Condo News – Winter 2022: Professional & Business Partner Edition

VOL. 16, NO.4 | SUMMER 2012

VOL. 11 • WINTER 2022

Professional & Business Partners Edition

FEATURES 23 Planning for Capital Projects 28 Duty to Repair - The Case Study

21 PROFESSIONAL & BUSINESS PARTNERS 7

Online Search Directory

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The Professional & Business Partners Committee

34 Shedding Light on Your Dark, Scary Attic 37 Shifting the Snow and Ice Removal Paradigm… Occupiers Liability Act! 42 Update on Ontario’s Proof of Vaccine Requirements for Condominiums 45 The Benefits of Winter Pruning & Tree Removal

CCI NEWS & EVENTS

Professional Partners / Different Perspectives: 10 Reserve Fund Projects - COVID 19 Impact 12 Dealing with Contractors During a Global Pandemic 14 Disaster Management in Condo Buildings 18 Introducing Tool Talk 19 Pay Me Now or Pay Me Later

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From the President

21 Upcoming Events 26 Q&A - Five Common Questions: Condo Law Version 40 Welcome to our Newest Members 40 Condo of the Year Award Winner 40 New Board Member Highlight - Thomas F. Nederpel 44 New LCCI Designation 50 Advertisers Index

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SimpsonWigle LAW LLP

COMMUNICATIONS COMMITTEE

Colin Ogg Chair

Carole Booth Board Liaison

Bill Clark

Gail Cote

Elaine Edwards

Ed Keenleyside

Kent Schultz

Tim Van Zwol

Dave Williams

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From the President

FROM THE PRESIDENT

Condo News

Sandy Foulds, RCM, B.A.

is produced 4 times per year

GHC-CCI President

Summer Issue (July) Deadline – June 1st

Fall Issue (September) Deadline – August 1st

Winter (January) Deadline – December 1st

Spring (May) Deadline – April 1st Articles of interest to condominium owners and directors are welcome.

See details for submissions on page 40.

To advertise contact: Golden Horseshoe Chapter of the Canadian Condominium Institute Box 37, Burlington, Ontario L7R 3X8 Tel: 905-631-0124 | 1-844-631-0124 Fax: 416-491-1670 Email: admin@cci-ghc.ca 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.

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.

I

am very honoured to be moving into the important role of President of the Golden Horseshoe Chapter of CCI. This is alongside a fabulous team of fellow volunteers who serve on our board and committees. They are a great group of members who are all committed to the ongoing education of the Condo Directors and owners in our Region. Our dedicated team include lawyers, engineers, insurance professionals, finance professionals and property managers, alongside with many condo board members. Special thanks also to our guest speakers throughout the year at our events. Without all of your contributions, CCI would not exist.

Maria Durdan very successfully led our team over the past two challenging years. The pandemic has taught us many new ways to successfully communicate so that we have been able to continue to provide our important education to our members. We have all adapted well to these changes. In Maria’s new role as ‘Past President’, she will continue to be involved and support our chapter.

Moving forward for the next two years, we hope that we can continue with this efficient virtual education model which is working very successfully. However, we also would like to be able to start to include some of our wonderful in-person events as well (if pandemic restrictions allow us to). We all miss the networking, personal contact and interaction with our professional partners and condo members that our previous conferences allowed us to do.

Our virtual conference in September was a great success, thanks to Stephanie Sutherland and her team. We also had numerous virtual free events throughout the past year which were very well attended. We hope to continue to hold as many of these events as possible at no cost to our members, thanks to the sponsorships being provided by our professional partners.

Our virtual AGM was held in October. Tom Gallinger and Kevin Shaw were re-elected to the Board and we also welcome our newest condo director Tom Nederpel to our team.

We are always looking for additional volunteers to our committees. Please reach out to us if you are interested in participating. We are looking forward to another great year for our chapter.

CCI Golden Horseshoe Chapter will continue to be an excellent resource for all of our condo board members.

We are grateful for your continued support of our Chapter.

On behalf of the Board of Directors, we wish you all the best in 2022.

Sandy Foulds, RCM, B.A. President

#LifeIsGolden Condo News – WI NTER 2022

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Golden Horseshoe Chapter of the Canadian Condominium Institute Box 37, Burlington, Ontario L7R 3X8 Tel: 905-631-0124 | Toll Free 1-844-631-0124 Fax: 416-491-1670 | Email: admin@cci-ghc.ca Website: Website: www.cci-ghc.ca

2021-2022 Board of Directors PRESIDENT

Sandy Foulds, RCM, BA PAST-PRESIDENT

Maria Durdan, B.A., LL.B., ACCI (Member Finance Committee, Member Ron Danks Award Committee) VICE-PRESIDENT

Richard Elia, B.Comm., LL.B, LL.M (ADR) ACCI (Board Liaison Education Committee)

TREASURER Tony Gatto, CPA, CA (Chair Finance Committee) SECRETARY

Gail Cote, RCM (Member Professional & Business Partners Committee, Communications Committee) BOARD OF DIRECTORS

Carole Booth, B.Ed., M.A. (Board Liaison Communications Committee, Member Education Committee, Member External Relations Committee, Member Governance/Policy Committee)

Sally-Anne Dooman, RCM (Member Education Committee)

Joseph (Joe) Gaetan, B.G.S. (Chair External Relations Committee, Member Governance/Policy Committee)

Tom Gallinger, BBA, FCIP (Co-Chair Conference Committee)

Ed Keenleyside, B.A., CCI (Hon's) (Board Liaison/Chair Governance/Policy Committee, Member Education Committee, External Relations Committee)

Thomas F. Nederpel, BSc, PEng (External Relations Committee)

Kevin Shaw, B.Tech (Arch. Sc) (Board Liaison Professional & Business Partners’ Committee)

Stephanie Sutherland, BAS (Hons), LL.B., ACCI (Co-Chair Conference Committee, Member Professional & Business Partners Committee) 6

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Golden Horseshoe Professional & Business Partners Directory Find the right product and service company for your next condominium project online in the Golden Horseshoe Professional & Business Partners Directory

START YOUR SEARCH NOW Click on a category below and go directly to that section of the online Directory

Financial Engineering / Building Science Legal Management / Development / Real Estate Services Mechanical / Plumbing / Electrical

Exterior/Interior Maintenance and Repair Professionals

Safety & Security Grounds Maintenance Asphalt & Garage Maintenance & Repairs

Insurance and Damage Mitigation Recreational Services

Building Envelope

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The Professional & Business Partners Committee

Golden Horseshoe Chapter

PROFESSIONAL & BUSINESS PARTNERS

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Ryan Griffiths CWB Maxium Financial Chair, Professional & Business Partner Committee

Ryan is a Director at CWB Maxium Financial and works exclusively with Condominium Corporations, Property Managers, and other stakeholders across Canada to develop and implement customized financing solutions.

Ryan is Chair of the Professional & Business Partners Committee.

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s I’ve said many times before, CCI Golden Horseshoe is very fortunate to have many supportive and dedicated Business Partners and Professional members amongst our membership. A number of these members also generously devote their time and expertise to the Professional & Business Partners (“P&BP”) Committee. The P&BP committee is a diverse group of condominium industry service providers with expertise in property management, engineering, law, lending, restoration, general contracting, landscaping, and HVAC services.

The one thing all the parties have in common is a commitment to the condominium industry and a desire to keep finding ways to add value for our members. As a somewhat unique committee (not all CCI Chapters have a P&BP Committee) our group is always looking for opportunities to deliver on our committee mandate: “To Promote and Grow a Network of Trusted Professionals for the Benefit of all CCI Members”. To me that mission means providing our Business Partners and Professional members with opportunities to both showcase their services and provide their insights, guidance, and education to our condominium corporation members. We accomplish this by delivering education, content, and networking opportunities.

While networking opportunities have become a challenge since the pandemic, our delivery of unique education and content hasn’t slowed down. Over the past several years we’ve delivered some great seminars on topics such as insurance, electric vehicles, reserve funding, and major repair projects. Our committee members also continue to provide content for our award-winning Condo News magazine. Keep an eye out for a new initiative we have been working on to provide short educational videos with real world, boots-onthe-ground insights that we think our members will find fascinating and helpful.

If you have any topics you would like to learn more about, or suggestions for new initiatives please don’t hesitate to reach out to anyone on the committee. I’d like to thank all the committee members and their respective employers for all their contributions and commitment, thank you!

Gail Cote, RCM Property Management Guild gail@pmguild.ca

Justin Deboer Skyline Contracting justin@skylinecontracting.ca

Gail is a Condominium Manager at Property Management Guild. She enjoys providing professional Property Management services to her clients since 1999 and has achieved her RCM designation. Gail enjoys participating on the CCI-GHC Board of Directors as well as actively volunteering on the CCI-GHC Professional Business Partners and Communication Committees. Gail has participated as a speaker at CCI events including the CCI-GHC Annual Conference, as well as having written articles for the Condo News publication.

Justin Deboer is the president of Skyline Contracting. Since 2004, Skyline Contracting has been providing expert roofing in Burlington, Hamilton, Ancaster, Grimsby, and Stoney Creek, along with property maintenance services to multi-unit complexes. With years of experience showing the value of responsive service and quality workmanship, it is Justin’s privilege to serve on the Professional Partner’s Committee where he gets to add even more value for all clients.

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Patrick Greco Shibley Righton LLP pgreco@shibleyrighton.com Patrick is a partner in the Condominium Law Group at Shibley Righton LLP where he provides a full range of condominium solicitor and advocacy services and particularly enjoys attending and chairing difficult owners’ meetings. Patrick sits on the CCI-Golden Horseshoe Conference Committee and the CCI-Toronto Education Committee. He writes frequently on condominium issues and enjoys presenting to industry groups. In his free time, Patrick can be found in his garden or, in the winter, planning next year’s garden.

Shaun McCartney ServiceMaster Restore of Oakville shaunm@svmoakvilledr.com Shaun is the Business Development Manager of ServiceMaster of Oakville Disaster Restoration. We are a premier provider of professional restoration services to the condominium marketplace. We are an Atrens-Counsel Preferred vendor.

Craig McMillan, RCM, ACCI, CMCA, CAPM Maple Ridge Community Management cmcmillan@mrcm.ca Craig McMillan is President of Maple Ridge Community Management (MRCM) an Associa Company. He has been a Condominium Professional since 2003. Craig holds his RCM designation from ACMO, and his ACCI designation from CCI-National. He is a member of the Project Management Institute and holds his Certified Associate in Project Management designation CAPM. He currently serves on the Board of Directors for ACMO & ACMO’s Membership & Programs Committee. He also serves on the Professional & Business Partners Committee with CCIGHC, as well as CMRAO’s Advisory Committee. He is a frequent speaker at industry events & conferences, as well as contributing articles for various industry publications.

Natalie Park Park Group HVAC & Plumbing Contact@parkgroupofcompanies.com Natalie Park is the Manager of Park Group of Companies, HVAC & Plumbing Services. We provide industry leading materials with the Highest Quality Service Solutions for both Residential and Commercial Properties. Natalie is the newest board member with the CCI Golden Horseshoe Professional & Business Partners, Education Committee.

Suzanne Pestano Gelderman Landscape Services suzannep@gelderman.com Suzanne is the Client Care Manager for Gelderman landscaping. Gelderman works closely with property managers and condo boards as well as commercial properties throughout Waterdown, Hamilton, Burlington, Mississauga and Oakville. They also have branches in Waterloo and Guelph. Gelderman takes pride in offering landscaping design and maintenance as well as winter snow maintenance for their clients.

Kevin Shaw, B.Tech.(Arch.Sc.), Board Liaison Cion Coulter kevin.shaw@cioncoulter.com As Principal, Kevin is responsible for all operational aspects of the firm’s building science services to it’s commercial and residential clients. Since he obtained his Architectural Science Degree from Ryerson, he has accumulated more than twenty-five years’ experience in building evaluation and rehabilitation. His areas of focus include business development, client liaison, project proposals, staff procurement and development, project management and oversight. Areas of specialty include failure investigations pertaining to the building envelope and structural components of buildings, design and project management of building rehabilitation projects, accessibility audits, performance audits and reserve fund studies.

Kevin is very involved with the condominium community and has been a member of the Board of Directors for CCI (Golden Horseshoe Chapter) for the last three years. During that time he was an active member of the Business Partners committee and acted as the liaison to the Board of Directors.

Stephanie Sutherland Cohen Highley LLP ssutherland@cohenhighley.com Stephanie Sutherland is a condominium lawyer at the Kitchener office of Cohen Highley LLP. Stephanie assists condominium boards, unit owners, and managers with day-to-day governance matters, compliance issues, drafting and registration of new and amended condo governance documents, court and CAT proceedings, and mediations and arbitrations. She sits on several Grand River, Golden Horseshoe, provincial, and national CCI committees, and is on the Golden Horseshoe Board. Stephanie also regularly speaks at CCI events, and contributes articles to condo industry publications.

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Professional Partners / Different Perspectives: Reserve Fund

PROFESSIONAL PARTNERS

DIFFERENT PERSPECTIVES

Reserve Fund Projects – COVID-19 Impact

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ovid-19 related effects have caused disruptions through the entire economy. Many major projects in Condominiums have experienced difficulties in meeting scheduled timeframes and experienced cost over runs.

Craig McMillan, RCM, ACCI, CMCA, CAPM Maple Ridge Community Management

Staff Shortages – Every single sector of the economy has been dealing with staff shortages due to factors including quarantine requirements, school shut downs and sector wide lockdowns. Even Government relief packages have caused many people to wait it out instead of returning to work, while still receiving income support, and some have taken the opportunity to rethink their career paths, all of which has spurred the Great Resignation which has been evident over the past months.

Restrictions – The movement of people has been curtailed by many countries as border restrictions are in place with only

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essential travel permitted. While this is not as much of a concern in Ontario right now, these restrictions are still in place in many countries that either supply raw materials or produce the products needed to complete projects. Social distancing and PPE requirements as well as potential COVID-19 exposure procedures resulting in quarantine mandates add to the woes of economic activity and are all causing further delays.

Supply Chain – The supply chain is stretched for many items we take for granted. Automobiles are a prime example of the impact of a component shortage that essentially halted much of the vehicle production in 2021, and while the Just in Time methodology reduces the cost of carrying inventory, when that supply chain is interrupted for any reason the ripple effects can be felt for months if not years.

This lack of supply can also drive up

demand and in turn drive up the cost for popular items. Another example in 2021 was the cost of lumber that increased dramatically during the height of the pandemic. When people couldn’t travel or enjoy entertainment venues many chose to spend those dollars on home improvements, building decks or finishing basements.

Product Availability – a knock on effect of the supply chain issue is product availability along with restrictions and product hoarding. This caused many products used in the construction industry to be in short supply. The inconvenience of pre-ordering materials and setting up a time to collect materials when stores were closed to in person shopping took extra time and effort.

Scheduling – Paying up front for mate-

rials to secure the product at current rates has become a reality for many projects. Workforce availability to complete projects has also been a challenge resulting in many projects starting with little to no notice to the affected community. Delays on obtaining locates for hydro and gas has caused many projects to be postponed and rescheduled due to these locates not being completed by project start date.

Raising Costs – the combination of these realities has caused prices to increase across product lines impacting near term projects in Reserve Fund Studies. With inflation for 2021 well above 3% we still don’t know if this higher than normal inflation will be with us for an extended period. Several economists are predicting these rising rates through to 2023 before returning to a more normal

percentage. The cost impact on future projects is still unknown but with the Reserve Fund Study 3-year update cycle, any changes will be reflected in the next revision.

Project Planning – The time to plan for projects missed in 2020-2021 and upcoming projects for 2022 is now. Don’t wait as prices may increase, labour will continue to cost more, and material shortage may well be a continued reality.

Prioritize and select the most urgent and essential project. Let the residents know there may be delays and cost over runs on these urgent and essential projects.

Communicate early, with clarity and frequency. Any project that is non-essential and can wait; you may want to park that project until the dust settles as it may save some dollars and a lot of frustration.

MRCM

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PROFESSIONAL PARTNERS

DIFFERENT PERSPECTIVES

Dealing with Contractors During a Global Pandemic

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enial, anger, bargaining, depression – Familiar stages in grief many of us had to go through since the global pandemic. While companies were used to seasonal ups and downs, the pandemic exacerbated the availability of materials, labour, and time.

Volatility and scarcity made many drop long-term planning in the hopes of waiting out the pandemic.

So what was going on out there?

Justin Deboer Skyline Contracting

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The major hurdles condominium owners had to face were contractors struggling with material pricing and availability, manpower shortage, and improvised schedules. Since these problems came up, receiving quotes was no longer what it used to be. You could be sent a quote for a roofing job, have it approved within a few days and, as soon as the weekend was over, prices for materials could double. This was a huge struggle because normal processes were no longer effective which slowed down decision making.

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It was extremely confusing when contractors would give several price changes.

You could pick out a roof color and find out it wasn’t available. At one point, contractors couldn’t tell when they could get their hands on supplies nor could they give a price. Something as basic as the availability of nails would stall an entire project despite everything else being ready.

Then there was the matter of production crews being stretched thin. This problem was multiplied when site supervisors couldn’t make it to work because they or their families were exposed to COVID-19. This would then drag down the crew because they couldn’t report to work in case they were exposed to the virus. All this uncertainty made crew members scared to come in and some decided not to come back at all.

All these problems threw old procedures out the window and, while it usually had no detrimental effect to quality, it made work and systems less efficient.

As a result, neither condominium owners nor contractors could make solid promises.

And what we did about it As of writing this, it’s been roughly two years since the pandemic started and being reactionary to the global situation is no longer an option. Accepting, planning, and adapting are the ways to recovery. We had to remind ourselves that as contractors, our mindset must be that of problem solvers and not cause more problems.

We started with scaling down our roof offerings to what we know was available. This reduced everyone’s frustrations. Of course this also meant clients had fewer options but we’d rather give them realistic solutions than overpromise and not deliver.

We stockpiled on those nails. Not only did this guarantee the availability but it allowed us to have stability when

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Align yourself with contractors who’ve adapted.

”

it came to pricing. Now we have enough nails to last us a good while.

We kept production lines healthy. If this meant pulling out special order items then we had to bite the bullet. We had to prioritize keeping the flow of basic supplies as healthy as possible.

Then we secured the client side.

We’ve expressed to our clients that if a project looks good and makes sense then we need to order and pay for the materials as soon as possible. We arranged this with our suppliers so we can honour the price we gave to our clients. While we weren’t used to this, locking in the price has really become an important tool.

And then planned for years ahead. Instead of a crutch, we’ve turned the pandemic into a tool to point out where we were falling short. We’ve accepted and adapted to the situation and are back to planning for growth over the next few years. While there is the right time for things, the lack of foresight could’ve meant missing out on opportunities for us.

How you could deal with contractors

If it can be decided today, don’t delay. Getting people together to make decisions is difficult but sorting that out quickly to make fast decisions will be in everyone’s interest especially if the decision was going to push through anyway.

The situation could be different tomorrow or next week and delays might cause their own problems.

Ask questions ahead of time. Asking questions to a contractor on the front end will allow for planning for any obstacles further down the line. Make sure a contractor has knowledge of specific materials if you have to.

Lessons moving forward We could use this opportunity to encourage kindness to one another and to control what we can. Our reactions towards situations are controllable and when we’re on top of that, it does so much good for you and those around you.

Grab the chance to grow during times of adversity and come out better.

This way of thinking shouldn’t be limited to the pandemic.

Take a proactive approach and look for issues to solve rather than taking them as they come. Tighten process flows now especially on the ordering and selections side.

Don’t forget to admire the growth.

Despite knowing there are kinks to iron out, see where things have improved and be thankful.

Justin Debour, President Skyline Contracting.

Align yourself with contractors who’ve adapted. During the pandemic, the general tone of contractors was that of complacency. If a contractor isn’t offering you solutions then that means they still haven’t adapted. A contractor these days needs to accept the situation and be nimble.

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PROFESSIONAL PARTNERS

DIFFERENT PERSPECTIVES

Disaster Management in Condo Buildings – Minimize Water Claims and Risks in Four Phases of Planning

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he frequency and severity of water escapes and severe weather in the last several years has contributed to rising insurance premiums across Canada and unfortunately this also affects the Golden Horseshoe. The trend towards rising insurance premiums and skyrocketing deductibles is being countered as much as possible by Insurance Brokerages. There are also four phases of planning that Corporations’ Board Members and Managers can undertake to minimize Water Claims and Risks to help combat rising premiums and deductibles in your Building.

Bill Calhoun, FSRT, ASD, CDS, AMRT ServiceMaster Restore Oakville

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1. Understand the most probable risks in your Building and the location in your Municipality The most probable risks can be broken down into 2 primary categories Extreme Weather/Climate Change, like we are witnessing this year in British Columbia and unforeseen Plumbing Water Escapes.

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Could extreme weather create a costly disaster in your Building? Is your Building in a location that is vulnerable?

Just look at what has happened in past major weather events closer to home here in Southern Ontario, and the Golden Horseshoe. It is evident that certain Municipal areas are much more prone to damage due to aging storm and sewer infrastructure. When an extreme rainstorm hit Burlington there were Townhome Complexes that had water coming through foundations and up through floor drains due to municipal overload.

There were high rise buildings located in low-lying areas suffering costly disasters due to parking garage drainage systems that could not keep up.

Extreme rainstorms happened again in Hamilton a year later. Heavy sudden rain overloaded high rise roof drainage systems and there were buildings that had drainpipe connections split allowing thousands of gallons to spill out.

Torrential rain often follows damaging winds. Does your Townhome complex have roofing that can sustain heavy winds? In areas throughout the Golden Horseshoe there have been major damages from rainwater following back-toback windstorms.

What can be considered unforeseen plumbing Water Escapes? On the topic of weather and the upcoming winter season, it should be recognized that severe cold can lead to some very devastating burst pipe escapes. Despite the global warming trend, we have still experienced recent winter temperature plunges bursting pipes in High Rise and Townhome complexes. There have been burst radiators in older buildings with radiators located below windows (Unit Owner leaving window open during cold snap!).

The most common risks for plumbing failures occur within actual Units – a leading concern is Unit Owners performing DIY plumbing that result in burst plumbing such as toilet lines and burst faucets.

educating Unit Owners to prevent future disasters?

To withstand extreme weather, invest in recommended upgrades to building systems, drainage, utilities, and exterior elements. In Townhome complexes if roofing is a prone area reference technical fact sheets on wind ratings when engaging roofing trades, ie. new laminated shingles have much higher wind ratings when installed to manufacturer specifications. If your building is a High Rise in a low-lying area, prevention measures may include new installations ie. backup pumps –higher capacity pumps, and discharge systems to address storm/high water. Invest in improved alarm systems

This article only touches on some of the probable risks. Ultimately, knowing your own building and the residents, and its location within your municipality, a Manager can identify their own most probable risks.

2. Prevention The probability of water damage is many times over the probability of fire damage, and other building disasters.

Once the most probable risks are identified why not consider what alarms and prevention systems are available for weather related water entry and plumbing escapes? Are you addressing the susceptible areas in your building and

and generators, recognizing that with severe storms, power outages can occur.

Your building may also require site grading improvements to prevent flooding.

Other examples of prevention against plumbing water escapes specific to your building can be identified by 3rd party specialists. Engineering Firms that specialize in Property Condition Assessments can review plumbing systems and identify risks such as susceptible copper piping.

Training programs for building maintenance staff and performing routine maintenance on building systems are other measures of prevention. These may include cleaning out parking garage sump pits, clearing drainage systems, and Condo News – WI N TER 2022

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testing operating generators.

Recognize that plumbing water escapes most often occur within Unit Boundaries. Provide Unit Owners with a ‘Unit Owner Responsibility Chart’ with specifics on plumbing and related systems and components including water supply and drain connections to sinks, baths, and toilets. These components include Appliances, and Heating/ Cooling systems such as Fan Coil Units. Also provide ‘Water Damage Prevention Checklists’ based on the probable sources. The checklist may include; “maintain heat during absence or vacation in winter months”, “must use licensed plumbers for installing plumbing fixtures”, “warning to shut off taps when there are water service interruptions”.

Managers should further develop the Prevention Measures applicable for their location for combatting extreme weather and unforeseen plumbing water escapes.

3. Disaster Response Planning The following outlines a ‘Building Disaster Response Plan’ before a water dis16

aster strikes. The Plan needs to be readily accessible to all building administrators, board members, and accessible by on call staff. In the event of a major emergency the ‘Plan’ needs to be easily located by the staff member appointed to become the Emergency On-site Administrator.

This document should include a list of Unit Owners with current contact numbers and notations for a ‘Persons Requiring Assistance during Evacuation List’.

Other important considerations include; how to ensure emergency access into Units, quick accessibility to master keys (and riser shut offs) and a copy of all builders plans, structural, mechanical, electrical.

Within the Plan set up pre-designated trades familiar with your building, ie.

Plumbing Trades, Electrical Trades and Elevator Trades, which are often required for major water disasters.

Two key aspects; Check ‘Public Weather Alerts for Ontario’ – this Website provides warnings for extreme weather. The second key aspect to all Disaster Response Planning is to have a

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pre-designated and approved Insurance Contractor’s contact information with details on the resources they can provide.

4. When Disaster Strikes The following is applicable on a caseby-case basis depending on severity. Presuming a major water disaster occurs, here is a point form checklist: • Enact Buildings Emergency Plan and applicable portions of Safety Plan and any PRA – Persons Requiring Assistance Plans if needed for the building or affected areas of building, • Ground elevators at 2nd floor • Establish Source(s) of water entry and mitigate/stop if possible - determine extent of damages in Common Areas and Units - Insurance approved contractor can use Infrared and Moisture Detection equipment to help determine the source and extent of water path.

- Insurance approved contractor

can utilize large commercial scale drying resources • Assign single point of contact for Communications with Media • Communicate, post notices and be accessible for the inevitable challenges from the Unit Owners a. Clarify Condo and Unit Owner responsibilities – Reference Unit Owner Emergency Planning Guide and distribute past Bulletin on Responsibilities when damages occur b. Notify Insurer and advise Owners and Residents /Tenants to contact their own Insurer(s).

In closing, another fundamental aspect is the importance of consulting with your Insurance Broker. They have the ex-

pertise to help determine the applicable coverage for your Building. The Broker can explain the deductible that would apply dependent on the source of the Water Loss. It is recommended that calling the broker early after a disaster and keeping a claim ‘on hold pending determination ‘can help make informed decisions and potentially help towards combating rising premiums and deductibles in your Building.

Even with the best laid planning, extreme weather and plumbing water escapes are inevitable. Knowing your Building’s most probable risks is the first step. Taking the appropriate prevention measures for your location and preparing a Disaster Response Plan are the next steps. When a major disaster strikes be sure to assign an approved Insurance Contractor and consult with your Insurance Broker. These Four Phases of Plan-

ning will minimize the quantity/scale of water claims and risks for your Condominium Corporation.

Bill Calhoun is the owner of ServiceMaster Restore Oakville. Bill has several IICRC Restoration Certifications including Fire Damage Restoration, Water Damage Restoration, and Commercial Drying. As an AtrensCounsel Preferred Contractor, Bill has over 20 years of experience in insurable losses. He has extensive knowledge of how to minimize the frequency/severity of insurance losses for Condominium Corporations and Property Management Firms..

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PROFESSIONAL PARTNERS

DIFFERENT PERSPECTIVES

Introducing Tool Talk

T Kevin Shaw, B.Tech.

(Arch.Sc.), Cion | Coulter Engineers & Building Scientists

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he mandate for the Professional Partners Committee has always been to promote and grow a network of trusted professionals for the benefit of all CCI members. To that end much of our focus has been organizing networking events where we bring together our business partners with our CCI members. The majority of these events are planed as educational seminars where our professionals present on a wide variety of topics that the Committee feels will benefit our membership. Unfortunately, with the current pandemic conditions, we have not been able to host any in-person events. With that in mind, we are initiating a new series of short videos that we have dubbed “Tool Talk” which we hope will bring our members closer to our professionals (at least virtually).

The Tool Talk series of videos will provide some behind the scenes views of our professionals to highlight a few of the many services our experts provide to their condo clients. The idea is for these short videos (3 to 4 minutes each), to give our membership a behind the scenes look at our experts at work. Many of these clips

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will be a view of activities/operations which may never have been seen/witnessed by our members before. Some of the first videos will focus on engineering, contracting and emergency/ disaster response.

The video clips will be uploaded to the CCI Golden Horseshoe website for easy viewing access and a library of multiple topics/insights will be created. We hope the clips will provide a fun and interesting look “behind the curtain” with our professionals while also educating the viewers on the methods, materials and operations utilized to inspect, resolve and repair typical problems being faced by condominiums within our community.

As always, the committee welcomes input from our members. If anyone has a suggestion for one of our videos, please feel free to reach out to us..

EPISODE 1: Behind the Curtain – A Water Leak Investigation View the Tool Talk Video

PROFESSIONAL PARTNERS

DIFFERENT PERSPECTIVES

Pay Me Now or Pay Me Later

T Ryan Griffiths CWB Maxium Financial

here is no question that the prices of goods and services are increasing. Labour shortages, supply chain issues and low interest rates are just some of the factors driving up the cost of everything from buying groceries, to eating out, or hiring a contractor. For condominium owners this is going to mean higher condo fees, and the greater possibility that your condominium corporation will need additional funding. It is best to be prepared, and aware of the potential impacts for board members and condominium owners.

The budget of a condo corporation is broken into 2 parts – 1. the operating budget which budgets to pay for the dayto-day operating expenses, and 2. the reserve fund budget which provides funding for major repairs and replace-

ments to the common property.

From an operating budget perspective, condo boards should be prepared for their service providers to be seeking increases in their contracts to compensate for their increased cost of buying goods and materials and higher labour costs. Contractors are likely going to charge more for their time, and they will need to pass along the additional cost of parts and materials. These increases will be in addition to the typical increase in utilities and the significant increases most condos have already experienced for insurance premiums. Operating budget increases are a normal annual occurrence, but I think the current environment will cause operating budget increases to be more significant than they continued…

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have been in last few years.

There should be no question that Reserve Fund budgets for condo corporations are going to be impacted by the increase in the cost of major repairs and replacements. From a short-term perspective any condo corporation embarking on a major project is likely going to be surprised at the increased cost of doing major work. There are statistics available on general construction inflation, but it’s hard to point to something totally appropriate and meaningful. What is appropriate and meaningful for a condo corporation is how much more it is going to cost to complete a major project today vs. what was budgeted in the Reserve Fund Study.

If your corporation was planning to do major work, say roofs, or windows, or roadways in the next few years, even if you had an appropriate budget 2 years ago, you will likely find the same project will cost 10%-30% more. For a large project this can be a substantial amount of money.

Condo corporations undertaking major work need to closely compare the actual cost of doing the work to what was budgeted in their Reserve Fund Study. In many cases the increase in cost is going to leave condo corporations with a shortfall to complete the work. Even if you have enough money in your Reserve Fund, if the cost is more than planned you should consider the impact to your long-term funding plan and consider

Key Property Management

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Look closely at the inflation rate being used in a new study and question the appropriateness.

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doing an update to your Reserve Fund Study to assess the impact.

Immediate funding needs aside, the Reserve Fund also typically accounts for somewhere between 30%-50% of the monthly condo fees. When your condo corporation undertakes their next Reserve Fund Study update (required every 3 years at a minimum in Ontario) you should expect the increased cost of major work planned in the future will require increased Reserve Fund contributions. If you are planning major work in the next 3 to 5 years, the funding need may be significant. If your major projects are further out on the horizon (10 to 30 years) you should have more time to increase your savings to meet your future obligations.

Look closely at the inflation rate being used in a new study and question the ap-

propriateness. The historical inflation rate of 2% that has been used in most Reserve Fund Studies may no longer be appropriate, at least for the next several years.

Simply put, condo fees are going to need to increase. Many condo corporations will also need to re-assess their cost expectations for major repairs and replacement. If your corporation finds itself in need to of additional funding the corporation can raise funds through increasing the condo fees (by raising the contribution to the reserve fund), through a special assessment, or by borrowing through a loan to the condominium corporation. Each of the above strategies has merits, and boards should evaluate each one to determine the best fit for the community.

If you are unsure how to evaluate these alternatives, speak with your Reserve Fund planner and consider speaking with someone familiar with developing lending solutions for condo corporations. If it appears that additional funding may be required don’t hesitate to tell your owners and let them know that the board is working on potential solutions.

Most condo owners expect minimal changes to their monthly condo fees, and there can be an unrealistic expectation that their financial obligations end with paying their monthly condo fees. Now is the time to be realistic, communicate, and set new expectations with your owners.

Third Watch Protection Services

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Upcoming Events

2022 Upcoming Events March 10th 5:00 pm - 7:00 pm

March 16th 5:00 pm - 7:00 pm

CondoTalks:

January 27th 12:00 pm - 1:00 pm

February 22nd 12:00 pm - 1:00 pm

March 22nd 12:00 pm - 1:00 pm

April 19th 12:00 pm - 1:00 pm Register online at: https://cci-ghc.ca/courses-events/upcoming-events

Planning for Capital Projects FEATURE

Planning for Capital Projects Kent Schultz, P.Eng., BSS RDH Building Science Inc.

I

t takes work to keep our buildings looking their best, performing at a high level, and in good shape for the foreseeable future. A lot of this work falls under routine maintenance; like cleaning underground garages in the spring to remove salts and debris, or cleaning roof drains to ensure proper drainage. While maintenance helps to extend the service life of buildings and their key components, it is inevitable that eventually a capital project will be needed to address outstanding issues, repair broken equipment or components, or for modernization.

These capital projects require pre-planning and preparation to ensure they achieve their intended goals, are cost effective, and cause as little disruption to the building and residents as possible. While all capital projects are different and need to be tailored to the needs of the building and building residents, there are a few common threads that apply generally to these projects. continued…

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The assessment can take on many forms but it should be conducted by a qualified person or professional with experience relevant to the issues and building components.

Life Cycle Planning and the Reserve Fund Study (RFS) To help with financial planning and provide a rough estimate of timing, condominium buildings are required to have a reserve fund study prepared and updated every 3 years. Reviewing and understanding the RFS is a great place to start when preparing for capital projects.

The RFS should include a list of the major building components (elevator, windows, roofs, etc.) and: - Their current age; - Their remaining expected service life; and, - An estimated cost for repair or replacement at the end of their service life.

The RFS does not provide strict timing for capital projects, nor does it provide an exact budget for these projects. That said, the RFS does provide a general timeline and broad cost projection for these projects. It also provides a plan for funding these projects through the Reserve Fund. In many cases, the RFS will also include some discussion around the grouping of capital projects to achieve cost efficiencies.

It is important to keep in mind that the Reserve Fund can only be used for common elements and should not be used for betterments. For more information on how the Reserve Fund can be used, refer to the Condominium Act, Section 97 Modification to Common Elements and Assets.

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Assessment

Design and Project Timing

The time to complete an assessment is when building components are nearing the end of their service life, issues are becoming more regular, and the RFS is suggesting that repair or replacement may be required. The assessment can take on many forms but it should be conducted by a qualified person or professional with experience relevant to the issues and building components. The assessment should: - Identify the issues and components that are candidate for repair or replacement; - Provide conceptual level recommendations for repair, rehabilitation, or replacement; - Provide an indication of timing for the capital project; and, - Where possible, provide alternate or phased solutions;

After confirming a capital project is the preferred or required path, it is time to start the design and planning. Start with the end in mind: when does the project need to be completed by? Knowing this will help to determine when the work needs to start. The extent and complexity of the project will determine the level of design required. In some cases, the design may require design professionals to prepare full sets of drawings and specifications, but at a minimum, it is wise to develop a clear scope of work to help with consistency and comparability when obtaining pricing from contractors or suppliers. In many cases, the design professionals can assist with tendering the project to qualified contractors. This often includes providing a tender summary to compare the bids received, proposed schedules, and any exclusions the contractor has outlined.

If the capital project is intended to be carried out during the summer, it is recommended the design be completed through the fall or winter so the project can be tendered early in the year. Pricing is typically the most competitive early in the year as contracting companies are looking to secure work for the summer.

In addition, having the project tendered early in the year will help to ensure the project gets scheduled for the intended time. Conversely, mid to late summer is a very busy time as contractors are working to complete projects before the winter rolls in, so pricing is typically higher and lead times are much longer.

It is critical when completing the assessment to provide as much information as possible. Often, providing the RFS and any available drawings or photographs, is a great starting point for the assessment and will help to provide both clarity and accuracy for the assessor.

Depending on the findings from the assessment, it may be possible to delay the project by completing short term repairs or a trial repair may be recommended as a way to confirm the repair strategy is effective in addressing the issue. Regardless, the assessment should provide greater clarity on the path forward.

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Material and equipment lead times also have a major impact on the project schedule. During the Covid-19 pandemic these lead times have become less predictable and, in many cases, have been extended. Pre-planning has therefore become even more important when considering capital projects.

Conclusion Capital projects are an important part of the maintenance and repair of our buildings. When properly planned and designed, these projects can be cost effective, timely, and extend the service life of the building. They may even help to improve the performance of the building as new and modern materials are used to replace the old or deficient materials and equipment.

Although capital projects are large undertakings for any condominium, they do not need to be daunting.

Kent Schultz, P.Eng., BSS is a Building Science Engineer, Project Manager and Group Leader at RDH Building Science Inc. He has a strong background in, and continues to focus on building repair, renewal, and rehabilitation, with a special interest in heritage and high-performance buildings.

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Q&A - Five Common Questions: Condo Law Version

Five Common Questions: Condo Law Version

By Stephanie Sutherland, Cohen Highley LLP

These are five of the most common questions that I get as a condominium lawyer.

Some of them relate specifically to situations arising from the covid-19 pandemic,

Q:

nCan we still hold virtual AGMs without an Electronic Meetings/Voting by-law?

A:

nYes, for now. At the beginning of October, the Ontario government once again extended the exception to September 30, 2022 (it was previously December 2021). While it is possible that this exception may be extended again, depending on how things look at that point, I would strongly recommend erring on the side of caution and getting an Electronic Meetings/Voting by-law in place so that your condominium corporation is able to hold its AGM regardless of meeting restrictions and safety concerns.

The reality is that, even if the pandemic passes enough that we are able to have full in-person meetings again, virtual meetings are likely here to stay. They can be easier, more cost-effective, and 26

more efficient, and permit owners who do not reside in their unit to easily attend and participate. So ensuring that your condominium has the option to hold virtual (or, more likely, hybrid) meetings just makes sense.

Q:

nIf a Tenant in a rented unit is in non-compliance with the Act, Declaration, etc., can the condo evict the Tenant?

A:

nTechnically, no. The actual ‘eviction’ (or termination of tenancy) process must happen by the Landlord/ Unit Owner serving the Tenant with a Notice of termination of tenancy, and the matter proceeding to a hearing at the Landlord and Tenant Board if the Tenant refuses to move out pursuant to the Notice.

Having said that, if the Owner does

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not take the necessary steps to deal with the issue, then the condominium can bring a court application against both the Owner and the Tenant. The condo can ask for a variety of court orders, including that the Tenant be required to vacate the Unit. However, this remedy is considered ‘draconian’ by the court, and a condominium corporation can only evict a Tenant if the Tenant is in contravention of a compliance order from the court. In most cases, an order will be granted requiring compliance by the Tenant and Owner, with the option for the condo to return for an eviction order if the non-compliance continues.

That is why the best approach is to send compliance letters to the Tenant and the Owner, making sure that the Owner is aware of their obligations, and to work cooperatively with the Owner if the Owner does start the termination process.

Q:

n Do we have to have a Rule or Policy dealing with vaccines? How do we deal with the vaccine issue, and our amenities?

A:

It is currently not mandatory (at least under provincial legislation) for condominiums to have a Rule or Policy. Your municipality may require it, or at least may require enforcement or municipal directives. Even if it is not mandatory, I would strongly recommend having something in place.

Recent case law has come out on the side of dealing with these types of issues in Rules, rather than in Policies, because Rules are created through a process that provides Owners the opportunity to requisition a meeting to discuss and vote on the proposed Rule, if so desired. A Rule that sets out the overarching requirements, with a supporting Policy that deals with the more day-to-day operational issues (e.g. who vaccine certificates can be provided to at the condo, how booking of amenities will work, etc.), is a practical and useful combination.

If a condo does not address the issue at all, with respect to Owners and Occupants using the condo’s amenities, in my opinion this will expose the condo (and possibly the individual Directors) to potential liability if someone does contract covid through use of the condo’s amenities. The condominium has the obligation and the ability to keep Owners, Occu-

pants, staff, management, and guests safe, so taking the opportunity to do is the best practice.

Q:

Q: A:

nI don’t know. I really, really wish I did, and every other condo lawyer I know feels the same, but we do not have that information.

One of the changes that was announced in September is that the CAT’s jurisdiction will once again expand – effective January 1, 2022 – to include noise, odour, light, vibrations, smoke, and vapour. This is going to be a significant adjustment for the CAT, at a time when it is still negotiating its way through the first few pets and parking cases. Condos, directors, owners, managers, and their legal counsel should all brace for some serious growing pains as the CAT takes on these new issues.

nShould we consider passing an indemnification by-law?

nYES! Indemnification is more important than ever in condos, given the increases in insurance costs and the recent few cases that have addressed the issue (Amlani v. York Condominium Corporation No. 473, 2020 ONSC 194 (CanLII), O’Regan v. Carleton Condominium Corporation 169 et al, 2021 ONSC 945 (CanLII). While there is a debate between lawyers as to the degree to which these cases have changed how and whether condos can charge back legal costs and other costs to owners, one fact remains clear: in most situations, a condo’s ability to charge back costs (especially legal costs) is only as strong as its indemnification provision.

It is possible, especially for newer condos, that your Declaration may adequately address this issue. But it might not; you should consult with your condo’s lawyer to see if yours is sufficient. If it is not sufficient, then it is far better to spend some money now and get a by-law in place that expands your indemnification provision, than to find out after an incident occurs that your condo is limited in what it can charge back to Owners.

nWhen are the next proposed amendments to the Condominium Act, 1998 going to come into effect?

A:

Stephanie Sutherland is a condominium lawyer at the Kitchener office of Cohen Highley LLP. Stephanie assists condominium boards, unit owners, and managers with day-to-day governance matters, compliance issues, drafting and registration of new and amended condo governance documents, court and CAT proceedings, and mediations and arbitrations.

She sits on several Grand River, Golden Horseshoe, provincial, and national CCI committees, and is on the Golden Horseshoe Board. Stephanie also regularly speaks at CCI events, and contributes articles to condo industry.

Millards Chartered Professional Accountants

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Duty to Repair - The Case Study

FEATURE

Duty to Repair – The Case Study Patricia Elia, B.Comm., LL.B., A.T.C. Elia Associates PC

Henry Jansen, P.Eng., ACCI Criterium Jansen Engineers

Matthew Atkin, CPM, RCM, CMOC, ARM GSA Property Management

CASE STUDY 1 MANAGER’S PERSPECTIVE: This case study involves a townhouse condominium corporation with condemned cantilever rear balconies. The situation occurs more frequently than you might expect because of the nature of this type of construction.

Often, Boards have several replacement options when dealing with this type of failure. It is imperative that the Board and property management company work closely with their lawyer and engineer to develop a replacement plan.

In this case, the Board of Directors, working with their engineer, changed the design from a cantilever to a rear post design balcony that was attractive and cost-effective. Unfortunately, the corporation was not adequately funded to undertake this project with available funds.

As a result, the Board and property management completed a cost-benefit analysis comparing special assessment and loan options. Once the analysis was complete, the Board consulted with their lawyer, auditor, reserve fund planner, and specialized lender.

Following this consultation, the Board, working with management, arranged to hold a town hall meeting to inform the broader community of the project plans and provide owners with relevant information and analysis. The town hall was also an opportunity to promote transparency and allow for questions from the owners to be addressed by the professionals on the town hall panel, including the lawyer, auditor, property manager, engineer, and specialized lender.

Once the town hall was complete, and based upon feedback from the owners, the Board decided to levy a special assessment instead of taking the bank loan to fund the project. continued…

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Before construction began, the Board, working with property management and the engineer, developed a comprehensive communication plan, providing affected owners with a detailed construction schedule, expected impacts, and regular updates.

At the conclusion of the project, a close-out communication was sent to the owners, providing them with a recap of the project, including total costs, and requesting their feedback on how the project was handled by management and the Board.

CASE STUDY 2 This case study involves a condominium corporation with a suspended swimming pool and imminent failure.

This situation is critical to assess and understand because this situation occurs frequently but is often addressed inadequately, and there is significant room for improvement in approaching this scenario.

Signs of failure first presented themselves when it was noted that pieces of concrete were crumbling and falling from below the pool, and water leakage was observed. These conditions were all identified during regular preventative maintenance inspections. Once identified, the findings, including photographs, were provided to the Board of Directors, along with the recommendation that the Board seek and obtain professional advice regarding these matters.

The Board agreed with the manager’s recommended course of action and instructed management to contact their engineer of record and their lawyer. Once aware of the conditions, the engineer recommended a visual inspection to better understand the current condition.

Following the visual inspection, the engineer determined that core samples and a chain-drag test were required because the extent of the deterioration had progressed substantially. This information

was conveyed to the Board and the Corporation’s lawyer, and, upon review, the lawyer advised the Board that it was obligated to complete this additional investigative work.

The Board followed the lawyer's advice, arranging completion of the recommended work, and was subsequently advised by the engineer that the pool shell was in a condition of imminent failure. The engineer recommended to the Board that project specifications be developed, competitively and formally tendered, and a bid summary prepared. The Board agreed with this process and instructed the manager to move forward.

Once the engineering process was complete and the Board had the letter of recommendation from the engineer, they again met with their lawyer and management to discuss options.

Because the Corporation was adequately funded and had followed their Reserve Fund Plan, the Board decided to proceed with immediate replacement of the pool shell. The Board, working with their management company and lawyer, provided updates to the entire community throughout this process to ensure transparency and the factual dissemination of information.

Before entering a contract with the recommended bidder (CCDC), the Corporation’s lawyer reviewed the contract to ensure the protection of the Corporation.

MANAGER’S PERSPECTIVE: Matthew Atkin, GSA Property Management

1. Make the entire Board aware of issues immediately.

2. Recommend to the Board that they seek professional advice from the very beginning to ensure that the matter is handled correctly and with a comprehensive plan in place.

3. Following Board approval, arrange for prompt professional review and facilitate discussion with the Board

and the appropriate professionals (often more than one professional, i.e. lawyer and engineer).

4. Following Board approval, arrange for the consulting engineer to provide project specifications, formally tender the project, conduct a bid analysis and issue a letter of recommendation to the Board.

5. Arrange a meeting with the Board and related professionals to develop a funding and construction plan to ensure compliance with industry best practices and the Act. 6. Work with the Board and professionals to develop a Communication Plan to ensure the owners are adequately and regularly updated on the progress of the project.

7. Depending on the scale of the project and impact to owners, arranging a Town Hall meeting to answer owner questions and educate owners on the process the Board has followed. It is strongly recommended that the related professionals be in attendance for this type of meeting.

8. Engage the Corporation’s lawyer to review the CCDC contract before the Corporation enters into an agreement to ensure the Corporation is adequately protected.

9. Provide regular updates to the owners on how the project is progressing and how they may be impacted.

10. Upon the conclusion of the project, provide the owners with a “close out” update and request their feedback on how they feel the project was handled by Management and the Board. While you can expect some negative feedback, it is often helpful to receive this feedback and use it to plan for future projects. continued…

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LEGAL PERSPECTIVE: Patricia Elia, Elia Associates PC In managing the legal risk associated with a capital asset replacement due to failure, it is important to know where you are in the timeline: Is failure pending?

Or has failure occurred?

Basically, Failure is pending 1. Know your duty under the Condominium Act, 1998 (the “Act”): pay attention to the following sections: 26, 37, 117, 119 and the constating documents. Make sure the Status Certificate is updated.

2. Engage your professionals, both engineers and lawyers to talk about what is the nature of the failure and what the risks are. Do not under estimate the value of a well drafted and comprehensive set of opinions. Penny wise pound foolish is not the way to go. This means retaining experts now! Get more than one opinion.

3. Understand priorities of risks to be managed. Legal, engineering and accounting may be helpful in identifying risks and their scope.

4. Ensure that your professionals are strong and clear, especially on life safety matters. It troubles me when professional opinions are unclear.

While I appreciate risk needs to managed by professionals, the professional duty must be fulfilled. Boards should ensure that the scope of the retainer is accurate. Legal can assist in this because it may have consequences from an evidentiary perspective.

5. The scope of work of a professional should provide advice on the potential solutions, legal or engineering consequences, unknowns which may arise and potential costs.

6. Legal counsel should provide a legal strategy with respect to how to ad30

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Timely engagement of professionals can work to protect the Corporation and manage the risk to the Board of Directors.

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dress these matters in accordance with the and all other applicable laws. The interesting thing about condominium law is that there is a rich intersection of compliance with other laws within the statutory framework of the Act and the caselaw. Opinions should address: the Act requirements, other laws, director liability, insurance concerns, a review of all contracts for key components including the scope and nature of work, duties, covenants, indemnities and insurance provisions and obligations. The opinion may also discussions about special assessments and/or loans, if applicable.

7. Notifications in the status certificate should be made of any pending issues so that everybody pays any costs associated with the same and arguments are avoided whereby a purchaser says that they never knew about something that the Board knew about.

8. Timely engagement of professionals can work to protect the Corporation and manage the risk to the Board of Directors.

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9. Communication with Community: a. Who is doing it? b. How should it be done? c. What are the options available to the Board? d. Who should speak on behalf the Corporation? e. When should it be done? f. What should be released?

10. What if people bury their heads in the sand? Pull their heads out of the sand and move forward. Legal can help by getting a court order, if people will not cooperate.

Failure has occurred and is now an emergency 1. If an emergency occurs, i.e., the underground has already collapsed, the Corporation must proactively manage the risk. This will require the immediate engagement of professionals irrespective of financial issues.

This will mean that property management, lenders, insurers, engineers, contractors, lawyers and municipality potentially will need to assess the risk.

2. Understand priorities of risks to be managed now that failure has occurred.

3. Immediate steps: Working with municipality and police. Organizing evacuation of the premises. If there is a risk to persons, then people need to be told to leave and if the building is condemned then there is absolutely no choice. Work with property management and security to get this effected.

4. Know your duty under the Condominium Act, 1998 (the “Act”): pay attention to the following sections: 26, 37, 117, 119 and the constating documents. Make sure the Status Certificate is updated.

5. Putting insurers on notice immediately!! This has legal implications to the Corporation.

6. Further on the legal side, opinions should be provided to the Board regarding liability and who may be responsible, legal proceedings and the legal framework of next steps. Is a section 97 approval required, is a borrowing bylaw required? What needs to be effected? What are the risks associated with each step?

7. On a parallel thread to the foregoing, the Board will need to work with professionals in determining what evidence or information or data is required by each of the professionals: insurers, engineers, legal, contractors etc. Coordinating the efforts of the Board with all professionals and transmission of data.

8. Once people are safe, then communication strategy should be more fulsomely developed and implemented.

This would include town hall meetings and duly constituted unit owner meetings.

9. Communication with Community: a. SEE Item 9 above.

10. Be prepared to apologize.

ENGINEER’S PERSPECTIVE: RESERVE FUNDS Henry Jansen, Criterium Jansen Engineers

Very simply, a Reserve Fund Study is at a minimum a 30-year maintenance plan for your condo corporation. It is a tool prepared by your engineer for the Board and property management to use in maintaining the real estate asset. It is a goal. If the reserve fund says something needs to be repaired or replaced in certain year, this does not mean that this actually has to happen as laid out in the annual expenses. Sometimes a roof will last another year. Sometimes you may need to replace the roof a year earlier.

which is different than a reserve fund.

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The Reserve Fund is a living, breathing document... It should be used in constant consultation with your engineer.

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The reserve fund is a living, breathing document. Like I said earlier it is a planning tool. It should be used in constant consultation with your engineer.

It needs to be continually updated.

This is a minimum of every 3 years as outlined in the Condo Act. But we have some condo corps which update the reserve annually. You should always plan projects a year in advance and adjust your reserve fund as critical projects come to the horizon and actual contractor quotes for work are obtained.

As buildings age, more maintenance and repairs will be needed. You need enough money in your reserve fund to maintain the infrastructure. Do not defer projects and do not just hire a professional which will help you keep maintenance fees low. You are just fooling yourself. Pay now or pay later. It is not more complicated than that.

Below are 2 scenarios and practical tips in the event a: (1) known failure is pending but there is time to deal with it (i.e., underground garage will require major work in 2-3 years); • Take the project seriously and make informed decisions in a timely manner.

• Start with a Condition Assessment

• The reserve fund should identify when the work should be undertaken.

• A Condition Assessment is a detailed technical audit prepared by a licensed professional engineer.

The inspection process will be partly visual and invasive. Invasive testing can include concrete core samples, sounding of concrete, chain drag, X-ray, etc.

• The detailed condition assessment should outline the full scope of work that is required.

• Based on the condition assessment a tendering document and bid package can be created.

• Based on costs and condition you may be able to complete work in phased projects.

• Communicate the need and process to you unit owners.

• Work with your property manager, lawyer, financial lender, and engineer to develop the plan to address the pending failure.

• Time is of the essence.

• Timing - Condition Assessment, Scope of Work, Tendering and Bid Documents – 2 months - Receiving bids and awarding contract – 1 to 2 months - Availability of contractors – you should anticipate that the earliest any work can begin in planned fashion would be 6 months from the time the Condition Assessment takes place.

- It is recommended to always plan projects a year in advance. continued…

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(2) an emergency occurs (underground garage has collapsed).

• Your condo corporation should have an emergency preparedness plan.

• When disaster strikes it is best to have a plan, so you know what to do. Do you have a plan?

• Alert the authorities having jurisdiction. This would include fire & rescue, police, ambulance.

• Step by step work through each crisis with your team.

• It will be overwhelming. Use the resources you have to work through the crisis.

• Short term objective – protect life safety.

• Long term objective– identify problem, do the analysis, design the solution.

- How did the failure happen?

• Can it be repaired?

• Can we rebuild?

• How can all this be funded?

developed strong industry leaders to meet the demands of our condominium clients. Criterium-Jansen Engineers is a family team.

Henry is on the Board of Directors for CCI-Grand River and Greater Dufferin Home Builders Association. He is a contributor to the PEO Performance Audit and Reserve Fund Committee.

Henry also contributes to CCI Ontario Caucus Tarion Advocacy Committee which advocates condominium issues in front of government leaders. Henry regularly attends and contributes to the CCI-N conferences across the country.

In his spare time, Henry enjoys spending time with family, renovating his home, and camping.

Matthew Atkin, CPM, RCM, CMOC, ARM is Regional Manager / Senior Property Manager at GSA Property Management Matthew has worked in property management since 1998 and is currently a Regional Manager and part of the Leadership Team at GSA Property Management. Matthew is a licensed professional property manager, member of both the Real Estate Institute of Canada and the Association of Condominium Managers of Ontario and holds the following designations: CPM (Certified Property Manager), RCM (Registered Condominium Manager), CMOC (Certified Manager of Condominiums) and ARM (Accredited Residential Manager.

Matthew enjoys working with all communities and helping them create a property specific and detailed plan to achieve their short and long term goals.

Patricia Elia is a senior lawyer with Elia Associates and has practiced law for over 25 years in the areas of condominium law and corporate law, in large, medium and the boutique specialty law firm of Elia Associates. Patricia is intrigued by the interplay of economics, the law and critical thinking models in condominiums and she likes to understand people. As a trained mediator, she understands the value of early and creative dispute resolution opportunities. As an active industry participant, she believes that the sharing of knowledge has the potential to empower Boards of Directors. Patricia’s commitment to condominiums has been in leadership roles such as the President of CCI Huronia, Co-Chair of CCI’s National Council, a member of CCI National Executive and a member of all 5 Ontario chapters. She has also sat as Vice-Chair of CCI National’s Government Relations Committee and Governance Committee. She is a founder of Women in Condos. She has been a Condominium Director for the last 19 years and a Unit Owner of a condominium. Patricia is passionate about the condominium industry because of the important role condominiums play in the lives of real people.

Henry J. Jansen, P.Eng., ACCI is president and owner of Criterium-Jansen Engineers.

“There are 2 things that people will always need: food and shelter. Criterium-Jansen Engineers is in the shelter business.”

Henry graduated from McMaster University in 1992 and earned his P.Eng. license in 1994. He has always been a design engineer helping to solve problems. Engineering is applied science.

Engineers use theory and then apply practical knowledge to develop solutions. As his career moved to business ownership, he partnered with Criterium Engineers as one of the building engineering leaders in North America.

Henry loves to help clients with their building needs and has

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G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

Are you still stressing over holding your Annual General Meeting virtually?

Can’t find a service provider to host your meeting?

Are you a member of Golden Horseshoe Chapter – Canadian Condominium Institute?

Yes! THEN WE CAN HELP!!

The GHC-CCI will offer our technical Golden Horseshoe Chapter will supply expertise and the use of our Zoom the following: platform to host your AGM. You will • Zoom Pro platform (including polling still be required to prepare everything through Zoom) needed for your AGM: • Conference call number for those not • Powerpoint able to connect through zoom • Script • Any confidential voting requirements • Host through an online survey link • Collection of proxies • A technician to run the event in the • Minute taker background who will: • Polling/voting questions and choice of - set Up link and any recording answers requirements • Distribution of your AGM package - set Up polls • Provide GH with name/emails of partici- launch Polls and surveys pants - provide tech help/troubleshooting

This service is available for smaller condo’s as follows: 1-19 Units - $250 + HST 20 – 49 Units - $350 + HST 50 – 80 Units - $450 + HST This service is only being offered to small condominium units that are members of GHC-CCI and is on a first come, first served basis.

If you are interested in using our services please email us at admin@ghc-cci.ca with the date and time of your AGM, and we will get back to you with our availability.

Thank you for being a member of GHC-CCI!

Shedding Light on Your Dark, Scary Attic

FEATURE

Greg Corbiere, B.E.Sc., P.Eng.

Shedding Light on Your Dark, Scary Attic

Edison Engineers Inc.

A

ttics are an important part of your building! Look, we get it. They can be dark, scary, and often overlooked. We will help you conquer that three-headed attic monster and enlighten you on what a functional attic can do for your building – and your

Jordan Switzer, B.Eng., P.Eng.

wallet!

The most common attics in our climate zone are unconditioned spaces. This means they are not heated or cooled like the inside of your home. There are several components that make up this type of attic, including but not limited to: asphalt shingles, shingle underlayment, sheathing, wood framing, ventilation (i.e. passive vents, vented soffit panels, rafter vents, etc), insulation, vapour barrier, air seal caulking/weatherstripping, an access hatch, drywall ceiling, and more.

Edison Engineers Inc.

Figure 1: Attic Components

Let’s dive deeper into common issues we see in unconditioned attics, the three most important aspects of your attic, what a well-functioning attic can do for you, and how an Engineering Consultant can help you bring all these things together to meet your attic improvement needs! continued…

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G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

Time to conquer your 3-headed attic monster!

The 3-headed attic monster – not so scary, just misunderstood. We want to make this monster happy, because when it’s unhappy, it can create all kinds of problems for you, including: Ice Damming  Damaged roof shingles, sheathing  Leaks into living space  Icicle hazards Roof Shingle Failure  High shingle temperatures  Curling & granular loss  Shorter shingle life Condensation in Attic  Mould growth  Wood damage/rot

Figure 2: Ice Damming

Uncomfortable Interior Temperatures  Heat escape in winter (conduction)  Heat entry in summer (radiation)  More expensive utility bills

So, how do we make your monster happy?

Easy – we give it what it likes. This monster likes a cold space, a dry space, a space separated from its downstairs dwellers, and fresh air.

But how do we provide these conditions for your monster? By ensuring the

three most important aspects of your attic (insulation, air sealing, and ventilation) are optimized.

of construction.

Proper insulation can help create a thermal barrier between spaces, increasing comfort and even reduced energy use.

Insulation The insulation in your attic is designed to limit thermal transfer between your conditioned living space and your unconditioned attic space. Types of insulation used typically include loose-fill or blownin, fibreglass batt, or even spray foam.

Older buildings will often have less than optimal levels of insulation due to the building code requirements at the time

Figure 3: A Happy Attic Monster

Ventilation Attic ventilation is the process of creating air flow through your attic, using low venting and high venting. Most attics in our climate zone rely on passive venting – a natural process where warmer air rises and gets replaced with colder air from below. Another main contributor to ventilation is wind. Low venting typically includes perforated soffit panels and high venting can include box vents or ridge vents.

An often overlooked component of ventilation is the presence of baffles along the eaves of the roof. Baffles are installed at the base of the roof joists to provide a clear channel for air to flow from the low soffit vents, up along the roof sheathing and out the high vents.

Without baffles the attic insulation will often impede the airflow, greatly reducing the much-needed attic cooling effect.

Together, proper insulation, air sealCondo News – WI N TER 2022

35

ing, and ventilation can provide you with optimal attic conditions – making your attic monster very happy! It will increase resident comfort, improve your building’s

performance, and increase the service life of your shingles and other roof components.

Figure 4: Properly Insulated Attic

What can an Engineering Consultant do for you?

Have your attic space and roof shingles reviewed by your engineering consultant prior to setting final project budgets. This review will provide the Board with critical information on how your attic monster is feeling – and how your attic is performing – before you undertake repairs. It is far more economical to complete attic repairs or upgrades in combination with a shingle replacement project. This allows contractors to remove or repair damaged roof sheathing and provides easy access to your attic from the outside! No need to have contractors fighting through that attic hatch in your closet. Finally, reviewing and upgrading your attic during a re-roofing project will ensure you are maximizing your new roof’s service life and optimizing your investment.

It may also make sense for you to review and upgrade your attic during government homeefficiency rebate programs – when you can recuperate some of the upfront costs, and then reap the longterm energy benefits.

Want to learn more?

Edison Engineers can assist you through this process; just give us a call or email!

Figure 5: Common Sources of Air Leakage Greg Corbiere can be reached at gcorbiere@edisonengineers.ca or 226580-6185; and Jordan Switzer can be reached at jswitzer@edisonengineers.ca or 289-7753581.

Edison is a communication-focused professional engineering and project management firm specializing in the repair and restoration of existing buildings. Over 60% of our services are for Condominiums. We specialize in Restoration work and leverage that knowledge and experience to help our clients develop repair plans and Reserve Fund Studies aligned to their objectives and financial constraints.

Figure 6: Good vs. Bad Ventalation

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G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

Shifting the Snow and Ice Removal Paradigm…

Occupiers Liability Act!

FEATURE

Shifting the Snow and Ice Removal Paradigm…

Occupiers Liability Act! Dave Williams

P

eriodically, we are called upon to shift the way we think about something. Sometimes the change is dictated by technology, other times by changing laws. The process can often be initiated by thinking outside the box.

Before we delve into this, all contractors, condo board directors, residents and property management companies are encouraged to consult with their legal advisers so that they may be provided the most accurate and up-to-date interpretation of the Occupiers Liability Act. In part here is what the “The Act” says with respect to snow and ice: 6.1 (1) No action shall be brought for the recovery of damages for personal injury caused by snow or ice against a person or persons listed in subsection (2) unless, within 60 days after the occurrence of injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person listed in subsection (2).

(6) Failure to give notice in accordance with subsection (1) is not a bar to action in the case of death of the injured person as a result of the injury. continued…

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37

“

Rod Escayola, Partner at Gowling WLG in Ottawa, provides the following interpretation in his excellent blog dated December 10th 2020…

The same Board member who participated in the fall walkabout should do periodic walkabouts in winter, particularly after a snow fall, in order to measure the consistency of snow operations to agreed standards.

– “Written Notice of the claim Under the modified “Occupiers Liability Act”, No one will be able to bring a claim for damages resulting from a personal injury caused by snow or ice unless they have provided written notice of the claim within 60 days of the injury. The notice will be required to contain such information as the date, time, and location of the occurrence. The notice will need to be served personally (or sent by registered mail) to the “occupier” or to the contractor employed by the occupier to remove snow or ice on the premises.

– Who is the occupier?

The condominium corporation is, at law, the occupier of the common elements for the purpose of the Occupiers Liability Act. This means that before someone can sue the corporation for a slip and fall on ice/snow, they need to provide the corporation with this newly required written notice. If they don’t, the corporation may be able to get the suit tossed out.

”

jury. Naturally, this assumes you received the notice on time to begin with.

-

Exceptions Someone who fails to provide the required written notice within 60 days of the injury will lose the ability to make a claim unless: - the injury resulted in death - or unless a judge finds that there is a reasonable excuse for not having provided proper notice and the defendant is not prejudiced in its ability to defend the claim”.

– What to do with the notice Upon receipt of a written notice, the corporation is required to personally serve a copy of it onto the contractor employed to remove snow/ice and onto any other occupier (think of another corporation sharing the common elements in question).

The amended legislation does not indicate how quickly the corporation has to serve a copy of the notice onto its contractor, but it is suggested that it should be done without delay and, if possible, within 60 days of the in38

So... who are the stakeholders in all of this?

Seems that the Condo Corporation (occupier), and the contractor are the main guys here but, on the periphery would be the property managers and the insurance companies.

Condo Corporations and the Contractors… everybody on the same page Last year in our “slip and fall article” we talked about the need for a “snow plan”. It would now appear that this step

G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

is more important than ever. A comprehensive snow plan should include but not be limited to: 1. A fall walk-about to include the contractor, the property manager and a board member.

2. Notes should identify; where to store excess snow, when to remove same from the property, any walking areas where excess water may gather and freeze (extra salt needed), any walking areas needing repair before winter.

3. A special budget meeting should be held to include the board and the contractor. This is where the paradigm shift may need to take place.

The winter budget might need to be driven by the need to be as prudent as possible to avoid problems as opposed to “how do we do this and save money”?

4. “Standards of measure” should be agreed upon by the stakeholders so that the corporation will know what to expect and as importantly, the contractor can train his workers according to the “set out” standards.

5. The same board member who participated in the fall walkabout should do periodic walkabouts in winter, particularly after a snow fall, in order to measure the consistency of snow operations to agreed standards. Pictures should be taken.

6. Once agreed upon, the standards should be published in the monthly bulletin to residents. It is notice that winter hazards are lurking and a heads-up to use caution when walking.

Condo Corporations should know that large companies have been pursuing these practices for years (think ISO standards in the early 2000s). The benefits usually include buy-in by all parties

concerned, and measure-able results.

Many condo boards download such activities to their property manager. In the case of preparing for winter, the property manager does not seem to be a party to any legal action. Indeed, only the occupier and the contractor seem to be named therefore the need for an elected representative of the occupier to participate in the prevention process.

The insurers remain relatively quiet on the subject not wishing to talk about frequency of settlements. That said, the same insurers have been forced to dramatically increase condo insurance premiums in the last few years so any preventative measures I am sure will be welcomed by them.

Environmental One last stakeholder on the periphery of all this is the municipality. We reached out to the Hamilton Public Works group for input on the impact of salt usage on our groundwater and surface water sources. They acknowledge the importance of the safety considerations of road salt usage but also seek to protect the environment where possible.

The Twin Cities (Minneapolis/St Paul) commissioned a study (Fortin Consulting Inc) that investigated the real cost of salt use for winter maintenance. The study found that damage to infrastructure, autos, vegetation, human health and the environment cost the city anywhere from $803. per ton to $3,341. per ton of salt used. The Twin Cities use approximately 349,000 tons of salt per year.

Swiss just couldn’t “shift” the way they thought about watch parts.

The Liability factor with respect to reducing the potential for slip and falls on ice is no joke. While the law seems to name the contractor as being the most responsible, it is a matter that requires the attention of condo boards, property managers, and residents in collaboration with their contractors.

Condo Boards need to get “ahead of the curve” and “invest” in the safety of their residents, the protection of the environment and maybe enjoy some ‘if not reduced insurance premiums – at least much smaller increases’.

Dave Williams is a retired corporate executive and graduate of York University. He can be contacted at williamsdavem7@gmail.com With thanks to: Province of Ontario – Occupiers Liability Act – Last Amendment 2020 c 33 Rod Escayola, Partner at Gowling WLG Ottawa, Condo Adviser City of Hamilton, Councilor Brenda Johnson, Deb Stringer, Community Outreach Educator Fortin Consulting, “The real Cost of Salt Use for Winter Maintenance” Minneapolis/St Paul Don Tapscott, Art Caston, Paradigm Shift. McGraw Hill Suzanne Pestano, Gelderman Landscape Services

Back to Hamilton… the city provides the following recommendations for reducing the impact of salt usage: 1. Stop snow and ice from building up by shoveling as soon as possible after a snowfall 2. When using salt or de-icer, use only what you need 3. Avoid storing or piling snow where the melted snow could drain across paved surfaces (and freeze)

Larlyn Property Management Ltd.

4. Ensure downspouts do not drain onto paved surfaces 5. Apply abrasives such as sand during colder temperatures 6. Sweep up loose salt, sand and de-icer to stop it being washed into water sources A word about paradigm shifting... in his very excellent book entitled “Paradigm Shift”, Don Tapscott relates the story about the wrist-watch industry. Apparently, a few years ago the Japanese parts makers went to the Swiss and suggested they substitute plastic parts in their watches replacing the heavy stainless-steel versions. The Swiss did not believe in plastic. The Japanese went home and began building watches with plastic parts and took the world -wide watch business by storm. The Condo News – WI N TER 2022

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Condo of the Year Award Winner

2021 Condo of the Year Award Winner

Welcome to our Newest Members

Congratulations to ...

Niagara North Condominium #151

to our Newest Members:

Located at 20 John Street in Grimsby, this condominium is a quaint, three story concrete block building tucked back in on John Street. To read more click here (Spring 2021 Feature Condo Article)

CONDOMINIUM CORPORATIONS (COMPLIMENTARY) Halton Standard Condominium Corporation #429 Burlington, ON INDIVIDUAL MEMBERSHIP Colin Lindsay, Burlington, ON Shelley Ball, Toronto, ON Myra Wedemire, St. Catharines, ON

New Board Member Highlight - Thomas F. New Board Member Highlight Nederpel

Thomas F. Nederpel, B.Sc., P.Eng I have lived in a condominium for the past 7 years, since it was incorporated, and have been a Board member (President) for that duration.

I am a retired Professional Engineer, having worked in senior management in Canada's leading steelmaker, ArcelorMittal Dofasco for 41 years. Both my technical background and practical experience on Boards of various nature has exemplified my ability to work collectively with a variety of individuals from manufacturing corporations as well as not-forprofit organizations.

I have been totally involved in our condo community, given my retired status, and have enjoyed the involvement with my co-owners and our Property Manager in ensuring the success of all aspects of the environment in which we live. I believe my experience will enhance the CCI Board and it, in turn will grow my acumen of the regulatory and legal aspects of the condominium Act.

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G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

The Golden Horseshoe Chapter of the Canadian Condominium Institute would like to give your Condominium $500.

Tell us why your Condominium is worthy of winning the “Condo of the Year” award? We are all proud of our homes, you just need to highlight the following points in your article that describes your condominium: l

What are the qualities and features of your Condominium?

l

What are the accomplishments achieved by your Condominium Corporation?

l

What is the overall environment like in the Condominium?

l

What makes residents proud to live there?

Each entry will be featured in one of the upcoming issues of the “Condo News” magazine. There are four issues per year: Spring

Article deadline March 1st

Summer

Article deadline June 1st

Fall

Article deadline August 1st

Winter

Article deadline December 1st

You can either send an article or we can interview you via phone and write an article about your condo for you!

Interested applicants should submit their articles or contact information for an interview to: by mail CCI-Golden Horseshoe Chapter, PO Box 37 Burlington, ON L7R 3X8

OR

by email admin@cci-ghc.ca

The Condominium will be selected by the GHC-CCI Communications Committee and will be announced at the Annual General Meeting in the fall.

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Update on Ontario’s Proof of Vaccine Requirements for Condominiums

FEATURE

Michelle Kelly

Robson Carpenter LLP

Update on Ontario’s Proof of Vaccine Requirements for Condominiums

T

he Fall 2021 edition of the CondoNews included an article about Ontario’s vaccine passport system that was implemented in September of 2021 in response to the pandemic. As the government’s announcement was made shortly before the magazine went to press, there were some parts of the new system that were unclear, namely whether the requirement to show proof of vaccination would apply to condominiums. Fortunately, this is now clear with the release of the regulations under the Reopening Ontario (A Flexible Response to COVID-19) Act.

Amenities Proof of vaccination is not required to access the common elements of condominiums used exclusively by the owners and residents, even those areas that would be covered by the requirement if they were operated by private businesses, like fitness areas and meeting spaces. However, condominiums choosing to open these amenities to their residents and owners must comply with the other requirements for operating these areas. These requirements currently include: continued…

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G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

• collecting information on the users for contact tracing purposes; • screening users before they enter for symptoms of or exposure to COVID19; • ensuring people wear face coverings where they are unable to maintain a physical distance of at least 2 metres from other people (unless they are exempt from the face covering requirement); • cleaning and disinfecting surfaces; and • posting any notices required by the Chief Medical Officer of Health for Ontario and the Medical Officer of Health for the municipality in which the condominium is located.

In addition, many lawyers believe condominiums could choose to adopt vac-

cine requirements for amenity areas as part of the condominium’s duty to manage the common elements. See the Fall 2021 edition of the CondoNews for more information about this option.

Commercial Condominiums It is important to note that owners operating businesses out of their units in commercial or mixed-use condominiums are required to comply with the proof of vaccination requirements implemented by the Ontario government. As such, if the unit owner’s business is one that is required to ask for proof of vaccination, such as restaurants for dine-in or gyms, the owner must ask for proof of vaccination and follow all other requirements, like contact tracing, screening, and ensuring face coverings are worn as required by the regulations.

The Future The future remains uncertain now as the Ontario government has paused its original plan to gradually reopen in early 2021 because of the latest variant and the increase in case numbers. This uncertainty means that much that could change as proof of vaccination requirements and other public health measures are increased or relaxed. Stay tuned to the CondoNews for further updates.

Michelle Kelly is a partner at Robson Carpenter LLP where she leads the firm’s condominium practice group. She is the current President of the Grand River Chapter of CCI and sits on various committees, including the conference committee. She is a regular speaker at CCI events and the main contributor to the firm’s condominium management law blog (ontcondolaw.com).

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New LCCI Designation

APPLICATIONS FOR THE LCCI DESIGNATION ARE NOW OPEN

CCI’s new designation, to recognize it’s members from any profession or trade who have and continue to contribute knowledge and expertise to CCI and the condominium industry.

Apply now!

LCCI Designation The LCCI designation is open to any CCI member who provides goods and/or services, through annual employment time and volunteer time, to or within the condominium/strata/co-propiete industry. The designation is open to any particular profession or trade.

LCCI Application Process Step 1 – Apply: Gather the information for the registration form (eligibility criteria): A. An individual or professional member of CCI in good standing; B. Minimum of three (3) years as an individual or professional member of CCI immediately prior to the date of application; C. Minimum of three (3) years’ service to the condominium industry immediately prior to the date of application. This criterion will be satisfied where an individual shows that they have provided goods and/or services, through annual employment time and volunteer time to or within the condominium industry; D. Provide at least two (2) letters of reference/endorsement from a CCI member having at least five (5) years of membership in CCI; and E. Provide an executed declaration that the candidate will comply with the CCI Code of Ethics.

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G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

The Benefits of Winter Pruning & Tree Removal

FEATURE

The Benefits of Winter Pruning & Tree Removal TJ Umb Maple Hill Tree Services

W

hen it comes to getting work done, most people think that spring or summer is the optimal time for tree management. It’s often the opposite. Here are the benefits of winter tree pruning and tree removal.

As temperatures drop and most people begin to think about indoor projects, many arborists continue to work pruning and removing trees. It’s a common misconception that tree maintenance is not done during the winter months, or that tree care companies don’t operate during this time of the year.

The reality is that winter is a good time for pruning and tree removal services. During winter, trees and shrubs enter a state called dormancy. Leaves fall off deciduous plants and trees take a “rest” until warmer spring temperatures prod them into putting on a new flush of growth. There are many benefits to winter tree work.

Less stressful for trees Trees go dormant during the winter months, making it the perfect time to prune. During the winter trees store energy reserves in their roots. When trees begin to grow in the spring continued…

Condo News – WI NTER 2022

45

The winters here can get very windy and snowy, and winter storms and heavy snow can cause damage. Damaged, dead, or dying trees can become even more hazardous in winter, particularly when we get significant amounts of ice or snow. Heavy snow or ice on a weak branch can cause it to come crashing down on whatever is below it. Removing dead or damaged branches keeps you and your property safe and can also rejuvenate the tree by removing dead and diseased wood, making the entire tree healthier and safer.

Easier to assess tree structure In the winter months it can be beneficial for an arborist to assess your trees to look for anything that may not be completely visible under the summer foliage. This can include dead, dying, and diseased branches, weak or vulnerable branch unions, cracks and splits, or other structural defects that may be blocked by foliage. Corrections including structural pruning, cabling and bracing can effectively be done in the winter months.

Less dramatic changes Winter pruning helps shape your trees to grow in the manner best for your property, whether that be to avoid interfering with structures or walkways or to promote or constrain growth. Late winter is a great time to prune, contain or rejuvenate overgrown this energy is used to seal wounds more quickly and support vigorous spring growth that will obscure the pruning cuts. Trees that tend to bleed a lot of sap – like maples, birch, and aspen – won’t bleed when pruned in winter. Plus, research shows that pruning before buds break in spring leads to “optimum wound closure”, letting trees seal from pruning cuts before warmer weather brings out destructive insects and pathogens.

Prevent the spread of pests and diseases It is not only trees that go dormant in the winter. During winter, bacteria, fungi, parasites, and insects that cause and/or spread disease are either dead or dormant, so diseases are less likely to be transmitted by pruning. Examples such as Dutch elm disease, oak wilt, cedar hawthorn rust and fire blight that are active and spread easily during the spring and summer growing seasons become less of a concern if pruning during the winter.

Less damage to property, enhanced safety In Ontario, the ground freezes in the winter, which means that when heavy equipment is required for tasks such as a tree removal, there is less of an impact on your landscape. Your lawn and other plants are also dormant, so crews can work in these areas without the concern of damaging turf, gardens, or the root zones of neighbouring trees.

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shrubs and trees as they’ll be able to recover quickly in spring with new growth. Pruning in the winter when the tree is dormant also has less of an impact on the visual appearance of your property. Many changes are less noticeable come springtime.

Fewer disruptions of a tree’s natural functions During the colder months, trees store most of their carbohydrates and nutrients in the roots. Winter trimming has far less impact on the tree’s energy supply.

What about spring and summer pruning?

While winter is a great time to prune, that doesn’t mean that pruning during spring and summer isn’t good for your trees. It simply offers different benefits and is done for different reasons, such as: • Pruning in the winter for spring-flowering plants and trees will remove flower buds, so if you’d like to see blooms on your shrubs or trees, delay pruning until after they have bloomed.

• Taking care of deadwood that isn’t easy to identify in winter (on some tree species it’s hard to tell whether a branch is continued…

Maple Hill Tree Service

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47

dead when the tree is dormant) • Removing damaged or diseased branches • Improving the overall look of the tree once it’s leafed out • Opening the tree to increase air circulation or allow more sunlight into the interior • Raising the canopy to improve your view • Pruning shrubs and trees that have grown too large or are getting in the way • Many of these pruning activities are done during the growing season because the issues often are not obvious until the trees have leafed out.

Speak to an arborist about a pruning plan based on the current needs of your property. Over the long term, proper pruning can create a safer property and help promote the health of your trees.

TJ Umb – ISA Certified Arborist Tree Management Program Coordinator Maple Hill Tree Services

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G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

Do you have an article for the Condo News?

• • • • • •

Send a high-resolution headshot and a brief bio of three or four lines.

Include your credentials next to your name.

Confirm article subject approval before writing.

No word limit.

Email article in Word format.

Write for an audience that includes condominium owners and directors. Avoid technical language.

• If using pictures or graphs within the article, limit to three or fewer.

• No self-promoting content within article.

• Editors will approach authors about any major edits, but may insert minor changes (e.g. grammar, spelling, etc.) without notice.

• Cite any content taken from another source.

• Email to admin@cci-ghc.ca CCI - Golden Horseshoe Chapter Box 37 Burlington, ON Canada L7R 3X8 Tel: 905-631-0124 or 1-844-631-0124 • Fax 416-491-1670

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Advertisers Index ADVERTISERS INDEX

T hank you

J&W Condominium Management Ltd

to our Advertiser’s!

Without you, this publication would not be possible!

A DVE R T I S E

Atrens-Counsel Insurance Brokers . . . . . . . . . . .2 Brown & Beattie . . . . . . . . . . . . . . . . . . . . . . .43

In the new Condo News Digital Edition!

Chown Property Management Inc. . . . . . . . . . .27 Cion|Coulter . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Condominium Financial Inc. . . . . . . . . . . . . . . .25 J&W Condominium Management Ltd . . . . . . . .50 Key Property Management . . . . . . . . . . . . . . . .20 Larlyn Property Management Ltd. . . . . . . . . . .39 Maple Hill Tree Service . . . . . . . . . . . . . . . . . . .47 Millards Chartered Professional Accountants . .27 MRCM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Normac . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Precision Management Services . . . . . . . . . . . .25 SimpsonWigle LAW LLP . . . . . . . . . . . . . . . . . . .4 Third Watch Protection Services . . . . . . . . . . . .20 Watermatrix . . . . . . . . . . . . . . . . . . . . . . . . . .22 Wilson Blanchard Management . . . . . . . . . . . .48

Elia Associates . . . . . . . . . . . . . . . . . . . . .Website

If you service the Condominium Industry and are not listed in this issue - YOU ARE MISSING OUT!

Advertise now at admin@cci-ghc.ca

50

G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

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Golden Horseshoe Chapter

GOLDEN HORSESHOE CHAPTER OF THE CANADIAN CONDOMINIUM INSTITUTE Box 37, Burlington, Ontario L7R 3X8 Tel: 905-631-0124 / Toll Free 1-844-631-0124 Fax: 416-491-1670 • Email: admin@cci-ghc.ca