ask me,” says Naseer, “we are absolutely blessed with great Boards and great (Shared Facilities) Committee members. The key that we experience from their side is the objectivity they bring to the table in these shared meetings. We hardly ever see them making subjective decisions because what may be good for one tower may not be always good for another tower, but when you bring the objectivity and collectivity into the decision process that is when you have successfully shared facilities like the Pinnacle Center’.”

Because of the sheer number of units, and residents, in the complex, “We usually do the social events just with Buildings A and B (12 & 16 Yonge)” says Elsa, who then

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adds, “The same thing happens with Buildings C and D (16 &18 Harbour and 33 Bay).

Each building has their own professionally designed newsletter which vary from two colour one-pagers to four colour two pagers. In addition to the usual notices concerning upcoming social events, elevator maintenance, window washing, safety tips, etc., each of the four condominium’s newsletters includes a section devoted to news and announcements concerning their share amenities.

tre’s residents is not atypical for newer waterfront buildings, “I think they’re a more younger generation, we rarely see kids here in the building,” says Elsa.

While, Huda Abbasi, Property Manager for 16 and 18 Harbour Street and 33 Bay Residences, completed in 2009 and 2011 respectively, says “This is the most multi-cultural building I have ever walked into. I have managed quite a few, high end to every end, but when I walked in here, I was pleasantly surprised.”

points out, “When we talk about (successful) shared facilities as managers we always ask, ‘What is the magic?” Clearly that ‘magic’ comes from the “objectivity and collectivity” Naseer attributed to the Pinnacle Centre’s Shared Facilities Committee’s impressive success.

The average age of the Pinnacle Cen-

As we wind down our interview Naseer

Even magic can be taught. C V

As we humans must share this rock and water planet, third from the Sun, perhaps the world’s leaders could learn a thing or two from the Pinnacle Centre’s successful Shared Facilities Committee.

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Yulia Pesin Deo Condominium Lawyers

Insurance

Leaking Toilets, Fires, and Kai Zachary and Clara Rose from unit Everything inget Between 5819 decided to away for the weekend, leaving their condominium unit unattended for two days. Unbeknownst to them, the toilet valve Rose in their ensuite Kai Zachary and Clara from unit bathroom wastodeteriorating for weeksome 5819 decided get away for the time. As the laws of the universe will have end, leaving their condominium unit it, the toiletfor valve down during unattended two broke days. Unbeknownst Kaithem, and Clara’s weekend Water to the toilet valve getaway. in their ensuite quickly filled thedeteriorating ensuite toilet and overbathroom was for some flowed the of unit’s bathroom time.

Asonto the laws the universe willfloor. have Four later, Kaibroke and Clara’s was it, thehours toilet valve downunit during flooded water, as were sevenWater other Kai and with Clara’s weekend getaway. units below four units adjacent to quickly filledand the ensuite toilet and overtheirs. The emergency flowed onto condominium’s the unit’s bathroom floor. remediation and Kai repair forunit the was waFour hours later, andcosts Clara’s ter damage flooded withtotalled water, asover were$100,000.00. seven other Thankfully, had water units below the andcondominium four units adjacent to escape insurance coverage, albeit it cartheirs.

The condominium’s emergency ries a $25,000.00 deductible.

As the is comremediation and repair costs for wamondamage in thesetotalled circumstances, a dispute ter over $100,000.00. arose between and Clara had andwater their Thankfully, theKai condominium condominium, as to who wasalbeit responsible escape insurance coverage, it carfor the cost to repair the flood ries a $25,000.00 deductible.

Asdamage is comand toinwhat extent. mon these circumstances, a dispute arose between Kai and Clara and their The condominium Ms. Sophia condominium, as tomanager, who was responsible Aubree, at the the Board of for the cost to direction repair theofflood damage Directors, a chargeback letter to and to whatissued extent.

Kai and Clara, seeking reimbursement of the $25,000.00 manager, deductible. and The condominium Ms.Kai Sophia Clara, however, were adamant they Aubree, at the direction of the that Board of cannot be held liable for the deductible Directors, issued a chargeback letter to amount. they were not at fault!

Kai and After Clara,all, seeking reimbursement

n o i t a r t s g: u l l I din n Pen ome o to c nday Mo

of the $25,000.00 deductible. Kai and Clara, however, were adamant that they How were cannot be held theyliable to know for the thatdeductible their toilet valveAfter amount. was deteriorating all, they were not andatwould fault! breakdown How were they on their to know weekend thataway? their The toidispute let valvebetween was deteriorating Kai and Clara and andwould their condominium breakdown on their quickly weekend escalated, away?with The both parties dispute between retaining Kai and counsel.

Clara and their condominium quickly escalated, with Manyparties both of us inretaining the condominium counsel. industry know the above scenario to be a “condo classic”.

Many ofNeither us in thethe condominium factual circumstancindustry es northe know theabove legal scenario framework to be of acharge“condo backs are classic”.

Neither new. the Yet,factual the interpretation circumstancandnor es application the legal offramework chargebacks of chargecontinues to are backs cause new. much Yet, confusion the interpretation for condominium and application managers, of chargebacks board members, continand unittoowners ues cause much alike. confusion Much of this for condohas to do with managers, minium the intricate board and members, technical and nuancesowners unit of chargeback alike. Much provisions of this andhas their to broad do with interpretations the intricate and depending technical on nuthe preciseofwording ances chargeback of the provisions provisions andintheir the Condominium broad interpretations Act, 1998 depending (the “Act”), on the

precise wording of the provisions in the Condominium Act, 1998 (the “Act”), the declaration and by-laws of the corporation. Below, we breakdown some of these technical nuances and dispel much of the confusion surrounding chargebacks.

Section 105 of the Act governs insurance deductibles. Subsection 105(1) of the Act provides that if a condominium’s insurance policy carries a deductible, the amount of the deductible shall be a common expense. This subsection applies to scenarios where the damage is either caused to a condominium’s common elements and/or originates from the common elements (e.g. hallways, stairways, lobby, recreational facilities, parking garage etc.). In this circumstance, the condominium’s insurance company will pay for the repair costs to the common elements and/or any affected units, however, the condominium will be responsible CONDOVOICE SUMMER 2022

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ILLUSTRATION BY CLAYTON HANMER

Navigating the Chargeback Matrix Leaking Toilets, Fires, and Everything in Between Matrix

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for the cost of the insurance deductible.

The insurance deductible amount would be deemed a common element expense shared by all units.

a chargeback to the Origin Unit if the condominium submitted a claim to their insurer for coverage. Thus, there is a common industry misconception that if a condominium chooses to forego submitSubsection 105(2) of the Act states that ting the claim to its insurance company if an owner, a resident, or guest of a unit, and instead pays for the repairs to the causes damages to the owner’s unit, Origin Unit outright, the condominium through an act or omission, the amount is barred from issuing a chargeback to that is lesser of the cost of the Origin Unit. In The wording fact, however, a conrepairing the damage to the unit and the deductible limit, of subsection dominium’s right to shall be added to the owner’s chargeback the Ori105(3) enables a gin Unit for damages unit as a common expense.

Thus, subsection 105(2) of condominium to sustained in the Orithe Act, has two qualificaUnit is not conpass a by-law that gin tions: tingent on the condoallows the minium submitting (1) The chargeback can only condominium to the damages claim to be applied to the cost of its insurer. As long chargeback the as the condominium repairing the unit from which the damage origiOrigin Unit for the paid for the damages nated (the “Origin Unit”) repair the Origin cost of repairs to and cannot be applied to Unit and is able to esup to the cost tablish an act or omisthe cost of repairing any other units and/or comof its insurance sion on the part of the mon elements which were Origin Unit owner, deductible resident or guest that damaged; and, irrespective either caused or re(2) The chargeback can only in the damage, of any act or sulted be applied if the corporathe condominium can omission on the chargeback the Orition can establish negligence on the part of the part of the owner, gin Unit the cost of owner, resident, or guest it, up to the resident, or guest repairing of the Origin Unit by condominium’s insurshowing that an act or of the Origin Unit. ance deductible. omission by the owner, resident or guest has caused and/or In Kai and Clara’s case, subsections resulted in the damage.

105(1) and 105(2) of the Act do not assist the corporation much. After all, as In Kai and Clara’s case, pursuant to the a result of the flood that originated in provisions of the Act, the corporation unit 5819, eleven other units and the can issue a chargeback only for the cost condominium’s common elements were of repairs made to Kai and Clara’s unit damaged. The repair costs to unit 5819 (but not for the cost of repairs to any of are negligible and well below the cost the other 11 affected units or the affected of the corporation’s insurance deductcommon elements if there is no insurance ible, compared to the repair costs to the deductible by-law). Furthermore, if there other units and common elements that is no insurance deductible by-law, in or- were damaged. In addition to that, the der to issue the chargeback, the corpora- corporation has no evidence that Kai or tion will first need to establish that Kai Clara did anything or failed to do anyand Clara either did something or failed thing which caused their ensuite toilet to do something, which had caused and/ valve to break and result in the flood. or resulted in the leak.

Luckily for the corporation, subsection Condominium professionals and unit 105(3) of the Act provides that a conowners are often under the mistaken be- dominium may pass a by-law to extend lief that a condominium can only issue the circumstances listed in subsection

105(2), under which the condominium can issue a chargeback to the Origin Unit (from where the damage originated). Ms. Aubree, being the diligent condominium manager that she is, turns to the condominium’s governing documents for a search of a deductible by-law.

In today’s age, most condominiums have some form of a deductible by-law in their governing documents. Unfortunately, however, we often find that these by-laws are either poorly drafted or fail to fully extend the application of the deductible chargeback by removing all the qualifications listed in subsection 105(2) of the Act. Specifically, the wording of subsection 105(3) enables a condominium to pass a by-law that: (1) Allows the condominium to chargeback the Origin Unit not only the cost of repairs to the Origin Unit but also the cost of repairs to any other affected units and/or common elements, up to the Corporation’s insurance deductible amount (irrespective of whether the condominium submitted the claim to its insurer); and, (2) Allows the condominium to chargeback the Origin Unit for the cost of repairs up to the cost of its insurance deductible irrespective of any act or omission on the part of the owner, resident, or guest of the Origin Unit.

Thus, with a properly drafted insurance deductible by-law, all that the corporation will have to establish to issue the chargeback to Clara and Kai is that the flood originated from their unit. The corporation will not have to limit the amount of the chargeback to the cost of repairing only Clara and Kai’s unit, nor will it be required to prove any act or omission by Clara and Kai that either caused or resulted in the flood.

A properly drafted chargeback by-law that extends the application of a chargeback to the fullest limits permitted by subsection 105(3) of the Act will benefit a condominium corporation in a multitude of ways. For one, a properly drafted chargeback by-law will simplify Ms. Aubree’s role in applying the chargebacks.

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Ms. Aubree will know that anytime that damage occurs in the condominium that arises from a unit, she can chargeback the Origin Unit for the cost of the repairs to any portions of the building, up to the condominium’s insurance deductible. A well drafted chargeback provision will also allow the condominium to recoup larger and more frequent chargebacks from unit owners and, therefore, protect the corporation’s financial viability. Furthermore, a well-drafted chargeback by-law may also reduce the corporation’s insurance premiums in the long run.

deductible coverage. An insurance deductible covFor condominiums erage is a standard form that do not yet insurance policy that is available to unit owners have a chargeback to cover the cost of the by-law, we condominium’s insurance In Kai and encourage the deductible.

Clara’s case, the corporaboards of tion issued a chargeback the basis of the condirectors and on dominium’s well-drafted condominium chargeback by-law, which managers allows the corporation to chargeback the cost of to consider the $25,000 deductible to amending their Clara and Kai irrespecof their negligence corporation’s tive (i.e. an act or omission governing that either caused or redocuments sulted in the leak). Luckily, Kai and Clara have to include a an insurance deductible chargeback by-law policy, which will pay out the $25,000.00 deductCorporations that choose ible chargeback issued to to pass an insurance deductible by-law them by Ms. Aubree, on behalf of the conare also encouraged to inform and ed- dominium. Customarily, the deductible ucate their unit owners on insurance amount of owner-purchased insurance

deductible policies is $1,000.00 (versus the corporation’s insurance policy which carries a significantly larger deductible). Accordingly, a properly drafted chargeback by-law will close the gap on uninsured losses and help the corporation and its owners save significant costs over time.

For condominiums that do not yet have a chargeback by-law, we encourage the boards of directors and condominium managers to consider amending their corporation’s governing documents to include a chargeback by-law. For condominiums that have a chargeback bylaw already, we encourage the boards of directors and condominium managers to review the by-law and ensure that it extends the application of the chargeback to the fullest extent permitted by subsection 105(3) of the Act. A properly drafted insurance deductible by-law will quickly pay for its upfront investment by crystalizing the application of the chargeback, simplifying enforcement of the chargeback and maximizing the corporation’s recovery of chargebacks in the long term. C V

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ADVERTORIAL

McIntosh Perry Gold Partner of CCI Toronto and Area Chapter

Last year McIntosh Perry’s Facility Assessment & Restoration team successfully delivered an urgent project to repair the exterior facades & deteriorated brick EIFS which constituted a safety hazard for the high-rise condominium located at 1132 Bay St, Toronto.

The urgent investigation phase included test cuts, reviewing the existing wall configurations, identifying the cause of the deterioration, and quantifying the required repairs. Conservative project estimates were provided to the Client by the end of the investigation phase.

The challenge was to get this project done in two months, knowing that all elevations showed signs of deterioration which constituted a major safety hazard at this congested location, we were approached by the Client in mid-October and the cold weather season was about the start.

Our design included the best engineering practices when it comes to repairing a self-draining EIFS, replacing the deteriorated wall sections including but not limited to: • • • • •

Exterior brick walls localized repairs (EIFS) including architectural accents.

Load-bearing steel lintels and shelf angles replacement.

Through-wall flashing localized repairs.

Horizontal and vertical control joints repairs.

Sealant replacement at all wall penetrations.

Ensuring that the repairs will be blended well with the rest of the building’s exterior facades and to have the aesthetic look was one of our goals while performing the required construction review and contract administration, and the project was completed on time and as budgeted to the satisfaction of our client. and our team received a letter of commendation.

Our history with the condominium industry goes back to the 1980’s, we have worked with condo boards and strata boards, rental apartment building portfolio owners, real estate investment trusts (REITs), commercial building owners, architects, and general contractors. We can both assess current condition and advise on solutions, including which ones pay off in terms of property value increases. Our engineers have decades of experience not only in building construction, but in advising owners and managers on repairs and upgrades.

Here at McIntosh Perry, we understand the needs of condo boards and their residents. We are a valued and experienced partner with condo boards and have completed many projects all over the city. We are an ever-growing and constantly evolving, turning possibilities into reality.

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Stephen Skolny CAIB Vice President, Client Executive BFL Canada

2022 Outlook:

Residential Real Estate Property Insurance The Pandemic, a Historically Hard Market Cycle, and Record-Breaking Global Catastrophe Losses The pandemic, a historic a hard market cycle, and record-breaking global catastrophe losses have challenged the property insurance market over the last 28 months in many ways.

How have major global events impacted residential real estate insurance?

The Pandemic The good news is that from a physical property perspective, a pandemic does not cause physical property damage so this has had no real impact on property insurance. What we have seen at the start of the pandemic, is most insurance companies used this opportunity to create clarity to the absence of any property coverage by way of endorsing policies with a “communicable disease exclusion”.

These exclusions clearly define and exclude a communicable disease.

For commercial business owners, exposure to business interruption continues to remain a concern. In the first year of the pandemic, retail was amongst one of the hardest hit segments and more likely to request relief than office and industrial tenants. Landlords had to become more flexible with lease negotiations, rent deferrals, etc. With gradual reentry into physical spaces in 2021 and 2022, commercial real estate is going to see renewed interest from investors.

Extreme Weather This past year insurers and taxpayers have also, continued to feel the impact and financial cost of a changing climate.

Storms, floods, wildfires, earthquakes and other extreme weather events have caused a total of $280BN in damage and $120BN of insurable losses in 2021 ac-

cording to Munich RE, one of the largest reinsurance companies in the world.

When you do the math that is an increase of $114BN or a shocking 69% in a span of 2 years.

These repeating catastrophic insurable events affect the reinsurance market and eventually trickle down to impact consumers. Thankfully, rate and deductibles have increased to attract new insurer support over the last 2 years, which has created stabilization.

Claims across Canada are not provincial; they are the same insurance companies across Canada that share in the paying of all claims. Therefore, a flood in British Columbia, is being paid by the same insurance company that in on risk for a condominium in Ontario.

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ILLUSTRATION BY TIM ZELTNER

As we head into 2022, a question that has been on everyone’s mind is how have global events impacted real estate insurance and, what can I expect when budgeting for insurance premiums? These are some of our thoughts based on what we see happening in the marketplace.

Properties in higher risk areas could see a reduction in available insurance capacity meaning brokers will have to look further afield to find coverage Hard Market Insurers have faced multiple years of low investment returns and decreasing profitability. Combined with the pandemic and unprecedented economic uncertainty, it has led to one of the most extraordinary hard markets cycles in history. The only option left for insurers was to increase rates and improve their operations in order to return to profitability.

What Will Affect Your Insurance Premiums In 2022?

The answer to that question is; it depends.

There are many considerations to take into account but here are the top five that could have an impact on your insurance in 2022.

Inf lation. A shortage of labor due to the pandemic along with material cost increases have had an impact on replace-

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ment values which have seen an increase between 5-20% based on the leading property appraisers in the country. The increase in replacement values causes a direct impact on the property insurance premiums you pay.

Location as it relates to Catastrophic (CAT) events. Earthquake, flood & wildfire are three of the main CAT perils insurance companies review to qualify risks.

Properties in higher risk areas could see a reduction in available insurance capacity meaning brokers will have to look further afield to find coverage.

Construction Type. Typically, there tends to be more insurance capacity in the marketplace for fire resistive properties than for wood frame properties due to the exposure of fire.

Claims History. Properties that have had an unfortunate claims history could see a reduction in available capacity and/or increased insurance rates and deductibles.

Maintenance. When insurance companies are qualifying risk, they look to see how the property is maintained.

If you have an older building, insurers ask will ask questions such as when was the roof replaced, how the plumbing is maintained, etc. The key here is to open a dialogue and understand any impacts that could affect your property.

How can working with a broker help reduce my premiums?

A broker is a licensed insurance professional who understands your needs and helps source competitive quotes for condominium insurance. A broker reviews your individual insurance needs and recommends coverage solutions that best fit. Knowledge and expertise combined with access to a wide range of insurance companies allows brokers to do the shopping for you and find the best coverage pricing in the market to bring you savings and choice. C V

Paul Rudling, P.Eng. Project Manager Edison Engineers

Jason Truman, P.Eng. President, and Team Leader Edison Engineers

Window Repair vs. Replacement

Glazed and Confused Are you experiencing chronic window pain at your building and in need of some relief? You are not alone.

In our experience, 25+ year old condominium buildings across Ontario are struggling with poor performing windows and have not set aside sufficient funds to pay for major repairs and replacement. This is primarily due to the following two factors:

2. Reserve Fund planners are underestimating the cost of window replacement.

The cost of replacement is increasing at about 4-7% annually due to increases in glass, aluminium, and labour costs.

Pandemic related inflation has increased the cost of window replacement by 20-30% just in the past two years.

Planners are also using low unit rates based on replacing punched windows only. Window wall system replacement in high rise buildings is significantly more labour intensive and much more expensive.

Window replacement projects represent a once in a generation opportunity to add significant value to the appearance and performance of your building. Condominium Boards should follow a proven process to help maximize this opportunity and to drive the project to successful completion.

Windows vs. Glass First, let us clarify terminology. When we refer to windows, we are talking about the frames, which are typically prefinished aluminum and thermally broken, fixed glass or sealed double-glazed insulating glass units (IGUs), and operable glazing

units, which can be horizontal sliders, awning, or hopper styles.

It is considered normal maintenance to replace the IGUs as they fog up due to failed seals. As the windows age, the cost of IGU replacement will increase and annual costs can become very significant. This is often referred to as “window” replacement whereas technically this is IGU replacement. Window replacement typically means replacement of the entire window system, including the aluminium frames and glass.

How long should we wait before replacement?

Many condominium Boards and Owners want to know when the optimal time is to replace their windows. The answer depends on many different factors including the current condition of the existing windows, opportunities for refurbishment, CONDOVOICE SUMMER 2022

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1. Reserve Fund planners are assuming that windows will either not need replacement or replacement will occur many decades in the future. The reality is that windows should be planned to be replaced after 30-40 years of service life. Current window technology is far superior, resulting in energy savings and dramatically increased comfort for residents compared to aged windows.

Furthermore, Owner’s and buyer’s expectations for performance are much higher, since they are comparing new and old condominium buildings.

Here’s an example of a 3D rendering that helped a condominium community explore options and window configurations during the design phase. At this building, total glass area was increased and sliding operable units were changed to awning style to improve performance, ventilation, and appearance.

Photo

and financial constraints. Determining the right timing of replacement for your building is a critical first step in the process. Triggers that often drive window replacement include: • Prevalence of water leaks.

• Air leakage and drafts.

• High cost of repairs to maintain the windows including IGU replacement.

• Poor aesthetics diminishing building value and affecting enjoyment of windows.

• Poor performance affecting comfort, i.e., extremely hot in the summer and cold in the winter.

Understand Your Building: Leave No Stone Unturned Before embarking on a major repair or replacement project, best practice is to fully understand the current condition of your windows and to explore various options.

Working with your engineering partner,

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Board’s should complete the following steps: 1. Condition Assessment: Exterior and interior assessment of the windows, including wall cut-outs to check concealed as-built conditions. Explore various options for replacement including cost estimates.

2. Energy Modelling: Develop models calibrated to utility data to assess the energy contribution of existing windows, calculate potential energy savings, and optimize design.

3. 3D Renderings: Used to illustrate views out of existing and new windows and to demonstrate what the new windows will look like from the exterior.

Allows for comparison of options.

4. Thermal Modelling: Used to assess surface temperature of the frame and glass which have significant impact on comfort.

5. Cost Analysis / Impact on Reserve

Rendering

Fund: Review financial options and funding plans.

6. Glass Sample Review / Frame Sample Review / Mock-Ups: Confirms all details, colours and styles before the full project starts.

Do I have to replace my windows?

With aged windows at the end of their service life, we typically consider two primary options: 1. Defer Window Replacement: Retain existing frames and complete a major window retrofit.

2. Window Replacement.

To retain the original window frames and extend the life of the window system a major retrofit is an option. Retrofit projects can include re-coating the exterior frames and panels to improve appearance and protect the metal, re-

Here is an example project where a window retrofit mock-up was completed above a window replacement mock-up.

The retrofit included new glass, new sealants, and a new exterior coating on the frames. Replacement provided an opportunity to redesign and modernize the window layout by increasing the glass area to improve the view. The new windows also include awning style operables and glass, rather than painted metal spandrel panels. The new opaque glass spandrel panels and shop-applied frame coatings provide a modern and vibrant aesthetic.

Retrofit

Original

Replacement

placing exterior sealants, refurbishing the weatherstripping, and replacing the IGUs with higher performance glazing.

This type of major retrofit is a significant investment and should only be considered if your community is willing to live with the original frames for another 1520 years or more. At that point, window replacement or another extensive retrofit will be required.

On the other hand, replacing the windows will reset the life of the windows for 35+ years with only minor maintenance repairs. Comparing the life cycle costs of refurbishment vs. replacement is a useful exercise to help the Board make a wise decision in the best interests of the condominium.

Build Trust in your Community Communication, communication, communication. Involving owners in the decision-making process before any decision are made is critical to getting buy-in from the majority of Owners. Working with professionals experienced in window replacement projects will provide tools and processes to help Boards manage communication with Owners. Communication is critical to the success of the project for many reasons, including: 1. Building trust by demonstrating the Board has done their due diligence and has left no stone unturned.

2. Allowing Owner’s concerns to be voiced and considered.

3. Keeping the Board in control of the in-

formation and allowing the Board to adapt the message based on feedback.

4. Reducing surprises and anxiety.

5. Educating Owners on the complexities of windows such as maintenance, humidity control, design options, purpose of each window component, how replacement occurs, etc.

Windows are a portal to the outside environment which allows light, air, sound, and warmth pass through. High performance and visually appealing windows can transform an Owner’s experience of their home.

Managing a major window replacement or refurbishment project is a challenging yet rewarding experience. Leveraging a proven process will help you achieve a successful project every time! C V

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Sophia Simeone, P.Eng. Synergy Partners Consulting Ltd.

Sally Thompson, M.Sc. P.Eng. LCCI Synergy Partners Consulting Ltd.

Reserve Fund Study Report Cards NAME

GRADE

The Importance of Section 98 Agreements A–EXCELLENT

B–COMMON MISTAKE

Site Description The site consists of a 15-storey residential condominium with 225 residential suites and a two-level underground parking garage. Each suite has a balcony. The building was constructed in about 1983.

Reserve Fund Assumptions The concrete balcony slabs are in need of structural repair due to delamination of the slab-edges and topsides. Repairs will require removal of the outer edge of the concrete slab in most suites, and topside repairs to the concrete on many balconies.

Many owners have installed tiles or other finishes on their balconies. Management reported that the tile was the responsibility of the unit owners. The reserve fund study provider requested a copy of a Section 98 agreement, and when none could be provided, budgeted for repairs, including the cost of removing the tile finishes and reinstating a reasonable balcony finish.

The Reality A Section 98 agreement sets out a unit owner’s responsibility for an addition, alteration, or improvement (AAI) that they have made to the common elements. For example, with respect to balcony tiles, an agreement would define who pays for the tile in the event the structural slab below the tile requires repair.

At this site, not all units had Section 98 agreements on title for their balcony finishes. Many unit owners had purchased units with tiled balconies, without the tile on the balconies being flagged as an addition, alteration, or improvement in the status certificate.

Without Section 98 agreements, the corporation is on the hook for the cost of removing the tiles and may even be responsible to replace with similar after the repair.

C–COULD DO BETTER

A D–DEFICIENT QUALITY

The tiles also pose other problems to the corporation: • The thickness of the tile and setting bed make the guards shorter by about 1 inch. In some instances, this makes the guards non-compliant.

• Due to chlorides in the concrete, there is top-side delamination of the slab that is made worse by the tile, because water can get below the tiles and get trapped, keeping the slab wet.

Lessons Learned for Reserve Fund Planners If you notice that there are varying balcony/terrace finishes that will need to be removed to make balcony repairs, you should confirm with management whether units with AAIs have Section 98 agreements on title. You should also request a copy of a sample agreement to understand unit owner versus Corporation responsibility with respect to the AAI. This helps you know if the finish needs to be covered by the reserve fund study. You may need support from the Corporation’s legal counsel to determine if the finishes must be reinstated by the Corporation after the repairs are completed.

Takeaways for Board of Directors and Property Managers You should never permit a unit owner to make changes to the exclusive-use common elements appurtenant to their suite without registering a Section 98 agreement on title.

Before approving tile or other finishes on balconies, you should have an engineer review to ensure that the height of the guard won’t be made non-compliant by the surfacing. They will also be able to make recommendations regarding the installation of a waterproofing membrane on the slab prior to installation of the tile, particularly if your building has chlorides in the concrete (common in buildings prior to about 1987) or posttensioned slabs. C V CONDOVOICE SUMMER 2022

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Anne Beninger BArchSc, PMP, LEED AP Project Manager Pretium Engineering

Accessibility

Ramp Up Your Retrofits Let’s Disable Ableism in our Buildings!

Nearly every article that discusses accessibility starts with similar statistics. We all generally get it. We should design spaces that can be navigated comfortably and independently by all people, regardless of ability. Despite knowing the statistics, weak legislation and lack of awareness persists. We continue to maintain barriers in our buildings; even worse, we still create them. A barrier may be obvious – such as stairs – or more subtle – such excessive glare from the brilliantly buffed floor that

is painful or disorienting to people with certain sensory impairments.

Building Codes, Standards, and Guidelines In Ontario, there are two pieces of legislation that provide minimum requirements for accessibility in and around our buildings: • The Ontario Building Code (OBC)’s accessibility requirements are generally found in Section 3.8 Barrier Free Design. Other sections are referenced for stair and guard dimensions, minimum lighting, visual fire alarms, etc.

Significant changes have been made to the OBC over the past decade related to accessibility, with a comprehensive update in 2015. In general, the minimum dimensions for elements such

as circulation areas, door widths, and accessible washrooms have increased, and additional safety provisions have been added.

• The Accessibility for Ontarians with Disabilities Act (AODA) became law in 2005 and applies to all non-profit and private sector businesses in Ontario that have one or more employees – this includes condominiums. The AODA sets out a process for developing and enforcing accessibility standards. The standards for the built environment are discussed in Part IV.1 Design of Public Spaces (DOPS), which became law circa 2013.

Generally, the AODA’s DOPS covers exterior publicly accessible areas, such as parking areas and pedestrian paths. In contrast, CONDOVOICE SUMMER 2022

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According to the Canadian National Institute for the Blind (CNIB), approximately 1 in 5 Canadians (22%) live with some form of disability. Furthermore, nearly 14% of Canadians are 65 or older – a figure that is expected to double in the next 25 years. As we age, we experience losses in mobility, strength, stamina, hearing and vision. Ensuring an accessible built environment ensures equitable access to housing for all and affords ourselves and our elders the dignity to “age in place” – the ability to live in the same home or community safely, independently, and comfortably, as a person ages.

formation on how to make buildings and the exterior built environment accessible and safely usable by persons with physical, sensory, or cognitive disabilities.

• Most municipalities have developed their own facility accessibility design guidelines, documents similar to CSA B651, which can be downloaded from the web (search your City Name and Accessibility Design Guidelines/Standards). Although these guidelines are not mandatory for privately owned buildings, they provide a wealth of practical information.

Caption: Since 2015, Ontario Building Code requires power door operators on entrances to assembly spaces within residential buildings, such as party rooms.

Since 2015, the Ontario Building Code requires power door operators on entrances to assembly spaces within residential buildings, such as party rooms.

the OBC barrier-free requirements cover mostly indoor spaces. However, there is some overlap. The DOPS includes interior service-related elements such as service counters and waiting areas, and the OBC covers exterior elements related to entrances, exits, and access to these elements from the street or parking area.

Both the OBC and AODA are considered “go forward” legislation, meaning the requirements are not retroactive. Herein lies the weakness. Your building need only meet the requirements of the time that it was designed and the building permit was issued. Commonly, it’s only when undertaking an extensive renovation (e.g., when moving walls and changing the use of a space), that inaccessible elements within the project area must be upgraded to meet current code under part 11 of the OBC. In condominiums many significant renovation and renewal projects – such as corridor refinishing, exterior paving replacement – are considered basic renovations or maintenance projects and do not require upgrading to current code. These projects are missed opportunities to create more accessible and inclusive spaces.

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managers should as well. Compliance with these does not mean compliance with the Ontario Human Rights Code (HRC). The Human Right’s Code requires that people are not discriminated against due to their disability and implies a level of accessibility be provided, unless an organization can prove it is an undue hardship to provide the level of accessibility requested. The HRC takes primacy over all legislation and supersedes the OBC and AODA. Condominiums have a duty to accommodate residents, visitors and staff. As such, renovations to remove barriers may be required at any time if a request to accommodate is received by an affected party.

For those who are ready to move beyond the bare minimum and want to know how to do their part to make to make their buildings more inclusive, there are many free/low-cost guides available: • The CNIB Foundation provides information on creating accessible environments for people who are blind in their website, Clearing Our Path (www. clearingourpath.ca).

• CSA B651 - Accessible Design for the Built Environment (cost $125), is a nationally recognized, voluntary standard which includes better-practice in-

These guides provide more detailed requirements for specific spaces and building elements than prescribed in the OBC and AODA. They also include photographs, easy-to read illustrations, and commentary to better understand the design criteria.

Renovations Most of us did not have any involvement in the design of the buildings where we live or manage. Upgrading an existing building to remove all barriers to accessibility is often a costly proposition. By identifying barriers and understanding where they exist in your building, you can prioritize and make a multi-year plan to eliminate them. Some more urgent items can and should be done as soon as possible (think Human Rights). Others can be incorporated into design choices when implementing renovation projects at little to no additional cost. When replacing an element, consider how you can make it better for everyone.

Here are just a few examples of things to consider when undertaking renovation and renewal projects: • When refurbishing corridors, common areas and amenity spaces (e.g., party rooms, gyms, laundry, etc.), choose a colour scheme that provides contrast between the floor surface, walls and doors which aids in wayfinding for individuals with low vision. Install power door operators at amenities and widen door openings. Replace audio only fire alarm signals (i.e., bells or speakers) with combination audible/ visual signals, which incorporate flash-

•

• •

•

ing lights to signal an emergency to deaf individuals. Install a Universal Washroom if no accessible washroom is present.

When refurbishing the lobby, re-design the reception desk to include a portion with a counter-top height that is usable by all individuals, including those using mobility devices, children, and persons of short stature.

Updating changerooms? Convert inaccessible showers stalls to a roll-in shower.

Replacing the party room kitchen? Ensure the layout allows sufficient space for turning a wheelchair and consider adding a countertop with lowered height and knee clearance. Avoid elevated “breakfast bar” configurations that exclude people in a seated position.

When repainting stairwells, as a minimum, add a strip of paint in a contrasting colour at the nosing and paint the handrails a contrasting colour to the walls. Install handrails on both sides, if one is missing. Consider replacing the handrails with a more ergonomic shape. Consider adding tactile walking

Caption: Signage with tactile (raised) text and pictograms can be comprehended

Signage with tactile (raised) text and pictograms can be comprehended by a wider range of people. by a wider range of people.

surface indicators (TWSIs) at landings which signal with texture and colour the end of a landing. These simple changes help people with vision loss or balance issues more safely navigate stairs.

• When replacing the building intercom

entry system, choose a model with a larger screen with larger text and with both audible and visual prompts. Ensure it is mounted a height where the controls are reachable from a seated position.

• Any type of operable control should be operable with a closed fist or in a manner that does not require tight grasping, pinching or twisting of the wrist.

Replace all older style doorknobs with lever-style. Replace keyed locks or switches with electronic fob readers.

Replace the handles on refuse chute intake doors that have thumb-release latches with lever handles.

• When replacing exterior walkways, widen pathways to allow people who use mobility devices to easily pass by in opposite directions. Reduce slopes wherever possible and install ramps (complete with guards and/or handrails) when slopes exceed minimum AODA requirements. Install curb ramps (a small ramp built into the curb of a sidewalk) at logical transitions between parking/roadways and sidewalks (e.g., the most direct

A boutique management firm offering services tailored to your unique requirements.

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flooring or surfaces with excessive glare can be disorienting. Changes in ground covering texture can signal the edges of a path, increasing safety; however, some ground coverings can be more difficult to navigate for people using mobility devices (e.g., canes, walkers, and wheelchairs). Interior designers and landscape architects understand materiality and colour theory and can provide valuable guidance for renovation projects.

Handles with thumb latches on garbage chutes are difficult to operate for many and do not meet today’s Ontario Building Code. Lever style handles in a contrasting colour to the door are preferred.

Caption: Handles with thumb latches on garbage chutes are difficult to operate for many and do not meet today’s Ontario Building Code. Lever style handles in a contrasting colour to the door are better are preferred.

path of travel, at passenger drop off areas, etc.). Install TWSIs wherever a pedestrian path intersects with a vehicle path to signal a hazard. If undertaking this work without a design consultant, make sure your contractor is aware of AODA and OBC requirements for ramps, curb ramps, pathways, and TWSIs (which include minimum dimensions, maximum slopes, and material contrast).

• When replacing asphalt paved parking areas, update accessible spaces to current standards, which includes a side access aisle and improved signage. Consider adding additional accessible visitors’ spaces, if space permits. Modifying parking stalls in condominiums can be tricky. It may not be possible to increase the size or quantity of spaces in parking garages, where the structure was designed to meet the minimums at the time of construction. Surface lots provide a better opportunity; however, exclusive use ownership of specific stalls may restrict options. A legal opinion should be obtained.

• A garage roof deck waterproofing replacement project, which requires re46

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moval and replacement of site finishes to access the waterproofing, is a perfect opportunity to review the design of exterior areas and make changes to increase accessibility (see above walkways and parking).

Overall Design Elements Some design elements are applicable to all aspects of a building, both interior and exterior, such as lighting, material choice, signage.

Lighting is an important safety feature, as it increases visibility and detectability of elements and features, such as steps or protruding elements. Lighting aids in wayfinding and usability of controls (door hardware, intercoms, power switches, etc.). Lighting should be designed to reduce glare on surfaces and be evenly distributed to minimize pools of light or shadows which can be disorienting to some individuals.

Material choice, including colour, contrast, and texture, can be both helpful and hurtful. Use of contrasting colours between elements increases visibility; however, however, heavily patterned

Wayfinding signage is an often-overlooked element in accessibility. As a minimum, signage incorporating the International Symbol of Access (usually blue square overlaid in white with a stylized image of a person in a wheelchair) should be used to identify a barrier-free washroom, accessible parking areas, an accessible entrance and the barrier-free path from the accessible parking area to an accessible entrance. Well-placed signage reduces the distance travelled and therefore effort it takes to locate these elements.

General building signage – such as room labels and directional signage – should be consistently shaped, coloured and positioned to make it easy to locate. Long term residents probably know where the gym, party room, and management office are located. However, visitors and new residents rely on signage and other visual cues. Well-designed signage, incorporating pictograms, tactile elements, simple font, can be comprehended by individuals with varying levels of vision as well as those who do not speak the prevailing language.

Learn and Evolve This article only scratches the surface of disabling barriers. Hiring an accessibility consultant to conduct an accessibility audit, as you might hire a building envelope consultant to complete a roof or cladding evaluation, can help with long term planning. Building codes, standards and guidelines evolve as our understanding does. We should continue to take lessons from the lived experience of all building users to continue to make improvements that promote equity and inclusiveness in our buildings. Encourage residents to make suggestions on improvements that would make their day-to-day tasks easier.

A building that includes everyone, benefits everyone. C V

Brian Townsend MA Phys Ed Vice President Operations LIV North Aquatics

Amenities and Covid

The Future of Condo Pools and Spas Tenants and Owners Now Have Greater Appreciation for the Pool, Spa, and Fitness Amenities Located in Their Buildings.

Like everything else, the last two years have forced property managers, condo boards and administrators to take stock of their amenities and put together a plan of action that will satisfy the changing needs of unit owners and renters. More people living in condominiums are spending a higher percentage of time in their residences due to work-from-home or hybrid-work scenarios (or may have even retired); and along the way have given up their outside club memberships. The net result is that your tenants and owners are

now going to have greater appreciation for the pool, spa, and fitness amenities located in your building.

Out of all the amenities found in multi-unit high rise buildings, the aquatic facility areas have come out a winner due to all the information describing pools as relatively safe because they have a lesser chance of spreading COVID-19 through water (provided it is properly maintained and disinfected with either chlorine or bromine).

Many condo owners are probably wonder-

ing why they were not better utilizing the aquatic amenities prior to the pandemic!

The fact is that people now have a higher sense of awareness regarding viral transmission and are conscientious about having well-maintained, disinfected amenities that limit as many touch points as possible.

With this in mind, let’s review what can be done to enhance your pool amenity and what new technology exists to increase the safety and overall satisfaction of the people enjoying these areas in your buildings.

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Proper Maintenance and Cleaning As COVID-19 becomes endemic and people learn to live with the variants of this virus; hygiene, sanitation and germ awareness has increased for anyone using a shared facility of any type. Water chemistry is an ongoing priority due to other dangerous RWIs when a swimming pool is improperly treated, such as Legionnaires’ Disease, Cryptosporidium, E. Coli, Norovirus, Giardia, Shigella. Despite increasing inflationary costs, it is important for condo administrators to budget for additional cleaning expenses so these amenities can remain well above standard.

When looking at your pool and spa maintenance, ensure the company you are contracted with employs experienced staff who are CPO trained technicians so they can properly assess and react to any waterborne situations that arise. It is not in the best interest of your owners to take the cheapest price on maintenance, as cutting corners is no longer an acceptable option on sanitizing your pool or spa.

Staff Training Pool maintenance records need to be accessible and properly maintained to ensure building inspectors and owners can see what services have been conducted on the pool system. The Ontario Health Act mandates all class B pools have someone designated as the operator, and that every operator shall be trained in public pool and public spa operation and maintenance, filtration systems, water chemistry and all relevant safety and emergency procedures (O. Reg. 494/17, s. 5). We have seen a sharp increase in onsite condo staff training on the basic operations of the pool and spa. This not only complies with the health code, but it is an excellent way to ensure all staff are able to assist in maintaining proper chemical balance of the pool or spa.

This will result in a reduction of chemical costs and less chance of shutdowns.

Tiling and Upgrades to Finishes Over the past two years, many pool operators have reviewed the condition of the deck, the tiles and the pool finishes.

A quick renovation or tile replacement is a tangible improvement to your facility by removing years of accumulated mold and grime that can build up. Even a simple re-

grout job or a thorough acid wash of your entire deck will sanitize and clean up old stains. Taking advantage of modern styles will make your pool look more visually appealing. With advancements in technology and materials, you can customize the tiling to suit your preferences and even add various designs to give your pool a unique appearance. Pools typically need a refresh every 5 years depending on the use and the type of coatings. Once the surface water lines become permanently stained, they need to be refreshed. Pool surface coatings have also advanced with new glass coatings available that will brighten up your pool and provide a longer lasting surface that is easier to clean, which will further enhance its appeal.

A fresh coat of paint and new surface water line makes a huge difference once the pool is filled.

Underwater Lighting Once you resurface your pool to make it more appealing, do not miss the opportunity to upgrade your pool lighting to include new LED underwater lights. Old lighting is not as bright as LED underwater lights and hence not as visually inviting. LED lighting can save up to 85% energy costs and can last 6 times longer than incandescent lighting. True white light provided from LED lighting will make your pool brighter and ensure clarity of the water. The changing colour features available in LED lights is also appealing for after-hours and social events.

Automated Systems It is more critical than ever to ensure your aquatics facility receives the proper chemical treatment it relies on to stay safely open. Pool automation systems have typically been limited to chemical controllers, which are a huge improvement over standard chemical feeder. With the realization of how important it is to have comprehensive systems that optimize water quality and protect users from waterborne illness, smart pool programs backed with 24/7 monitoring and emergency maintenance have now been developed and implemented throughout the USA and Europe. Systems such as the Aquatics Vision have received state approval in some areas eliminating the need for onsite testing of the water.

Automated systems provide a peace of mind through 24/7 visibility of what is happening in your pool and continuous monitoring reduces the chemical variations that increase chemical usage and costs. Features such as water level monitoring provide a valuable tool in detection and prevention of situations that can lead to serious damage. The best result of new automation systems is consistent sanitization of your pool or spa water to ensure it is always safe to use. Automated systems are a definite enhancement but do not allow an operator to wipe their hands and walk away from onsite maintenance.

A hybrid approach to pool maintenance is one that combines the ease-of-use and reliability of automation, while recognizing the need for regular manual maintenance and upkeep performed by a Certified Pool Operator. Until now there has not been a true hybrid solution like this in the aquatics industry.

Amenity Management and Check In Systems With more protocols in place to support physical distancing and limit overcrowding in public areas, an accurate and sustainable head count has never been more important — nor easier — to enforce.

Pool users will expect an easy, contactless solution to book space, check in and out of the pool or even access the pool area. As more organizations decide to opt for automatic sinks and soap dispensers, it is also important to provide peace of mind with population control to ensure a safe environment exists for all building occupants in the event of future variants.

Amenity Management Systems have been designed to be easily implemented into any sized condo or apartment that provide booking of a range of facilities within your amenity space and can even be used for access and parcel delivery notices. Walking into crowded spaces without prior notice is fast becoming a turn off, not that it was welcomed before this heightened awareness in physical distancing. Now, with these tools available to prevent this from happening, a more enjoyable amenity experience for everyone occurs.

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does not even have to focus on swimming. Poolside furniture creates the perfect place for lounging, relaxing and unwinding. With more people staying at home, it may be worth setting up some tables to provide a remote office space or study space by the pool. Sometimes just being able to use your pool as a water feature can be more desirable than using the pool itself if it can provide a comfortable additional living space. Whatever furniture you decide to place by the pool, ensure that it is easy to clean and maintain and does not impede on the manda-

tory clear spaces surrounding your pool.

Upgrading Wellness Saunas and steam rooms are gaining popularity and are welcome additions to any pool deck with the new self-contained systems available. Older saunas and steam rooms need to be cleaned and upgraded as the old tile, grout and wood can become a home to a multitude of germs and mold. Glass doors should be added to replace the old dark doors and lighting probably needs an upgrade.

The old-style saunas that are generally

dimly lit rooms are now a deterrent to many people not wanting to be trapped in a tight space that is poorly ventilated.

The new prefabricated steam, saunas and wellness features can easily replace an old sauna room or can be added to any pool deck as an enhancement. They are stainless steel and PVC lined with antimicrobial finishes and come with a variety of glass wall and lighting features.

Programming With the demand to get active without leaving your condo, programming your pool area is quickly returning as an excellent way to utilize this space and create some healthy living and social interaction.

Via the Amenity Linc system, classes can be programmed and registered for using certified instructors.

Pool management companies either have trained staff to conduct these classes or can assist your condo community in setting up a program geared to your facilities.

Re-sizing your pool Outdoor pools or indoor pools that exceed 93 sq meter of surface water require lifeguards to open for use unless there are less than 10 users. For many older outdoor pools this is a costly endeavor and limits the opening/closing dates and hours of operation and becomes a huge liability.

Pool Renovation Technology systems are now available that can literally downsize your pool with a PVC lined stainless steel system that will allow you to clean up your pool area, extend the summer hours and eliminate the staffing requirements.

These systems come with 25-year warranty on material so the payback in guest satisfaction and cost savings can make it worth considering.

Conclusion A pool is such a large investment but an incredibly desired amenity. Learn how to enhance your swimming pool this summer to preserve its condition and keep it functioning for as long as possible.

As the renovation season is well under way and everyone is looking to open and get back to normal, now is the time to call in an experienced pool management company to provide you with options on a longterm strategy for your pool area. C V

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member

NEWS New Committee Member Profiles

CCI-T Welcomes New Committee Members residents and trades. He believes the property management perspective is an asset to the committee made up of such great members

Shane is very active in the Condominium Industry and honoured to join the CCI Toronto Marketing Committee and Membership Retention sub-committee. He likes to share his marketing and industry experiences, as well as meet to collaborate and learn from his peers

Jeronim Dyrmishi Jeronim Dyrmishi is the Founder and President of Synapse Property Management Inc. with over 16 years of experience working with Toronto’s elite condominium corporations. He is a result-oriented leader with proven ability to improve service delivery and customer satisfaction. Jeronim has a commitment to providing quality service in all facets of property management.

Due to his passion and long experience in the property management industry, he has decided to join the CCI-Toronto Legislative Committee; adding the property manager’s experience on day-to-day matters by interactions with board members, numerous

Manager (RCM) with ACMO and an Associate of The Canadian Condominium Institute (LCCI). Shane is a member of the Discipline Hearing Committee of CMRAO, President of the London Property Management Association (20212023) and sits on various other industry committees.

Shane Haskell Shane is the owner/founder of Lionheart Property Management Inc. Responsible for the day to day operations, Shane comes with a number of years’ experience in the financial industry, marketing, project management and real estate industry. Also licensed as a Sales Representative with StreetCity Realty Ltd Brokerage, Shane has great knowledge of the property management industry.

Shane is the Principle Condominium Manager (PCM), a Registered Condominium

Dave Malone Dave Malone is a two-term board president of Waterscapes condominium, a 360 unit building in the GTA’s Humber Bay Shores community. Dave has had a 35 year career at RBC as a professional business man-

ager, responsible for business technology and (in earlier years, real estate) for a $4 billion revenue (annual) business. As a Vice President, he learned how to manage priorities, invest for the future, and make tough choices where required. He’s also an accountant (CPA,CA) by profession and understands the importance of fiscal responsibility and accountability to owners.

Dave joined CCI back in 2017 to help understand and embrace best practices of running healthy and productive condo boards as well as keeping abreast of evolving issues impacting the condominium industry. The ability to leverage CCI to network and brainstorm with like-minded individuals about managing insurance costs, energy and water savings initiatives, and many other topical issues has been very rewarding.

Dave recently joined the CondoSTRENGTH Committee to help build out even more opportunities for CCI-T members to learn from each other.

While Dave recently retired from RBC, he continues to stretch himself by doing some contract business consulting work as well as becoming more proficient in his passions of dragonboat racing and Outrigger canoe paddling. C V CONDOVOICE SUMMER 2022

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ADVERTORIAL

CROSSBRIDGE CONDOMINIUM SERVICES LTD. The Manager of the Condo of the Year Winner, 2021 PCC 199 The Fairways, is:

volunteers, who work smoothly with Crossbridge’s onsite manager, Jeanne Diaz.

Manager: Jeanne Diaz

Regional: Laurie Adams

Crossbridge Condominium Services Ltd. is pleased to have one of our premier client condominiums, The Fairways, PCC 199, to have been awarded the prestigious 2021 Condo of the Year by the Canadian Condominium Institute – Toronto and Area Chapter. We attribute this to the fact that the board of directors at the Fairways are a well-organized and hard working group of

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The Board and Management team have pride in their condominium community.

The involvement of the Fairways community at large clearly illustrates the respect of ownership exhibited by the various committees that actively contribute to the lifestyle enjoyed by all residents.

The president of the Toronto and Area Chapter of the Canadian Condominium Institute said “The pride of ownership and the pride exhibited when the award was presented was clearly evident as the board and CCI-T presenters participated in the photo shoot. The care that the board, all residents and committees put into the activities and mainte-

nance of the property is evident when one looks around the site. I think that this year’s winner, like previous winners, are well deserving of this prestigious award.”

Crossbridge is very proud to have managed five of the thirteen winners of this impressive award. We feel that being the manager of so many award-winning condominium communities is no coincidence or random occurrence. Crossbridge managers bring a level of professionalism that supports boards as they often work through difficult decisions. We bring the latest industry best practices and trends to the board room.

Congratulations to the team at The Fairways and to all five of our Condo of the Year winners over the last thirteen years.

We share your pride in winning this impressive award and we hope to continue to help you guide your community with the obvious respect and care that you have exhibited leading to the recognition of this award. On behalf the entire Crossbridge team, please accept our heartfelt congratulations for a job well done.

member

NEWS

CCI Was There

In Case You Missed the CCI Toronto Education Committee Human Rights, Electric Vehicle Infrastructue and, Rules and Bylaws in Condominiums On February 17th, we looked at how to tackle human rights challenges in condos. Babak Ardalan (District Manager, Del Property Management) and Deborah Howden (Partner, Shibley Righton LLP) shared a few recent cases related to Human Rights and offered best practice options for managing them.

On March 24th, we heard from Mike Marmer an electric vehicle installation specialist, Joel Berkovitz a lawyer who handles all aspects of electric vehicle charging matters, and Amit Gupta a President of a board who has recently gone through the process of having EV infrastructure installed in their condo. Our panelists discussed the future of EV Charging, how to get started and prepared, what costs are involved and what your level of obligations are.

On April 21st, Patrick Greco (Shibley Righton LLP), Luis Armas (FirstService Residential) and Lyndsey McNally (CWB Maxium Financial) discussed some of the most prevalent rules and by-laws in condominiums. They also provided attendees some tips and tricks to tailor rules and by-laws that best suit your condominium community!

For upcoming webinars please see the CCI Toronto Events Calendar: ccitoronto.org/ education-events/calendar C V CONDOVOICE SUMMER 2022

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member

NEWS

Odds & Ends

CCI-T Welcomes New Members Business Partner Members: Propty Hussein Reda Entiuitive Corporation Adrian Breitwieser Detail Roofing & Sheet Metal Michelle Wallace-Carswell

Elocity Tony Stewart Devman Group Inc. Haydar Cengiz Access Restoration Services Kevin Skjerpen Condominium Corporation Members: TSCC # 2341

TSCC # 2426 TSCC # 2864 PCC # 644 Individual Members: H. Hall F. Blais C. Sutherland J. McDougall B. Jolicoeur J. Soucie J. Weigensberg

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Our new membership year begins July 1st, 2022. If you are interested in renewing, be sure to look out for our renewal notices. If you have yet to receive or have any questions regarding membership with CCI Toronto and Area Chapter, please reach out to info@ccitoronto.org

Upcoming Events: For upcoming webinars please see the CCI Toronto Events Calendar: ccitoronto.org/ educationevents/calendar

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NEWS

The Condominium Authority Tribunal

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ADVISE AFFORDIBLE AGREEMENTS APPLICATION AUTHORITY BEHAVIOUR CAO CASE CAT

CHARGEBACKS COMPENSATION CONDOMINIUM CONSENT CONVENIENT COST DECISION DISPUTE

DISRUPTION FAIR HARRASSMENT HEARING IMPROPER INCUR INTERVENORS ISSUES JURISTICTION

LIGHT MEDIATION MEDIATOR MEMBER MIGHT NOISE NUISANCE PROTEST

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PARKING PARTY PETS PROHIBITED RANGE RECORDS REFERENCE REPRESENTATIVE

RESOLUTION RESPONDANT RULES SERVICES SETTLEMENT SMOKING STORAGE SUMMONS TIMEFRAME

CONDOVOICE SUMMER 2022

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We’re always Condovoice looking for new and interesting articles for Condovoice!

Please feel encouraged to send article ideas and submissions to: calandra@ccitoronto.org

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Timely ideas, insight, inspiration and information of particular interest to condominium owners

James O’Hara CEO of JGO Solutions Inc.

Part 2 of a 2 Part Series

The Fundamentals of Condo Living An Outline of the Respective Responsibilities and the Importance of Communications and Teamwork Between Boards And Property Manangers Overview Building upon last issue’s Fundamentals of Condo Living article, this second and final article in the series is written to cover the topics of board governance, the role of property management, and to outline their respective responsibilities while stating the importance of communications and teamwork required to deliver the best experience for condominium owners and residents alike.

Generally speaking, the property management company fulfills two critical roles in condominiums’ successful operations and management needs. The first of which enables them to deliver the expertise required to successfully execute the day-to-day operational requirements of condominiums. The second, and less obvious, role the property management company and property manager play, is in the provision of real-time and ongoing guidance on the fiduciary, regulatory,

legal and safety requirements to condominium boards - the importance of this is impossible to overstate.

A reputable and capable property management company delivering these services and guidance through an experienced Property Manager is any condominium board’s most important partner.

What are the property management responsibilities?

While the particular contracted services

will vary from condominium to condominium, as an agent of the board, the property management company is the execution arm of the board. It is primarily responsible for the day-to-day operational management of the property as defined in the contract and specified by the board. It works closely with the board as an advisor but acts at the sole direction of the board and is not technically a member of the board.

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ILLUSTRATION BY JASON SCHNEIDER

What is a condominium property management company?

A condominium property management company is an Ontario licensed provider of management services and is defined under the provincial Condominium Management Services Act, 2015. Condominium property management companies understand the Condominium Act inside out and manage multiple properties, giving them deep knowledge and experience.

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management team and brings the collective resources, experience, and knowledge of the property management company to bear. This critical role provides guidance and support to the board to assist them in making the best decisions possible to take care of the condo corporation.

The primary responsibilities of the property manager are: • Manage the community’s daily operations to ensure everything is running smoothly.

• Carry out policies set by the condo board.

• Keeping regulatory, financial, and other records for the condo corporation.

• Ensuring maintenance and repair of the property.

• Monitoring service companies and overseeing staff and contractors.

• Implementing an emergency management plan and responding to emergencies.

• Preparing status certificates.

• Issuing meeting notices and reporting

It’s both essential and incumbent on the board to source, attract, and retain a highly qualified professional building management service provider upon whom both the board and owners can rely on on the affairs of the corporation.

• Organizing board meetings and overseeing the administration of all owners’ meetings.

• Monitoring the corporation’s insurance.

• Advising the condo board on compliance with the Condominium Act, 1998 • Advising the board on its financial responsibilities (e.g., contributions to the reserve fund, long-term reserve fund planning).

• Taking the lead on owner correspondence and managing the communications flow to and from the board. This includes any questions or concerns owners and residents would like the board to address.

Why is a property management company needed?

A typical condominium board is a volunteer-based governing board comprised of various people from the community with differing experience levels, knowledge, and backgrounds willing to donate time and effort to their community. Condominium board experience can vary greatly from corporation to corporation and director to director. Building management is a time-consuming and demand-driven function. It’s both essential and incumbent on the board to source, attract, and retain a highly qualified professional building management service provider upon whom both the board and owners can rely on. Given this is a core and criti-

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cal function to the successful operation of a condominium, it’s incumbent on a board to select the very best property management company to match their own particular needs.

Why is board and property management teamwork important?

To ensure the smooth daily running of the operations while maintaining a safe environment for all owners and residents in the condominium community. It’s imperative for the board and property management to collectively work together and build an effective and highly functioning team. To be effective, board and property management must build and maintain a strong and effective working relationship on an ongoing basis from which to succeed for the condominium community.

Why are building records so important?

A very important but not widely known challenge these days is the digital conversion and preservation of engineering and technical drawings, plans, and building records. Given the age of some buildings (yes, some were constructed during the

Board and property management must build and maintain a strong and effective working relationship on an ongoing basis from which to succeed for the condominium community analogue age), these records are often still in an analogue form.

The mitigation of this risk requires both initiative and the joint effort of the board and property management combining together to ensure critical intellectual property such as engineering drawings and other knowledge-based assets, that are in both print form and potentially in the collective memories of individuals/property managers, are preserved for the future.

Knowledge and building artifacts unique to each property must be retrieved, preserved, and digitized for ongoing building management success and future planning.

Summary Through the journey taken over both articles we have covered the fundamen-

tals of condominium living. We explored what a condominium actually is, that condominium living means much more than the selection of a type of dwelling, what a condominium board is, what a board is responsible for, what a property management company is, the key interactions a board needs to have with the property management company. Last, but far from least, we’ve covered the importance of board and property management teamwork and community communications for the benefit of all.

As a result, the combination of these two articles has given us a complete 360-degree view of the essentials and fundamentals of any condominium and I hope this series has provided as much information as it has given me the pleasure of writing them. C V

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Connie Pappas-Boccitto

CSP, SRS, ABR, BA, SRES Real Estate Broker Royal LePage Terrequity Realty, Brokerage

The Last Word

Creating Community After Covid

ILLUSTRATION JASON SCHNEIDER

Needless to say, Covid has impacted every aspect of our lives over the past two-plus years. In the housing market particularly, due to the majority of people working from home for so long, there was somewhat of an exodus out of the condo world, particularly for those who were looking for more living space, both indoor/outdoor, and for those whose jobs went virtual – this caused even more pressure on the single-family home market, in Toronto, and the entire GTA. Commute times no longer mattered as much since the walk from your bedroom to your laptop was much shorter than any drive to the office.

Now that return-to-work policies are being created and implemented, what does this mean for the real estate market? Are companies going to continue to be 100% virtual? Back to the office? A hybrid option depending on the employer? We’ve started to see a resurgence of interest in downtown living, and for those who wish to live in Toronto, particularly first-time home buyers, or young families, based on price point, it’s typically a condo where they’ll start.

Given that the demographics of condos is changing, coupled with the fact that one’s home has turned into a place they do more in that just ‘live,’ how can your Board better serve this new way of life?

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It is a prudent exercise for board members to realize that there have been significant lifestyle changes due to Covid - it has changed the way we operate in our homes.

It’s not only a place to live and sleep, but also a place to work, to exercise, to relax, to escape, to cook….and for some, the workfrom-home model could be a permanent change.

Is your community’s current offering best serving your residents? How can you as board members ensure that your community serves its residents? If there are opportunities to add or improve the services and amenities or make changes to those that no longer serve your current demographic, it’s important to seek these out.

I dare to suggest that ‘Community’ is the new amenity. Not only do residents want to have peaceful enjoyment of their home and comfortable conditions and wellmaintained properties but providing services and amenities to cater to like-minded residents helps to create that sense of com-

munity. Perhaps you may want to cater to the demographics of those who may not have previously considered having to live and work in the same space.

Services and amenities are quickly becoming an important way to facilitate a sense of community – are there programs and events that you can adopt to add value to your resident experience? Communication through newsletters, town hall meetings, elevator notices, along with tailored events and services based on the resident base (yoga classes, movie nights, bingo, shuttle bus transportation, to name a few).

Perhaps you want to repurpose a library and turn it into a business centre with a coffee bar for those who now find themselves working from home.

Get creative, think outside of the box, and think about what small (or large) changes will make a difference to the everyday resident experience especially since the everyday experience has shifted so significantly over the past two years. C V

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