CondoVoice - Winter 2005 by LS Graphics

www.ccitoronto.org

VOL. 10, NO. 2 • WINTER 2005

P U B L I C AT I O N O F T H E C A N A D I A N C O N D O M I N I U M I N S T I T U T E - T O R O N T O & A R E A C H A P T E R P U B L I C AT I O N D E L’ I N S T I T U T C A N A D I E N D E S C O N D O M I N I U M S - C H A P I T R E D E T O R O N T O E T R É G I O N

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Community Issues ■

Want to Build a Better Community? – Take a Look at the Condominium Rules

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Cultural and Social Diversities Enrich Condominium Living

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Energy Costs: It’s Payback Time

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More Confusion Regarding Pets

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Adopt-A-Pot

… and more

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Canadian Condominium Institute / Institut canadien des condominiums Toronto & Area Chapter 2175 Sheppard Ave. E., Suite 310 Toronto, Ontario M2J 1W8 Tel.: (416) 491-6216 Fax: (416) 491-1670 E-mail: cci.toronto@taylorenterprises.com Website: www.ccitoronto.org

Contents Features

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PRESIDENT

Energy Costs: It’s Payback Time!

Cultural and Social Diversities Enrich Condominium Living

Adopt-A-Pot

More Confusion Regarding Pets

MondoCondo - The Party

Defibrillators Save Lives

VICE-PRESIDENTS John Warren, C.A. (Chair, Membership Committee) Adams, Masin & Tilley LLP Denise Lash, B.Sc., LL.B., ACCI, FCCI (Co-Chair, Public Relations Committee) Miller Thomson LLP SECRETARY/TREASURER Bob Girard, B.Comm (RCM) (Chair: Special Projects Committee) Simerra Property Management Inc.

PAST PRESIDENT J. Robert Gardiner, B.A., LL.B., ACCI, FCCI (Member: Conference Committee) Gardiner Miller Arnold LLP

BOARD MEMBERS Gina Cody, P.Eng., M.Eng., Ph.D., ACCI, FCCI (Co-Chair, Public Relations Commitee Chair, Education Committee) Construction Control Inc. Henry Cohen (Member: Special Projects Committee) YCC #0074 Armand Conant, B.Eng., LL.B., D.E.S.S. (Chair, Legislative Committee) Jones Rogers LLP Lisa Kay (Member: Special Projects Committee) Maxium Condo Finance Group Tom Park, P.Eng., ACCI (Member: Public Relations Committee) Golder Associates Ltd. Vic Persaud, BA (Member: Special Projects Committee) Suncorp Valuations Ltd. Bill Thompson, RCM, ACCI (Member: Membership Committee) Malvern Condominium Property Management

EX OFFICIO BOARD MEMBER Jasmine Martirossian, B.A., M.A., PhD.

ADMINISTRATOR Lynn Morrovat

Want to Build a Better Community? Take a Look at the Condominium Rules! by Michael D. Pascu To create a better condominium community, encourage residents to have a stake in the making and upholding of the rules.

2004/2005 Board of Directors Janice Pynn, RCM, ACCI, FCCI Simerra Property Management Inc.

Highlights of the 9th Annual Condominium Conference

by Chris Tyrrell To answer your questions about reducing energy consumption, your best bet is to contact a consultant or supplier that specializes in energy efficiency.

by Aimin Li, Ph.D. Diversity in a condo community can be an asset, not a liability, when an open mind is used to deal with problems.

by Robert Girard, B.Comm, R.C.M. The residents of this condo community cooperated with management in a beautification project involving planting individual pots with a variety of flowers throughout the property.

by Greg Marley The author argues that this particular case fails to follow the long line of established precedents and failed to follow the Court of Appeal which is binding on the lower courts.

by Denish Lash Read the scoop on the MondoCondo Party where the new TV show was introduced.

by Bruno Wojnowski, B.A. If defibrillators save lives, and the cost is manageable, why wouldn't you have them available in your condominium?

Departments 5 31 32 33 34 33 38

President’s Message President’s Club Synopsis New Members CCI-National AGM Report Condominium Courses Book Review Resource Corner Winter 2006

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KEEP THE AIR IN YOUR CONDO HEALTHY PREVENTION OF:

• Odours migrating from suite-to-suite • Odours in hallways • Virus, bacteria, mould and pollen growth • Fires and Floods

ONTARIO

WE PROVIDE:

• Corridor Air Shaft Cleaning and Balancing • Garbage Chute and Compactor Cleaning • Fan Coil Maintenance and Mould Remediation • In-suite Portable HEPA Filters: 99.97% efficiency • Interior Dryer and Duct Cleaning • Bathroom and Kitchen Exhaust Vent Cleaning Please contact Les Woods at: Certified Clean Air Services

905-602-1555 4

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President’s Message

Janice Pynn, RCM, ACCI, FCCI

ommunities – we all live in them. Some are large, some are small. Some function well and …well, some don’t exactly function well. We called upon several CCI members to provide articles for this issue to demonstrate how they have helped to make their communities a better place to live, and we have some really interesting and inspiring stories to share with you. Condominium communities are unique in that they are typically physically closely built communities with a structured set of rules and other documents — all designed to ensure that residents get along. The question is…. do they work? Ask any lawyer or mediator and the answer is quite clear. Lawyers, Michael Pascu and Greg Marley have provided interesting articles examining the Condominium documents and their role in building better communities. Communities were also the focus at the recent Annual CCI/ACMO Condominium Conference held on November 4th and 5th at the International Doubletree Hotel. Condominium Directors, Managers and others were treated to an extravaganza of educational sessions on a variety of topics. See pages 6 for a complete Conference recap. As we head into the holiday season, I would like to wish all CCI Toronto members and their loved ones a happy and healthy festive season. Regardless of what holiday you may or may not celebrate this season – enjoy the season not only with your family but also with your community and neighbours!

Janice Pynn, RCM, ACCI, FCCI President, CCI Toronto & Area Chapter

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2005 CCI/ACMO Annual Conference

9th Annual Condominium Conference The 9th Annual Joint CCI/ACMO Condominium conference was held on November 4th and 5th at the Doubletree International Hotel on Dixon Road in Toronto. Each year the conference continues to grow and this year we had the best attendance ever – with 562 delegates, trades and speakers on hand. The trade show which ran over two days was also the biggest to date – with 71 exhibitors participating to showcase the latest in products and services available to the industry. There were 17 educational sessions presented throughout the conference on a variety of topics. Panelists were made up of some of the industry’s top experts in their respective fields. The opening plenary session - the Directors’ Super Session, moderated by Bob Gardiner, was one of the highlights of the conference. The grand finale to the conference was a luncheon followed by a panel of lawyers from across Canada lead by Armand Conant, who presented the latest in case law updates. Other session topics including: Smart Meters/Sub-Metering, Board Meeting- Best Practices, Creating Balance & A Positive Attitude in the Face of Change, the Battle of the Giants (technology session), Board Accord – Board/Manager Relations, ACMO 2000 – Quality Management Designed for You, Aging in Place, What Condos Spend Money On & Why, Ethics for Property Manager and Others, Risky Business, Communications – Websites and Newsletters, Negotiating Performance – How to Be A Better Supervisor, Mould In Condos, Purchasing and Selling Your Condo and Time Delegates attending one of the many educational sessions offered at this year’s conference.

CCI Toronto Vice President, John Warren and Karen Reynolds, Director of the CCI Golden Horseshoe Chapter – co-presenters at the “What Condos Spend Money on and Why” session.

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Delegates interact with condominium suppliers showcasing the latest in condo products and services during the two day trade show.

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2005 CCI/ACMO Annual Conference

Another well attended session in which delegates had the opportunity to learn from the experts. CCI Toronto Board Directors Denise Lash (left) and Gina Cody (right) – both speakers at this year’s conference.

And the Award Goes to… Stephen Karr, LL.B, ACCI, FCCI Many delegates had the opportunity to visit the CCI Booth while at the conference to pick up the latest literature and purchase CCI publications.

Management Tips and Tricks rounded out the agenda to provide a superb learning experience for all who attended. A special thanks go out to our conference partner, Rogers whose involvement this year contributed in large part to the overall success of the event. Our thanks are also extended to the numerous sponsors and speakers who together make it possible to put on this amazing annual event. Plans will begin in mid January for next year’s conference. Mark your calendars now for November 3rd and 4th at the Doubletree International Plaza hotel.

CCI Toronto Past President, Stephen Karr was recently awarded with the prestigious FCCI designation, making him a Fellow of the Institute. Stephen is a Partner with the law firm of Harris, Sheaffer in Toronto. He has been practising law in the condominium field since Stephen Karr (left) receiving FCCI Award 1987, acting on behalf from Gina Cody and Peter Leong. of condominium developers and as general counsel to condominium corporations. Stephen is a Past President of the Canadian Condominium Institute - Toronto Chapter having served as President from 1995 to 1997. He has lectured extensively for numerous programs organized by the Law Society of Upper Canada, the Canadian Bar Association, and the Canadian Condominium Institute and has written extensively on condominium related matters for the Canadian Condominium Institute, Condominium Manager and the Toronto Star.

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Want to build a better community? Take a look at the Condominium

Rules! BY MICHAEL D. PASCU SOLICITOR, FINE & DEO, BARRISTERS AND SOLICITORS

here are many ways in which board members and managers can foster a more harmonious condominium community. One of the most overlooked, yet most effective way, is to improve the rules that regulate the community. In order to build a better community, the residents must be encouraged to have a stake in upholding the norms, rules and values of the community in which they live. This can only be done by involving the residents in the rule-making process and by having rules that foster harmony not conflict, rules that emphasize justice and fairness not punishment, and finally, rules that facilitate community life rather than rules that unduly restrict the individual. We all know the old saying “good fences make good neighbours”. The equivalent saying in the

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condominium context should be “good rules make good neighbours”. This article briefly suggests some of the things that the boards and managers should consider when reviewing their corporation’s rules. The aim is to develop rules that are reasonable and meet the goals and needs of the community.

Do the rules meet the goals and needs of the community? Some board members and managers are so focused on enforcing their corporation's rules that they do not even consider whether the rules they are trying to enforce are reasonable or even desirable. Reviewing the corporation’s rules periodically, to determine if they still

meet the goals and needs of the community, is very important. But how do you determine if the rules meet the goals and needs of the community? Here are some suggestions: • Seek community feedback on current and proposed rules and encourage residents to suggest new rules that are needed by, or desirable for, the community. The residents can provide a surprising amount of good ideas, but only if they are encouraged to do so. • Listen to the community. If the residents object to certain restrictions contained in the rules when you try to enforce the rules against them, listen to their reasons as it may be that

the problem is not the breach of the rule but the restriction itself. • Review the rules periodically and amend, add or delete rules as needed to meet the changing needs of the community. Certain rules that were adequate or desirable fifteen years ago may no longer be so today. Do not keep every rule that has ever been passed by the board, just because it is there. Look at every rule with a critical eye and do not be reluctant to amend or delete it, if necessary. • Perform a legal audit of the rules. Legal counsel would be able to identify those rules that are ambiguous, unreasonable, unenforceable, or just plain illegal.

• Communicate the rules to the community. Residents tend to forget the rules so they need to be reminded of them from time to time. Ideally, the corporation should publicize the rules in the community newsletter on an annual basis, along with commentaries and explanations respecting the purpose of some of the rules, as needed. Residents are more likely to respect and comply with the rules when they are aware of them and agree with their purpose. As well, this presents another opportunity to obtain feedback from the community regarding the adequacy (or lack thereof) of the corporation’s rules. By continually involving the residents in the rule-making progress, you will

not only manage to keep abreast of what rules are needed or desirable in your community, but you will also encourage residents to have respect for, and a stake in upholding, the rules of the community in which they live.

How do you determine if a rule is reasonable? Common sense usually dictates what is reasonable. For example, if pets are damaging the common elements, is the solution banning all pets from the common elements? No, clearly this rule would be too restrictive and therefore unreasonable. A more reasonable rule would require residents to keep their pets on a leash and to supervise them whenever they are on the common elements.

As a general guideline, a reasonable rule must address a specific problem with a specific solution that is rational, fair and neither too broad nor too restrictive. That is easy to say but more difficult to put in practice. As a practical suggestion, consider the following questions when reviewing your corporation’s rules: ? Is the rule out of date? For example, a general rule prohibiting the parking of trucks and vans in the corporation’s parking spaces is no longer reasonable in this day and age when many residents use SUVs and pickup trucks as personal vehicles. Such a rule should be amended to differentiate between commercial vehicles and personal vehicles. ? Is the rule too intrusive? For

example, many rules prohibit residents from carrying on certain activities within their units. However, how do you enforce the rule without intrusive unit searches? You should consider if there are less intrusive ways to accomplish the same goal. ? Is the rule too restrictive? For example, a rule prohibiting children from playing on the common elements is unreasonable. However, a rule prohibiting children from playing on the common elements other than in the specially built playground area is probably not unreasonable. ? Does the rule unfairly target a particular group? For example,

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prohibiting children and teenagers from using the swimming pool is unreasonable, even if the goal of preventing injury or death is commendable. A more reasonable rule would prohibit children and teenagers from using the pool unless they are under adult supervision. ? Does the rule discriminate on the basis of family status, age or disability? For example, a rule prohibiting persons under eighteen years of age from living in the building may be desirable to a community that wishes to promote itself as an “adults-only building” but such restriction is illegal, as it is contrary to the Ontario Human Rights Code.

ty. Do the rules foster harmony, emphasize justice and fairness, and facilitate community life? Do the rules meet the needs of the community? Are the rules reasonable? The rules should be reviewed periodically, and if they do not meet the above criteria, they should be amended or deleted, and new rules should be passed. Involve the community in the rule-making process. That way, you will not only be able to keep abreast of what rules are needed or desirable in your community, you will also encourage residents to have a stake in the making, and the upholding of, the rules of the community in which they live. If you have accomplished that goal, you have created a better condominium community.

Conclusion If you want to promote a better condominium community, take a good look at the rules that regulate the communi-

Season’s Greeting’s The CCI-Toronto Board of Directors and staff with to extend warm holiday wishes to all CCI-Toronto Members, Business Partners, Associates and Friends. The strong continued support these groups have lent over the past year has enabled the Chapter to continue its mandate of providing a forum and voice for the condominium industry. Kindly note that the CCI-Toronto administration offices will be closed for the holidays from Monday December 276th through Friday December 30th. The office will re-open on Monday January 2nd, 2006.

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Energy Costs: IT’S PAYBACK TIME

BY CHRIS TYRRELL GENERAL MANAGER, TORONTO HYDRO ENERGY SERVICES

Saving on energy costs is much more than just installing new energy- efficient equipment and hoping for savings. A comprehensive energy efficiency assessment will pay off—maybe faster than you think.

s energy prices rise, condominium owners are looking for ways to reduce energy consumption and contain costs. So what should be done—replace an old boiler and hope for the best? Try to get residents to reduce their consumption voluntarily, hoping that they’ll know what their chief energy uses are? A better plan is to follow that old maxim “What gets measured gets done.” Where is energy being consumed in the building? Why? What can be done about it? How much will that cost? How disruptive will the work be? Is it worth it? Those are the questions any savvy condo board will want answered. You’ll get those answers from a consultant or supplier that specializes in energy efficiency. These companies are not just lighting or HVAC contractors, they’re engineering specialists trained to analyze building systems, perform cost/benefit analyses, organize work for minimal disruption and—more importantly—stick around to ensure that energy savings are realized, tweaking the retrofit for maximum results. The best energy efficiency firms guarantee the resulting savings. At Toronto Hydro Energy Services, we’ve found that most condominium buildings, even relatively new ones, can save 15-25% in annual energy consumption. We’re so confident of the potential savings that we guarantee our clients will receive 85% of the projected savings within the year. If there is any shortfall, we make up the difference ourselves (see How do you minimize risk? below). continued over…

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How much energy is being used? To find out what their potential savings might be, condo owners first have to know exactly what their current energy consumption is. A detailed analysis will involve studying monthly (hourby-hour) consumption of electricity, oil, gas, and water and comparing this consumption to that of similar buildings. This helps to determine whether that consumption can be reduced—without reducing the residents’ comfort level. Most reputable energy efficiency companies will offer a free walkthrough energy audit. This audit should give the condo board enough information about the possibility for savings to decide whether to undertake an energy retrofit program.

What can be done? Once the board has hired an energy efficiency company, that company will undertake a comprehensive analysis of the building’s current energy use. Its findings should be clearly understandable, showing the condo board exactly what to expect, when, why, and how much it will cost. Toronto Hydro Energy Services has a database of energy performance data for over 300 condominiums in the Toronto area. Using this database, we can compare the energy performance of our clients’ facilities against similar facilities in the GTA. With this information and a detailed analysis of all contributing factors, we can show condo owners: • Where their energy costs are coming from • Suggest opportunities for energy savings by upgrading the building’s energy efficiency • Find and apply for any potential grants or other incentives • Calculate the costs and savings • Suggest methods of financing • Show the return on investment Our recommendations will take into account how the existing equipment is 12

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being operated, whether it needs to be replaced or reconfigured, and whether the work should be done all at once or staged over years.

How do you minimize inconvenience to residents? Residents will welcome lower energy costs, but won’t want their heating, cooling or hot water supply interrupted. Nor do they want to live in a construction zone for very long. Minimal disruption to living conditions and a nearly invisible construction crew are important measures of a retrofit’s success. Fortunately, an experienced energy efficiency company can plan the upgrade for minimal disruption of services. At Toronto Hydro Energy Services, we carefully plan every project so that there is as little down time as possible for essential building services. For example, we may bring in a generator to power lights while we do a lighting retrofit, or if a building has four boilers, we will shut down one at a time during a heating retrofit to maintain heat. When disruption of service is unavoidable, residents should receive notice well in advance of how and

when the disruption will affect them. Project launch meetings should be held to bring together residents, board members and sub-contractors to go over the project schedule, any disruptions to services and safety considerations. As the project proceeds, regular progress updates are communicated. The objective is to make sure everyone knows what to expect so that there are no surprises along the way.

How do you minimize risk? Undertaking an energy efficiency project is not without risk. There are the risks associated with any construction project––liability, safety, and compliance with industry building standards. Never proceed without a solid, mutually acceptable and balanced contract. Such contracts offer protection for both parties. For the condo board, the main risk is that the proposed energy savings don’t materialize. Performance guarantees are a way of limiting this risk. For some improvements, such as energyefficient lighting systems, the proven performance of the equipment is its own guarantee. But for other measures, a savings guarantee gives added assurance.

How do you find the right energy services supplier?

When choosing an energy services supplier, look for a reputable firm with considerable expertise and experience, that’s in business for the long term. A comprehensive assessment takes many different skills and engineering experience –– mechanical, civil and electrical, to name a few. That all has to be combined with good communications and business skills. You should be able to understand every word of the reports you receive, and the recommendations should be in line with the condo board’s business objectives. You also want objective advice. Suppliers representing equipment manufacturers may simply recommend their manufacturers’ latest models. Any licenced HVAC contractor can install new equipment; it takes engineering analysis to know which equipment is right for the building and will produce the required savings without lessening residents’ comfort. The client’s comfort level with the supplier is very important. Choose a company that is experienced in working with condominium boards and sensitive to residents’ needs. Always ask for—and check—references.

Some energy service providers will guarantee the projected energy savings, but charge an insurance premium for that guarantee. If the projected savings don’t materialize, the service provider’s insurer makes up the difference. At Toronto Hydro Energy Services, we guarantee 85% of the projected savings at no charge; if the savings don’t materialize, we make up the difference ourselves, saving the client the cost of the insurance premium. For clients who require greater reassurance, we can guarantee 100% of the savings with an insurance premium.

When will we see results? Some upgrades, such as energy-efficient lighting retrofits, provide immediate results. Others must be monitored and tweaked over a period of time to produce maximum results. Where necessary, Toronto Hydro Energy Services monitors all new installations for a year to ensure that the equipment is performing as promised. And as the results roll in, it’s a good idea to share them with the residents: they’ll be glad to hear that their board is doing such a good job on their behalf. Toronto Hydro Energy Services provides energy efficiency engineering and project services to help commercial, multi-residen-

tial and industrial customers lower their energy consumption and control utility costs. As a subsidiary of Toronto Hydro Corporation, Toronto Hydro Energy Services shares the Corporation’s mandate to help customers achieve energy efficiencies. Toronto Hydro Energy Services has

clients in both the private and public sectors throughout Ontario, having successfully delivered sustainable energy savings to leading businesses, property management firms, multi-residential buildings, industry, hospitals, and governments.

CASE STUDY: The Lexington Condominiums This 24-year-old, 321-unit building in downtown Toronto was spending nearly 50% of its operating budget on utility costs. An energy-efficient retrofit conducted by Toronto Hydro Energy Services in early 2005 is on track to achieve 27% savings in annual utility costs. Senior Property Manager Elizabeth Beaudin was “extremely pleased with the project and the results. The residents hardly knew Toronto Hydro Energy Services was there. And they did what they said they would––we have the energy savings to show for it.” From extensive experience working with condominium property managers and their Boards of Directors, Toronto Hydro Energy Services understood the Board’s concerns and presented an engineering proposal that clearly outlined the options. “Toronto Hydro Energy Services projected the long-term energy savings, which demonstrated to our Board of Directors how the project would pay for itself,” said Elizabeth. The $289,690 project proceeded with little disruption to the residents. Toronto Hydro Energy Services provided complete turnkey project services, obtaining all incentive grants or discounts for which the building was eligible, providing all engineering design and drawings, overseeing implementation, and reporting energy savings quarterly. All work was completed Monday to Friday during regular business hours.

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Cultural and Social Diversities Enrich Condominium Living

BY AIMIN LI, PH.D., PRESIDENT, BOARD OF DIRECTORS YORK CONDOMINIUM CORPORATION NO. 42

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stablished in the early 1970’s, an entire generation of young people have grown up at YCC#42, a condominium located in the west end of Toronto. Over the last three decades their families have witnessed a social and cultural evolution in this community.

New Immigrants and Their Cultural Diversities Lead to Demographic Changes One of the most visible demographic changes was the arrival of many new immigrants from Africa, the Middle

residents. This can often affect the way residents live their daily lives. Over the years I have observed that when communicating with newcomers, or longtime residents, respecting individual religious beliefs and cultural heritage is the basis by which you earn their respect and cooperation. Irresponsible comments on religious practice or cultural heritage can often lead to misunderstanding or racial disrespect. This is particularly true if the commentator is a member of the Board. As new immigrants and residents arrive, the demographics in our condo, and in a local public school, is slowly changing. Helping these new Canadians to adapt to their new way of life

item. Yet it appears to be a challenge for many low-income residents in YCC#42. A couple of years ago, I was talking to one of the residents in our community about obtaining some surplus computers from either local government, or the private sector, to set up a children’s PC education center at YCC#42. I brought this idea up in one of the Board meetings and all members supported it. A few months later, I got a call from CGI company, a local IT firm located in Etobicoke who offered the donation of ten computers, Thanks to the generosity of this company, the Education Centre was born with the help of residents and CGI staff. Initially, we only planned to

Over the years I have observed that when communicating with newcomers, or longtime residents, respecting individual religious beliefs and cultural heritage is the basis by which you earn their respect and cooperation. East, and Asia in the 80s and 90s. Each having their own diverse cultural and religious backgrounds. This phenomenon is probably true of many condo communities in large Canadian cities such as Toronto, Vancouver and Montreal. YCC#42 is no exception and in fact, we have been challenged by many social and economic issues in managing our community. One of these is the language barrier. More than two dozen different languages are spoken in our complex, and, in order to address this issue, the Board has hired staff with different cultural and religious backgrounds. The benefit of this practice was quite evident when we tried to resolve conflicts among residents. In case of an emergency, it becomes vital to be able to communicate with residents. Another major challenge is to understand the religious backgrounds of our

has become a large practice in our condo community. I believe that condominium management is no longer there just to maintain common elements for residents, but also to build harmony in a multicultural society.

Social Economic Gaps Lead to New Challenge in Youth Education To most new Canadian families with school age children, purchasing a personal computer is considered a luxury

focus on younger children and teach them some of the basics. As many parents accompanied their children to the classes, they realized that they could also learn something they did not know before coming to Canada. Gradually we expanded our volunteer services to include adults and senior residents. I am sure that many other condo communities in Canada face similar social challenges. My own experience has made me realize that a condo community is the perfect place to rally support from residents to deal with some of the social and educational issues for “have not” families. continued … Winter 2006

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Also: - pool/whirlpool maintenance, supplies and renovations - exercise equipment servicing and sales - sauna servicing and renovations - program instructors For more information, contact: Paula Swart, BPhed Honours Bachelor of Physical Education

President Impact Recreation Management, Inc. (416) 735-4457 • Fax (905) 839-0938 13 years experience in the recreation management industry.

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Lifestyle Choice Creates New Challenges for Community Safety and Harmony “To have a pet, or not” is really a personal choice for condo dwellers. But it can also become a point of conflict in highrise buildings. Condo corporations have bylaws and regulations to guide residents on pet activity. Over the years we have encountered a number of problems regarding dogs. Many of our residents have been here for more than three decades and have always considered a dog part of their family. Some have lost a loved one and their pet becomes their sole companion. Dog walking, a daily occurance, can become a point of contention among residents with varied backgrounds. Some believe that close contact with a dog can bring them bad luck. To respond to this particular challenge, the Board of Directors made a decision to designate a fenced area in the com-

plex for dog owners use. Management also installed signs to remind dog owners to leash their animals, and to not use the front courtyard or other common areas, in order to avoid conflicts. This decision was not without opposition. Many residents complained about the cost of setting up the

Jonathan Fine Stephen Goodbaum Michael Pascu Maria Dimakas

wire fence for a selective group. On the other hand, the dog owners in our complex collectively put in many volunteer hours to convert the dog run area into a beautiful garden. Looking back on this issue, I feel the Board made a good decision, and that YCC#42 may be the only condo in the area with a designated “dog run garden”! In summary, there are many issues we have in common with other condo communities. My experiences have taught me to look at condo problems with an open mind and with a multicultural concept. Diversity in our community is an asset not a liability. A social and cultural mosaic is the foundation upon which our society will evolve.

Mario Deo Joseph Ryan Marco Gruziani

www.finedeo.com • (905) 760-1800 • 1-888-FINEDEO Continued… Winter 2006

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ADOPT-A-POT ROBERT GIRARD, B. COMM, R.C.M. TREASURER/SECRETARY, CCI TORONTO CHAIR, SPECIAL PROJECTS

s the condominium population is growing rapidly and the variety of homeowners expands, there is a need for initiatives to rise and meet the expectations of the community lifestyle within a condominium atmosphere. One of the projects which was initiated several years ago in our condominium was â&#x20AC;&#x153;Adopt-a-Potâ&#x20AC;?. There were comments made which fell on open ears and pointed to a need for people to get involved in the gardening of our very large property. Although there is a landscape contract which covers the care, grooming and maintenance of all the lawns, ground plants and bushes of the property throughout the year, we had a few planter pots around the frequented areas which the Management Company and our superintendents planted and maintained during the summer months. With a defined interest of many homeowners to become involved in the planting of flowers for the summer months, we found a perfect opportunity to involve homeowners in the beautification process.

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People who become involved in the organization and the participation of such projects reap many benefits of satisfaction, accomplishment and social interaction. Planting the pots Each registrant goes to the nursery and chooses the plants of his/her choice, up to an amount of $25.00, which is reimbursed to the homeowner by the Corporation. The superintendents place

Organizing the Project Welcome “Adopt-a-Pot”. The process was simple: arrange and make available a certain number of pots located in different areas of the property. Some of these spots include poolside, benchside, park, gazebo, back lawns, etc. Fortunately, we have a very active Social Committee who agreed to organize this project and the Chair began the process of registration, rules and maintenance of these planted pots.

Becoming a Participant There are 26 pots available for planting. They are designated by a “first come, first served” rule so that an interested homeowner could call to request a certain pot and location. Should that pot be already reserved, other areas which have not been taken are made available. Once all the pots are reserved, extra names go on a waiting list should a registered person be unable to fulfill their commitment.

the pots, fill them with new earth and prepare them for planting. The homeowners arrive and plant their pot themselves with their purchased flowers. Many participants get together on a certain day and make it a social event with plants, refreshments, and lots of laughter and praise. The superintendents water the pots regularly and care for them, but the proud planter of that pot is usually the person to weed, deadhead and lovingly talk to that plant.

Success Story

years. We often see homeowners and their visitors taking a walking tour around the property to view all the pots and the individual style of each. This project has pleased many, in that it shows several advantages: community participation, support of others, fellowship and camaraderie, fulfilling the desires of those who love to garden, those who have left homes to join the condominium lifestyle and those who are nature lovers. People who become involved in the organization and the participation of such projects reap many benefits of satisfaction, accomplishment and social interaction. The comments of homeowners can blossom into positive outcomes if we stop and listen to those who have chosen a condominium and are willing to participate in activities which make it a true home and neighbourhood.

The project was a huge success from the very beginning and has grown in both size and popularity in the past 5

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More Confusion Regarding Pets GREG MARLEY, PARTNER DEACON, SPEARS, FEDSON & MONTIZAMBERT

s we all know, each condominium building is a community of owners and residents who have agreed, by deciding to live on the property, to obey a number of terms and conditions designed to minimize the impact each owner or resident has or can have on their neighbours. These terms and conditions are found in the Condominium Act, 1998, (the “Act”), the corporation’s Declaration, By-laws and Rules. It is recognized that the Act supersedes the authority of the Declaration, which is above the By-laws and then we finally have the Rules which must be consistent with all of the above. The Court of Appeal has held that the Rules of a condominium corporation must be reasonable but has not applied this same reasonableness requirement to a Declaration. This means that a Court is free to determine that a rule is not reasonable in the circumstances and it can decide not to allow the corporation to enforce an unreasonable rule. However, a restriction found within a Declaration should not be held to this same ‘reasonableness’ requirement and it should be enforced by a Court (subject of course to the Act and other applicable laws such as the Human Rights Code).

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David F. Alexandor, Q.C. LAWYER

MEDIATOR

ARBITRATOR

Conflict Resolution Consultant _____________________________ •Advice on disputes involving owners, developers, property managers and shared facility condos •Independent investigations and evaluations •Extensive condominium and business experience •Experienced lecturer, trainer, coach, facilitator

_____________________________ Roster Mediator - Toronto Ontario Mandatory Mediation Program ADR Institute of Ontario Ontario Bar Association, ADR Section Member: ACMO and CCI Toronto Ontario Society for Training and Development

______________________________ 90 Eglinton Avenue East, Ste. 420 Toronto, Ontario, M4P 2Y3 P: (416) 483-8600 F: (416) 483-2737 davealex@ interlog.com david@alexandor.com

PROVIDING EXCEPTIONAL SERVICE TO THE CONDOMINIUM INDUSTRY FOR OVER 25 YEARS SPECIALIZING IN COMPLETE PROPERTY MANAGEMENT SERVICES: Residential High-rise & Townhouse Condominiums Industrial & Commercial Condominiums Hands-On Management Individually Designed and Tailored To Meet And Exceed Your Communities Needs For more information, please contact: Gary Atkin, RCM, ACCI or Matthew Atkin, RCM, CMOC, ARM, CPM G.S. Atkin Property Management Specialist Inc. One Shady Lawn Court Mississauga, Ontario L5N 1H2 24-Hour Emergency Line (905)-567-6820 Direct Line: (416)-258-6011 Fax: (905)-567-6930 Website: www.gsa-pm.com Email: info@gsa-pm.com

Barristers and Solicitors

CONDOMINIUM SECTION Jones, Rogers LLP is a full service business law firm with a specialty in condominium law representing many condominium corporations in Toronto and the GTA. We work closely with our clients to find practical, cost effective solutions to problems. Armand G. R. Conant Mary G. Griffith Jeffrey M. Warren Tiffany Little (Litigation) Suite 1600, 155 University Avenue Toronto, ON M5H 3B6 Tel: (416) 361-0626 Fax: (416) 361-6303 Email: conant@jonesrogers.ca www.jonesrogers.com

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Owners and residents will be held accountable, usually, should they break any of the conditions or restrictions noted in the condominium documents. Courts have been fairly consistent in allowing a corporation to require each owner to comply with the agreed upon conditions for living in a condominium. The Courts have stated that, generally, enforcement should be

are joining. If they are not prepared to do this, then they are free to choose to join another community. One of the greatest sources of dissent can usually be found in restrictions on pets. New tenants may move into a property on the assumption that, as the Tenant Protection Act states that pet prohibitions are not enforceable, they are safe to bring their pets with

from relying upon the Declaration or the Rules of a condominium corporation to enforce the restriction. New owners usually receive legal advice regarding any restrictions and are, in the writers experience, more prone to comply. A recent case, 215 Glenridge Ave. Ltd. Partnership v Heather Waddington 2005 WL 351898 (Ont. S.C.J.) has

The desired hope of this principle is that owners will only move into a community where they are prepared to live by the rules of the community they are joining. expected and that exceptions will be rare. The desired hope of this principle is that owners will only move into a community where they are prepared to live by the rules of the community they

them, regardless of any restrictions in the corporations documents. The distinction that causes problems is that this provision will void a no pet restriction in a lease but will not hamper an owner

added some confusion to this issue. This article will attempt to outline why, in the writer’s opinion, this case is improperly decided and should not be relied upon by a corporation when

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deciding to enforce a pet restriction clause in their documents. Ms. Waddington is a tenant of a unit owner in the condominium complex. The lease between her and the unit owner (but not the condominium corporation) has a “no pet” provision and both the condominium declaration and the rules of her building contain similar pet restrictions. Ms. Waddington ignored these restrictions

“no pets” prohibitions found in the condominium declaration and the rules and did not attempt to rely upon the same restriction in the lease. The Judge did not consider whether the Tenant Protection Act would assist this resident as the issue was not raised before him. As an aside, the writer is of the opinion that the Tenant Protection Act should not be found to be a defence to such an enforcement matter. If this

(except of course for the case under discussion). After hearing the evidence on this matter, the Judge found that the Act does not allow a rule for a blanket prohibition against pets. He noted that section 58(1) of the Act requires rules to be designed to deal with the safety, security or welfare of the unit owners or with unreasonable interference of the use and enjoyment of the common ele-

In his opinion, a broad blanket prohibition goes beyond the scope granted to a board and is not designed to address any of the criteria which should guide rules implemented by a Board. and brought two cats into her unit. When it became aware of this breach, the unit owner brought an application for an Order to have Ms. Waddington remove her two cats from the property. The Application relied upon the

were to be allowed, tenants would enjoy greater abilities (namely the ability to have a pet) than unit owners themselves. Case law has clearly stated that this would not be fair or correct and this has to date not been challenged

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Anthony D. Scane ascane@millerthomson.ca (Construction)

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Tina Flinders tflinder@millerthomson.ca (Law Clerk)

ments, the units or the assets of the corporation. The Judge was of the opinion that only rules which allow a corporation to deal with nuisance pets or unreasonable interference of other owners should be permitted. In his opinion, a broad blanket prohibition goes beyond the scope granted to a board and is not designed to address any of the criteria which should guide rules implemented by a Board. Although, with great respect, the writer does dispute this suggestion in that case law has generally found pet restrictions to be reasonable, the real difficulty with this decision lies in what was decided next. The Judge applied the same criteria that limits the discretion of a Board when dealing with the rules to the declaration of a corporation. He noted that any part of a declaration that conflicts with the criteria found in section 58(1) of the Act is void. In effect, he has stated that any part of a declaration that does not deal with the safety, security or welfare of the owners or the property or the unreasonable interference with the use and enjoyment of the common elements or the units is void. His Honour has now stated that a declaration must comply with the same criteria that regulate rules, even though a declaration supersedes the rules. The Judge has, in the writer’s respectful opinion, improperly applied the restrictions regarding the rules of a

corporation to the declaration. As noted above, the declaration ranks above the rules when considered by a Court and it is not held to the same criteria or restrictions. His Honour appears to have lost sight of the hierarchy between the Declaration and the rules. The Court of Appeal has previously refused to impart a reasonableness requirement onto a declaration, yet His Honour has imputed restrictions onto a declaration that go far beyond this scope. In the writer’s respectful opinion, it was improper to do so and this case should not relied upon by a corporation when deciding to enforce a pet restriction found within a declaration. This case fails to follow the long line of established precedents and has, in the writer’s opinion, failed to follow the Court of Appeal which is binding on the lower Courts. As always, it is prudent to seek legal advice, whether as a tenant, a potential purchaser of a condominium unit or a board deciding to enforce a restriction in the rules or the declaration. The prospect of litigation does little to foster a sense of community and yet the ability of condominium corporation to successfully enforce the Declaration and Rules of the condominium will ensure that all owners know that they and their neighbours will be held to their promise to abide by same. This equality of treatment will help to maintain the community that all owners have agreed to participate in.

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BY GINA CODY Condominium owners and professionals were treated to a glimpse of the future at the first annual MondoCondo party at the York Event Theatre in Toronto on Wednesday, November 23, 2005. The inaugural event drew together over 600 people from all walks of condominium life to network, mingle, enjoy delicious food and drinks and view a ten minute teaser of the new MondoCondo TV show currently in development. Deputy Mayor of Toronto Michael Feldman and Jim Ritchie, President of Tridel, welcomed guests to the event and shared their positive outlook on the future of Toronto’s burgeoning condominium market — coincidentally, on the same day that the National Post reported that condominium sales in Toronto would set a new record in 2005 and declared Toronto to be “the city of condos”. Throughout the evening, guests were treated to entertainment provided by the Rio Samba dancers, interactive dancers and percussion player from Beyond the Beat. ARIDO — the Association of Registered Interior Designers of Ontario — and Totum Life Sciences, a highly regarded personal training and fitness company based in Toronto, both had displays set up in the gallery to enable guests to experience their condo related services first hand. Guests were entered into a free draw for a number of prizes, ranging from Microsoft’s hot new X-Box 360 released only a day earlier, to an autographed Doug Gilmour jersey, generously donated by the former Maple Leafs’ captain. Gilmour is now a managing director of Monster Mortgage, a company that specializes in arranging residential mortgages and one of the evening’s sponsors. 26

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Denise Lash, the host of the planned MondoCondo TV show and a member of the condominium law practice group at Miller Thomson LLP in Toronto, outlined the nature of the MondoCondo concept. According to Lash, MondoCondo seeks to bridge the gaps in understanding and information that exist between all participants in the condo industry, with an eye to becoming the definitive resource for all things condominium. The TV show will complement a publication and website, www.mondocondo.com, all geared towards promoting the condominium lifestyle and educating condominium professionals, owners and purchasers. Jim Ritchie of Tridel threw his support behind the MondoCondo concept, noting that both condominium suppliers like Tridel and condominium owners and purchasers would benefit from having access to a resource like MondoCondo. Lash said the response to this year’s MondoCondo event by both sponsors and guests was very positive and the feedback organizers have received will be used to expand and improve next year’s event. If the buzz at this festivities is any indication, the future looks bright for MondoCondo.

DEFIBRILLATORS

Save Lives

BRUNO WOJNOWSKI, B.A. SENIOR PROPERTY MANAGER HARBOURSIDE

n a recent NHL hockey game Jiri Fischer, a 25year-old hockey player collapsed and went into convulsions. Jiri was experiencing a sudden cardiac arrest. The team’s physician said the defibrillator was indispensable when Jiri Fischer collapsed on the bench and his heart stopped beating. Within the City of Toronto the average response time for an emergency call is just over 8 minutes. In a high-rise building it will take several more minutes to reach the upper levels. Statistics have documented that every minute a person is in cardiac arrest, their life expectancy is reduced by 10%. Therefore, a victim’s chances of survival will be diminished to only 20% by the time emergency personnel arrive on the scene. In light of the statistics, it is obvious that immediate emergency intervention is critical to increase a victim’s chances of surviving sudden cardiac arrest. HarbourSide is a luxury condominium building with over 600 suites located on the waterfront of downtown Toronto. It is considered a landmark building in the Brookfield Residential Management portfolio. The Board of Directors and Management have always been forward thinking and progressive in their management of

HarbourSide. HarbourSide recently purchased several Automated External Defibrillators (AEDs), more commonly know as defibrillators. AEDs are portable electronic devices that assist a minimally trained rescuer in administering potentially life saving treatment to a victim of sudden cardiac arrest. These devices are equipped with a computer chip that analyses the heart’s rhythm and administers the appropriate electrical shock to restore a proper heartbeat. The Board of Directors, Manage-

ment and Committees assessed and analyzed the benefits of purchasing AEDs for HarbourSide. The Board and Management were sold on the benefits of this life saving technology. Prior to proceeding with this purchase, it was deemed necessary to fulfill due diligence research with respect to liability issues. Management solicited opinions from legal counsel and our insurance provider on the issues of liability exposure. Our insurer expressed concerns with the liability issues associated with the use of AEDs due to the recent introduction of this technology. Legal counsel expressed the opinion that the Good Samaritan Act would cover any possible liability of an individual and the Corporation. Notwithstanding the above, our legal counsel was still concerned with the insurers position on the issue. Counsel suggested providing additional time for the insurer to review their position. Nonetheless, the Corporation continued to pursue this issue and our investigation of AED manufacturers. In the summer of 2005 a follow-up with our insurer revealed that there were no longer any liability concerns with respect to the use of AEDs in a condominium environment. Surprisingly, the Continued… Winter 2006

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Gardiner Miller Arnold LLP Barristers and Solicitors

GMA - The Condolawyersâ&#x201E;˘ (Winning Condominium Law Solutions) We led the battle for improvements to the new Act and Regulations Our standard of excellence focuses on practical legal solutions for Condominium Boards

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J. Robert Gardiner Mark H. Arnold Gerald T. Miller Christopher Jaglowitz

1202 - 390 Bay Street, Toronto, Ontario M5H 2Y2 Tel: (416) 363-2614 Fax (416) 363-8451 www.gmalaw.ca

A panel of twelve recognized experts in condominium alternate dispute resolution providing: Mediation â&#x2013; Arbitration â&#x2013; Neutral Case Evaluation â&#x2013; Chairing of Meetings â&#x2013; Conciliation/Assisted Negotiation â&#x2013;

Ready for Court? Or would you prefer to resolve the dispute in far less time, at much less expense, and with a great deal less aggravation? Call the CDRC Suite 604, 141 Roehampton Avenue, Toronto, Ont. Telephone: 416-932-9510; Fax: 416-932-9769 E-mail: alan.rosenberg@sympatico.ca Alan Rosenberg, Executive Director

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insurer indicated that they had purchased AEDs for their own offices. Our analysis resulted with the purchase of several Medtronic Lifepak CR Plus units. Each unit costs several thousand dollars. During the past year the City of Toronto has installed Medronic AEDs in numerous public places. HarbourSide has equipped AEDs at our two Concierge desks. An additional AED is publicly available to all residents and visitors in our recreation facility. Key staff members have received first aid training that included a session dedicated to the use of the Medtronic AED. Staff found that the units could be used with relative ease. The AED guides the rescuer through the entire resuscitation process with verbal instructions. At a recent meeting a representative from Toronto Emergency Medical Services indicated that there have never been any reports of injuries or deaths due to malfunctions or misuse of AEDs. Automated External Defibrillators are becoming common in public

and private applications. Their costs have been reduced substantially and are now affordable. It is of paramount importance that in the instance of a medical emergency, the priority is to first call 911. After that priority call to 911, staff should exercise the appropriate response. When minutes can make the difference between life and death, First Aid combined with an AED will substantially improve a resident’s chances of surviving sudden cardiac arrest. In relative terms the cost of an AED is insignificant compared to the possibility of saving a life. I encourage all Condominium Boards of Directors and Managers to be progressive thinking, to fulfill their own due diligence and to provide this invaluable life saving tool to their staff and residents.

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™

Seminar Synopsis The President’s Club: Focus on Conservation Thursday, September 22, 2005

CCI Toronto hosted another successful session of the President’s Club on Thursday September 22, 2005 at the Novotel North York hotel. Over 50 Condominium Directors and others gathered to network and hear the latest updates on the issues of the City’s Waste Reduction plans as well as what’s new on Smart Metering – Sub Meters. Moderated by CCI Special Projects Chair, Bob Girard, the panel included Geoff Rathbone from the City of Toronto, Rick Williams from Carma Industries, Trish Ingoldsby from Stratacon and Jason Tower from Waste Solutions Group. Feedback from participants indicated that this was one of the best sessions to date and that the information they received was invaluable. Highlights of this information has been summarized as follows:

SMART SUB-METERING OF ELECTRICITY

to the building corporation/owner quarterly. A 6 month mock billing period starting January 1, 2006 will determine the pre-payment for the first quarter beginning June 30, 2006.

This fall the Ontario Government will introduce an omnibus bill permitting condominium corporations to install individual metering without a vote from owners, thus overriding all condominium declarations. The reason is the province wants to introduce alternative rate schedules, 7 AM to 11AM at 6.4¢, 11AM to 5PM at 9.3¢, 5PM to 10PM at 6.4¢ and 10PM to 7AM at 2.9¢/kw hour (the aforementioned costs are for power use only). Smart meters would measure/ track consumption against time for the electricity consumed within each suite, restoring the fairness when owners only pay for what they use. Users have been told for years to conserve; now is when the proof will be in the meter.

WASTE REDUCTION Toronto City Council has approved a waste reduction levy for multi-residential dwellings in order to introduce a financial incentive to reduce waste and to encourage maximum usage of free recycling services provided by the City. Under the Levy, each building is given a fixed mount of free waste volume per week based on the amount of waste the building should produce if it were to recover 60% of the recyclable items equivalent to that of a single family home. If a building stays within the free waste limit, there is no levy. If that volume is exceeded, an escalating levy is paid on the excess waste: basic $30/ton, doubling and tripling for each ton, per 3 cubic yard increments and invoiced

www.ccitoronto.org Check Out Our New Look! CCI Toronto is pleased to announce that our website has been given a facelift! Over the past several months numerous changes have been made to update the content and make the site easier to navigate. Check us out – we’d love to hear your feedback and suggestions for ongoing upgrades.

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â&#x201E;˘

Member News

Welcome to the Following New CCI Toronto Members

Corporate Members

Sponsor (Trade) Members

DSCC #187 MTCC #0785 TSCC #1660 YCC #0469 YRCC #0636 YRVLCC #0968

Heather Mosbaugh Carswell Ken Crozier Crozier Agencies Robert Kelava Equity Builders

Professional Members

Warren A.N. Beacom Intellimeter Canada Inc.

Warren Ragoonanan Gardiner Miller Arnold LLP

Jennifer Gibson Parkchek Inc.

Kathryn Borgatti McMillan Binch LLP

Slim Baksh Power Pusher Canada

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Keith Laidman Setpoint Bilding Automation Joan Cheuk Unique Inc.

Individual Member E.V. Cover

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Member News

CCI National AGM The CCI National AGM was held at the International Doubletree Hotel on Friday November 4th at 6:00 p.m.. Turnout from members across the country was excellent and attendees had the opportunity to hear updates on activities over the past year from all fifteen CCI Chapters. Elections for the National Board of Directors also took place at this meeting and elected for three year terms were: Pat Cassidy (NS), Ron Danks (GHC), Jim MacKenzie (S. SK), Paul Muller (NW ON), Charlie Oliver (NL), John Peart (Ottawa), Doug Steen (NW ON) and Ray Wilson (GHC). The National Executive Board for 2005-2006 is made up of the following individuals: Chairman – Peter Leong, President - John Peart, Vice President - Charlie Oliver, Secretary – Jamie Bleay, and Treasurer – Peter Harris.

CCI- Toronto Vice President, John Warren presents the Chapter report for CCI Toronto at the National Annual General Meeting held on Friday November 4th, 2005

Recently had your AGM?? Make sure that all new Directors on your Board have a copy of CCI’s pocket version of the Condominium Act… available through CCI-Toronto. Download an order form from www.ccitoronto.org or call the office at (416) 491-6216. This handy publication is a must at all Board meetings. Please also take the time to inform and update CCI of any changes to your Board so that we may ensure your mailings are directed to the correct individuals within your corporation.

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CCI Condominium Courses – All You Need to Know to be an Effective Director Why you should attend CCI Courses ■

■

■ ■

Learn from the experience of leading condominium experts Meet directors with similar problems …. Exchange knowledge and practical solutions Receive a wealth of reference materials Obtain the skills to oversee the operation of your corporation…in a proper and intelligent manner.

“CONDOMINIUM COURSE 101” This brand new half-day course is the perfect introduction to condominiums for new owners of those considering running for the Board. Our panel of expert instructors will guide participants through the basics of condominium insurance requirements, accounting, reserve fund studies, management as well as the legal aspects. Date: Saturday, January 21, 2005 Time: 9:00 am to 12:00 pm Location: Novotel North York Hotel Gibson Ballroom, 3 Park Home Ave. (Yonge St. at Mel Lastman Square) Cost: Members: $55.00 / Non-members: $65 (+ GST)

BASIC CONDOMINIUM COURSE This six night course is a ‘must’ for all condominium directors, owners and professionals who want a better understanding of the way condominiums function and should operate. Topics covered include: Condominiums – The Directors’ Role, Insurance/Property Management, Dollars and Sense – Budgets and Finance, Reserve Funds, Physical Building Management and Effective Meetings. Dates:

Wednesdays, February 22nd, March 1st, 8th, 22nd, 29th & April 5th Time: 7:00 pm to 10:00 pm each evening Location: Novotel North York Hotel Gibson Ballroom, 3 Park Home Ave. (Yonge St. at Mel Lastman Square) Cost: Members: $300 / Non-members: $400 (incl. GST)

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ADVANCED CONDOMINIUM COURSE This four-night course is for professionals or the serious director who really wants to learn the ins and outs of condominium operations. Course attendees will learn all aspects of reserve funds, major repairs and replacements, financial management, common problems and practical solutions, legal responsibilities, and… in the last session learn about mediation/arbitration and the new enforcement remedies available under the Condominium Act, 1998. Dates: Wednesdays, April 19th, 26th, May 3rd & 10th Time: 7:00 pm to 10:00 pm each evening Location: Novotel North York Hotel Gibson Ballroom 3 Park Home Ave. (Yonge St. at Mel Lastman Square) Cost: Members: $200 Non-members: $275 (incl. GST) For more infor

For more information, or to register visit the CCI Toronto website at www.ccitoronto.org. ONLINE REGISTRATIONS NOW AVAILABLE!

™

Book Review A Tenant’s Guide to Condo Living The recently released CCI Guide to Condo Living for Tenants has been an extremely popular publication with Condo Boards trying to educate and make tenants in their buildings feel welcome. The handy 8 page brochure format of the guide makes it an easy addition to any welcome package.

Packed into those 8 pages is vital information covering everything from “What is a Condo” to “How can I know my Responsibilities as a Resident of a Condominium” ,“Is There a Property Manager” ,“What are the Landlord’s Obligations When Renting a Condominium Unit” and “What Do I Do on Move In Day”. The guide also covers guidelines on what to do in an Emergency – including a handy chart on what to do in case of floods, fire, gas leaks or loss of hydro. Copies of the guide are free to download from the CCI Toronto website – or up to 20 copies can be ordered online free of charge (www.ccitoronto.org). For bulk quantities of more than 20 copies, please call the CCI Toronto office at (416) 4916216. A fee of .50 cents per copy plus shipping will apply.

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Calling All Professional Members CCI – Toronto is inviting all professional members to join our ‘Ambassador Program’. The “Ambassador Program” works as a membership drive for CCI-T to increase our membership in the Condominium Corporation category. Professional members of CCI-T are encouraged to help recruit their condominium clients and in return will receive tangible rewards – possibly even a free membership! Our aim is to increase our membership of condominium corporations so that we have the financial resources to deal with issues confronting condominiums, such as energy and water conservation, waste disposal and legislative change and the membership numbers that enable us to speak with authority on behalf of all condominiums. Only through increased membership will we be able to represent the entire condominium community with governments and other regulatory bodies to ensure that the unique circumstances of condominiums are considered in their decision-making processes. CCI- Toronto is already encouraged by the results of the first two years of the program – over 118 new members have been recruited. Many professional members have recently accepted this challenge and have been successful in recruiting their clients. It is hoped that your firm will find this program rewarding – through the many prizes and rewards available to those who participate. For a full information package, please contact our offices at (416) 491-6216 or email us at ccitoronto@taylorenterprises.com

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ACCI ASSOCIATE OF THE CANADIAN CONDOMINIUM INSTITUTE

If you are a professional member of the Canadian Condominium Institute, you should seriously consider applying for your professional accreditation. Successful candidates are entitled to use the designatory letters ACCI as recognition of their high degree of skill, professionalism and outstanding achievements. ACCI members also receive the benefit of being listed on the CCI –Toronto website as ‘Condominium Experts’. Candidates for the ACCI accreditation must be a professional member of CCI for at least two years prior to their application and must also have a minimum of three years of professional condominium experience. In addition, participation in the condominium community through writing articles, participating in seminars or providing other services must be demonstrated prior to being accepted to write the ACCI examination. For further information on how to apply, please visit the CCI Website at www. ccitoronto.org or email us at cci.toronto@taylorenterprises.com

Attention All Condominium Corporation Members:

WE WANT YOUR NEWSLETTERS!! Do you think your corporation’s newsletter is well designed, informative, interesting and award worthy? Entries are now being accepted for the 2005 contest. Please forward a covering letter explaining why you feel your corporation’s newsletter should be considered, along with copies of the newsletter to CCI –Toronto, 2175 Sheppard Ave. E. Suite #310, Toronto, Ont. M2J 1W8. The deadline for submissions is Friday September 30th, 2005. Newsletters will be judged on style, presentation and content. The winner will be announced in October 2005 and will receive a complimentary registration for three Directors to attend a CCI Toronto President’s Club Seminar. In addition, the corporation will be awarded a plaque at the CCI Toronto Annual General Meeting in November 2005 and will have their name and photos published in the Winter 2005 Condo Voice and on the CCI Toronto website.

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Resource Corner Condominiums in Ontario Mark Freedman and Harry Herzkowitz Law Society of Upper Canada (416) 947-3300 Continuing Legal Education Department

The Condominium Act 1998 - A Practical Guide J. Robert Gardiner Canada Law Books Inc. 1-800-263-2037 (905) 841-6472

The Condominium Act - A Users Manual Audrey Loeb Carswell Publishers 1-800-387-5164 (416) 609-5164

Accounting and Auditing Guidelines for Ontario Condominium Corporations 2001 The Institute of Chartered Accountants of Ontario 69 Bloor St. East Toronto, Ont. M4W 1B3 Tel: (416) 962-1841 or 1-800-387-0735 (ask for Customer Service Dept.)

Buying a Condominium - What You Need to Know (Booklet) - Free copies Ontario New Home Warranty Program Condominium Office 1091 Gorham St. Unit B, Newmarket, Ont. L3Y 7V1 (905) 836-6715 / 1- 888-803-9913

Condominium Buyerâ&#x20AC;&#x2122;s Guide (Booklet) Canada Mortgage and Housing Corporation 1 (800) 668-2642 Website: www.cmhc.ca

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(416) 497-5055 A trusted name in property management in the GTA for over 10 years.

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John M. Warren, C.A. Tony Sokic, C.A.

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Stephen N. Stern, C.R.P.M.

â&#x20AC;&#x201D; MEMBERâ&#x20AC;&#x201D;

PRESIDENT & CEO 505 Consumers Rd., Suite 702, North York ON M2J 4V8 Tel. (416) 491-9009 Fax (416) 491-7990 info@bonitamanagement.com

www.bonitamanagement.com

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6ISITOR ENTRY PHONES !CCESS CONTROL 6IDEO SURVEILLANCE (ANDS FREE PARKING CONTROL ALARM MONITORING

!NDREW -ACKENZIE $IRECTOR -ULTI 4ENANT 3ECTOR %XPLORER $RIVE -ISSISSAUGA /NTARIO , 7 (

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SUMMA PROPERTY MANAGEMENT PROFESSIONAL PROPERTY MANAGEMENT & CONSULTING "Your condominium deserves personal attention and service."

Ryan B. Stone, CPM President 416.487.5095 (Ext. 1) 416.728.2429 (Cell) propman@summapm.com

www.summapm.com

thecondovoice

Winter 2006

List of Advertisers ACMO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Active Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 A.R. Consulting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Adams Masin Tilley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Bell Express Vu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Bonita Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Brookfield Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Brown & Beattie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 CCF Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Canlight Hall Management . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Certified Clean Air Services . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Chubb Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Cochrane Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Condominium Dispute Resolution Centre Inc. . . . . . . . . . . . . 28 Con-Serve Group Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Construction Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 CPL Design Interiors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 David Alexandor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Davroc & Associates Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 D-Tech Consulting / Nexus . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Enerplan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Essential Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Fine and Deo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Firenza Plumbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 First Condo Group Limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Gardiner Miller Arnold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Group 4 Falck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Gerald R. Genge Building Consultants Inc. . . . . . . . . . . . . . . 38 GSA Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Harris Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ICC Property Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . 23 Impact Recreation Management, Inc. . . . . . . . . . . . . . . . . . . . 16 JMCC Cleaning & Maintenance Services . . . . . . . . . . . . . . . 40 Jones Rogers LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Larlyn Property Management Limited . . . . . . . . . . . . . . . . . . 37 Les Consultants Ingenium (Condo Manager Software) . . . . . 38 Maxium Financial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 M & E Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Miller Thomson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Morrison Hershfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Ontario Screen Systems Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Ontario Playgrounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Pacey Dirks and Thiel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Percel Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Pro House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Provident Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 RBC Dominion Securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Rogers Cablesystems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Ronco Roofing & Sheet Metal . . . . . . . . . . . . . . . . . . . . . . . . 35 Roussell Eavestroughs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Samuel Property Management . . . . . . . . . . . . . . . . . . . . . . . . 41 S.R. Wise Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Summa Property Management . . . . . . . . . . . . . . . . . . . . . . . . 40 Suncorp Valuations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Stratacon Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 TPMG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Vero Property Management . . . . . . . . . . . . . . . . . . . . . . . . . 25 Waste Solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Wilson Blanchard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Winter 2006

thecondovoice

ATTENTION Advertisers and Writers! Are you interested in advertising or writing for “TheCondoVoice” or the “Professional Services Trade Directory”? WRITING FOR “TheCondoVoice” As a member, are you interested in writing for “TheCondoVoice”? If you are a condominium director and have a unique tale to tell or advice to relay to other condominium boards, please let us know! If you are a professional or trade member offering products or services to condominiums and have a relevant article, let us know! The subject matter should be current, concise and helpful. The topic should relate to the management of condominiums and not be of a commercial nature. Please either mail or email your article to the editor.

INSERTS Inserts can be placed in the envelope containing “TheCondoVoice”. Limited to CCI members only, professionals and trades can supply copies of their flyers and brochures for insertion in an issue. A fee of $600 plus GST will apply.

Condominium Energ y Experts Proudly celebrating our 20th year serving the GTA. • Energy Management Systems • CO Control Systems • Variable Frequency Drives • Snow Melting Control • Lighting • Water • Boilers • Submetering • Billing and Collections • Monitoring Centre and much more... Call today and ask about our free energy audit!

GST must be added to all rates. All enquiries should be directed to the advertising representative, Marie McNamee at (905) 852-2802 or email at marie@mcnamee.ca, or visit www.ccitoronto.org for more information.

™

“TheCondoVoice” is published 4 times per year – Spring, Summer, Fall and Winter, by the Canadian Condominium Institute - Toronto & Area Chapter. Newsletter Directors: Denise Lash/Gina Cody/Henry Cohen/Tom Park Editor: Lynn Morrovat Advertising: Marie McNamee Composition: E-Graphics Publications Mail Agreement #40047005 - Return undeliverable Canadian addresses to Circulation Dept. 2175 Sheppard Ave. E., Suite 310, Toronto, ON M2J 1W8 The author, the Canadian Condominium Institute and its representatives will not be held liable in any respect whatsoever for any statement or advice contained herein. Articles should not be relied upon as a professional opinion or as an authoritative or comprehensive answer in any case. Professional advice should be obtained after discussing all particulars applicable in the specific circumstances in order to obtain an opinion or report capable of absolving condominium directors from liability [under s. 37 (3) (b) of the Condominium Act, 1998]. Authors’ views expressed in any article are not necessarily those of the Canadian Condominium Institute. All contributors are deemed to have consented to publication of any information provided by them, including business or personal contact information. Consider supporting the advertisers and service providers referred to in this Newsletter, recognizing that they have been supporters of CCI. 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.

thecondovoice

Winter 2006

Construction Control Full colour pick up film from OBC of last issue