CONDO BUSINESS August 2019

Canada’s Most Widely Read Condominium Magazine

August 2019 • Vol. 34 #3

FINANCIAL STATEMENTS 101 What to know when looking after your books

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Preventing mismanaged finances Managing short-term condo rentals

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Contents FOCUS ON: FINANCE

DEPARTMENTS

12

Preventing mismanaged finances

By David Taub

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16

Financial statements 101

By Craig McMillan

Technology Pest control 2.0

By Sean Rollo

25

Legal Staying mindful of mental health

By Barbara Green

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Management Managing short-term condo rentals

By Denise Lash

20

Spending your security budget wisely

By Scott Hill

IN EVERY ISSUE

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EDITOR'S LETTER

By the numbers

Publisher Dan Christie

Welcome to the August 2019

edition of CondoBusiness magazine – an issue that finds the industry approaching a new season of colder conditions, stormy weather, market shifts, and a host of other influential factors.

Financial management is a topic that stays top-of-mind for condo stakeholders no matter the time of year. That's why we've spotlighted several issues that directly related to protecting a condo's bottom line. In our cover story, Financial statements 101, industry veteran Craig McMillan delivers a primer of common (and not-so-common) financial statement terms and considerations that should be of value to all condo stakeholders of all experience levels. Legal expert David Taub also provides an insightful look at protecting the integrity of condo boards in his piece, Preventing mismanaged finances; while security expert Scott Hill shares insights into how condos can protect their residents, assets, and finances in Spending your security budget wisely.

Condo finances is a topic that weaves into all facets of multi-res operations. Whether the mandate is to provide a safer and more enriching resident experience, support condo management and staff, protect assets against outside threats, or manage internal risks, everything comes at a cost which must be considered (and, likely, re-considered) to keep the books balanced. I hope you find the articles in this issue to be of some help as you go about tackling this ever-evolving challenge.

This is my second turn as editor of CondoBusiness Magazine. And while myself and the team at MediaEdge are always keeping an eye out for news and industry insights, I welcome you to reach out with your stories, feedback, and future article suggestions.

Editor Matthew Bradford Advertising Sales Kelly Nicholls Melissa Valentini Senior Designer Annette Carlucci Production Manager Rachel Selbie Contributing Writers Matthew Bradford, Barbara Green, Scott Hill, Denise Lash, Craig McMillan, Sean Rollo, David Taub Digital Media Director Steven Chester Subscription Rates 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.

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Reviewing cannabis use in condos It's been nearly a year since Canada legalized the use and growth of cannabis on October 17, 2018. And while it will take time to weigh the social and economic impact of this landmark legislation, the move has introduced new challenges and concerns for many industries, including property management. Here to discuss the legalities and realities of cannabis use in condominiums is Sonja Hodis, founder of HODISLAW. What impact does cannabis legalization have on property management?

The impact has not been as dramatic as some people anticipated.

In large part, this may be due to the proactive measures many condos took prior to legalization to outright ban smoking of any substance and the growing, harvesting, and distribution of cannabis. Many condo communities talked about what type of community they wanted and implemented provisions that met the needs of that community. That being said, cannabis legalization still raises some issues that property managers and directors should keep in mind.

8 CONDOBUSINESS | Part of the REMI Network

First, you can't treat cannabis any differently than other smoking/ smell nuisance complaints. While some people are more offended by the smell of cannabis as opposed to tobacco, you need to treat all “smell” complaints the same. At the end of the day, if you don’t have a rule or declaration amendment banning the substance specifically, it is a nuisance complaint where the only difference is the source of the odour.

Secondly, enforce consistently and don’t just pick on cannabis because the smell may be more offensive Selective enforcement will cause problems eventually. If you have rules or declaration amendments banning the smoking of cannabis and tobacco specifically, the enforcement procedure will be much easier as you

ASK THE EXPERT

a result of the change. In addition, you may want to review your existing indemnification provisions in your declaration or other governing documents to ensure that they are strong enough to allow the corporation to seek indemnification for any damage that may occur to the common elements and/or units as a result of growing cannabis. You will want to inspect units to make sure that those that have decided to grow cannabis have properly ventilated the unit to deal with the excess moisture and that they have not improperly altered electrical systems to accommodate the increased need for electricity required to grow plants. It may be a good idea to involve your engineer in this process to help identify potential problems.

Lastly, property managers and boards may want to review the insurance coverage for your condos to determine if there is any coverage or exclusions regarding damage due to growing cannabis in order to make sure that a condo is properly insured or that you are at least aware of the limits of your insurance coverage. If there are limits to your insurance coverage, you will want to make sure you have strong indemnification provisions in your governing documents regarding damage caused by growing of cannabis.

can enforce a strict objective prohibition provision of the substance instead of just a general nuisance provision, which is usually very subjective and hard to enforce. As always, any attempts at enforcement may be subject to accommodation requirements under the Human Rights Code.

Secondly, cannabis legalization brings with it a new issue that property managers and boards did not have to deal with prior to legalization, which is that a "residence" is allowed to grow up to four plants (and not four plants "per person"). Many condos have implemented rules or declaration changes that ban the growing of cannabis on common elements and/or in units. For those condos, the new issue you will be dealing with is another "rule" to enforce.

In order to enforce the rule, you may require more inspections to identify offenders, and you will need to keep an eye out for any potential signs of problems growing of cannabis can create, such as increased moisture levels, which can lead to mould or fire hazards from overloaded circuits or modifications to electrical systems.

Condos that have not banned the growing of cannabis will need to make sure owners are getting the proper approvals to make modifications to their units and/or the common elements if needed to be able to create the right environment for growing of cannabis. You will want to make sure that s. 98 agreements are entered into for changes to the common elements and that the proper indemnification provisions are present to protect the condominium from costs of any damage that may be caused as

What legal concerns does cannabis legislation raise for property owners?

I don’t think the smoking of cannabis raises new issues that smoking in general has not already raised from a legal perspective. The same issues owners face regarding smoking tobacco or other products or even cooking smells in general apply to smoking of cannabis. All these products are now legal.

However, owners need to be aware of the rules in their condo which may have changed as a result of the legalization of cannabis.

Many condo corporations took the opportunity that the legalization of cannabis brought to implement non-smoking and non-growing/ distribution/harvesting rules or declaration amendments for both cannabis and tobacco. These rules may not have existed at the time of purchase; however, there may now be changes to the declaration and/or rules that ban or restrict not only the smoking of cannabis but smoking in general of any product.

In addition, just like property managers and boards, owners did not have to deal with the issue of growing cannabis. The same issues described above apply to owners as well as property managers and boards.

Owners who rent out their unit will need to ensure their tenants are fully aware of the rules regarding cannabis and smoking in general in their condo as owners could be held liable for costs of enforcement against a tenant or damages caused by the tenant.

Finally, as moisture and fire can travel beyond unit boundaries, property owners will want to check with their insurance providers to confirm what (if any) coverage they have for damage that may be caused by the growing of cannabis in their unit and/ or another unit.

What are the most common cannabis-related disputes right now?

To date, the disputes have been focused on smoking-related issues and requests for accommodation, as opposed to growing or distribution issues. These types of disputes are not new, and I don't think we have seen any great spike in the number of complaints or enforcement proceedings because cannabis smoking is now legal.

www.REMInetwork.com | August 2019 9

ASK THE EXPERT As condo corporations have been implementing bans on smoking generally and specifically with respect to the growing of cannabis, what we have seen is an increase in requests for accommodation under the Human Rights Code. While these requests were present prior to the legalization of cannabis for recreational uses, they appear to have increased since legalization. As such, property managers and condo corporations need to make sure that they have a process in place to deal with these requests for accommodation and have qualified people dealing with these requests who understand not only the substantive obligation to accommodate but the procedural obligations as well.

In addition, the industry as a whole has seen a rise in the number of requests for accommodation from non-smokers who have disabilities affected by smoke or allergies to cannabis. These types of requests could potentially, in the context of cannabis used for medical purposes, raise the issue of competing requests for accommodation and make the handling of requests for accommodation more complex.

Overall, what advice would you offer property managers when it comes to accommodating residents who use cannabis?

My advice is that while condominium corporations are bound by the Human Rights Code and have a duty to accommodate, it is very important to remember that the duty to accommodate only requires the condominium to accommodate disability-related needs and not wants or desires. As such, when faced with a request for accommodation from a resident you first need to properly and

thoroughly investigate what the disability-related needs are. In some cases, the smoking of cannabis is not a disability related need but rather a preference. In other cases, smoking cannabis is a disability-related need. As such, do not paint every request for accommodation with the same brush. Treat each request as a new request and make sure you fulfil your procedural obligations. Understand what the individual who is making the request needs in terms of their disability.

Once you understand what the disability related needs are, the parties can then work towards a solution to meet accommodation requirements. If the parties can not agree on a solution, at least the corporation has taken steps towards fulfilling their procedural obligations.

Handling requests for accommodation can be difficult as they deal with sensitive issues. As condo corporations have both procedural duties and substantive duties to accommodate, it may be best to recommend that your boards seek legal advice immediately after a request for accommodation has been made. There are many examples in case law where condo corporations have been penalized financially for not fulfilling their procedural obligations even if accommodations have been made or are not required. The first steps you take are sometimes the most crucial in managing the condos liability. 1 Sonja Hodis is a condominium lawyer based in Barrie that practices condominium law in Ontario. She can be reached at (705) 737-4403, sonja@hodislaw.com, or at www.hodislaw.com.

NOTE: This article is provided as an information service and is a summary of current legal issues. The article is not meant as legal opinions and readers are cautioned to not act on the information provided without seeking legal advice with respect to their specific unique circumstances. Sonja Hodis, 2019, All Rights Reserved.

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FINANCE

Preventing mismanaged finances

With more people than ever living in condominiums, mismanaged

condo boards

BY DAVID TAUB

are becoming ever more prevalent. Is this a

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Whether by corruption or incompetence, condo boards that mismanage their multi - million dollar budgets and reser ve funds are a recurring problem. Legislation has now been enacted in an ef for t to rectif y some of the problems which, at their core, were permit ted by a failure to

properly regulate the management and operation of condominium corporations’ board of directors.

T he C ond ominium A c t stipulates that the role of the board of directors is to manage the af fairs of the condo corporation. In practice, most condo b oards deleg ate the d ay - to -

12 CONDOBUSINESS | Part of the REMI Network

day management to an independent property manager and focus instead on the governance of the corporation. As a result, boards typically oversee the management process, approve major projects and expenditures, and ensure that the collective and individual interests of the unit owners are being addressed.

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In recent years, the industry has seen a lack of transparency regarding the appointment and operations of condo boards, giving rise to financial issues.

Money has been stolen by dishonest boards and has been spent recklessly by inept boards. In some of these cases, the directors responsible did not even own or live in one of the condominium's units.

Corrupt, incompetent, or uncooperative boards There have been highly publicized situations where directors have diver ted funds from the condo budget to themselves, or received kickbacks where the condo corporation entered into contracts with its various service providers. One such scheme concerned a small group of people who took control of multiple condo boards in Greater Toronto and were accused of orchestrating the theft of hundreds of thousands of dollars from the c ondos' op erating bud gets.

In a separate incident, the unit owners of c ond o buildings in T hornhill were subjected to a special assessment of $1 million to cover shortfalls in the condo's budget and reserve fund. The owners said that they had no idea how or where the board is spending their money.

There have also been instances where 1:41 PM condo budgets have been depleted as a result of the irresponsible spending of incompetent condo boards. Sitting on a condo board is usually a volunteer job, with the only requirements under the Condominium Act being that the individuals must be over the age of 17, not bankrupt, and mentally competent.

As a result of these minimum qualifications, condo board directors often lack the appropriate knowledge, training, and financial experience to manage the corporation properly.

Amendments to the condominium act Allegations of corruption and mismanagement can only be resolved by either a police investigation or a lawsuit, both of which are reactive solutions.

In order to proactively address these issues, amendments to the Condominium Act came into effect on November 2017 and January 2018. The amendments were geared towards encouraging increased communication between condo boards and unit owners and enforcing training and disclosure requirements for directors. Four improvements created by the legislative amendments are as follows:

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One category of amendments is designed to educate both the unit owners and the directors in relation to the role and responsibilities of the condo board. Condo board directors now must undergo mandator y training to assist them in understanding their obligations and to provide them with tools for effective governance. In addition, the Province of Ontario published a condo guide to explain to unit owners how condominiums are governed. T hese changes help directors become more aware of their duties and increase owners' awareness of their rights. In turn, this should create more responsible boards.

2

There are also rules in place to enhance communication between the condo board and the unit owners, and to increase unit owners' access to condo corporations' records.

Condo boards now must issue information certificates containing information about the condo corporation's finances, reserve fund, legal proceedings, and other matters.

Directors now must make disclosures including whether they own a unit in the building, have a material interest in a contract, own a company that is a supplier to the condo (conflict of interest), or have been convicted of an offense under the Condominium Act. These changes will allow unit owners to monitor the board's activities and the directors' motives for sitting on the board. It should also become more difficult for non-owners to sit on the board, which is a desirable result.

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Other amendments are directed at increasing the financial transparency of the board. These amendments include requirements for the board to pass a by-law in order to borrow Goldview_Condo_July_2017.indd money, to prepare an annual budget, and to seek a written opinion from a reserve fund study provider where the amount of money in the corporation's reserve fund falls below a prescribed level. These changes will allow unit owners to know what the board is actually doing with their money.

4

An online "Condo Authority Tribunal" has been established to settle and decide record-related condominium disputes in a more timely and cost-effective manner. Any condo owner can file a case online for a $25 filing fee. To date, there have been 37 decisions released by the Tribunal, the majority of which have granted record requests from unit owners.

Under the old regime, a unit owner's only recourse would have been a lawsuit. Lawsuits are slow and expensive. The Tribunal is helping to increase the access of unit owners to information about their condo board's activities without the expense and delay of a lawsuit.

These amendments are all positive because they increase the overall transparency of condo boards in order to hold them more accountable for their actions, and to expose board members who are abusing or misusing their power.

Additionally, they educate directors and unit owners about their roles and responsibilities, which should create more competent boards. 1 David Taub is a litigator with Toronto business law firm Robins Appleby LLP.

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COVER STORY

FINANCIAL STATEMENT

COVER STORY

L TS 101

BY CRAIG MCMILLAN

Directors receive their corporation's financial statements for review every month or quarter, depending on the frequency of financial reporting. It can be overwhelming to determine how to best decipher the numbers, but reviewing the financial statements is a major part of any board meeting and requires participation from all directors and the condominium manager. www.REMInetwork.com | August 2019 17

COVER STORY

Breaking it down K nowing where to look – and what to look for – makes reviewing your statements easier. It will also bring to light any areas that require a deeper dive to ensure the corporation stays in a favourable financial position.

Let’s review the main report sections of each statement along with areas of note that can impact your condominium corporation.

Liabilities: Any funds the corporation owes , in c lu d in g a c c o unt s p aya b le, prepaid fees, accrued liabilities, and accrued audit fees.

Accounts: The Corporation has two bank accounts: an Operating account that deals with the day-to-day operations of the corporation and a Reserve Fund Account that funds major repairs and replacement of existing common element components. The available balances in these bank accounts are shown in the Balance Sheet.

Operating deficits: If your balance sheet is showing a deficit, getting to the root cause will be critical in addressing the deficit. Deficits occur for a few reasons: either a one-time event occurred that had to be paid from the operating account (and was, therefore, was not considered when the budget was prepared) or the budget did not anticipate or foresee increases in cer tain categories. The c ond ominium’s bud g et is set as a zero - based budget, meaning that the corporation intends to spend every cent it collects from the owners.

Balance Sheet: This is a report of the corporation's assets, liabilities, and equity. This part of the statement gives you a snapshot of the current financial position at the end of a month.

Assets: Any Investments the corporation has along with interest earned, and any accounts receivable that is owed to the corporation (basically, any money owed to the corporation or any asset that has value is listed in this section).

Equity: Is the term used to describe the combination of the Operating and Reser ve Fund account. Each fund’s Opening surplus/deficit, plus the current surplus/deficit and any interested earned, equals the equity in that fund.

Budget Comparison: This statement id entifies b oth monthl y and ye arl y budgeted amounts for each category, along with expenses incurred and income billed for each categor y. This budget comparison also has a section that outlines any variances for each category.

A review of the general ledger for that categor y can confirm why there is a variance. Sometimes, the variance can be explained due to an incorrect allocation or coding error, or it could be caused by a category that was under- budgeted, causing a variance in a categor y that was not known at the time the budget was prepared. The standard practice is to review each category, verify any increases for the fiscal year, and ensure any mid-year changes are pro-rated so the budget considers known increases and what they may be. This works well until unusual un - budgeted expenses hit and throw your carefully budgeted financial plan a curveball. Having some built- in budgetar y contingencies will help soften these events, if and when they occur.

Ag e d re c e iva b l e s: T h i s s t a te m e nt covers the balance of monies owed to the corporation from unit owners. If an owner is not up to date with their fees, this statement will show the amount they owe, the timeframe, as well as any late fees related to the collection o f t h e s e fe e s . R e m e m b e r t o l i e n before the 90 - day deadline to ensure collection.

Bank statement: In the financial statement package, there will be two bank statements: one for the operating account and the other for the reserve fund account. These bank statements will detail every deposit and cheque in that month, debit, credit, and balances, along with amounts for each transaction similar to your own personal bank account.

Inve s tme nt: If the corporation has investments with a financial institution, there will be a statement outlining the amount invested and date of purchase, along with interest being accrued and the interest rate being earned, maturity date, and the current total value of the investment.

Aged payable summary: All the funds the corporation owes to vendors. It will contain a list of each amount owed along with who it is owed to, and how long it has been owed (0 – 30 days and upwards to over 90 days).

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Accrued liabilities: Any funds that are known but no invoice has been received.

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Payment summary: A summary of all payments issued in the current month.

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2019-03-11 10:20 AM

General ledger (monthly): Generally loc ated at the end of the monthly statements, this provides limited details of each expense that occurred that month from each category in the budget. As such, if you see a variance in the budget comparison sheet, you can review the details of those expenses in the general ledger (e.g., the vendor, cost, and any notes).

T hi s a r t i c l e p rov i d e s a g u i d e to re a d i n g a n d b e t te r u n d e r s t a n d i n g your corporation's monthly financial statements. The financial health of the corporation is of ongoing importance and understanding the corporation's financial position helps to guide the board and provides greater confidence when making key decisions. 1 Craig McMillan president of Maple Ridge Community Management and a member of the Association of Condominium Managers of Ontario (ACMO) Communications Committee.

www.REMInetwork.com | August 2019 19

FINANCE

Spending your security budget wisely Condominiums have severa l choices when it comes to addressing

BY SCOTT

security concerns within the building. As is often is the case, these choices come with concerns about making the wrong choice.

On occasion, this "paralysis by analysis" can turn into a lack of progression as decisions get delayed in order to research each option thoroughly, thereby stalling the issue.

A united front One of the most important points that a condominium should keep in mind is that their security systems must be integrated. This means that all the different components of the security system (e.g., lighting, security cameras, access control, key procedures, etc.) must be harmonized so they are in sync with one another.

A basic (and common) example of security systems not integrated with each other is when a security camera is situated in a location with insufficient lighting. Although the camera may be of proper resolution and position, the lighting prevents the camera from operating at its optimum efficiency level.

20 CONDOBUSINESS | Part of the REMI Network

Knowing where you stand The first step in ensuring that the condominium has an integrated security system is to fully evaluate the security measures that are in place. This is usually done through a security audit. A security audit is defined as "an independent review of the effectiveness of the existing security measures by a qualified, impartial party." During this review, the security system will be evaluated and ranked according to risk, and you will receive recommendations to both reduce the risk and ensure that the security solutions are integrated.

It is important to note that each facility should have an independent review. The leading reference guides on security is ASIS’s Protection

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of Assets series. In the Physical Security section, it speaks to this topic and unequivocally states that each facility should have its own security plan. It is not recommended that facilities blindly copy what other buildings are doing, as it may be wrong or, at the very least, not effective for that particular property. Security solutions should be tailored to the individual condominium to ensure maximum protection.

Top security considerations When condominiums are looking at different security solutions that they may wish to integrate, there are three basic categories that they may choose from: Human Resources, technology, and policies/ procedures. As one may expect, the effectiveness of the security solutions is directly related to the cost of that security measure.

Human resources. This is most effective, and expansive, security solution and is usually in the form of a security guard or concierge posted on-site. Having a guard will allow the condominium to react in real-time to security events and will act as a security deterrent. A popular question that is often posed during the security audit is the effectiveness of the individual guards on site. The answer to this question is often a review of the training that the security company provides to their employees. For a condominium that is investing a significant budget in having a guard on site, it is critical to ensure that the security company understands condominiums. As well, it is equally important for the board of directors/property manager to

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“It is not recommended that facilities blindly copy what other buildings are doing, as it may be wrong or - at the very least - not effective for that particular property.”

review the post orders, which are a set of written instructions that detail the duties and expectations of the guards/concierge when on-site. No property should ever be without updated Post Orders.

Another option for condominiums which may not have the budget for a full-time security presence, is to have security on site during high-risk hours (approximately 10:00 PM to 6:00 AM) or even to contract with a company that provides mobile patrols. Once again, in order to achieve maximum return on the security investment, the expectations of the guards should be clearly defined, and a written report should be submitted after each patrol shift. In this manner, management can track the expenses, as well as identify reoccurring problems/security concerns.

Technology. The second most effective security measure, with a corresponding price tag, is the utilization of technology. Like all technology, as new equipment/devices are introduced, the costs of the older models are reduced. As a result, technologies like intrusion detection systems hat were currently beyond the budget of most condominiums are now readily available and are being implemented in condominiums with great success.

When Ontario increased the minimum wage, there were suppliers promoting technology as the primary alternative solution to the rising cost of having a guard/concierge on site. While technology has a definitive place in the overall security plan, it is only a critical piece of the puzzle and should be supported by other security measures. There are concerns about reaction time to cameras that are monitored. For example, it is not uncommon for perpetrators to ignore security cameras and wear hoodies to prevent themselves from being easily identified.

When it comes to technology, a condominium can ensure a proper return on their security dollars by confirming that the technology in place is operating at effective performance levels, as well as being integrated with other security solutions within the property.

As with all equipment in the condominium, security technology has a useful life and will eventually need to be replaced. For this reason, many condominiums commission a security audit in advance of the updating of their Reserve Fund Study (RFS). By having this report in advance, the condominium is able to direct the organization completing the RFS to incorporate any required replacements of the security equipment into the future funding schedule. This is a much more preferable solution as it is a proactive approach rather than a reactive one, such as in cases where a condominium waits for the equipment to fail and then scrambles to replace it before a security event takes place.

22 CONDOBUSINESS | Part of the REMI Network

Policies/procedures: This category usually has the lowest (or no) cost, but it is generally judged as the least effective/reliable.

The reason for this is that the effectiveness relies on the proper implementation by personnel. Once the human factor enters into the equation, there is the possibility of human error which, in turn, reduces the perception of effective security.

Despite this limitation, proper security policies/procedures are critical to a condominium’s overall security rating. They may be as simple as educating owners/residents on the dangers of letting a stranger “tailgate” (follow through an already open door) into the property. This can be done through condominium newsletters, signage on the doors, reminders at the Annual General Meeting, etc.

The more buy-in from the owners on these procedures, the safer the condominium becomes as there are more eyes watching. A note of caution is that residents should be instructed not to confront anyone attempting to enter the building, but instead retreat to a safe place and call the proper authorities (security guard on site, police, etc.).

Another policy that a condominium may wish to implement is regular audits of their access control system (Fob Audit). During many security audits, it is reported that management often does not know how many old fobs/keys are still in circulation (e.g., from residents who have moved or sold their units). A regularly scheduled Fob Audit is a process that can be implemented to ensure that only registered users are accessing the building.

Investing in peace of mind Within a condominium budget, security solutions compete with many other expenses – particularly when they are called from the operating budget. For this reason alone, condominium management should always ensure that the allocated security budget is being spent wisely and in the right areas. An audit of the existing security systems will prioritize the current risks that the condominium may be exposed to and identify the areas that need to be addressed. Once this has been established, the condominium may implement one of the three categories (or most likely a combination) to address this issue.

Ultimately, one thing that will never change is that the condominium will want to ensure that they are getting full value for their security investment. 1 Scott Hill is a security consultant with 3D Security Services. He has been a practicing RCM with ACMO since 2012, a Physical Security Professional (PSP) with ASIS and a Certified Security Project Manager (CSPM) with the Security Industry Association.

MAINTENANCE

Pest control 2.0 Pest control can be diff icult multi-family properties,

in

especially as propert y

BY SEAN ROLLO

managers have little to no control about the conditions in individual units that attract pests.

However, the pest control industry is continuously innovating, and pest control strategies are adapting to use more advanced technologies to help keep pests from eating away at your business. These new devices are all the buzz in the pest control industry and could help you manage common pests like bed bugs, birds, and rodents.

Sniffing around for bed bugs While canine bed bug inspections are not new, the techniques for training the dogs are ever-evolving. Bed bugs reproduce quickly, so it's crucial to detect and treat for bed bugs early. When there is a small, isolated bed bug issue, it can be difficult to locate the source of these pests. That is why pest control specialists use specially-trained canines to sniff out the presence of bed bugs before a full-fledged infestation occurs. In cases where bed bugs cannot be spotted but there is a reason to believe that bed bugs are present, specially-trained handlers bring bed bug dogs in to detect where these bed bugs are hiding.

To make canines even more effective, handlers are constantly improving their training approach. These canines can pinpoint the source of bed bugs and can even tell the difference between the smell of a live or dead bed bug. Once the dogs identify where bed bugs are inside the building, pest control specialists are able to treat accordingly.

Back off, birds Once birds settle down on your property, it can be challenging to get rid of them. Therefore, it is important to prevent pest birds from getting comfortable before they become an issue. To that end, some pest control specialists use special tools to stop birds from flying over or hanging around your property.

Today, there are optical devices on the market that can be used to deter birds from flying toward your building. The pyramid-shaped device can be placed on balconies and rooftops to prevent birds from getting close to the building. The device spins and reflects light from the sun, and these light beams disorient the birds, causing them to alter their flight path away from the building.

Running off rodents Rodent monitoring is at the cornerstone of rodent control. New rodent monitoring devices can alert pest control specialists to rodent activity as it occurs, allowing for faster response times and more strategic control methods. Although these gadgets are not being widely used

throughout the pest control industry, yet remote monitoring devices will be the future. These versatile devices can be placed in a variety of locations, including common areas, around the perimeter of a building and throughout the interior of your property.

Remote monitoring devices are a high-tech alternative to the traditional rodent trap. These devices send signals when rodent activity is detected, and there are a few different models currently in use: • Magnetic connection: Devices using a magnetic connection to send signals are some of the more basic types of detectors. When the connection is broken, a signal is sent to your pest control provider.

• Touch sensors: Traps with touch sensors can detect when an object is touching the inside of the trap. Once physical contact is detected, your pest control provider receives an alert that there is pest activity in the trap.

• Motion sensors: Traps with motion sensors alert your pest control provider when motion is sensed inside the trap.

• Heat sensors: Heat sensors inside some traps detect a change in temperature that indicates a rodent is present and sends a signal to your pest control provider.

• Multiple sensors: Some devices are making use of multiple combinations of the aforementioned sensors.

In addition to responding to rodent sightings in a timely fashion, it is also important to routinely monitor your property for pest activity in between sightings. Remote monitoring devices make this process easier by alerting your pest control provider to any potential pest issues – even when a technician is not physically there.

To find out which pest control technologies are right for your property, talk to your pest management provider. Every property is different and faces unique pest control challenges. Therefore, it is important to establish a customized pest management program that incorporates integrated pest management (IPM) best practices.

Your pest control provider can help you determine which of these technologies could work best to keep your business pest-free. 1 Sean Rollo is the Technical & Business Development Manager for Orkin Canada focusing on new innovations to the pest control industry. For more information, email Sean Rollo at srollo@orkincanada.com or visit www.orkincanada.com.

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24 CONDOBUSINESS | Part of the REMI Network

MANAGEMENT

Staying mindful of mental health In view of the aging population and the rising number of seniors opting for

BY BARBARA GREEN

condominium living, condominium boards need to be prepared to deal with residents with dementia. A recent meta-analysis

reported that the global prevalence of dementia is somewhere between 5 and 7 per cent in people aged 60 or over. By the age of 85 years and older, between 25 to 50 per cent of people display symptoms of dementia -- or more specifically Alzheimer's.

Dementia encompasses a number of diseases associated with a decline in cognitive abilities, including Alzheimer’s. Symptoms include memory loss, difficulties with thinking and problem-solving, and changes in mood and behaviour.

There have been cases before the courts considering instances when condominium residents with dementia have engaged in potentially dangerous activities such as leaving the stove, gas, or tap on in units, and creating an increased risk of fire or water damage. There have also been situations where condominium residents with dementia have exhibited aggressive or violent behaviour towards other residents. These types of actions pose safety risks to the individual, the other condominium residents, and the building.

In managing these safety concerns, condominium boards must be mindful of human rights protections afforded to individuals with a condition of mental impairment such as dementia. Every individual has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of disability.

C o n d o miniu m b o a rd s h ave a d u t y to a c c o mm o d ate residents with dementia up to the point of undue hardship.

T his dut y to accommodate takes precedence over the requirement under the C ondominium Act for residents to comply with the Act, the declaration, the by-laws, and the rules of the Condominium Corporation. As a practical result, if a condominium resident with dementia violates

www.REMInetwork.com | August 2019 25

MANAGEMENT

588 Edward Avenue, Unit 49, Richmond Hill, ON L4C 9Y6 P 905-737-0111 F 905-737-4046 (Guelph) P 519-827-1757

PRACTICAL APPROACHES

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Reserve Fund Studies

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Performance Audits

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Condition Assessments

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Specifications & Tendering

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Forensic Engineering

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Roof Consulting

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Construction Review

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Contract Administration

SENSIBLE RESULTS

“Condominium boards have a duty to accommodate residents with dementia up to the point of undue hardship.”

www.brownbeattie.com the Act, declaration, by - laws or rules, the Board cannot properly take action against him or her if it has not appropriately accommodated the resident.

So, What Can Condominium Boards Do to Protect their Interests?

Be proactive Condominium Boards may wish to: • Inform residents of safety modifications that can be made to their units, such as installing appliances with built-in safet y features and installing safet y equipment in the bathrooms.

• Collect the contact information of each resident's emergency contacts and/or family members on an annual basis.

over

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26 CONDOBUSINESS | Part of the REMI Network

• Ask residents with a Power of Attorney (also known as POAs) to file it with the Condominium Corporation. This is a good idea if the attorney anticipates having frequent interaction with the corporation on behalf of the unit owner.

Know who to contact for help I f a re s i d e nt c re a te s s a fe t y r i s k s , t h e c o n d o m i n i u m b o ard should know who to c ont ac t. In an emergenc y, the Condominium Board should contact the local police department. In other circumstances of concern, the resident's emergency contact, family member, and/or POA should be called to deal with the issue.

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2016-11-10

MANAGEMENT

If the resident does not have an emergency contact, family member, or POA, or the contacts are not being co-operative, the board can contact the Local Health Integration Network ( L H I N ), w hic h m ay p rov id e info r m atio n an d c o o rd in ate professional support and homemaking services for individuals with disabilities.

C What if the issue persists?

First, talk to the resident and family members. One option M is to have a discussion with the resident and his or her family Y members in order to find a solution that ensures the safety CM of all par ties. Solutions may include removing hazardous MY appliances from the individual’s unit, hiring a personal support worker for the individual, or moving the individual into CYan assisted living facility or nursing home.

CMY Second, seek legal advice. It is not a board's responsibility K to look after its aging residents. If a resident and his or her family members are not co-operating with the board in finding a solution, and accommodating that resident surpasses the point of undue hardship in terms of health and safety risks, the Condominium Corporation can bring an Application to court to seek relief under section 117 of the Condominium Act. Section 117 states that no person shall carry on an activity in a unit or in the common elements that is likely to damage the property or cause injury to an individual. It should be noted that only in very rare cases will relief include an order for the condominium resident to sell his or her unit.

That said, litigation should be seen as a last resort. Courts have responded negatively to Condominium Corporations that chose to "first litigate and only talk later" and have limited cost awards in order to discourage this behaviour.

Lastly, contact the office of the public guardian and trustee (PGT). In the event that the individual is incapable and does not have family members, the Condominium Board may wish to contact the PGT, the government body which undertakes to protect mentally incompetent adults from neglect, abuse and exploitation. The PGT may choose to conduct an investigation if the resident may be incapable and is at risk of suffering serious personal harm by living alone in his or her unit and there is no alternative solution available. An investigation could result in the PGT asking the court for authority to make decisions on the person’s behalf on a temporary basis.

Condominium boards should be mindful that the PGT's priority is to protect the interests of the incapable individual, not the Condominium Corporation.

When dealing with residents or tenants with various forms of dementia, condominium boards need to be sensitive to the circumstances. Having legal guidance and advice along the way is good condo governance and a matter of proper due diligence. 1

Barbara Green, a 20-year litigator, practices Estates Litigation, Employment Law and Litigation, and Commercial Litigation at Robins Appleby LLP. She would like to acknowledge and thank Robins Appleby student, Amelia Briggs-Morris, for her assistance in the preparation of this article.

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Jermark_QP_Condo_June_2016.indd 1

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MANAGEMENT

Managing short-term condo rentals The explosive growth of online short-term rental websites has caused

BY DENISE LASH

considerable controversy and concerns for condominium

corporations.

While some investor owners are listing their units on these websites in order the maximize the revenue generated from their units, many resident owners do not welcome short-term rentals.

Short-term rentals have several negative ramifications. In addition to detracting from the sense of community that many permanent residents desire, they can raise concerns about safety with so many strangers coming and going at all hours.

Moreover, short-term rentals can lead to increased wear and tear on the common elements, lead to inappropriate behaviour by short-term renters interferes with the quiet enjoyment of residents, and generally

create a situation where the condominium becomes, in ef fect, an unlicensed, unregulated hotel.

While short-term rental websites may have started with homeowner hosts trying to generate extra income by renting out a spare bedroom, things have certainly changed.

Many short-term rental accommodation listings and revenue come from hosts who are commercial operators running a full-time rental business within their residential units.

28 CONDOBUSINESS | Part of the REMI Network

At the present time in Ontario, there is no legislation that regulates or restricts short-term rentals. While the City of Toronto adopted regulations to license, register, and regulate short-term rental companies and impose a municipal accommodation tax on short-term rentals, those regulations are not in effect pending the outcome of an appeal of the City’s zoning by-law amendments permitting short-term rentals.

MANAGEMENT

With no g ove r n m e nt a l re g u l a t i o n i n p l a c e, i t i s u p to c o n d o m i n i u m corporations to implement measures to address the concerns resulting from short-term rentals. Different measures will need to be taken depending on whether the corporation’s declaration prohibits or permits short-term rentals.

Condos with declarations that specifically prohibit short-term rental If a condominium declaration prohibits short-term rentals, the corporation has a statutory duty to enforce the declaration.

There is no option to turn a blind eye and allow short-term rentals.

The corporation should ensure that residents are familiar with the corporation’s documents by circulating the provisions that prohibit short-term rentals to each owner and resident and posting them in elevators or on bulletin b o ards reminding resid ents of the prohibition. Residents should be directed to immediately inform on-site security or property management if they suspect that units are being used for short-term stays and to document all observations. Front desk security/concierge staff should be vigilant and watch for people coming and going from the building with suitcases.

If short-term rentals are suspected, the management or the concierge should look at the short-term rental websites to see the online advertisement being used to market the unit. Any evidence that is gathered will assist with enforcement.

Corporations should promptly notify offenders in writing of their non-compliance and demand that use of the unit for shortterm stays cease immediately. If the noncompliance continues, the matter should be escalated to legal counsel where the complaints, advertisements, or incident reports gathered will assist with effective and timely enforcement (and recovery of all legal fees).

In order to make it more difficult from a practical perspective to rent units on a short-term basis, the corporation can enact rules that limit access to key fobs to owners and residents. Fobs should be issued in person only to those whose identity and residence has been verified by two pieces of original governmentissued photo identification and only one per person.

Condominiums with declarations that permit short-term rentals Some condominium declarations specifically permit short-term rentals, while other declarations are silent about short-term rentals. In either case, the corporation can take steps to amend the declaration to prohibit short-term rentals. In order to do so, the written consent of the owners of at least 80 per cent of the units must be obtained.

This is a high threshold that is very difficult to obtain, especially if there are a large number of investor owners who do not want to be limited in the rental of their units.

If the declaration is silent about shortterm rentals, the corporation can enact rules that prohibit short-term rentals.

Enacting rules is easier than amending the declaration. Notice of the proposed rules must be given to the owners, who will have the opportunity to requisition a meeting. If a meeting is requisitioned, the owners will vote against the rules. The threshold is the majority of votes cast by owners present at the meeting either in person or by proxy. If the threshold for the vote is not obtained, the rules will come into effect. If no meeting is requisitioned, then the rules become effective 31 days after the board has given notice of the rules to the owners.

If the declaration specifically permits short-term rentals, the corporation cannot take any steps to prohibit short-term rentals.

However, corporations whose declarations permit short-term rentals can enact rules that regulate them. Such rules could provide for the following: • Require short-term rental hosts to enter into an agreement with the corporation before making the unit available for shortterm rentals.

• Require hosts to obtain and provide written proof of insurance coverage for short-term rentals.

• Require hosts to provide the names and addresses of the short-term renters and the duration of their stay.

• Prohibit short-term renters from using any of the facilities or amenities of the corporation.

• Require hosts to obtain at their cost a special short-term renter key fob and prohibit the host from providing any other key fob to short-term renters.

• Prohibit hosts from using front desk security/concierge to drop off and pick up key fobs.

Corporations can also enrol in Airbnb’s Friendl y Buildings pro gram, as this will give the corporation more control over the Airbnb activities in the condominium. The program implements a number of measures that will benefit the corporation: • The corporation will be provided with information about which units are being rented through Airbnb, the dates that guests check in and out and the number of guests.

• All guests will be required to provide government-issued ID to Airbnb.

• Airbnb will conduct checks on guests and will only allow Airbnb guests who have 100% positive reviews.

• A i r b n b ’s p r o p e r t y a n d l i a b i l i t y insurance will be extended to cover the corporation and the common elements.

• The corporation will receive a portion of the revenue from the rentals to compensate for the increased wear and tear on the common elements and increased security costs resulting from short-term rentals.

• Airbnb will refuse to allow hosts to use its booking platform if there are too many complaints (e.g., nuisance, noise) generating from the rentals.

• T he pro gram gives c ond ominium management the right to approve or decline each host’s listing before it goes live on the site.

• Once a condominium is registered as an Airbnb-friendly building, hosts cannot become an Airbnb host outside the program. Whenever a resident in the condominium decides to host and enters their address in the Airbnb system, they are automatically routed to the condominium hosting rules and commission percentage payable to the condominium corporation.

Many condominiums whose declarations permit short-term rentals have realized that short-term rentals are here to stay and that rather than trying to ban them outr ight. T herefore, it m akes more sense to take measures to regulate them and give the corporation some c o nt ro l ove r t h e s h o r t - te r m re nt a l activities in the condominium. 1 Denise Lash is the Founder of Lash Condo Law.

www.REMInetwork.com | August 2019 29

NEW AND NOTABLE

Mississauga council endorses waterfront development The Port Credit West Village Partners (WVP) is moving closer to launching a massive waterfront redevelopment project in Mississauga, Ontario.

WVP is a group comprised of four Canadian firms, including Kilmer Group, Dream Unlimited Corp, Diamond Corp, and FRAM + Slokker. This summer, the consortium received Mississauga City Council's endorsement for its Brightwater master-planned community, an estimated $2 billion initiative that aims to transform the former Imperial Oil Lands at 70 Mississauga Road South and 181 Lakeshore Road West into a revitalized district.

Current plans include the development of 2,500 condo units, 400 townhouses, over 14 acres of public parks, and 300,000-plus square feet retail and commercial offerings along Lakeshore Road West and on the waterfront.

“I am pleased that we are moving forward with next steps to revitalize these former brownfield lands into a vibrant waterfront destination that will attract residents from Mississauga and beyond,” said Mississauga Mayor Bonnie Crombie in a press statement, 30 CONDOBUSINESS | Part of the REMI Network

adding, “As an important city-building initiative, this redevelopment will drive tourism, create jobs and boost economic growth, helping put Mississauga on the international map. We will continue to work together to ensure our vision to transform the waterfront becomes a reality.”

Upon receiving an endorsement from the Mississauga Council, the Brightwater project was sent for approval with the Ontario's Local Planning Appeal Tribunal (LPAT). The proposal received approval in principle on August 7, 2019, and an approval order will be issued once WVP's planning instruments have been finalized.

“After over two years of a complex approvals process, we are very excited about this milestone and look forward to continuing to work with City of Mississauga staff and the Port Credit community to deliver our exciting vision for Brightwater into a reality,” said Emily Rosen, development planner with Diamond Corp. 1

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