Canada’s Most Widely Read Condominium Magazine
Is your condo shatterproof?
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Don’t get too personal Set a respectful tone Social media challenges for managers
August 2012 • Vol. 27 #5
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Contents Focus: Human Resources
Departments
8
Don’t get too personal By Denise Lash and Rhonda Shirreff
20
Legal How to manage social media at work
11
R-E-S-P-E-C-T By Debbie Dale
24
Management Encourage questions to improve open communication
14
Boards get solid footing through condo courses By Bill Thompson
30
Maintenance Cover all the bases when choosing flooring
16
Shattered By Amie Silverwood
34
Design Owner engagement and refurbishment projects
38
Regulations Elevator brake prohibited in Ontario, permitted elsewhere in Canada
42
Smart ideas
“Installing energy efficient lighting and variable speed drives helped us lower our electricity costs.” Nathan Mordaunt, General Manager, RBC Centre & Simcoe Place, The Cadillac Fairview Corporation Limited
Saving energy makes sense – business sense. Get up to 50% off project costs, including: • Energy audits • Energy-efficient lighting • Equipment and system upgrades • Energy-efficient new construction
Energy efficiency incentives from your local electric utility are available for businesses like yours. Whether you manage an office building, a retail property or a condo, you may be covered for up to 50% of your project costs, including lighting and equipment upgrades and energy audits to help identify opportunities that can lower operating costs. Big or small, every Ontario business can benefit from energy efficiency.
Contact your local electric utility or visit saveonenergy.ca/commercial
Subject to additional terms and conditions found at saveonenergy.ca. Subject to change without notice. A mark of the Province of Ontario protected under Canadian trade-mark law. Used under licence. OM Official Marks of the Ontario Power Authority.
Editor's Letter
Publisher Steve McLinden Editor-in-Chief Amie Silverwood Advertising Sales Paul Murphy, Melissa Farrell, Sean Foley Senior Designer Annette Carlucci
Invest in employees I’m glad to be back from maternity leave to edit an issue about human
resources. Multiple turnovers can challenge a magazine’s continuity and create some confusion for readers; it’s no different in a condominium when managers, maintenance and/or cleaning crews are replaced often. Progress is at a standstill while managers learn about the community and meet the new staff. Problems go undetected as responsibilities shift hands and details that were once matters of pride fall to the wayside. It is for this reason that any decisions to hire or replace employees must be made carefully. Take a look at remuneration packages to make sure they’re competitive within the industry before posting a position. And though you want thorough interviews, be sure to steer clear of personal questions (see page 8 for guidelines). Provide regular feedback to employees and, as suggested by Debbie Dale on page 12, get to know their names and faces. Be cautious to avoid setting the board or manager up as unapproachable. Be friendly and invite questions and concerns from staff. Consult them when doing renovations – they will have valuable feedback that may influence some design decisions such as lighting or flooring choices. A high turnover on the board can also have a negative impact on the condominium. New board members may not understand the scope of their responsibilities. Educating board members and condo owners in general can prevent conflicts over the long run. The Canadian Condominium Institute has chapters in all major Canadian centres and provides classes that will benefit new owners or board members. Treating employees with respect and offering them opportunities for education and/or advancement is always a worthwhile investment. Editor-in-Chief Amie Silverwood amies@mediaedge.ca
6 CONDOBUSINESS | www.condobusiness.ca
Designer Jennifer Carter Production Manager Rachel Selbie Contributing Writers
Denise Lash, Rhonda Shirreff, Debbie Dale, Bill Thompson, Lisa Cabel, Timothy Bednarz, Robert Kravitz, Phil von Massow, Barbara Carss
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Canada: 1 year, $60*; 2 years, $110* Single Copy Sales: Canada: $10*. Elsewhere: $12 USA: $85 International: $110 *Plus applicable taxes Reprints: Requests for permission to reprint any portion of this magazine should be sent to info@mediaedge.ca.
Circulation Department Lina Trunina circulation@mediaedge.ca (416) 512-8186 ext. 232 CONDOBUSINESS is published eight times a year by
President Kevin Brown Accounting Manager Maggy Elharar 5255 Yonge Street, Suite 1000 Toronto, Ontario M2N 6P4 (416) 512-8186 Fax: (416) 512-8344 e-mail: info@mediaedge.ca CONDOBUSINESS welcomes letters but accepts no responsibility for unsolicited manuscripts or photographs. Canadian Publications Mail Product Sales Agreement No. 40063056 ISSN 0849-6714 All contents copyright MediaEdge Communications Inc. Printed in Canada on recycled paper.
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Human resources
Don’t get too personal
By Denise Lash and Rhonda Shirreff
It is important to hire competent and reliable employees. To
that end, in order to make the most informed hiring decisions possible, employers (including
condominium boards of directors) often try to gather as much personal information as they can from job candidates. What they need to remember, however, is that human rights legislation in Ontario places practical constraints on what information an employer may collect during the hiring process.
8 CONDOBUSINESS | www.condobusiness.ca
Human resources
Underlying human rights legislation is the concept that employment decisions should be based on a candidate’s ability to do the job rather than on personal factors unrelated to job requirements, qualifications and performance. The Ontario Human Rights Code (the Code) guarantees the right to be free from discrimination in employment on the basis of a number of protected grounds: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed/religion, sex, sexual orientation, age, record of offences, marital status, family status and disability. While it is not illegal to ask candidates questions that relate to the protected grounds, caution is strongly advised. A board that asks for information about, for example, a candidate’s religious affiliation or medical condition opens the door to a potential human rights complaint. The danger is that a candidate who has been passed over for legitimate reasons might seize the opportunity to allege that he or she has been the victim of discrimination. In light of the requirements of the Code, boards must take particular care in drafting employment advertisements, requesting personal information on job applications and interviewing promising candidates. Employment advertisements Advertisements should not directly or indirectly differentiate on the basis of a protected ground. Requiring “Canadian experience” or indicating a preference for childless applicants leaves employers vulnerable to allegations of discrimination. Instead, advertisements should describe requirements and expertise directly related to the job. For example, it is reasonable and jobrelated to advertise for a concierge who speaks clearly in English. It runs afoul of the Code, however, to advertise for someone who speaks English “without an accent.” Application forms and interviews Most employers understand that application forms should not include questions directly related to any of the protected grounds. What they often overlook, however, are requests for information or documentation that may indirectly reveal details that could lead to a human rights complaint. For example, it is a common mistake to ask for a candidate’s social insurance number prior to making a conditional offer of employment. What many employers don’t realize is that a social insurance number may be used to access other personal information, including a candidate’s age and date of arrival in Canada. Requiring candidates to provide details about the years they attended school or the name of the school itself could reveal the candidate’s age, religious affiliation and place of origin. Similarly, asking for a photograph of the candidate may reveal race or ethnic origin.
Information requested on job applic ations should be limited to what the board needs in order to makes its initial assessment of the candidate. The type of information that should be collected at this stage varies according to the position the board seeks to fill. It is a bona fide inquir y, for example, to ask candidates applying for a position that requires driving a vehicle on or off condominium premises whether they have a valid driver’s license. Asking the same question of candidate for a concierge position, however, serves no reasonable purpose. Just as boards should not ask for information on a job application that relates to a protected ground, they should also avoid such inquiries during the inter view process. Nevertheless, they may expand on the scope of bona fide job-related questions at the interview to the extent necessary to determine the candidate’s ability to perform the job.
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Human resources
Criminal record checks Because condominium employees o f te n p e r fo r m a l l o r a s i g n i f i c a n t par t of their work on condominium premises and interact with residents a n d t h eir fa milie s o n a d ay - to - d ay basis, a board may decide to make an of fer of employment conditional upon a clear criminal record check. While this may be a prudent practice, it is important to note that the Code prohibits discrimination in employment
because of a “record of offences.” The provisions of the Code suggest that an applicant, or an existing employee for that m at ter, m ay b e subjec t to d i s c r i m i n a t i o n i n e m p l o y m e nt ( i .e . refused employment or fired) if he or she has been convicted of an offence under the Criminal Code and has not been granted a pardon. However, a board will violate the Code if it refuses to hire a candidate because he or she has a criminal conviction which has
been pardoned, or a conviction for a provincial offence, unless the board can establish that a clear criminal record is a bona fide occupational qualification. Insofar as inquiring about a candidate’s record of offences on a job application is concerned, the Ontario Human Rights Commission takes the position that the only permissible question on the applic ation form is: Have you ever been convicted of a Criminal Code offence for which a pardon has not been granted? During an inter view, the board may expand on this question, provided that this is necessary to determine the candidate’s ability to perform the essential duties Pro in question. For example, it may be p er missible to make inquiries to determine if an applicant is bondable, Establishe Establi p rov i d e d t h a t t h i s i s a re a s o n a b l e Manageme Manag qualification of the job, or to determine provider. provide O if the applicant has a record of convictions under the Highway Traffic BUILDIN BUIL Act, if driving is an essential job duty. & MONIT & MO manage manAbove all, and throughout the entire hiring process, condominium boards of savesave you directors should gather only as much annual annu u information as they need to find the ENERGY ENER right candidate for the job. Of course, range rang ifofcandidates volunteer extra personal existing exist information during an interview or on a of the ofresumé, th en the board is free to discuss it Contact Cont with them. Even so, if the board uses assessm asse this as an oppor tunit y to delve too deeply into a candidate’s background, SUB-ME SUB it will run the risk of a human rights installat insta complaint from unsuccessful and provide prov disgruntled candidates. utility utilit m With the foregoing in mind, boards ENGINEE ENG are well - advised to audit their hiring professi prof practices to ensure compliance with LEED® LEED P underl ying principles of human the Modelin Mod rights legislation. Boards looking to Commis Com conduct a privacy audit may wish to Standar Stan have counsel review their employment advertisements, job application forms a n d inte r v iew q u e s t i o ns to e nsu re t h a t t h ey d o n ot c o nt a i n re q u e s t s for unnecessar y and potentially For more For mo in problematic information. 1
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Denise Lash and Rhonda Shirreff are condominium experts in the Condominium 100 100 Sup S Law Group at Heenan Blaikie and contribute to a blog at www.condoreporter.com.
10 CONDOBUSINESS | www.condobusiness.ca Untitled-1 1
11-08-08 11:18 AM
Human resources
R-E-S-P-E-C-T
Property managers do create the very
By Debbie Dale
vibe of each community that we have the pleasure of managing. It is crucial for us, therefore, to foster a respectful attitude
of community building amongst the residents, staff and board in order to be successful with human resources; and, avoid the spiralling force that creates continuous staff changes at many condominium properties. Rotating staff from site to site in a dizzying attempt to immediately satisfy client demands is not effective and we must resist the temptation. August 2012 11
Human resources
Residents need to know that they c o n d o m i n i u m n e i g h b o u r h o o d s a r e actually do need to know the names leaping into being rapidly and often lack of the cleaners and securit y guards the understanding needed to secure, that work in their condo. In addition, m a i nt a i n a n d re a p t h e rew a rd s of competent staff will not slack off and motivated long term staff. become lazy if you encourage each one Ego is an intriguing and challenging to be their personal best through your element within us all. Appreciation for own demonstrative actions. For many one’s efforts is sure to satisfy the ego. successful, mature and well-established It costs no more to be appreciative JermarkPIPE_Condo_Apr09.pdf 5/1/09 4:00:12 PM condominium neighbourhoods this is and give praise where praise is due. oft a natural environment. New, younger A ppreciation can set into motion an
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upward swirl with minimal effort. The old song about R-E-S-P-E-C-T still has a place in our world today. Here is a story that I hope provides insight into what really matters (be it 2012 or beyond) and what actually works based on my veteran level experience. Upon assuming the role of managing an existing staff of eighteen in one condominium, I happened upon a circumstance on day one that led to improved staff performance within days. I must admit that I had not had the time during my first day with some water leaks ongoing to even consider the site staff and how well they performed, or did not perform. I had met with the board prior to being selected as the new property manager and was aware of a few items they wanted resolved. Many property managers had passed in and out in quick succession and I recall wondering of the challenge I was undertaking. Some of the board’s to-be-resolved items included site staff, cleaners and security guards that residents were apparently complaining of. I turned around the corner in a service hall on that first day to come upon a wet and freshly mopped floor. The caution sign was in place to warn of the wet surface and Barbara (as her name tag stated) was just finishing her assigned task. She froze, as did I. I could have just tiptoed through the wet area and let her tidy up after me but that response opposes my management st yle. I signalled ‘thumbs up’ and smiled at her for the sign being in place. I introduced myself, commented that the clean floor looked perfect, spoke her name and I took another nearby hall to reach my destination. This all transpired quickly and led to changes I had not considered. As I later learned, Barbara had been scrubbing away for months at the same pro p er t y and not once had anyone complimented her work or spoken her name. In addition, no property managers during her condominium cleaning career of ten years had acknowledged her or her work as valuable. Few residents knew her name. The management office staff and the board was some powerful group that she feared as site staff were shuffled in and out continuously. The rapid transformation was
Human resources
remarkable. As it turns out, cleaners talk to cleaners and cleaners talk to security guards and they share much in common. Sure we all likely know this but do we make use of this knowledge? W i t hi n d ay s , t h e c l e a n e r s re a l l y performed well as did the previously less -than - ideal securit y guards. The site staff left their jobs in what they perceived as a negative, unrewarding, d o o m e d w o r k s e t t i n g to b l o s s o m under appreciation and positive encouragement in the ver y same workplace. The board was ecstatic and quickly agreed to increase the remuneration to both the cleaners and the security guards in the next fiscal year to reflect market value. The residents praised the board for finally getting the building looking its best after years of rotating staff changes. Local realtors commented on the mysterious increasing market value of the units one year later despite no major common element upgrades. I was suspected of having a magical wand up my shirt sleeve. My administrator and superintendent, who had both been job hunting at the time, quickly became close team players and now both have their R.C.M. courses completed. The site staff of eighteen literally rocked on through many floods, a fire, a power outage and much more with relative ease. S u re, we wo r ke d h a rd . Ye s , we sometimes felt we worked too hard. Admittedly we each gave much to the community that ultimately embraced our presence and even invited us to their social functions. The concept of team is understood in the workplace. The application of the team concept needs to be fostered within the condominium workplace. The board, proper t y management staff, cleaners, guards, other site staff and residents have a war to win. The opponent is indifference and disrespect. Victory lies ahead through appreciation and mutual respect. Arm yourself with a free smile, positive praise and your a c k n o w l e d g e m e n t o f e v e r y o n e ’s need for ap preciation. N ur ture and appreciate good staff. It is plain, simple,
economical, environmentally -friendly and effective. Home is where the heart is; and, this heart-centred management st yle in c ond ominium c ommunities i s s u re l y w o r t h c o n s i d e r a t i o n a n d implementation. Try it. You may like it! P S: T h a nk yo u , B a r b a r a , fo r t h e invaluable life lesson you shared! 1
Debbie Dale is the Founder of Muskoka Condo Services. For more information go to www.muskokacondoservices.com or call 1-866-280-8309.
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management Human resources
Boards get solid footing through condo courses
Imagine someone walking into a
By Bill Thompson
strange new world. They know no one. They do not speak the language. They do not understand the culture. They know nothing of
the history. They do not know the laws. They don’t know what is expected of them in that society. How would they survive? It is not hard to imagine all of the fear and trepidation they would feel as they entered that environment. It is not hard to imagine the mistakes and the laws that they would break while they struggled to learn the new language and understand the culture. It is not hard to imagine how they would feel excluded from that societ y and how that societ y would look down upon them due to their ignorance.
It is difficult to imagine why anyone would willingly put themselves into that difficult environment unless they had no other choice. Yet every day, some people put themselves into exactly that environment when they buy a condominium. They enter into a world that they have no knowledge of. They do not understand their responsibilities within that world. They do not understand the laws or the bylaws. They seldom speak the Condominium Act lingo. They enter
14 CONDOBUSINESS | www.condobusiness.ca
into a society that has expectations that are written in the bylaws and declaration and the rules, yet they seldom take the time to become familiar with those expectations. They walk their beloved dog off the leash because they have always done it that way. They have a housewarming pool party and invite a hundred of their noisiest, closest friends to enjoy their new amenities with them. They immediately start improving the property by ripping out that cumbersome
Human resources
load-bearing wall. They paint the outside of their new home so it doesn’t look like all the others, by choosing colours from their ancestors’ national flag. They park in the visitor’s parking area because it is much closer to their unit. They become the “trouble” neighbour because they don’t understand how they fit into this new world. They meet their board of directors for the first time via a letter from the corporation’s lawyer. Imagine the same scenario but change the level of understanding and education. By simply taking an introductory course in condominiums, it would be easy to imagine a more harmonious entry into this strange new world. It is easy to imagine a new neighbour that seamlessly fits into the community, and has a perceived respect for their neighbours that would not be possible without the understanding gained from education. Managers, directors and owners would all be happier and condominiums would have fewer problems. The exact same thought process rings true for members of the board of directors. New directors who take the time to understand
their role and take the time to educate themselves on the roles, rights and responsibilities of condominiums and their owners, will create a more harmonious environment. They will be less likely to become overbearing on the manager or on the owners because they will understand their role in that new world. They will be more likely to protect the interests of the corporation, because they will understand how to do that. They will be more likely to make good decisions because they have a basic understanding of everything relating to condominium governance. They may not have enough education to make every decision, but they will have enough education to know when to go for help from someone who does know, such as a lawyer, engineer, manager or other professional. The good news is that condominium education is available. There are many non-profit organizations that have courses teaching proper condominium governance to help make that transition easier for everyone. There are publications which are readily
available to help people understand their roles within the condominium community. Local real estate boards will usually offer seminars to educate purchasers on the condominium lifestyle. Try an internet search for resources available near you. Imagine someone making perhaps the big g est investment d ec ision in their lifetime and not looking for these resources, especially in this age of information. 1 B i l l T h o m p son has worked in the Condominium Property Management industry since 1985 and is the President of M alvern C o nd o minium Pro p er ty Management. Bill expresses his passion for the industry by also volunteering with the Canadian Condominium Institute, where he currently serves as the CCI Toronto Chapter President and as a member on the Chapter’s Education Committee. In addition, Bill is a board member on the CCI National Executive Board. CCI offers a variety of learning opportunities for directors and owners. For more information visit: www.ccitoronto.org.
Condominium Management Re-defined Integrity, Commitment and Care since 1992
August 2012 15
feature
Shattered By Amie Silverwood
feature
Between May and August 2011, five panels of glass shattered and fell from balcony guards on the Festival Tower, a 41-storey condominium in Toronto’s entertainment district that was completed in 2010. Now there’s a $20 million class action lawsuit launched by residents of the Festival Tower against their developer Daniels for the diminished value of their suites and being locked out of their balconies while the developer replaced their balcony guards with laminated glass.
feature
Between April 2010 and September 2011, 15 panels shattered on the 45- and 35-storey Murano towers completed by Lanterra in 2009. Residents have launched a similar class action lawsuit also worth $20 million since they too have been locked out of their balconies for over a year while the developer is replacing their balcony guards. Another Lanterra development, One Bedford, has also joined the class action suit. Developers and owners of these condos and at least 13 other buildings that have also had glass panels shatter, are struggling to find a way to replace any glass that could shatter and litter the sidewalk, injuring those below. But this problem doesn’t just affect the residents of buildings that have had panels fall; these guards could shatter on any condominium that has glass guards. In fact, these glass guards are known to break – that is why they have been built to shatter instead of fall in large sheets or deadly shards. Up until July first of this year, the glass used in balcony guards had to be either fully tempered or heat strengthened laminated glass. J err y G enge, the founder and President of GRG Building Consultants, says the shattered panels were tempered glass. “Most all the breakage that has been happening is the result of nickel sulphide inclusions in the glass,” explains Genge. “Nickel is a naturally occurring impurity in the raw materials that make glass. It is virtually impossible to eliminate. Sulphur is added to the molten glass to eliminate air bubbles. T he miniscule par ticle of nickel sulphide (NiS) can form and when it does, it might be a problem. A few grams of nickel can contaminate tons of glass. The NiS wouldn’t be a problem in glass except that the particle actually changes and when it does, it swells slightly and
18 CONDOBUSINESS | www.condobusiness.ca
feature
“In fact, these glass guards are known to
break – that is why they have been built to shatter instead of fall in large sheets or deadly shards.” t h at c a n c au s e t h e g l a s s to b re ak spontaneously.” Genge explains that this problem has been known in the glass industry for over 40 years and standards accept that some breakage is going to happen but there is no acceptable rate of breakage because there aren’t any good records of breakage. Genge explains that a lot of the glass used in the 2011 rash of breakages was imported from manufactures in China. “While we can make lots of unfounded accusations about quality control and substandard materials, they are very difficult to substantiate with the available data.” Condominium trends have changed in the past few years in ways that have made their glass exteriors seem more prone to breakage. Glass guards used to be mounted on the top of the slab or as small infill panels above low walls, but now they are being designed to cover the edge of the floor slab and stretch around the full perimeter of the building. “Covering the edge of the slab makes the panels larger, which means they need to be thicker to be as strong to resist wind and live loads. Thicker glass increases the chances of having an NiS inclusion in any one panel. More glass balcony area means more opportunity for an NiS inclusion somewhere on your building.” In their efforts to curb the problem, the City of Toronto is compiling a list of condominiums they’d like to have inspected; however, a consultant won’t be able to check if there is nickel sulphide in panels. The City’s power is limited. They can order an inspection, which will require the developer to hire a consultant to write
a report, but the consultant can only inspect the way the glass was installed. “You don’t want the glass to be very close to the anchorages that hold the glass in place or that hold the posts for the balcony guards to the slabs. Because if the glass deflects under wind load, it might touch the metal and that can either cause a break or it can cause the glass to weaken at the edge and then eventually shatter,” explains Genge. “So it’s a valid request to have them go check and make sure you aren’t going to have any of the obvious physical problems. But they’re not going to find nickel sulphite.” Whether or not the City requests that a condominium corporation address the subject through inspections, it is p r u d ent fo r any c o n d o minium w ith glass balconies consider the possibility of them shat tering or they could be found negligent by the courts. Joel Watson, a partner who practices construction and condo litigation at the law firm Heenan Blaikie recommends condominium corporations enlist the help of their lawyers as a first step. They will have experience dealing with many consultants and will be able to steer their clients towards a reputable one. “We can suggest to you to ask the right questions such as look – please make sure that in this performance audit you pay attention to this glass issue. Do we have the type of glass we should be concerned about? We want a specific answer to that question. If not, you’re going to get a responsible performance audit which may not even address it. So that’s something you want to deal with early.” Watson explains that enlisting council knowledgeable in condominium law can
save money in the long run if they work with the consultants. “They can deal with the fact that we may need to litigate or dispute this down the road. So council is actually helping us ask the questions we need to know.” Once the board gets a recommendation from the consultant on how to proceed, they can work with council to recover some of the cost of the repairs from the developer. “If a remedy has to be taken, get a quote on how much it will cost to do it and then discuss with your developer as to how they want to approach it,” says Watson. “When that building was constructed, it might have been built according to code, it might have been a safe and nonnegligently built building at the time. That is of the question of law as to whether the developer was negligent. They may not have been negligent but they may have a commercial interest in making sure their buildings are safe.” Watson recommends boards engage their developers as early as possible. Address the issues when the developer still has people on site, not when they’ve moved on to another project or have possibly gone bankrupt. “The standard is not per fect but obviously once you become aware of the concern, people should be responding to the concern. And the code is a minimum. It is not the standard to which the court will eventually hold you to.” 1
G o to w w w.c o n d o b u s i n e s s .c a fo r a checklist outlining specific actions for boards with glass balcony guards to consider and video interviews on the subject. August 2012 19
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HOW TO MANAGE SOCIAL MEDIA AT WORK
20 CONDOBUSINESS | www.condobusiness.ca
legal
By Lisa Cabel
A recent article in the Globe and Mail described how Canadians spend on
average approximately 43.5 hours a month on the web, which is almost twice the worldwide
average of 23.1 hours. With numbers this high, employers have to wonder: how much of that
time surfing the web is done during working hours and involves posting comments relating to the workplace? In addition to lost time and productivit y that employees may be spending mindlessly checking their Facebook page during working hours, the dramatic increase in social computing has mounted a number of challenges for employers. A s more and more employees choose to create or par ticipate in blogs, wikis, online social networks and other forms of o n l i n e p u b l i s h i n g o r d i s c u s s i o n b o a r d s , e m p l o ye r s a re c o n f r o n te d with unique disciplinary challenges for online conduct both in and outside the workplace. In general, what employees do on their own time is their affair and e m p l o ye r s m u s t re s p e c t t h e l e g a l rights of their employees to create or participate in a blog, wiki or online so cial net work . H owever, ac tivities in and outside of work that affect job per formance, the per formance of others and /or the rights and privacy of ot h e r s a re t h e p ro p e r fo c u s of employment policies and can be
potential grounds for discipline, u p to an d in c lu d in g ter min ati o n of employment. T here are a few, recent C anadian c ases that provide some guid ance. For example, N athalie Blanchard, an employee who was on a leave of a b s e n c e f ro m h e r p o s i t i o n at I B M for major depression was terminated and had her benefits cut off after the employer’s insurer viewed pictures of her on Facebook enjoying a bir thday party, a sun holiday and a Chippendales b a r s h o w. I n a d d i t i o n , t h e B r i t i s h Columbia Labour Relations Board recently upheld the summary dismissal of two employees for “offensive and e g r e g i o u s” c o m m e n t s p o s t e d o n Facebook about their supervisors. From a legal perspective, the impor tant question to consider when deciding if online conduct warrants discipline is whether what an employee writes or posts on the internet is suf ficiently connected to work that the employer’s legitimate
business interests may be at risk. It is not necessar y for an employer to show that its activities or reputation are ac tu all y d etriment all y af fec te d , only that there is an objectively reasonable risk that such damage could occur as a result of the employee’s statements or postings. The absence of actual damage is not indicative of the seriousness of the misconduct. Employers are therefore not required to show actual damages but they must still remember that discipline is not simply warranted based on mere dislike of, or disagreement with the content o f a n e m p l o y e e’s c o m m u n i c a t i o n . Beyond dislike or dis agreement , there must be an identifiable risk to the employer; for example, a risk to working relationships, reputation, or safety. Once again, a desire to avoid discomfort and unpleasantness is not, on its own, sufficient. Employers should also keep in mind that determining the appropriate degree of discipline warranted for an August 2012 21
legal
employee’s inappropriate online conduct, requires an assessment of the seriousness of the threat which the misconduct poses to the employer. This is determined by considering the nature of the allegations (e.g. whether they are defamatory), the danger of the message (i.e. potential damage), the employee’s state of mind (i.e. whether it was deliberate and premeditated or a ‘momentary and emotional aberration’); the employee’s employment record (e.g. whether the employee has a long
and discipline-free record of service), the appropriateness or history of using corrective discipline, and other relevant circumstances. Similarly, employees should always consider whether, if discovered by a fellow employee or a manager, any element of their participation in an online social medium could potentially affect their employment relationship, or be interpreted as a potential risk to the work environment.
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Code of conduct for social media use Generally, a code of conduct will describe behaviour that the employer believes to be in contravention of the policy, for example: • using the technology to create, distribute or access illegal, offensive, pornographic and/ or inappropriate materials; • conducting business activities which are unrelated to the employee’s duties and responsibilities at work; • advertising or soliciting, including advertising of personal services; • downloading, storing or sharing media files, including music or video files, on the company’s computer system that are illegal, offensive, obscene, inappropriate or that are not intended for employment purposes; and/or • sending defamatory, abusive, obscene, profane, threatening or racially offensive messages.
Finally, in order to set clear boundaries, it is the responsibility of the employer to ensure that the rules governing the responsible use of technology and its code of conduct are clear and widely understood. The content of a responsible technology use policy should reflect the tension between an individual’s right to freedom of expression with their duties and responsibilities as employees. The objective is to achieve responsible involvement and participation with respect to networking and social-based applications. The challenge for employers involves balancing an employee’s right to freedom of expression and personal privacy with the need to ensure a respectful and positive work environment. Clear and specific appropriate use of technology policies which reflect lessons learned from past cases as well as professional codes of conduct will go a long way to ensuring employers have a positive experience with online social media. 1 Lisa Cabel is a partner in the Toronto office of Borden Ladner Gervais LLP. Lisa practises in the area of Labour and Employment law. She can be reached at 416-367-6217 or lcabel@blg.com.
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Management
Encourage questions to improve open communication By Timothy Bednarz
Leaders are confident that they are capable, through their actions and
attitudes, of creating a healthy work environment. They foster open communication that encourages employees to freely ask questions and discuss any concerns. 24 CONDOBUSINESS | www.condobusiness.ca
Management
Besides vocally encouraging employees, leaders must also support their people with actions. Specifically, leaders should be open and receptive when approached with a question, no matter how trivial the subject. Leaders who simply brush - off the questioner openly convey that questions are not welcome or there is no time to discuss them. Consequently, they undermine the process of open communication.
True leadership requires open and regular interaction between leaders and employees. Leaders understand that they cannot lead from their office or behind a desk: to get a sense of what is actually happening in their organization, they must be actively involved. It is impor tant to understand that good leadership doesn't demand leaders directly help employees perform their jobs. Rather, by simply maintaining an active awareness of what is going on in their organization, leaders can anticipate problems and opportunities, and respond accordingly. Furthermore, when leaders communicate and maintain a presence with their employees, they establish
great rapport. As a result, employee trust and loyalty deepens and organizational cohesiveness broadens. Leaders can encourage open communication with their employees by practicing the following techniques. Encourage questions Leaders work with employees who have various levels of self-confidence and selfesteem. They must encourage everyone to regularly ask questions. This kind of interaction makes employees more comfortable with the concept of speaking up and it also gives them confidence to approach the leader without hesitation or procrastination when the need arises.
Look for opportunities to ask questions Leaders must not passively wait for their employees to come to them with questions. The nature of leadership demands being out among employees, asking questions and soliciting input. In this fashion, leaders can communicate their interests to each employee while keeping tabs on the activities and direction of the organization. Thus, they can anticipate and handle an issue before it explodes into a major problem. M oreover, w hen le aders ac tivel y solicit questions and answers, they communicate care and concern for their employees and the entire organization. Ask 'personally' In the age of instant electronic communication, it is important for leaders to ask questions in person. Email doesn't communicate the tone and nonverbal cues that people often require to fully understand a question. Additionally, face -to -face questions give leaders the opportunity to clearly explain their intentions and get a more comprehensive answer. While email may be efficient, leaders August 2012 25
Management
“Many employees who are
uncomfortable with email might not even attempt to reply unless forced to.” should understand that not all employees are good writers and, therefore, some may not have the ability to communicate adequately in this medium. Many employees who are uncomfortable with email might not even attempt to reply unless forced to; in which case, responses will tend to be short and/or incomplete. Respect the questioner In the daily workplace routine, it is not uncommon for a leader to hear a range of questions, from trivial to extremely important. In an open communication environment, leaders know they must treat ever y question and questioner w i t h re s p e c t , eve n i f t h e to p i c i s trivial or lacks urgency. Rather than embarrass or alienate the questioner,
g o o d l e a d e r s v a l i d a te t h e s p e c i f i c question and thank the employee for bringing it to their attention. Listen actively W hen approached with a question, leaders know that it is important to give the employee their undivided attention. However, if the leader's attention is necessitated elsewhere, they should ask the employee if the question could be discussed later, at a specific time convenient for both. The time selected must be sufficient for a full discussion, w i t h o u t a ny u r g e n c y to h u r r y t h e process along. Once the appointment is set, leaders make a point to keep it. Again, ef fective leaders strive to always encourage open communication
through their actions and receptivit y to questions. However, circumstances and the workplace environment may not always make this practical. In such cases, rather than be short and appear to disregard the employee's question, leaders need to explain that the timing is simply not right and that they would like to talk when they can provide the needed time and at tention both the employee and the question deserves. When finally discussing a question in-depth, leaders should paraphrase parts of the question or the entire question back to the employee to help clarify and understand the concerns being raised. Be cooperative In most workplace environments,
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management leaders are dealing with daily p ro b l e m s a n d i s su e s t h at p ro d u c e var ying degrees of stress. Under these circumst ances, it is easy for any individual to appear defensive or ad versarial when asked a question, especially an unexpected one. E f fe c t i ve l e a d e r s , h o w eve r, w i l l m aint ain a c onsistent at titu d e and posture that fosters a cooperative spirit within their organizational unit. They keep a friendly and open demeanor with their employees by paying attention to
their own moods, habits, attitudes, body language and tone of voice. Take responsibility but don't solve every problem All people in ever y organization have limits and responsibilities. W hen approached with questions, a leader should not respond by doing the employee's work for him or her. But there are times when the leader is responsible for developing a solution. The key is to understand the
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appropriate response for the particular question. Leaders need to set firm and fair limits on what they are willing and able to do so that employees don' t place unreasonable demands on their time and energy. At the same time, it is unrealistic for leaders to expect their employees to solve ever y problem without guidance. Generally, the ap propriate c ourse of ac tion is somewhere in the middle, where the employee and the leader brainstorm to arrive at an acceptable solution. Follow up O pen communic ation demands that leaders follow up on their responses to employee questions by making sure the solution is understood, acceptable and implemented. Obviously, the degree of follow-up needs to be proportionate to the question's impact and importance. That is, small problems probably only need a simple follow - up question to make sure that things are g oing alright, while bigger problems could necessit ate a series of subsequent meetings. F o l l o w - u p ke e p s c o m m u n i c a t i o n with employees open because it of ten trig gers additional questions, input and feedback. In this way, the c ommunic ation pro cess b ec omes a continuous, effective loop.1 Timothy F. Bednarz, Ph.D. is an author and publisher with Majorium Business Press. H e i s t h e a u t h o r o f G re a t! W h a t M a ke s Le a d e rs G re a t: W h a t Th e y Did, How They Did It and What You C an Le arn Fro m It. C o nta ct him at ti m o t h y. b e d n a r z @ m a j o ri u m . c o m o r 715.342.1018. M aj o riu m Bu si ness Press is i n the b u s i n e s s o f h e l p i n g p e o p l e to b e better at what they do, whether they are employees, m anagers, trainers, business owners, or consultants. It supplies expertise through its unique professional development library of over 125 books that educate individuals to learn new skills, or enhance existing ones to solve problems and improve their performanc e. This artic le was originally published at m ajorium. wordpress.com.
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Maintenance
Cover all the bases when choosing flooring By Robert Kravitz
Recently, owners of a 23-storey
condominium complex, remodeled the building’s common areas. One of their biggest decisions was what type of floor covering
to install in the various locations. Many on the condo’s board wanted no carpeting installed in the building at all—even in the hallways. This is because the existing ten-year-old carpeting was heavily spotted and soiled, and most of the spots returned after cleaning. The hard-surface floors were another issue. Over the years, the ceramic tiles installed in the lobby had loosened and lifted so that some tiles were higher than others. Many of these areas had to be covered with mats to help prevent slips, trips or falls. Additionally, the tile was white—not necessarily the best colour for a heavily trafficked entry. Selecting the right flooring is a key concern in all condominium properties. And ensuring that whatever flooring is chosen is properly installed and maintained is crucial as well.
The Carpet and Rug Institute reports that improper carpet installation and care are top reasons for carpet failures, meaning the carpet has to be removed, reinstalled or replaced. Similarly, there can be hard-surface floor failures. Tile, stone, ceramic, and even cement floors that are installed improperly typically have a shorter life span, are often harder to clean and maintain, do not wear well, and—as with the referred to earlier—can even prove to be dangerous.
30 CONDOBUSINESS | www.condobusiness.ca
Proper carpet selection When selecting new carpet, one of the first things most developers/managers do is focus on the colour and design, referred to as the face of the carpet; however, in many situations, this should be the last consideration. In most cases, the back of the carpet should be the first consideration. Types of carpets called broadloom c ar p et s are c omm onl y inst alle d in re s i d e nt i a l a s we ll a s c o m m e rc i a l locations. Although they can be attractive,
maintenance
broadloom carpets have a porous backing. Spilled materials, food, and moisture can seep through the backing, causing it to become a reservoir for bacteria, mould, fungi, and mildew to develop. Usually the only indication a problem might be brewing is odours emanating from the floor. By the time this happens, the carpet may have to be removed and the underfloor cleaned, which can be costly and disruptive. A more practical option that can help prevent such problems is the installation of structured - back carpeting such as carpet tiles. With this type of carpeting, spills and debris stay on the surface of the carpet, do not seep through the backing and can typically be removed with proper vacuuming or carpet extraction. Another consideration is the carpet pile. For our purposes, this refers to the thickness of the carpet and the length of the fibers. While a high-pile carpet is attractive, a lower-pile carpet is less likely to shrink, stretch, or ripple. Further, it is easier to walk on, which might be a consideration if residents are older or are maneuvering carts over the carpet. Now we can talk about the face of the carpet. In our example, the carpeting was a light grey. The light colour made spills and stains all the more evident. Further, light-coloured carpets lend themselves to rapid resoiling. This can be caused, for instance, if some chemical residue is left in the carpet after cleaning. The chemical acts as a magnet, pulling soils and stains off shoe bottoms and onto the carpet face, to everyone’s chagrin. As to cleaning, in most cases, carpets should be cleaned using the carpet extraction method. Often this will be one of the requirements in order for the carpet’s warranty to be honoured. Proper hard-surface floor selection Most condo properties select a hardsurface floor for the lobby with carpeting in hallways to help quiet the building. A lthough there c an b e inst allation problems, a wide selection of hard sur face floors are available that are durable if properly installed. Let’s go back to our example. Floor failure such as the ceramic tiles lifting t y p i c a ll y h a p p e n s w h e n s o a p a n d detergent residue, soils and moisture seep
Read the warranty Many carpet manufacturers believe they have been too liberal with their carpet warranties over the years, which has cost them considerable sums of money. Because of this, they now place greater responsibility on the building manager to make sure the carpet is properly cared for and installed in order to meet the warranty specifications. As a result, managers must read the fine print and should ask questions as a final step in carpet selection so that they thoroughly understand the warranty’s details.
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through the grouting or pores of the tile to the subfloor below. Often this happens if the floor has large grouted areas between the tiles or was not properly grouted when installed in the first place. Or it can simply happen over time, with age. As contaminants build underneath the tile, they loosen the tile, causing it to shift, lift and buckle. W hile ceramic flooring can be an excellent choice for a lobby floor, to avoid
flooring failures, proper installation is vital. The board at the decided to remove the ceramic tiles and install a slate floor instead. The slate floor was less porous than the old ceramic floor and the grout areas were thin to help prevent moisture and contaminants from seeping through. Once it is installed, one of the big concerns with a hard-surface floor is maintenance. In larger areas, auto scrubbers are brought in to clean hard-
Slips and falls Some hard-surface floors as well as some floorcare cleaning equipment are now certified by the independent National Floor Safety Institute. This means they meet specific criteria indicating they can help prevent slip-and-fall accidents. Building managers should look for this certification on the hard-surface floors they select as well as the equipment they choose to use for cleaning.
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sur face flo oring. T hese ef fec tivel y wash and rinse floors and remove soils and moisture all in one pass. But most systems are far too large and costly for a condominium lobby. Because of this, most hard-surface floors in condominiums are mopped, which can be a slow process and often simply moves soils from one area to another without really removing them from the floor’s surface. Because maintenance is such a key concern, an option building owners/ managers have now is to use “auto vac” cleaning systems. W ith these systems, a trolley bucket dispenses fresh cleaning solution to floors. As it does, the solution is spread evenly over the floor and a squeegee and vacuum system collects the moisture along with soils and contaminants. Making the right floor covering selection and then installing and maintaining it properly can result in years of durable service and a significant cost savings. As a result, building owners, developers and managers should take their time when making floor covering selections, consider all ramifications and make sure they have systems in place to properly care for the flooring once it is installed. 1 R o b er t Kravitz is a fo rmer build ing service contractor and now a writer for the professional cleaning and building industries. He may be reached at 773525-3021. Fo r m o re i nfo rm ati o n fro m R o b e r t Kravitz on c ho osing flo oring see www.condobusiness.ca.
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management design
Owner engagement and refurbishment projects By Phil von Massow
Often a board of directors and property manager find the process of
refurbishing common areas of a condominium to be onerous and divisive. The
process starts in much the same way in almost every condominium community, with a collective
desire within the community to update the décor. But like all homeowners, condominium owners come with a variety of reasons to pursue this change. Whether it is to replace worn and damaged materials, upgrade and update out of style décor or improve the investment value of their home in a competitive real estate market, condominium owners usually agree on one thing – it is time. It is the job of the board and property manager to manage, direct and refine these desires.
34 CONDOBUSINESS | www.condobusiness.ca
design
A key component in managing a refurbishment project is communication. Communication helps to keep owners informed of the changes taking place in their community. No owner has ever complained that there has been too much information on a project’s development. Updates in the community’s regular newsletter or a similar communication solely dedicated to the project are highly recommended. Each milestone should be fully disclosed and explained so that rumour does not become the overarching method of communication. When the time is right, owners will be eager to voice their opinion. To be a successful refurbishment project, both the board and property manager must, in some way, engage the input of the owners. This collaborative process helps to avoid marginalizing those owners genuinely interested in the outcome of the project. The owner engagement process often starts with a design committee. Made up of owners who express an interest in helping direct the design, this first step will help the board avoid any criticism that decisions are being made in a vacuum. Property managers and boards know that everyone has an opinion, but not everyone can dedicate the time it takes to see a refurbishment project through its development. In some communities there is an abundance of interest, in which case the board must find a way to narrow down the numbers, while in other communities only a few parties step forward to help in the design process. The design committee’s mandate is to pick design options that will satisfy the majority of the owners. One hundred per cent agreement is virtually impossible. It becomes a delicate balance to strike, finding a style that most owners don’t find offensive or better yet, like. To negotiate this balance, an experienced condominium designer’s services should be engaged. This may be in conjunction with a design / build firm or independent of the contractor. To expect the design committee to choose between all manner of carpet, tiles, wall covering and lighting fixtures, and then choose a colour scheme to compliment the community is not only unreasonable but invites unnecessary criticism. With a professional designer, critical owners will not be able to blame their neighbours for their lack of “good taste.” Professional design allows for a greater breadth of product knowledge, improved
“Design should inspire,
motivate and capture the attention of not only the residents, but potential residents as well.” August 2012 35
design aesthetics and generally a better overall experience for the condominium community. The designer will audit all existing finishes and consider the building demographics before refining the design direction. Often, a survey will be used to poll the owners’ impression of the overall existing design, commenting on specifics such as the lighting, design styles and element conditions. Again, this tool allows interested parties to have an input in the process. The design committee needs to be able to listen to the many voices and opinions and consider options which may be contrary to their own ideas. Along with design, another concern to address is ‘green’ initiatives. As responsible consumers, most owners want to ensure that they are taking the environment into consideration. The refurbishment process generates a substantial amount of waste which can be diverted from landfill, if properly managed. Green initiatives, based on the concept of waste diversion and the introduction of sustainable building materials, can still be cost effective. By addressing these concerns in advance, residents who feel strongly about the condominium
Contractors should be directed to include: Recycling of existing carpet; Recycling of existing wall coverings; Low VOC to no VOC paints; Environmentally-friendly adhesives;
Energy efficient lighting solutions; Fully sustainable carpet and wall coverings.
corporation’s environmental footprint will appreciate the efforts that have been taken. As the design process draws to a close, an important step in the owner engagement process is to allow for a voting process to take place. In some cases, a town hall format works: where the designer presents two options to the ownership for questions. In other situations, the two design options are left for viewing (actual mock-ups or a collection of sample materials). Both approaches include a voting mechanism to ensure that the final design is one that most owners have had the opportunity to become familiar with and are happy with. It is not necessary to employ all of the above engagement tactics, however, by
doing so may alleviate the divisive nature of décor decisions. Design should inspire, motivate and capture the attention of not only the residents, but potential residents as well. Refurbishment has obvious aesthetic and return on investment benefits, but it makes no sense to invest time and money without maximizing owner engagement from the beginning. 1 Phil von Massow is a Principle of CPL condominium design interiors. CPL provides design / build interior refurbishment solutions to condominium clients in the greater Toronto area. For more information about services offered please visit www.cplgroup.ca or call 905-637-7999.
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August 37 12-08-152012 1:42 PM
Regulations
Elevator brake prohibited in Ontario, permitted elsewhere in Canada
By Barbara Carss
A new round of legal proceedings is underway in Ontario where building owners are seeking compensation for costs related to an
elevator mechanism that the province’s Technical Standards and Safety Authority (TSSA) ordered replaced more than five years ago. The Ontario Court has certified a Class lawsuit with the Toronto Community Housing Corporation as the representative plaintiff for owners of more than 2,030 safety brakes commonly known as sheave jammers that were designed, manufactured, sold and/or installed by ThyssenKrupp Elevator (Canada) Limited/ThyssenKrupp Northern Elevator Corporation. 38 CONDOBUSINESS | www.condobusiness.ca
Regulations
The TSSA instructed elevator owners to replace the equipment on December 5, 2006 – a more stringent revision to an earlier order that would have allowed them to retrofit the device. Owners were initially given a deadline of August 1, 2007 to comply, but this period had to be extended somewhat due to the volume of work required, which created supply and labour backlogs. “The sheave jammer was a standard design that N or thern Elevator used from 1990 to 2005 and it sold a lot of elevators in that time,” observes Cliff Ayling, an elevating devices specialist and Principal with Ayling Consulting Services Inc. “It’s a decade-and-a-half worth of elevators produced by one of the dominant manufacturers in North America.”
Counterweight correction The sheave jammer was one of the most commonly implemented measures to provide so-called “up-fall” protection in traction elevators, which are c o unter wei g hte d fo r o p er atin g e f f i c i e n c y. O n t a r i o re g u l a to r s intro duced this s afet y re quirement af te r wo r ke r f a t a l i t i e s o n a towe r c onstruc tion site in Toronto in the l ate 19 8 0 s. O ther N or th A mer ic an jurisdictions then followed suit. “If there are only one or two people in an elevator cab, it weighs less than its counterweight. If the system fails, gravity will pull the cab upward,” Ayling explains. “In response to the safet y regulation, there were really just four methods, in the end, that were used. The sheave jammer works in a similar fashion to the way a brake works on a bicycle rim and essentially causes the sheave to stop.” O ther options on the market i n c l u d e d : a d o u b l e b r a ke s y s t e m that provides safety redundancy; the BODE brake, which was less popular because it requires a compressor; and the Hollister- W hitney Rope Gripper,
which clamps onto the elevator ropes (cables) to halt its movement. The rope gripper bec ame the most prevalent replacement choice to comply with the TSSA order. O nt a r i o’s n ew h o m e w a r r a nt y insurance program, TARION Warranty Corporation, insulated those condominium corporations still within the seven -year window for coverage of major structural defects, at a cost of nearly $2.9 million to the insurer. However, this created two categories of owners within the sector. “There are those who had it covered b y TA R I O N a n d t h o s e w h o p a i d themselves,” reports Sally Thompson, an engineer with Halsall Associates and a member of the board of directors of the Canadian Condominium Institute’s Toronto chapter. The Class action documentation pegs those replacement costs at $10,000 to $15,000 per elevator. Notably, Toronto Community Housing Corporation paid approximately $ 2 million to replace 167 sheave jammers in it properties, including associated service fees to its maintenance contractor, ThyssenKrupp. August 2012 39
regulations
ThyssenKrupp denies the plaintiffs’ alle g ations that its e quipment was dangerous, defective and negligently p ro d u c e d a n d s o l d . I t a l s o rej e c t s the claim that it was obliged under maintenance contracts to replace the devices at no cost. Jurisdictional variance Although they are no longer a feature in new elevators, sheave jammers are still permitted and in service in other C anadian provinces. Regardless, all owners/operators must adhere to CSA B4 4, the Canadian code for elevating devices, which mandates annual i n s p e c t i o n a n d te s t i n g o f d e v i c e s that per form up -fall protection. “The requirement for that, in fact, is how some of the problems came to light,” Ayling notes. Some provinces also have targeted re q u irements for the ThyssenK rupp Northern Elevator devices. Most recently, British C olumbia’s S afet y Authorit y issued an order in March 2012 stipulating
t h a t t h e s h e ave j a m m e r m u s t b e dismantled annually, cleaned according to the manufacturer’s specifications and tested following reassembly. These are suggested solutions for cleaning a n d m a i nt a i n i n g c o m p o n e n t s t h a t ThyssenKrupp also put forward to address the TSSA’s initial concerns about the equipment’s tendency to malfunction during testing. In Ontario, regulator y compliance has long since outdistanced the pace of litigation. Given the TSSA’s inspection oversight, informed observers say it is unlikely sheave jammers could still be found in any operating elevators. Meanwhile, after a three -year p ro c e s s to c e r t i f y t h e C l a s s s u i t , the c ase is re all y b e g innin g anew. Cer tification simply establishes that there are common issues that apply across the Class. The plaintiffs will now have to prove the merits of their claims. “We’re still at fairly early stages of discovery, but because of all the work we’ve done to certify the Class, we feel
we are in a good position to proceed,” says Linda Rothstein, a Par tner with Paliare Roland LLP, who is one of the lawyers representing the plaintiffs. U p o n c er tific atio n, all ow ner s of elevators that were outfitted with the sheave jammers were automatic ally designated members of the Class and had until May 31, 2012 to formally opt out if they did not wish to participate. Lawyers with Paliare Roland advise all prospective par ticipants to preser ve per tinent documentation such as: purchase, installation and maintenance contracts; maintenance records and log books; and incident reports related to the sheave jammers. 1
For more information about the Class proceeding, see Paliare Roland LLP’s website at http://www.paliareroland. com/Elevator-Class-Action.asp. This article was originally published in the July 2012 edition of Canadian Property Management.
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Builder Bulletin Regulatory Changes to Tarion The Tarion Warranty Corp. has introduced a number of significant program changes that will affect all condominium projects. What does this mean to you? Now available online, this V-Report provides important information on the revisions to the major structural defect warranty, delayed closing warranty and construction performance guidelines for common elements. Learn from the experts about these changes, other proposed revisions and how they will impact the industry.
Kevin Brodie
Leor Margulies
Director, Condominium Common Element Claims Tarion Warranty Corp.
Partner Robins Appleby & Taub LLP
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SMART IDEAS
Gross grills
By the end of the summer, communal barbeques can turn even the sturdiest of appetites. Turn grime to shine in no time with these easy tips.
Have cleaning supplies ready. In order to sanitize and deep clean the grill, provide the following products: a brass wire brush, small pail to hold hot water, dish soap, venturi brush, a 1/16” drill bit, replacement grease cups, spatula, stainless steel cleaner and some fine sandpaper.
Give the grill a good cleaning. • Start with the burners. It is easier to detach the burners and take them out of the grill for a very thorough cleaning. Pass a venturi brush through the burners to snag out any blockages, then brush the tops of the burners using a brass wire brush. Once the burners are cleaned, check all of the burner ports to ensure that they are opened. If some are closed with food particles use a 1/16” drill bit to open them. • Sear plates and cooking grills should be washed with hot soapy water. Simply brush the top side of cooking grills with a little oil to re-season them. • Hot soapy water works wonders on the cast base and sides of the grill and to remove grease splatters on the outside of the grill. For porcelain lids, a thorough washing should suffice. For stainless steel lids, a stainless steel cleaner should be used to remove any discoloring. • Lastly, use a spatula to scrape grease from the inside of the base all the way down towards the drip pan. Remove the drip pan and give it a good washing and be sure to replace the tin foil grease catcher.
Do a complete leak test of the grill. A leak test should be performed any time the grill has been in storage for a prolonged length of time or when you are changing any components on the grill. For complete leak test information, see www.napoleongrills.com to view the leak test video.
Inspect all hoses and feed tubes. Once cleaning is done, it is a good idea to visually inspect all hoses and feed tubes on the grill. Look for any crimps, scratching and/or punctures. If you detect any of these, it is time to replace the hoses.
Check all ignition parts. Now that the grill is clean and safe it is time to check out how it lights. For battery ignitions, it is a good idea to replace the batteries with new ones. Check all electrode leads and ensure the tips of the electrodes are clean and have no grease or rust build up on them, if they do you can use sandpaper to clean them.
42 CONDOBUSINESS | www.condobusiness.ca
Consider residents. Condominiums with residents with special diets can consider designating a barbeque for specific use. A community with a large number of vegetarians would benefit from a meat-free cooking surface for veggie burgers and grilled vegetables.
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