CondoBusiness * June 2019

Canada’s Most Widely Read Condominium Magazine

June/July 2019 • Vol. 34 #2

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Condo tech spotlight & Who's Who 2019

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Contents FOCUS ON: TECHNOLOGY

10

The search for condo board software

By Pat Crosscombe

14

Mediation 2.0

By Marc Bhalla

18

Management Bracing for extreme summer storms

By Kent Ford

38

Legal 8 tips for managing condo records

By Sonja Hodis

42

Homes not so sweet for people with disabilities

By Barbara Carss

Keeping residents connected

By Murray Johnson

FEATURE

29

33

Who's Who

DEPARTMENTS

16

Regulatory Manitoba sticks to optional new home warranty sub

By Barbara Carss

24

Project Profile Upgrading Toronto's Maclean-Hunter Building

By Matt Bradford

IN EVERY ISSUE

8

Ask the expert

46

New and notable

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EDITOR'S LETTER

New developments I am pleased to step in as editor for CondoBusiness Magazine. After covering the residential real estate community for more than a decade, I look forward to following its growth and building on this publication's success.

Much of the industry's ongoing evolution is driven by new and emerging technologies. To that end, we've dedicated a good portion of this issue to the cutting-edge tools, systems, and innovations transforming the property management field. As contributor Pat Crosscombe rightly points out, “With technology moving into every aspect of our lives, it is no surprise that condominiums are following suit.”

From enhancing tenant relations to boosting boardroom productivity, the is no denying the advantages of becoming more tech-savvy. Like everything else in property management, however, it takes a human touch to make a genuine impact.

Speaking of transformation, the pages ahead include a chat with real estate veteran Elton Ash on the state of Canada's condo market and a look at plans to turn Toronto's iconic Maclean-Hunter Building into a new residential and community destination. Combined with expert advice on preparing for extreme summer weather, strategies for condo record keeping, and compelling industry discussions, I'm confident our summer edition tackles a lot of ground.

Change is a familiar challenge in this industry, but it's also what keeps things interesting. As I settle into my new role, I invite you to reach out with your stories, feedback, and future article suggestions.

All the best and have a refreshing summer.

Matthew Bradford Editor, CondoBusiness matthewb@mediaedge.ca

Publisher Dan Christie Editor Matthew Bradford Advertising Sales Kelly Nicholls Melissa Valentini Senior Designer Annette Carlucci Production Manager Rachel Selbie Contributing Writers Marc Bhalla, Barbara Carss, Pat Crosscombe, Kent Ford, Sonja Hodis, Murray Johnson Digital Media Director Steven Chester Subscription Rates Canada: 1 year, $60*; 2 years, $110* Single Copy Sales: Canada: $10*.

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President Kevin Brown Director & Group Publisher Sean Foley Controller Nadia Piculik, CPA, CMA 5255 Yonge Street, Suite 1000, Toronto, ON 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.

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A snapshot of Canada's condominium market New rules, emerging trends, and shifting market conditions are leaving a mark on Canada's real estate sector. For a look at how the condominium market is faring, we turned to Elton Ash, Regional Executive Vice President with RE/MAX Western Canada for a coast-to-coast snapshot.

What's the 'big picture' right now for Canada's condominium market?

Primarily, you have a story of East vs. West. On one side, Vancouver is going through a change in the market due to any number of factors (e.g., mortgage rules, speculation tax, demographic trends, etc.) Initially, there was a sense that condominiums would be less affected by these changes then

8 CONDOBUSINESS | Part of the REMI Network

detached housing, but we're starting to see a bit of oversupply of condos in the market which is stripping overall demand.

When you look at Toronto, it's a bit of a different situation. Toronto still has a significant inventory issue for all kinds of real estate, especially in the condominium market where there are a lot of projects underway.

Demand is staying very strong and prices are continuing to increase.

We expect it to remain like this for the next year or two.

ASK THE EXPERT

Are new rules (e.g., B-20 stress test, speculation tax) or government initiatives having any impact on the condo market?

That's a tough question to answer because for several reasons.

We have the Canada Mortgage and Housing Corporation (CMHC) pledging to loan first time home buyers up to 10% of a down payment, which is great, but we also have the B-20 mortgage stress test which is keeping a lot of people out of the market.

Similarly, it's promising that the government has increased the amount that first-time home buyers can take out of their RRSPs for a down payment to $35,000, but I'm not sure how practical that is. A lot of first time home buyers don't have a lot of money in their RSP, so how many would actually be able to take advantage of that? How much is that really going to move the dial?

Ultimately, all levels of government have to get involved and work together to stimulate affordable housing. The challenge is that conditions are different across the country, which makes it hard to establish a one-size-fits-all solution.

How are Canadian demographics shaping the market?

Millennials have had an enormous influence over the recent years in the condominium space. They're the most prominent demographic. But while Millennials are still are driving a lot of condo activity, they're also getting older and moving into the single detached housing. All our studies and surveys have shown that Millennials have a strong desire to live in the suburbs, which runs counter to the long-held belief that they all wanted to be urbanites and close to the action. That's true for younger Millennials and the Gen Ys and Zs of the world, but older Millennials are changing. Whereas Boomers moved to suburbs in their 20s, Millennials waited until their 30s. Now, we're seeing that impact.

The short story is that condominiums in Toronto aren't becoming more affordable, whereas in Vancouver they are.

What about the markets in-between?

The most noteworthy activity is occurring in Calgary, which the second most affordable market right now next to Montreal from a major city perspective. Rental rates are going up and first-time home buyers are looking at condos as an affordable alternative, so we're going to see some increase in absorption for condos in Calgary because of those factors. That said, Calgary and the province of Alberta in whole continue to suffer due to a lack of activity in the oil and gas sector, so buyers and investors still need to evaluate the market before entering to determine the highest return on the dollar.

Elsewhere, New foundland is also being impacted by shifts in the energy and oil sector. Still, the condo market everywhere in the Maritimes continues to perform relatively well and remains affordable.

What comes next? Are there any other trends or regulatory changes that will shape the condominium market?

Housing legislation is so politically motivated, so the fact we have a Federal Election in Canada coming this fall and a US election on the horizon means we can't be sure what the conditions will be one or two years out. Whatever federal parties are putting for ward now in terms of housing are campaign promises designed to get votes. We don't know if they'll actually come through.

The same goes for provincial elections. Yes, we need to see relaxation to mortgage rules and fees in British Columbia, but that won't happen until an election. And even then, it may be some time before we see the effects if those changes materialize.

Nevertheless, there is pressure on the Federal government to relax the B-20 criteria for mortgage qualification. That pressure will intensify if we don’t see improvement in sales in critical markets. 1 Elton Ash is Regional Executive Vice President with RE/MAX Western Canada.

www.REMInetwork.com | June/July 2019 9

TECHNOLOGY

The search for condo board software

With technology moving into every aspect of our lives, it is no

BY PAT CROSSCOMBE

surprise that condominiums are following suit. As such, it can be daunting for a condo board to find software that fits their needs and their

condominium community. There are lots of products on the market and deciding on the right one is a challenge. Moreover, most condominium corporations have tight operating budgets and may question how the cost of the software can be justified.

Even the way we buy software has changed. We used to buy a software license and then downloaded it from a CD or the internet. Now, software is purchased on a subscription basis and “rented” rather than purchased. Subscriptions are paid for on a monthly or annual basis. The industry refers to this type of product as SaaS (software as a service), which is a baffling term to anyone but industry insiders.

Even without specific experience in software procurement and implementation, it can be done well. Here are tips to ensure that the process will be successful.

Prepare, prepare, and prepare Before embarking on the search for a software product, take time to prepare.

Usually, the process begins when one person suggests that the board consider buying condo software. This is a good start, but take the discussion to a board meeting for decision and follow up. Buying software is a significant decision, and buying the wrong software can be costly and waste a lot of time and effort.

Purchasing any product for a condo requires a majority of the board to be interested and ultimately approve the

10 CONDOBUSINESS | Part of the REMI Network

decision. If only one director is interested, the project is doomed to failure unless other directors can be motivated. Therefore, it is important that the condo’s property manager (PM) is also interested. That said, the PM’s interest will vary depending on the type of software under consideration.

Get organized Assign a director to lead the project and consider creating an ad-hoc committee to take the lead. Also, engage non-board members such as owners to help. If a knowledgeable outsider with experience in

TECHNOLOGY software can be enticed to join, then, by all means, get him or her on the committee.

If a committee is not created, the next steps will have to be done by the board.

Even still, having a committee will lighten the workload for the directors.

Decide on a timeline Work backwards from an expected start date for using the new product. Make sure to leave enough time for product consideration, review, and decision making. It is a good idea to select a start date during a less busy time for the board.

Identify problems What are the problems that the board thinks can be solved with software? Have a brainstorming session that includes the directors, managers, and perhaps a few owners as well. Have a thorough discussion and let everyone provide input. Make sure that all identified problems are considered.

scale, ask: How painful is the problem for board? How often does the problem occur?

Calculate a pain score by multiplying scores from the first two questions. This will identify the most significant issues to solve first.

Next, sort the problems into one of the four typical categories of software that a board could consider, including board management, financial management, property management, and social and communications. The category with the highest cumulative pain score identifies the most significant problems and will inform the board as to what type of software it should pursue.

In addition to creating a ranked list of problems, ask: Does the problem negatively affect the condo’s mission? If the answer is no, then the board should not be investing time and money in fixing it. Every condo board has the same mission: to maintain or improve property values. Boards must be focused on their core mission and governance, and not be sidetracked by other issues.

Create a ranked list An important next step is for each director or committee member to score the identified Decide on a budget DelProperty_Condo_March_2018_torevise.pdf 1 2018-04-13 2:44 PM problems on a scale from 1 – 5. Using this Software costs vary widely and could range

Set evaluation criteria An evaluation grid will help make an informed and collaborative decision. The evaluation could be done by the committee and then approved by the board, or the board could create and hand over to the committee to use.

The purpose of the checklist is to provide a scoring system for evaluating products.

Using the identified problems, consider the type of features that solve those problems. It

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from $50 to $500 per month (or more). There could also be an onboarding fee that needs to be included in the costs. Sometimes this fee is hidden, so make sure and ask specifically.

Onboarding fees can be OK since migrating data into systems can be a bit complicated; however, if this fee is high, consider what happens if the condo decides this software is not a good fit.

When deciding a budget, it is also important to as the following: Is there a contract to sign? Is there a money back guarantee?

A n d r e m e m b e r, o n c e a b u d g e t is determined, stick to it. T his will eliminate some products, but keeping on budget is important.

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TECHNOLOGY

may be necessary to narrow the list of features, but it is good to star t from a big list and then narrow down.

The more specific, the better.

Comparing apples to oranges presents challenges. Rarely do two s o f t w a re c o m p a n i e s p r o v i d e t h e exact product. S ome have more features, some have less, and some have features that the condo won't need.

For each potential vendor identified as a possibility, gather details about solutions or features that address problems, cost, access, ease of use, type of support available, and customer service standards.

Also look for information about data storage, security, additional data costs, and what happens if the corporation decides to move to a new management company (e.g., Can the board take the software with them?

Who keeps it? Who keeps the records?)

CONSULTING ENGINEERS

Once the evaluation grid is complete, narrow down potential vendors to three (if possible).

Start looking Now the fun begins. As the board or committee gets down to work, be open to learning about new things. There are many new and exciting products on the market that might not be familiar to the board or property manager.

The broader the consultation, the better the recommendations will be. Contact fellow directors to see if they are using any software, talk with other boards, and remember to ask people from different backgrounds. It can also be helpful to reach out using professional associations or via LinkedIn or Twitter possible to contact other condos.

When shopping around, research potential products and contact vendors and ask questions, request demos, or watch demo videos.

Make a decision Take the finalists to the board for the final decision and present the results of the evaluation grid.

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Success A decision has been made. Now it is time to get started using the new software. Implementing new products is a challenge, so accept that there will be bumps along the way. No product is so simple that anyone can pick it up and become an expert power user in a few minutes.

These are exciting times, but they come with the need to make changes to procedures. Not everyone is as willing to learn new things or has the time to do so. It will be helpful if there is a champion (a keen director) to help the board and managers get started and stay motivated.

Success will be greatly increased with a champion to guide the process, encourage users who get frustrated when they can’t figure out something, and overall keep the implementation on track and get everyone up to speed and comfortable using the new product. The champion understands that all software has bugs, could have downtime and might be unavailable for service at various times.

The journey has been long, but if it has been followed it will result in the selection of software that will improve the condominium community. 1 Pat Crosscombe is founder and CEO of Boardspace (boardspace.co).

TECHNOLOGY

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TECHNOLOGY

Mediation 2.0 Participating in mediations

can

BY MARC BHALLA often mean taking time off work or giving up an evening. And truly, the most challenging aspect of mediation is often finding a date

and time that works for everyone to come together.

This is especially a challenge when it comes to condominium disputes. Typically, there are more than just two people involved in the conflict who need to participate in a mediation (e.g., property management, legal counsel, board members, etc.), and more people involved means greater scheduling challenges. This can introduce delays in the process and give rise to growing resentment because the mediation is ultimately scheduled at a less-than-ideal time.

Moreover, when you consider that those involved in a condominium conflict tend to

remain in close proximity to one another throughout and beyond their dispute, these frustrations can erode trust and fuel tensions.

Growing pains More and more mediation stakeholders are using technology to overcome some of these challenges. Video conferencing, for example, can allow participants to avoid travel time or asynchronous processes that do not require everyone to participate at the same moment. It's technologies like these that can bring flexibility to the mediation process and

14 CONDOBUSINESS | Part of the REMI Network

accommodate each participant's individual circumstances.

Not everyone is ready to bring technology into the process. Perhaps the loudest critics are those who hold tight to traditional views of mediation. For instance, some believe in the value of locking quarreling parties in a room together until they sort out their differences where, in fact, separating feuding parties during mediation is often a better way to find a resolution.

There is also the perception that adding technology loses the value of face -

TECHNOLOGY

to -face, in - person me diation. M any believe that people are more likely to express compassion and empathy to one another if they see firsthand how another person is af fected by their statements and actions. Indeed, several studies indicate that a vast amount of communication is made non-verbally and that certain technologies risk removing the opportunity to take in tone, body language, and other cues that are offered beyond words during in-person exchanges.

Ag ainst this, we must c onsider how society has evolved in the face of technology. Today, so much information is available to us at our fingertips. It only makes natural sense for dispute resolution to be added to the long list of things that we accomplish with technology. And despite how we make jokes about teenagers and how they communicate, when we accept that emojis and texting acronyms have replaced tone and body language as contextual cues, we can begin recognizing that we are not losing these hints altogether; they are just being presented differently.

Upgrading the process Instead of looking at what may be lost in a mediation that does not take place with everyone in the same room at the same time, we can consider what can be gained. Often, people who are involved in a dispute would prefer not to spend time in the presence of one another and are more comfortable not having to be in the same room together as they work through their issues. This is so much so that there has been an acknowledged trend in the alternative dispute resolution community of some mediations doing away with traditional “joint session” and starting with the parties separated. This begs the question as to the value and purpose of everyone coming together to be apart.

As much as traditional mediation can allow for momentum to be built toward resolution, emotional outbursts in the course of realtime exchanges can hinder the process.

A mediation structured to offer time, reflection, and advanced consideration of the words that are selected can support more thoughtful exchanges.

In my experience, the most important aspect of structuring mediation for

success is to ensure that participants are keep in mind that mediation can be flexible. as comfortable as possible. Many of us It need not even come down to selecting in this day and age are more comfortable one mediation platform over another, the communicating through technology rather beauty of the private mediation process is than in person. Why not leverage this to that it can be adjusted to best suit those make the most out of the mediation making use of it. 1 opportunity?

Rather than try to force a square peg Marc Bhalla (mbhalla@elia.org) is a into a round hole, consider what aspects of mediator and arbitrator with a focus on DELTA_HalfIsland_CONDO JUNE_2019-FINAL.pdf 1 2019-07-18 11:39 AM conflict management. addressing conflict are difficult for you and condominium

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Manitoba sticks to optional new home warranty Sub Third-party warranties against construction deficiencies will continue

BY BARBARA CARSS

to be a market-driven feature of new home sales in Manitoba rather than a regulatory requirement. After first postponing the date

the legacy legislation from its predecessor would come into force, the provincial government now plans to repeal the New Home Warranty Act. T he announcement appears in the 2019 budget, released last week, and is characterized as a move to reduce red tape and cut costs for homebuyers. More than five years have elapsed since the previous government passed the Act, which was initially scheduled to take effect in January 2017.

“Changes in the housing market have eliminated the need for a costly new provincial regulatory system,” the budget document asserts. “This will reverse the

implementation of over 250 new regulatory requirements that would have increased the cost of a new home by thousands of dollars.”

The now-hypothetical rules would have given unit owners and condominium corporations in newly constructed buildings an automatic cost-recovery mechanism for various inadequacies in design, structure, materials, components and workmanship.

Mandated compensation and time periods for coverage were generally more generous than the third-party warranty programs

16 CONDOBUSINESS | Part of the REMI Network

currently available in the market.

Builders would have been required to secure minimum coverage of $100,000 per suite, and at least $2.5 million for common elements in buildings with upwards of 25 units or $100,000 per unit in smaller condo complexes. The stipulated minimum coverage period was set at: one year for defects within units due to design, materials or workmanship; 15 months for defects related to materials, workmanship and design of common elements; two years for defects

REGULATORY

in the building envelope and major building systems or for non-compliance with the Manitoba Building Code; and seven years for structural defects.

Compliance requirements called for administrative approvals and associated documentation at several steps of the process — all under the auspices of a new provincial registration agency — necessitating input from builders, warranty providers and municipal officials tasked with ensuring proof of warranty before building permits could be issued.

“I don’t disagree that the regulatory system would have been costly,” says Delaney Vun, a partner with Fillmore Riley LLP in Winnipeg and vice president of the Canadian Condominium Institute’s Manitoba chapter. “There was a lot of government oversight required in the regime that was envisioned. It was going to involve a number of bodies checking boxes and verifying compliance.”

While the legislation was still under debate in 2013, the Association of Manitoba

Municipalities (AMM) voiced reservations about extra tasks for municipal staff, potential liability and/or legal costs to prove building permits had been issued in good faith, and pass-through costs for builders and homebuyers.

“The additional costs for provincial staff and other resources required to administer the program likely would have been passed along through the chain,” agrees Lanny McInnes, president and chief executive officer of the Manitoba Home Builders’ Association (MHBA).

Meanwhile, many builders are voluntarily opting to carry third-party coverage in response to market demand and /or because it is one of the criteria for MHBA membership. “From our members’ perspective, not having the increased administration and bureaucracy is going to be seen as a positive thing. From a customer perspective, nothing really changes,” McInnes says.

Four companies currently providing warranties for MHBA members and their

clients offer varying coverage options for the condo sector, although one provider limits policies to low-rise developments of no more than three storeys. The best available per-unit coverage is $60,000, while three of the four providers top out at $50,000. Two of the four also offer up to $2.5 million to offset defects in common elements; another sets the maximum at $500,000.

MHBA takes credit for some of the changes in the housing market, which, the provincial government maintains, make a mandatory new home warranty program unnecessary.

“I think that argument likely has a lot to do with customers being more aware and more savvy than they were in the past,” McInnes suggests. “We always tell the general public: no matter what type of new home you are thinking of buying, ask your builders about warranty protection.” 1 B arb ara C arss is e d ito r- in - c hief of Canadian Property Management.

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MANAGEMENT TECHNOLOGY

Keeping residents connected Y e a r s a g o , w e p l a c e d BY MURRAY JOHNSON cork boa rds a l l a round a condominium’s common areas in the hopes that someone

might actually read their posted messages. This worked fine for a time, but

in today’s busy and hectic workplaces, people don't have the time to stop and read bulletin boards anymore.

18 CONDOBUSINESS | Part of the REMI Network

TECHNOLOGY

Enter: the rise of digital screens and automated communications.

We see digital screens everywhere, including lobbies, hallways, w a s h ro o m s a n d , e s p e c i a l l y, i n t h e e l e v a t o r. T h e y e n a b l e p r o p e r t y managers the abilit y to post notices at any time of nig ht or d ay, g i v in g c o n d o m i n i u m re s i d e n t s i m m e d i a te updates on active events happening in real time. They can be as useful in communicating ever yday activities as they are in keeping residents safe in emergencies, such as in the case of a flood where digital signs can convey

essential and real-time information or instructions.

In addition to digital signs, some service providers also include automated phone calling and email push- outs to ensure that everyone gets the message one way or another, and often in more than one format.

In many ways, these technologies allow condo stakeholders to manage their properties virtually and in a way that grabs attention.

Getting your message across Many condominiums have opted for

a combination of digital screens and dashboard software to post messages, book amenities, and receive work orders.

Even still, these digital boards are not the saviors that many would have us believe.

As managers, we are always mindful of the problems that occur daily, and our notices tend to be wordy, run-on rants about "what not to do." As a rule of thumb, if you can't read the entire message in the time it takes an elevator to go from the lobby to the second floor, then no one will read it.

This is where technology can fall short.

Sure, the message venue – be it a digital

www.REMInetwork.com | June/July 2019 19

TECHNOLOGY

2019 Condo Conference Looking for other great suggestions or solutions to assist in enhancing the management and functionality of your building? Plan to attend The Condo Conference! With upwards of 200 exhibitors and full educational program, the event has quite a lot to offer to condominium industry professionals across the province. Join us October 4th and 5th at the Beanfield and Enercare Centres at Exhibition Place Toronto. For more information and to register for the event, visit www.condoconference.ca.

screen via dashboard software program – is an advantage, but not if we keep putting the same long-winded messages into them. Today's resident wants to be informed, but without the need to stand in one place for prolonged periods reading long-winded notices.

Here is where condo managers/owners can benefit from some good old-fashioned communication strategies. Using graphics, cartoons, colour, and minimizing the number of printed words are all good ways to boost your message. For example, a picture of a fire bell and a few words announcing that fire safety testing will begin on a specific date is easy to read and – more likely to be remembered after leaving the elevator. In fact, some

journalism majors have shared that this type of communication should have no more than ten written words and the graphic should actually relay the intended message.

With limited wording, the elevator rider is able to read, understand, and remember the message in the amount of time it takes to go from the lobby to the second floor.

Moreover, automated phone calls, text messaging, and email push-outs ensure that even those residents who do not use the elevators will get the communication updates in a timely manner.

Even when there is no important timesensitive message that needs to be posted, the digital format will now allow condominium communities to create,

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or purchase, various campaigns such as an Annual General Meeting (AGM) series on why owners should attend these yearly events, or how about a series of educational "posters" on how insurance is applied in a condominium.

The opportunities to fill a blank screen with live, engaging, and educational condominium content is endless.

Plugging in Various service providers supply screens and content, while there are ones which also of fer test message, automated phone call, and email services. Some of the service providers offer free digital screens and sell advertising space on the screens, while others are advertising free but come with a slightly higher cost. There are even service providers who will "translate" long-winded condo announcements into a graphic poster with just a few words ensuring that residents get the intended message.

As one can imagine, this type of service is t ypically beyond the scope of the manager and helps free time up to attend to more critical issues.

These new methods of communicating that are making cork media a thing of the past are tools that make managers more productive and help manage a busy daily schedule.

When shopping around for which tool is best for your condominium, remember that these technologies are just tools.

If using the tool becomes too arduous, then the tool becomes the job and all anticipated benefits are lost. No replacing the real thing Communication technologies, software, and online innovations are all great tools, but they should never become a job. We often see technology introduced by a tech savvy individual, but rarely do we see the replacement person as driven or as tech savv y as the initiator. Early versions of software, for example, are of ten much more cumbersome than later versions. And let's not forget, if we can't do the job manually, no amount of software will make up for a broken process. 1 M u rray J o h n s o n i s a n O rg a n iz i n g Committee Member with The Condo Conference.

20 CONDOBUSINESS | Part of the REMI Network

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It ’s a technological revolution, and no indus tr y is immune. This is especially true in the waste and recycling field where advanced tools, equipment, and Internet of Thing s (IoT ) connec tivit y are helping proper t y managers extract full value from their compactors.

For more insights, we spoke with Adam Kent, Service Director with Metro Compactor.

Overall, how has technology changed your corner of the waste management industry?

IoT technology has given us the tools to monitor and maintain our customers’ compactors more effectively than ever before. We can conduct remote diagnostics and prac tice predic tive maintenance using data analy tics to help us identif y potential issues and pre ve nt breakd owns . This is par t icular ly h e lpf ul for proper t y manager s with large por t folios since minimizing breakdowns in the waste collection room saves time, energy, and repair costs.

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Secondly, technology helps ever yone be more efficient.

When you have the ability to track weights and minimize compa c tor d ownt im e s , yo u re duce le v ie s an d g i ve proper t y management teams more focus to do their job. And on our end, the ability to track, automate, or optimize aspects of the pick-up (e.g., routes, weights, scheduling, etc.) means faster and more efficient service.

Lastly, technology is being used to make waste and recycling equipm e nt g re e n e r an d m ore sus t ainable. This h e lp s our customers leave a smaller environmental footprint.

iSMART Equipment Dashboard

How do Internet of Things (IoT) technologies come into play?

It all goes back to data analy tic s . By collec ting and connecting data from our waste and recycling equipment, we “see” the asset wherever it is in real time, connect it to a network, and gather performance data relative to other pieces of equipment. We ag gregate data point s across multiple pieces of equipment to identify trends, highlight recurring issues, and drive meaningful insights.

For example, through the use of IoT sensors and systems in wa s te an d re c ycling e quipm e nt , e r ror co d e s are automatically generated and sent directly to us. We then call our client and let them know what needs to be done without having to dispatch a service call, thereby saving our customers money. Similarly, IoT connectivity helps Metro Compactor notify property managers whenever something is going wrong, like contamination in their waste stream.

We also use data from IoT technologies to solve issues on the f ly. For example, say a customer had one full bin that weighed far less than another full bin. We would look at the data to see if something isn’t working, or if someone isn’t properly disposing of dif ferent items.

How important is that “real time” connectivity?

It’s very important! Without the ability to predict issues and monitor equipment in real time, problems can be expensive to fix and downtime is a certainty. If a customer leaves a problem with waste and recycling equipment unchecked for long periods of time, critical systems can get clogged and dirty. With IoT technology, however, Metro Compactor immediately receives a code when something goes wrong and calls the superintendent to let them know. It saves a lot of time for ever yone and mitigates the damage.

That’s not all. We don’t just do yearly or bi-annual maintenance; we monitor the equipment 24/7 so that we can predict the equipment health and get ahead of

any possible disruptions. If we suddenly see unusual data outside of our internal normative thresholds, we’ll know about an issue before the breakdown or even the scheduled preventative maintenance service. That, in my view, is one of the biggest advantages of this technology.

Can you give us an example?

Consider a superintendent who star t s each morning by cleaning t h e bin . A s par t of t h e ir pat te r n of wor k , t h ey also come back at the end of their work day to ensure that e ve r y t hing is f in e. I f t h e ph oto eye or t h e ult r a s onic sensor gets clogged at 10 am, forcing continuous cycles, t h e sup e r inte n d e nt will n ot b e aware of any pr oble m until the end of the day after the compactor has already gone through hundreds of cycles. The avoidable wear and tear on the equipment ages it prematurely, and before the customer knows it, the equipment will be due for significant maintenance overhauls and possibly even replacement.

Contrast that scenario with how things play out with a “smar t ” piece of equipment that incorporates the technologies we’re talking about. In a monitored situation, the equipment will s top the regular c ycles and send an alert to both the customer and to Metro Compactor’s ser vice team as soon and issue is detected.

The aler t will include the cause and how long the equipment has been out of commission. Essentially, if some issue comes up, our customers will be able to stay on top of the daily functioning of their waste equipment.

Is it worth investing in these technologies now, or should property managers wait?

Metro Compactor first developed the technology many years ago with thousands of sites currently ac tivated Including some of North America’s largest retailers. The tech component is an enabler to gain insights into the equipment so that our service and maintenance team can best support our customers. We look at the technology as part of our service offering: a service promise to the market that has decades of experience behind it. At Metro Compactor, we provide built-in monitoring with new equipment or customers can choose to add the monitoring to their existing equipment. The cost benefit is undeniable given that the savings will be realized ver y quickly through reduced downtime and reduced ser vice costs. We also include annual preventative maintenance as part of our package.

So to answer your question, investment in this technology for waste and recycling equipment will pay off ver y quickly and that’s just based on maintenance and productivity. We could talk at length about how the technolog y can also help to manage fullness and reduce haulage costs. In summary, the longer you wait, the longer you’ll be missing out on the additional saving a n d e f f i c i e n c i e s a n d t h e f u r t h e r y o u ’l l f a l l b e h i n d .

Adam Kent is Service Director with Metro Compactor, a division of the Metro Group that has been serving Canada for over 45 years. For more information, visit www. metrocompactor.com.

PROJECT PROFILE

UPGRADIN TORONTO'S MACLEAN-H BUILDING Toronto's Maclean-Hunter Building is on the rise. This spring, developer Davpart Inc. moved forward with plans to transform the iconic Maclean Publishing Company headquarters into the new United BLDG., a 55-story mixed-use development that represents North America's tallest architectural heritage retention project of its kind.

PROJECT PROFILE

NG 'S -HUNTER

BY MATT BRADFORD

www.REMInetwork.com | June/July 2019 25

PROJECT PROFILE

“T he United Building will create a vibrant and dynamic atmosphere at the corner of University and Dundas,” says C armine C olafella, Director of Proper t y Management with Davpar t.

“It’s an opportunity for retail, office, and residential components to thrive and coexist in a true metropolitan fashion.”

The United BLDG project is taking shape at the corner of University Avenue and Dundas Street West. The plans are to keep the existing 224,245 sq/ft of office space and 39,320 sq. ft. of retail space up to its 10th floor and build 759 new condos residences from the 11th floor upwards.

B+H Architects are leading the build, acting as the prime consultant and design architects. Their team is joined by heritage consultants ERA Architects Inc. and Tomas Pearce Interior Design Consulting Inc.

Restoring an icon It's a new era for one of the city's most iconic buildings. From 1910 to the 1980s, the century- old building was home to the Maclean Publishing Company (now Maclean- Hunter), creator of Canada's premier Macleans magazine and now an international telecommunications company.

The property is listed on the City of Toronto Inventory of Heritage Properties.

As such, Davpart's first step was to rezone the designated heritage property within the context of preser ving and restoring the existing building.

The heritage work will include retaining, restoring, and enhancing the two buildings that comprise the site.

They include a 1930s collegiate gothic building by Toronto architect Murray Brow n, d esig ne d w ith N ew Yo rk 's S chult ze & Weaver; and a second,

26 CONDOBUSINESS | Part of the REMI Network

mo dern stone of fice tower initially designed by Marani & Morris architects.

Upgrades will include the addition of more durable and better performing materials. T he design will also take advantage of Toronto's Enwave System, which draws its heating and cooling from the nearby Lake Ontario.

Outside, the United BLDG's plans include a public ar t installation and outdoor arcade, the latter of which B+H Architects Principal Mark Berest says will bring a renewed sense of community to the district: “In some ways, bringing the old arcade out into the open will be honouring the significance of the intersection. It will make it much more lively and engaging public place.”

Speaking to the overall vision for the United BLDG, Berest says, "The design of this building draws from the energy of its location at the intersection of the

PROJECT PROFILE

“The United is a realization of

our vision. It's a massive undertaking which started within the context of preserving and restoring the existing building. The complexities are enormous, and it has taken lots of teamwork and patience to make it happen.”

David Hofstedter, Davpart President and CEO.

city's primary cultural, institutional and retail anchors as well as its preserved architectural and cultural heritage."

“It will be a tribute to Toronto's cosmopolitan character," he adds.

Rising tall Work on the landmark restoration is set to begin this summer. At time of print, Davpart was wrapping up its site plan approach and actively working with Toronto Cit y staf f to kickstar t construction.

Looking forward, Davpart recognizes that one of the biggest challenges for the team will be to stay true to the M aclean - Hunter building's leg acy a n d c o m p l e te t h e a m b i t i o u s w o r k with minimal disruption to the busy neighbourhood.

“Besides the challenges of undertaking such a feat in retaining the heritage

walls, we are very cognizant that the neighborhood should not experience d isr u ption dur in g c o nstr u c tio n an d by working with some of the best consultants and the Cit y of Toronto, Davpart will strive for as little disruption as possible,” says Colafella.

S he ad ds the team is esp eciall y

committed to honouring the building's legacy, noting, “The United Building is the largest heritage retention in North America to ensure its glorious history is not forgotten, but celebrated.” 1 Matt Bradford is Editor of CondoBusiness Magazine.

www.REMInetwork.com | June/July 2019 27

Get a first-hand look at the most innovative technologies in the industry and stay informed on best practices, certifications and training through educational programming that touches upon relevant and emerging topics within the Canadian real estate management industry.

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TOP

TEN

IN THE CONDO BUSINESS INDUSTRY

CONDO BUILDINGS

TOTAL

CONDO UNITS

FirstService Residential Management Canada

1,371

FirstService Residential Management Canada

129,160

Wilson Blanchard Management Inc.

558

Crossbridge Condominium Services Ltd.

80,038

Pacific Quorum Properties Inc.

450

Del Property Management Inc.

70,000

Crossbridge Condominium Services Ltd.

399

Rancho Management Services

38,354

Rancho Management Services

340

Wilson Blanchard Management Inc.

36,503

Del Property Management Inc.

265

Pacific Quorum Properties Inc.

28,745

Gateway Property Management Corporation

263

AWM-Alliance Real Estate Group

23,750

AWM-Alliance Real Estate Group

238

Gateway Property Management Corporation

21,885

KDM Management Inc.

215

KDM Management Inc.

16,370

Apollo Property Management Ltd

136

Apollo Property Management Ltd

13,290

TOTAL

www.REMInetwork.com | June/July 2019 29

CONDOBUSINESS WHO’S WHO 2019

RANK

UNITS

BUILDINGS

RANK

UNITS

BUILDINGS

7

AWM-Alliance Real Estate Group

23,750

238

8

Gateway Property Management Corporation

21,885

263

265

9

KDM Management Inc.

16,370

215

38,354

340

10

Apollo Property Management Ltd

13,290

136

Wilson Blanchard Management Inc.

36,503

558

11

Icon Property Management

13,000

70

Pacific Quorum Properties Inc.

28,745

450

12

GPM Property Management Inc.

12,000

65

13

Percel Inc.

8,100

85

14

A.A Property Management

8,000

50

15

MF Property Management

6,703

93

16

Nadlan-Harris Property Management Inc.

6,235

62

17

Times Property Management Inc.

6,000

40

18

Shelter Canadian Properties Limited

5,659

31

19

Canlight Management Inc.

5,580

50

20

BayShore Property Management

5,221

97

21

Royal Property Management

5,000

60

22

Menres Property Management Inc.

4,089

13

23

Real Estate 360 Property Advisory Limited

2,894

44

24

Provincial Property Management Limited

2,700

33

25

Skywater Property Management

2,500

42

1

FirstService Residential Management Canada

129,160

1,371

2

Crossbridge Condominium Services Ltd.

80,038

399

3

Del Property Management Inc.

70,000

4

Rancho Management Services

5 6

378

The number of licensed condominium provider companies in Ontario.

2,869

The number of licensed condominium managers in Ontario as of January 1, 2019, according to the Condominium Management Regulatory Authority of Ontario (CMRAO). They include General Licensees (1,516), Transitional General Licensees (710), and Limited Licensees (643).

55%

Percentage of condominium managers in Ontario between the age of 40 to 59.

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CONDOBUSINESS WHO’S WHO 2019

RANK

UNITS

BUILDINGS

RANK

UNITS

BUILDINGS

26

Berkley Property Management Inc.

2,500

28

45

Shepherd Village Inc.

115

1

27

Colliers International

2,494

51

46

Landmark Properties Inc.

86

1

28

Meritus Group Management Inc.

1,983

17

47

76

2

29

Around The Lakes Property Management Limited

Richmond Community Management Services Corp.

1,878

59

48

45

1

30

Lionheart Property Management Inc.

1,288

43

Lanesborough Real Estate Investment Trust

31

Downing Street Property Management Inc.

1,151

20

49

CBRE Limited

19

32

Dove Square Property Management Inc.

1,050

13

50

Warrington PCI Management

10

33

Vero Property Management

1,000

60

34

HighPoint Property Management

900

19

35

Richmond Property Group Ltd.

800

60

36

Condominium Living Management Inc.

576

37

Huntington Properties Ltd.

465

13

38

Prospero International Realty Inc.

330

3

39

Sterling Karamar Property Management

281

3

40

Arnon Corp.

281

3

41

Summa Property Management

207

14

42

Southwest Properties Ltd.

151

1

43

ICC Property Management Ltd.

137

3

44

Devon Properties Ltd.

114

69

10

145

The net increase of licensed condo managers in Ontario between July 2018 and January 2019.

38

The number, on average, of new Limited License applications per month in the first six months of CMRAO’s licensing year.

REGIONAL DISTRIBUTION OF LICENSEES* Northern Ontario: 36 Eastern Ontario: 229 Western Ontario: 247 Toronto: 998 Central Ontario: 1,348

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MAINTENANCE

Bracing for extreme summer storms Spring floods and torrential summer

BY KENT FORD downpours appear to be the new normal. What's more, as the headlines have shown, they can lead to internal building leakages and destroy external landscaping. Yet before giving in and signing up with Noah for the next ark voyage, consider some simple and economical design and management strategies that can eliminate these problems in the short- and long-term.

www.REMInetwork.com | June/July 2019 33

MAINTENANCE

“The solution [for leaks] lay not in preventing the water from penetrating the building

foundation or hoping it will disperse on its own, but by diverting the source of the water and taking it away.”

Good riddance to roof water Waterproofing the building wall externally may appear like an obvious solution when faced with inside water leaks. Yet even when a building goes through with the very disruptive project of digging down to the bottom of foundation walls and installing dimple board, the problem of basement flooding can continue Another tripping point is putting faith in the reliability of existing foundation weeping tiles. In any condominium building, such tiles should be examined to be free-flowing since they can often be clogged with clay or gravel and have been broken apart by tree roots. The

connection between these lines and the municipal storm sewer at the street can also become obsolete, and reconnecting them has been ruled out by some municipalities.

The solution, then, lay not in preventing the water from penetrating the building foundation or hoping it will disperse on its own, but by diverting the source of the water and taking it away.

C onsid er diverting roof water into an independent leach pit that sits about 10 feet or more away from the building.

Think of a leach pit as an organic manhole which involves a connection to the existing downspout with a 3-4" PVC rigid pipe

trenched below the frost line which collects the roof water away from the building and into a 3-foot diameter pit. Such a pit is also below the frost line and is lined with filter cloth and backfilled with gravel. If a leach pit is physically impossible to install or not within budget, then a permeable PVC ‘O' pipe can connect to the downspout and take the roof water away into lawn and garden areas that are well away from the face of the building.

If roof water is diverted successfully away from the building, then the source of the basement leakage is eliminated.

Gutters should be cleaned twice a year in low-rise or townhouse condominiums.

Gutters clogged with leaf and other

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MAINTENANCE

debris can easily overflow during heavy rains and can be very damaging since the sudden torrent of overflowing water will easily overwhelm existing area drains or window well drains and create new sources of surface flooding.

Making the grade Positive grading on a condominium site is impor tant to avoid standing water in the spring and summer months.

O f ten in tow nho me d evel o p ment s , drainage swales become inef fective over time and have to be regraded. In some cases, they can be lined with filter cloth and river stone to make them more at tractive. S od that has been installed over top of compacted or claylike soils will also prevent surface water from properly draining or absorbing into the subsoil below. Ideally, these areas should be dug up and a 12-inch base of triple mix topsoil and new sod should be installed.

A lternatively, such wet sod areas can be replaced with moisture -loving shrubs and perennials such as Red Osier

Dogwood, Hydrangea and Summersweet shrub and perennial Garden Phlox and Siberian Iris. Groundcovers such as Creeping Jenny also make a great wet sod area surface replacement.

Permeate your paving Pre-cast concrete unit pavers (commonly known as “interlocking�) are now manufactured in permeable options.

What these pavers do is allow for surface runoff to percolate vertically and down into the granular base beneath. Coupled with adequate and properly maintained area drains, this can eliminate the hazards associated with torrential summer downpours when area drains can be overwhelmed. As such, some municipalities are now dictating that condominium developers include permeable pavers in their overall site plan design.

Consider retaining a landscape architect or designer to review the condition of all your driveways and walkways to ensure that they were installed with durable materials, positive drainage and free-flowing catch basins and area drains.

Check your irrigation It may appear obvious, but leaking irrigation is often a cause of sudden or gradual surface ponding and leakage into underground garages and basements.

W ith each spring star tup, have the corporation's irrigation company audit the existing system for leaks to the main and secondary feeder lines to the system.

Pinpointing leaks will help the water bill as well.

Taking charge of stormwater on any condominium site may end up being an easier task than initially thought.

Thorough site inventory and employing one or more of these methods will prevent structural damage, allow for greater safety for owners on the ground level and potentially prolong the life of roof structures and garage membranes in years to come. 1 Kent Ford is founder and principal of Kent Ford Design Group Inc., a Toronto based landscape design and project management firm. For more, email kent@ kentforddesign.com or call 416-368-7175.

www.REMInetwork.com | June/July 2019 35

SPONSORED CONTENT

Owner, Contractor Engineer wORKING TOGETHER,

Better Canada’s property management industry united in Toronto this March to trade stories, insights, and lessons learned during the 2019 PM Springfest show. Representatives from Pretium Engineering Inc. participated on a panel, Rapid Fire: Maintenance and Repair for Owners and Property Managers, to share knowledge to a packed room about what has consistently lead to success on largescale rehabilitation projects.

The primary project referenced by the panel involved the rehabilitation of a three-level open-air parking garage serving an occupied high-rise apartment building. Restoration of the reinforced concrete structure spanned seven months and included the application of waterproofing protection, replacement of the ramp heating systems, and exterior painting to improve aesthetics.

“Projects of this scale require careful upfront planning and consistent communication to ensure they go

smoothly so that resident and building operation disruptions and inconveniences are minimized” said Steve Krysa, Project Principal, with Pretium.

Krysa was joined by panelist representation from Realstar Management and Delbridge Contracting Limited, the general contractor for the project. Together, the team shared insights in what makes projects like these a success.

Pragmatic planning Well ahead of the actual construction project, Pretium evaluated, tested, and monitored the condition of the garage components over several years and worked with the manager to develop a pragmatic solution and appropriate timing to start the rehabilitation. From the onset, safety to residents was the priority followed by maintaining the longterm serviceability of the asset.

“Essentially, we collected data over those years to quantify the rate of deterioration so we could provide an informed cost conscious recommendation,” recalled Krysa, noting this early-stage monitoring was central to understanding the full scope of the project, expected repair quantities, and to ascertain that not all areas of the garage were deteriorating at the same rate.

Collaborative scheduling and communication Pretium worked with the manager and contractor to develop a methodical phasing plan which addressed, among other issues, how garage vehicles would be relocated throughout the project, which repair elements to tackle first, the size of workforce needed throughout each phase, and other factors that would ensure a smooth and coordinated schedule.

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If changes were required or information needed to be passed along, all parties were extremely responsive and fastacting, which always helps make things go smoothly.”

From a property manager’s perspective, David Petrina said that keeping building residents and site staff in the loop with weekly “check-in updates” also went a long way towards easing tenant concerns and managing expectations.

Experience counts A project of this magnitude and sophistication required a team that knew what they were getting into.

Fortunately, Pretium Engineering’s experience with rehabilitations of this scale, and Delbridge’s expertise in garage restoration contributed significantly to all aspects of the rehabilitation.

“It can be a challenge to ensure updates to those schedules are communicated to everyone on the team, but the fact we were able to collaborate the way we did through internal coordination meetings and consistent teamwork helped us complete all phases on time,” reported Michael Christner, who managed of the project on behalf of Delbridge.

“Aligning with teams who have done this work in the past – who knows what to expect, who are experienced in this type of work, and what challenges lie in wait – is extremely helpful in terms of driving both efficiency and quality,” said Krysa. “Although we were there to review Delbridge’s work, enforce project requirements and provide technical instruction on any required changes, there were very few issues that came up once things were rolling, and that’s because they were no strangers to what needed to be done.”

No project is ever perfect, and work rarely goes 100% according to plan. Still, Pretium’s parking garage rehabilitation case study demonstrates how solid planning, collaboration, and industry experience can drive spotlight-worthy results.

Steve Krysa (steve.krysa@pretiumeng.com) is the Project Principal with Pretium Engineering Inc., (www.pretiumengineering.com), a specialist building science and structural consulting engineering firm that provides high quality, evidence-driven services.

Certainly, added Krysa, “Maintaining schedule always helps for a successful project. Delbridge did a remarkable job executing the plan exactly the way it was drawn up. They brought personnel in and out as they needed to ensure each phase was completed efficiently and on schedule.”

Everyone on the same page No doubt, the project’s success drove home the value of consistent and effective communication. To that end, said Krysa, “Communication between the contractor, consultant, and manager was seamless.

www.REMInetwork.com | June/July 2019 37

LEGAL

8 Things to Know About Your Condo Corporation’s Records Condo corporations are always searching for ways to gain muchneeded storage space. Yet while you may

BY SONJA HODIS

be eager to do some de-cluttering of your condo records to regain some much-needed storage space, it is important to understand what documents your condo corporation must keep, how they should be kept and for how long.

Here are ten things a condo corporation should know about their records:

1

Know what records you must keep.

Section 55 of the Condominium Act, 1998 as amended (the “Act”) and s. 13.1 of Regulation 48/01 (the “Regulation”) sets out the list of documents a condominium corporation must keep.

In addition to the list in sections 55 and 13.1, you must also check your by-laws to determine if there are any additional records your corporation is obligated to keep.

2

Decide if it is worth getting rid of any records.

You don’t know when you will need your records, and it's not uncommon for lawyers to have condo cases that require going back decades to find relevant documents. Having these documents as part of the corporation’s files makes these type of cases easier and more cost effective to handle. What's more, you avoid the necessity and increased costs of having to search for these records elsewhere or run the risk that you may not be able to find that crucial document.

3

Understand the Minimum Retention Periods.

The Act and Regulation now set out minimum requirements for retention of corporation documents. These minimum

38 CONDOBUSINESS | Part of the REMI Network

requirements apply to original documents or redacted versions of documents. Redacted versions must be kept for the same period as the original document. Redacted documents are usually created when a request for copies of documents is made by an owner but the owner is not entitled to see the entire contents of the document, or there is litigation.

Here is a summary of the three general retention periods under the Act and Regulation.

Documents you can never get rid of and must keep forever • Minutes of board and owner’s meetings; • drawings and plans; • turnover documents; • performance audits; • reserve fund studies and plans; • declaration, by-laws, and rules; • record of owners, mortgagees, and tenants (including lease agreements or summary of lease in prescribed form); • records relating to ongoing litigation, insurance claims, or investigations; • current warranties and insurance policies; and • ongoing agreements corporation has entered into.

LEGAL

90 days from date of meeting with some exceptions • Proxies, ballots/recorded votes.

Documents you must keep for 7 years after the end of the last fiscal year to which they relate • Financial records; • information returns and notices of change filed with CAO; • status certificates; • director disclosure statements and training records; • records relating to specific owners; • employee records; • expired agreements, insurance policies and warranties ( from date of expiry of agreement/policy/warranty); • records related to insurance claims and investigations and actual or contemplated litigation that have ended (from date of conclusion of litigation, claim or investigation); • reports and opinions from an engineer, architect or appraiser relating to the corporation’s property; • inspector reports; • records relating to installation of electric vehicle charging systems; • records relating to changes to common elements, assets or services by corporation or owner; and • records relating to right, title, interest, encumbrance or demand of any kind concerning land affecting the corporation.

While the above charts summarize the three basic retention periods for most records, a corporation must keep it does not cover all records that must be kept by a corporation. If there is no specific time period mentioned for a record to be kept under s. 55 of the Act, 13.1 of the Regulation or your Bylaws, the default retention period is the period of time the Board determines is necessary for the corporation to perform its objects and duties or to exercise its powers. Section 17 of the Act sets out the objects and duties of the corporation which are to control, manage, and administer the common elements and assets of the corporation on behalf of all the owners and to ensure compliance with the Act and the corporation's governing documents.

If there is more than one time period a corporation must keep a record, the longest time period applies. Finally, the minimum requirements under the Act or Regulation do not absolve the condominium corporation from keeping records for longer time periods that may be required by other legislation.

4

Understand the exceptions to the general retention periods There are several exceptions to the above time periods which will extend the minimum amount of time you will need to keep a record. If a request for records is made by an owner or property manager to obtain records, or the corporation has received notice of actual or contemplated litigation in relation to a proxy or ballots, you must extend the time you are required to keep those records.

This will most likely be the latest date of when you are obligated

to keep the record, the date in an agreement regarding the retention of the record, or an order from a judge, arbitrator, or the Tribunal with respect to the record.

If litigation is commenced during the time you are required to keep the record, you are obligated to continue to keep the record until the litigation has ended. More details about these type of exceptions and the period of time you must keep the record can be found in section 13.1 of the Regulation. If any of these situations occur, it is best to speak to your legal counsel about the specific situation and records in question.

5

Know how to keep records The Act and the Regulation allow for the keeping of records in electronic or paper formats. You do not need to keep all records in a paper format. Paper records must be kept either on the condominium property in a spot that the Board has determined to be appropriate for storage of records or at another location that the Board determines. As for the location, it must be one that will allow the Board to carry out its obligations with respect to records, is an appropriate location for storing records, or is the condominium manager's place of business in Ontario or any place reasonably

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In terms of electronic records, they must be kept in a format that will allow them to be reproduced in an accurate and intelligible form within a reasonable time. The standard format for most electronic documents is a .pdf file. The electronic documents must be protected against unauthorized access (i.e., password protected and encrypted) and potential loss, damage or inaccessibility. They must be automatically backed up, and you must be able to recover backed up files.

6

Protect your records Whether you are keeping your records in electronic or paper format you will want to make sure they are protected from fire, loss, theft, or acts of nature. It is a good practice to have an electronic version of all your paper documents as a back-up and to have at least one if not two backups of your electronic documents located in different secure locations. This way, if a fire or Mother Nature damages or destroys one location, a copy of the corporation's records is safely stored in another location.

While transferring your documents to an electronic format will free up space the paper 1:41 PM records were consuming, not all documents should be transferred to an exclusively digital format. For example, paper documents with original signatures such as contracts or agreements would best be stored in a fire and waterproof safe in addition to an electronic format.

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Know how to properly dispose of records When disposing of records, corporations must be mindful of how they do it. Never just place documents in a recycling bin or garbage bag; you don’t want to see your documents flying across the parking lot as many records contain information that is not meant to be shared with the public including other owners or tenants. In addition, a corporation and/or property manager have a legal obligation to protect the personal information they collect and which may be contained in the records you dispose of.

If you are getting rid of records, it prudent you ensure you properly dispose of them. At a minimum, you will want to shred documents with a cross-cut shredder as opposed to a strip cut shredder. The

LEGAL

smaller the shredded pieces, the harder it is to put them back together. Most personal shredders will not do a secure shred. The corporation may want to invest in a commercial shredder or look to hiring a company that can securely shred or otherwise dispose of your documents.

8

Make sure records are always accessible to the corporation.

While it is tempting to delegate the responsibility for maintaining the corporation's records to one person, be sure that the records that are being kept by that person are accessible to the corporation at all times and not just that one individual. Whether you delegate the job of maintaining the corporation's records to a single director or property manager it is important to make sure that those records do no go with that director or property manager when they leave the corporation.

It's possible for condo corporations to lose all their records because they have one director who controls the collecting, organizing, and possession of records. Under section 54 of the Condominium Management Services Act, 2015 licensed property managers are mandated to turn over all documents and records relating to the corporation immediately upon termination of any contract for services. In addition, a licensed property manager is not allowed to retain any documents to pressure a corporation to fulfil contractual obligations to the licensed property manager. Remember the records are the property of the corporation and not an individual director or property manager. 1

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Sonja Hodis is a condominium lawyer based in Barrie that practices condominium law in Ontario. Sonja can be reached at (705) 737- 4403, sonja@ hodislaw.com, or at her website 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.

www.REMInetwork.com | June/July 2019 41

Homes not so sweet for people with disabilities Accessibility is already a major determinant of where approximately BY BARBARA CARSS nine million Canadians choose to spend their money, and it is projected to continue gaining

market influence. Just 14 per cent of respondents to a recent survey — conducted by the Angus Reid Institute on behalf of the Rick Hansen Foundation — express no concerns about mobility, hearing or vision impairments either now or within the next 10 years, while 64 per cent recognize the possibility they’ll face a new or worsening ailment in the coming decade.

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A representative randomized sample of 1,800 Canadians were asked 1 about their experiences and perceptions relating to barriers in Enfield_Condo_October_2015.indd the built environment, and policies and programs to support accessibility.

The findings (considered an accurate societal snapshot with a 2.3 per cent margin of error, 19 times out of 20) depict generally greater confidence in public spaces than the private realm, with shopping malls receiving the best rating for ease of access.

“This research demonstrates the increasing prevalence of disability across our nation and the growing importance of ensuring the places we live, work and play are accessible for people of all abilities,” says Rick Hansen, founder of the Rich Hansen Foundation. “It also outlines a significant consideration for businesses and service providers in planning accessibility infrastructure. Having universal standards that measure where we’re at and provide a road map on how to move forward is critical.”

Underscoring issues and oppor tunities for residential developers, rental housing landlords and condominium boards, one third of survey participants acknowledge that their homes could be problematic for residents or visitors with a disability.

More than one quarter of those who currently report a disability are planning to move — double the number who will renovate or make alterations to their existing dwellings.

Your plumbing & “While one in three Canadians currently say they have issues mechanical service getting around their own home, a full majority say they are anticipating experts challenges moving around at home in the future,” reports Shachi Kurl, executive director of the Angus Reid Institute.

Half of the survey respondents who report neither challenges of their own, nor connections to people with disabilities, nevertheless indicate that it would be appealing to move into a new home that has

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“Underscoring issues and opportunities for residential developers, rental housing landlords

and condominium boards, one third of [Rick Hanson Foundation] survey participants acknowledge that their homes could be problematic for residents or visitors with a disability.” attained certification for accessibility. That percentage jumps to 78 per cent among those who currently experience a mobility, hearing or vision limitation.

Fully 90 per cent of survey respondents place a priority on accessibility, although 37 per cent maintain that cost feasibility should be considered. New construction is tagged as the most obvious place for that to happen. More than two-thirds of respondents endorse universal accessibility in new buildings, while that expectation drops to 31 per cent for existing buildings.

Influencing spending decisions Upwards of 81 per cent of respondents who have an impairment

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or are likely to be accompanying someone with a disability report that malls, large chain stores, large chain restaurants, public buildings and medical offices are not difficult to enter or navigate. Fewer than 50 per cent offer the same assessment of other people’s homes.

Smaller independently owned stores and restaurants are also deemed less welcoming. Respondents who identify as “affiliated” with people with disabilities actually have a somewhat more negative view of these venues than respondents who have disabilities themselves.

Forty-five per cent say small restaurants are “difficult” spaces and 48 per cent say the same of small stores, whereas 40 per cent of respondents with disabilities say small restaurants are “difficult” and 43 per cent give that rating to small stores. An equal and sizeable percentage of both groups — 23 per cent — apply the label, “difficult”, to movie theatres.

An observer with lived experience theorizes that friends and family may simply be more shocked at circumstances they encounter less frequently. Regardless, it’s a group with economic clout.

“People with disabilities are often used to facing barriers in their lives as it’s something we encounter daily,” reflects Brad McCannell, vice president, access and inclusion, with the Rick Hansen Foundation. “There are many more caregivers than there are people with disabilities, and they are also making many of the decisions about which places to frequent or avoid. So this has significant implications.”

Notably, 531 respondents, representing nearly 30 per cent of the total database, report they try to avoid properties they know or suspect to be inaccessible. Absence of elevators or too many stairs is the most common deterrent, which 56 per cent of this group cites as a reason for staying away. Other noted barriers include: doors that are difficult to open; absence of ramps; narrow doorways and/or corridors; inaccessible washrooms; and lack of accessible parking.

Schools and workplaces get a generally positive review, with 83 per cent of respondents with a disability reporting that these venues are easy to enter and navigate. However, the survey designers caution those results may be somewhat skewed.

“It’s worth noting that the question was only asked of those who are currently working or going to school,” the accompanying report states. “Anyone with challenges significant enough to prevent working or seeking education outside the home may have a different perspective on the accessibility of a typical school or workplace.” 1 Barbara Carss is editor-in-chief of Canadian Property Management.

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Condos, rentals slated for Montreal's Molson Brewery site A Quebec consortium has finalized the purchase of Montreal's Molson brewery site, clearing a path for redevelopment vision that will introduce a “diverse housing alternatives that meet the needs of the neighborhood and future residents.”

The consortium consists of Selection Group, Montoni, and the Fonds immobilier de solidarité FTQ. It intends to redevelop the former Molson site on Notre-Dame Street into a district featuring condominiums, retail outlets, and private, social, and community-inspired rental units.

"We want to provide Montrealers with a complete, lively neighborhood that combines quality of life, an employment hub and respect for the environment,” said Réal Bouclin, Founding President and Chief Executive Officer, Selection Group. “When the Molson family set up its brewery on the banks of the river at the end of the 18th century, it foreshadowed the city's industrial development. Today, Selection Group wants to play a leading role in the transformation of this part of downtown Montréal.”

The consortium's design includes plans to make the neighbourhood greener, and take full advantage of the nearby St. Lawrence River. Moreover, the group aims to make the area more engaging for community members and tourists alike.

46 CONDOBUSINESS | Part of the REMI Network

“The site will remain an important employment hub and will also be transformed into a lively neighborhood that will be swarming with residents,” said Normand Bélanger, President and Chief Executive Officer, Fonds immobilier de solidarité FTQ, adding, “The next steps in this structuring project will be inspired by the common goal of successfully transforming the area."

Molson Coors intends to relocate its head office to the future site. Company president and CEO added the consortium's vision is fitting for the iconic site, noting, “It goes without saying that Molson Coors is naturally very attached to the Montréal island site and the sales process was rigorously structured to ensure a lasting legacy for Montrealers that Molson could be proud of.”

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