Issuu

Canada’s Most Widely Read Condominium Magazine

March/April 2017 • Vol. 32 #1

LITTERBUGS, BEWARE Toronto cracks down on waste contamination at multi-res properties

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Spring maintenance Landscaping contracts, refreshing refurbishment and weeding out dandelions

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Contents FEATURE

Unsorted trash fetches fines By Michelle Ervin

Seven culprits for odour complaints By Dylan Haber

Security Audits key to access control By Scott Hill

Maintenance Fan coil contamination of growing concern By Urvashi Yvas

Design A renovation that sings By Anita Wiklem

FOCUS ON: SPRING MAINTENANCE

Weeding out dandelions By David Lammers

DEPARTMENTS

Legal Privacy issues arise alongside drones By John De Vellis

Regulations A timeline of proposed rules to accompany condo law reforms

Governance Electronic notices could help offset costs By JJ Hiew

Management Reduce, reuse, retrofit? By Michelle Greve

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EDITOR'S LETTER

The middle men (and women) Heading into this spring, I have been

thinking a lot about the disruptive nature of some of the projects that take place in multi-unit residential buildings, and

the role of property manager as middle man or woman. I have had a front-row seat to escalating frustrations as residents of my postwar building have endured multiple elevators taken out of service, one of two boilers break down and ongoing water shutoffs for pipe replacement. I can see why my neighbours’ patience has worn thin, especially among retirees who spend more time in the building and for whom these intrusions are particularly disruptive. But there’s not much the property management team can do other than to continue to send notices alerting us to work and apologizing for the accompanying inconveniences. Dealing with people is obviously a big part of the job as a property manager, so I suppose this middle man or woman status sort of comes with the territory. But recently, condo lawyer Denise Lash brought to light another area in which condo management is getting caught in the crosshairs — and maybe wrongfully so. This month’s cover story looks into Lash’s report of both condo corporations and condo management companies getting charged with waste collection offences under Toronto’s municipal code. She argues that condo management companies are the wrong party to charge. Regardless of who is handed the ticket, statistics obtained from the city show that more tickets are being handed out as bylaw enforcement officers crack down on the co-mingling of garbage and recyclables in multi-residential buildings. Of course, on maintenance, you will find a package of articles covering everything from negotiating landscaping contracts to refurbishing common elements. As you gear up for spring projects, the best advice I can offer is to communicate plans with residents, so they know what to expect. And if residents still need to vent, lend them a sympathetic ear.

Michelle Ervin Editor, CondoBusiness michellee@mediaedge.ca

Publisher Mitchell Saltzman Editor Michelle Ervin Advertising Sales Sean Foley, Stephanie Philbin, Melissa Valentini Senior Designer Annette Carlucci Designer Jennifer Carter Production Manager Paula Miyake Contributing Writers Michelle Greve, Dylan Haber, JJ Hiew, Scott Hill, Allan Kling, David Lammers, John De Vellis, Anita Wiklem, Urvashi Yvas 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. Circulation Department Aashish Sharma circulation@mediaedge.ca (416) 512-8186 ext. 234 CONDOBUSINESS is published six times a year by

President Kevin Brown Accounting Manager 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. Canadian Publications Mail Product Sales Agreement No. 40063056 ISSN 0849-6714 All contents copyright MediaEdge Communications Inc. Printed in Canada on recycled paper.

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How to negotiate landscaping contracts Come spring, condominium corporations may be in the market for a new landscaping contractor. The more detail that can be documented in contracts upfront, the rosier the relationship between corporation and contractor is likely to be. Allan Kling, president of Urban Garden, answers: What should corporations look for in landscaping contracts? Experience suggests the most successful relationships b et we e n c o n d o m i niu m c o r p o r at i o n s a n d l a n d s c a p e contractors always involve two things: a contractor who knows condominiums and good communication between all involved — management, board, committees and contractor. Here are a few critical considerations to make when negotiating contracts: Condominium experience When searching for a new landscape contractor, give priority to those that have worked with condominiums. They will understand unique requirements such as heightened security concerns, the longer decisionmaking process and the numerous players involved. A contractor needs to be comfortable collaborating with all of them and accept that the relationship will take more of its time. If a property is in a congested urban area, a contractor who is familiar with the big-city challenges of parking, confined spaces and gardens that are often on rooftops makes the owner’s job easier. Consistent crews Knowing the condominium’s gardener is about good, consistent communication. When negotiating, stipulate that the corporation wants the same crew leader and team every visit. Ideally, representatives of the corporation should meet that crew leader before committing. The

10 CONDOBUSINESS | Part of the REMI Network

corporation will ideally find a crew leader who wants to collaborate with the corporation and take ownership of its property’s landscaping. A related point: consider establishing a landscape committee or point person that can work with the contractor’s personnel. A constant exchange of ideas makes for the best gardens. Detailed plans The typical landscape contract is long on legal protections, but often does not spell out what is to be provided — certainly not in enough detail. This is particularly true of annual plantings. The contractor should give the corporation a detailed planting plan for each season: what plants, where, and roughly how many. Here again, the corporation’s landscape committee can play a role in creating those plans. It is the one certain way of getting what the corporation wants. Also require the contractor to specify its rates and charges for work not included in the contract. Additional work always arises and the corporation needs

ASK THE EXPERT to know the basis for the quotes. Needless to say, never agree to additional work without a firm specification and quote. It’s important to secure both cost and time commitments for all work. Make sure the contract specifies when work is to be done and when it is to be completed. There is nothing more frustrating than a summer planting that doesn’t get completed until August. If the corporation’s staff is to perform any landscape work (e.g. watering container plantings), make clear who is responsible for what. The contract should also specify who is responsible for paying to repair inadvertent damage to features such as irrigation and lighting, which will almost certainly occur. Finally, the contract must specify specific days and times of service visits. Contract length Consider negotiating a multi-year contract. Landscapers are happy to avoid the time and expense entailed in quoting annually and are often willing to commit to modest increases year over year. An added benefit: the corporation should receive better care as the landscaper develops a grasp of plant health, project development, longterm property goals and corporation preferences. What about a four-season contract? There are obvious advantages in having one contractor and one contract. For example, a corporation can avoid that annual spring argument between landscape and snow contractors over who is responsible for the winter kill. One potential drawback to note: the corporation needs an experienced gardener who knows the property and its plants. All-season contractors may not have that expertise on staff. Warranty coverage Pay attention to the fine print. Ideally the landscaper commits to replacing plants that are either dead or ‘failing to thrive.’ The warranty should be one year from the date of planting — possibly longer for mature plants. Make sure that both the cost of the replacement plant and the cost of labour to install it are included in the warranty. While a corporation can always ask, do not expect a contractor to warrant tender plants such as bulbs, roses and annuals. Due diligence All contractors should provide the corporation with their WSIB number and a certificate of insurance naming the corporation as an insured party. Also ensure the contractor has adequate

liability coverage — in this contractor’s opinion, a minimum of $1 million. The contract must require that the contractor adhere to all applicable legislation, including that relating to pesticide application, occupational health and safety and WHMIS. As an added security measure, consider requiring all landscape staff to be neatly attired in a clearly identifiable uniform. Needless to say, a contractor may not agree to all of the above, but there is no harm in negotiating for them! 1

Allan Kling is president of Urban Garden, a Toronto-based company specializing in the design, construction and maintenance of landscapes for condominiums. Allan is a Certified Landscape Professional, a member of Landscape Ontario, ACMO, BOMA Toronto, and the Canadian Nursery Landsc ape Association. He is also president of Toronto Botanical Garden and sits on the board of Landscape Ontario’s Toronto Chapter. Allan can be contacted at akling@urbangarden.ca or 416-805-0703.

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SPRING MAINTENANCE

Weeding out dandelions T he yel low patches cropping up in green spaces across the city are a sign spring is

BY DAVID LAMMERS

here. Love them or hate them, dandelions proliferate in yards, parks, industrial

and public spaces across southwestern Ontario. With Canada’s ban of pesticide and herbicide products, which have traditionally been a dependable method of fighting the spread of dandelions, this weed is making a comeback. And it’s everywhere. For property managers responsible for keeping green spaces green and not yellow, dandelion control is probably on their priority lists. So, is the battle to stop the spread of dandelions across their green spaces one worth fighting? And if so, how can property managers do this safely and responsibly? To answer these questions, first one needs to know thy enemy. About the dandelion Dandelions (Taraxacum officinale) are easy to spot. This broadleaf weed has a yellow flower, white puffy seed head and jagged leaves. It pops up in the early spring and flowers continuously throughout the spring, summer and into fall. One of the reasons dandelions spread so quickly across a lawn is that they have two methods of reproduction — from their taproot and also through seed germination. Since dandelions adapt well to the weather and can grow in most soil types and conditions, they can be very persistent and competitive in any green space. Although dandelions can be a nightmare for property managers, it’s possible to take advantage of their weaknesses to better keep them under control. Prevention first with healthy turf The best way to deal with dandelions is to prevent their growth in the first place. Dandelions do better on turf that is thin and weak, so focus on promoting a healthy, thick turf to avoid infestations. To maintain healthy turf, practice regular turf aeration, top dressing and over seeding. Monitoring soil levels and turf moisture, as well as using the right grass species for the location, makes it easier to keep pests such as dandelions and clovers at bay.

12 CONDOBUSINESS | Part of the REMI Network

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Inhospitable soil conditions hinder growth Soil fertility and pH levels are important factors when dealing with dandelions. Dandelions love soil with low calcium and pH levels, and high potassium and nitrogen levels. Check soil (or have a landscaping company test it) to ensure that soil levels aren’t ripe for dandelion growth. If the soil is conducive to dandelions, then add more calcium and lime as needed. Be wary of the landscaper that wants to add too much nitrogen (fertilizer) to the turf area if there is an existing problem. Dandelions absorb fertilizers better than grasses and this will only compound the problem. Organic weed sprayers fight infestations For property managers dealing with existing dandelion infestations, an immediate solution is organic weed spray. These sprays are legal to use in Ontario, but must be applied by a landscaping company that is licensed to spray them. Although many older pesticides and herbicide products have been banned in Canada, organic weed sprays are legal to use because they target problem weeds with minimal environmental impact. Some sprays work quickly and effectively, offering visible results the day they are used. Sprays that use Iron (FeHDTA) as their active ingredient are rain fast in three hours, making them appropriate for use in cool weather. Once the area has dried people and pets can enter immediately, so there is little worry or inconvenience to the public. If turf already has a lot of dandelions and, worse, they have gone to seed, then certain sprays can help eliminate the problem, allowing property managers to work on improving soil and turf conditions as preventative measures moving forward. Ultimately, the best solution in the fight against dandelions is prevention. It’s important to have a strong turf and good quality soil, otherwise the dandelion gets exactly what it needs to thrive and spread across a green space. 1 David Lammers is the president of Garden Grove Landscaping. Garden Grove provides commercial landscape management services across the Golden Horseshoe, GTA and Southwestern Ontario. David may be contacted at david@gardengrovelandscaping.com or 1-866-996-1099.

LEGAL

Flight risk: Privacy issues arise alongside drones Anyone who has attended a condo trade show in the past few years has no

BY JOHN DE VELLIS

doubt seen the wonderful new array of tech gadgets available for the condo community. They range from super high-resolution cameras to commercial drones that can quickly diagnose water penetration and other issues without ever leaving the ground. Tech nerd or not, the possibilities are exciting. But the very features that make powerful new technology attractive to condo corporations also create potential risk of invasions of privacy. For example, a drone can capture data about the building structure as it scales the envelope, but consider too the images or video it could unintentionally (or intentionally?) capture as it flies past residents’ windows. And that’s important because developments in privacy law have created increased liability risk for persons who invade the privacy of others. In 2012, the Ontario Court of Appeal in Jones v. Tsige found that an individual whose privacy has been breached in a serious way may sue for damages in civil court. In the Jones case, the defendant, a bank employee, had, for personal reasons

that had nothing to do with her job at the bank, snooped into the plaintiff’s account information on numerous occasions. The court said that the new tort is not meant for trivial privacy breaches but is limited to “deliberate and significant” invasions of personal privacy that would be considered “highly offensive.” Only intrusions related to financial or health records, sexual practices and orientation, employment, diary or private correspondence would be described as highly offensive. Damages are generally capped at $20,000 but could be higher if the plaintiff can prove economic losses (such as loss of income) or if the privacy breach is so serious as to warrant punitive damages. Generally, damages would depend on the frequency

of the breaches, the effect on the plaintiff's life, and the degree of annoyance and embarrassment suffered by the plaintiff. Although this principle has yet to be applied in the condo context, it’s not hard to imagine that a snooping drone catching someone in a compromising position could fall into the category of a highly offensive invasion of privacy. Imagine how a plaintiff in such a scenario would describe the impact that the breach has had on his/her life, personal relationships, ability to enjoy his/her home, etc. What about surveillance technology in places such as hallways and other common areas? Surely there are no privacy issues there. Actually, in a 2015 criminal case called R. v. White, the Court of Appeal found

www.REMInetwork.com | March/April 2017 15

LEGAL

that persons living in multi-unit buildings may have a reasonable expectation of privacy even in the common areas of the building. In that case, the police had broken into the common areas of the building, walked through the hallways, entered the storage area and viewed the contents of the accused’s storage locker. The detective also hid in the stairwell, where he observed the accused’s unit and listened to what was going on inside the unit. Now, because White was a criminal case the court’s decision related only to the issue of whether the evidence gathered by the police should be excluded as a warrantless search. In general police need a warrant to search an individual but the requirement only applies to homes and other places where the accused person had a reasonable expectation of privacy. But by recognizing a reasonable expectation of privacy in common areas the court may have opened the door to a civil claim based on unreasonable surveillance in those areas. Even if the behaviour is not serious enough to warrant civil damages against the condo corporation, it may still run afoul

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of federal privacy legislation (Personal Information Protection and Electronic Documents Act, or PIPEDA for short), which governs the collection, use and disclosure of personal information. That doesn’t mean condo corporations should all ditch technology. It just means that some reasonable precautions should be taken to protect residents’ privacy and the condo corporation from possible liability. First, the condo corporation should have a privacy policy that governs the collection, use and disclosure of all personal information. Contractors who potentially have access to personal information should be aware of and agree to the policy. The policy should specify who may view surveillance video, key fob information and other potentially sensitive personal information. Other personal information, such as financial records, should also be covered by the policy. With respect to video surveillance specifically, it should only cover public areas and, generally, there should be a notice that the area is subject to video surveillance. In addition, it should only be monitored by designated representatives such as security personnel and property management. Directors should only view video footage if it relates to a specific health, safety, security, rules violation and/or trespassing incident or issue. In some cases it may be reasonable to have surreptitious surveillance to, for example, catch a vandal in the act. In that case the surveillance should only be used for that purpose and not to secretly track someone’s daily movements and other personal characteristics. Any use of the corporation’s assets to unfairly target a particular owner can also lead to claims of oppression against the condo corporation. Therefore, the board and management should take care to ensure that video surveillance is not used for self-dealing, discriminatory purposes or to settle political scores within the building. Finally, in the case of drones, just like a condo corporation would want to notify residents of window washing so they can draw their curtains shut for privacy, the corporation should notify residents when drones will be used for building inspections. It’s a good idea to warn residents so they can shut their curtains for privacy. It sounds like a long list, but really avoiding liability in these areas likely comes down to this: be reasonable. Use technology only for the purposes for which it was intended, and take reasonable precautions to ensure residents’ privacy is protected. 1 John De Vellis is a partner and a member of the condominium law group at Shibley Righton LLP. He acts for condo corporations throughout south and southwestern Ontario on all aspects of condominium law including compliance and governance issues, general litigation, employment and human rights disputes, construction deficiency issues, shared facilities disputes, and commercial matters such as contract review and drafting, and advice on loan agreements and re-financing.

DelProperty_Condo_March_2017_FINAL.pdf

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REGULATIONS

A timeline of proposed rules to accompany condo law reforms

Feb. 24, 2017

Feb. 13, 2017 Dec. 16, 2016

Editor’s note: After Bill 106, the Protecting Condominium Owners Act, was passed into law at the end of 2015, news about forthcoming changes to Ontario’s condo laws slowed to a trickle. That’s because bureaucrats were busy writing the regulations that would fill in the details of the reforms. Starting in late 2016, the government began releasing draft rules in phases for public review. What follows is an overview what has been proposed so far, as documented on our website, the REMI Network, and the dates that, if adopted, different elements of the draft rules are expected to take effect. These proposals are current as of press time in early April but are subject to change. Industry groups have recommended changes to some of the draft rules. For now, the 1998 version of the Condominium Act remains in force. In the meantime, follow www.REMInetwork.com for the latest news on these forthcoming changes and stay tuned for more coverage in subsequent issues.

1. The first round of draft rules under the new Condominium Management Services Act is released for review. The Ontario government’s plans to license condominium managers inched closer to reality with the release of a general regulation for public comment. The first set of draft rules under the Condominium Management Services Act has mapped out what the transition to licensing could look like, along with possible application and education requirements, conditions and exemptions. The proposed transition to licensing would give condominium managers who are active when the new legislation rolls out around five months (150 days) to apply for a license. In the interim, they would be considered to hold a particular class of license based on their education and experience.

Managers with less than two years of experience would be eligible to apply for an entry-level limited license, which would come with conditions and restrictions. Managers with more than two years of experience would be eligible to apply for a transitional general license, which would give them time to complete education requirements that have yet to be specified. The registrar would have the authority to recognize previous education and experience, such as courses, internships and training programs, as having met the education requirements for a limited or general license. During the transition, managers with more than two years of experience who have also successfully completed the Association of Condominium Managers of Ontario’s (ACMO) four courses would be eligible to apply for a general license. A summary of the draft rules

18 CONDOBUSINESS | Part of the REMI Network

notes that ACMO’s four courses and exams are under consideration as the educational prerequisite to applying for a general license. The regulation proposes to exempt from licensing requirements many of the other professionals who provide services to condominium corporations, including accountants, engineers and lawyers. The regulation also proposes to exempt board directors from licensing requirements, u n l e s s a b o a r d d i re c to r i s b e i n g compensated for providing condominium management services. Whatever their form, be it corporation, partnership or sole proprietor, providers of condominium management services will have to be licensed, too. The application process would involve naming a general license holder as their principal condominium manager, among other things.

REGULATIONS

In addition, the proposed regulation lays out what information licenses could contain, a possible obligation to produce licenses on request on the job, and timeframes for retaining business records and transferring client records. Further, the draft rules touch on requirements for disclosing conflicts of interest and whether a manager possesses insurance as well as complaints procedures and what information could be made publicly available about license holders. Members of the public and stakeholders were given until Feb. 6, 2017 to comment on the proposed regulation, which the government is aiming to finalize for roll out on July 1, 2017. The deadline to comment was later extended to Feb. 24. Further proposals for regulation under the Condominium Management Services Act are slated to be released for public comment in early 2017 and projected to roll out before the end of the year. They are expected to outline a code of ethics as well as processes for discipline and appeals committees.

proposed changes to regulations under the Condominium Act by March 30.

3 . Draft rules relating to the administrative authorities established under the reformed Condominium Act and new Condominium Management Services Act are released for review. The Ontario government released a third round of draft rules under the Condominium Act reforms and the new Condominium

Management Services Act. Passed but not yet in force, the legislation reformed Ontario’s outdated condo laws and introduced new laws to regulate the condo management industry. If adopted, the draft rules would see the recently created Condominium Authority of Ontario (CAO) designated as the condominium authority described in the Condominium Act reforms. The CAO would be responsible for administering provisions

SOLUTIONS FOR WHAT YOU CAN’T SEE

2. A summary of the first round of draft rules under the Condominium Act reforms is released for review. A plain language summary of the first round of proposed changes to rules under the Condominium Act was posted on Ontario’s Regulatory Registry. The draft regulation was subsequently added to the registry. If adopted, new requirements for giving owners regular updates and maintaining records of owners would roll out July 1, 2017, as would mandatory director disclosures and training along with new meeting notice procedures and new prescribed proxy forms. Rules clarifying minimum retention periods for records and standardizing the records request process would take effect this fall. The proposed changes to regulations under the C ondominium Ac t come as par t of the overhaul of Ontario’s outdated condo laws. Bill 10 6, the Protecting Condominium Owners Act, set out a framework for the sweeping changes based on input collected during an 18 -month consultation process; the regulations will spell out the specifics. For now, the current Condominium Act remains in force. The Ministry of Government and Consumer Services invited industry stakeholders and members of the public to comment on the

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REGULATIONS

To start, the regulations propose that the Condominium Authority Tribunal hear

only disputes related to rules under section 55 of the Condominium Act, which deals with records. of the Condominium Act relating to new requirements for condo returns and director training, among others. The CAO would also oversee the Condominium Authority Tribunal, which is envisioned as a cheaper, faster alternative to taking certain types of disputes to court. To start, the regulations propose that the Condominium Authority Tribunal hear only disputes related to rules under section 55 of the Condominium Act, which deals with records, with some exceptions. The proposed regulations further provide that tribunal orders, excluding certain personal information, would be published online in a freely accessible database. Rikos_Condo_March_2017_FINAL.pdf If adopted, the draft rules would also 1

see the recently created Condominium M a n a g e m e nt R e g u l ato r y A u t h o r i t y of Ontario (CMRAO) designated as the administrative authority described in the Condominium Management Ser vices Act. The CMRAO would be responsible for administering most provisions of the Condominium Management Services Act along with its regulations. The draft rules further propose to delegate some of the lieutenant governor in council’s regulation-making powers under section 78(1) of the Condominium Management Services Act to the minister of government and consumer services. An example of those regulation-making 2017-03-09 3:25be PM the ability to require powers would

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licensees to include specified terms in condo management services contracts. If the draft rules are adopted, both of the recently created administrative authorities are expected to be designated by mid to late 2 017. T he changes delegating cer tain regulation - making powers to the minister of government and consumer services are projected to take effect within the same timeframe. The provisions concerning the scope of disputes to be heard by the tribunal and the publication of tribunal orders are slated to come into force this fall. The ministr y said it would accept feedback on these proposed regulations until April 10. 1

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www.REMInetwork.com | March/April 2017 21 14-10-22 10:58 AM

GOVERNANCE

Electronic notices could help offset costs of new communication requirements Once in force, Bill 106, the BY JJ HIEW Protecting Condominium Owners Act, will require condo corporations to communicate more regularly

with owners. For corporations that still communicate by traditional means, this could translate

to more printing and mailing costs. Some corporations are now considering distributing formal notices electronically.

22 CONDOBUSINESS | Part of the REMI Network

GOVERNANCE

Moving to electronic communication can help to reduce administrative burdens and costs each time a condo corporation must send a notice. AGM packages, for example, can exceed 100 pages. For a large condo of 500 units, that works out to around 50,000 pages, which represent substantial printing and mailing costs. For these same reasons, corporations may want to consider communicating with their owners electronically regardless of coming legislative changes. But before moving to electronic communication, boards may have some questions about legal requirements, potential pushback and what, if anything, will change when the recent condo law reforms take effect. Is it legal to deliver notices electronically? Section 47 of Ontario’s Condominium Act sets out that owners must receive notice, in writing, at least 15 days before the AGM. Delivering the AGM package by mail meets this requirement; however, section 47 also provides alternative means to serve notice to owners, including email, fax, or other electronic methods. The only caveat to sending notices by electronic means is that the owner must agree in writing to receive notices in this manner. If the owner does not provide consent, then serving the notice electronically is not enough — the corporation must continue to send a hard copy of the AGM notice by mail to comply with the legislation. So, if it is legal to do, then why are condo corporations not sending their meeting packages via email? It could be that condo corporations do not collect email addresses as a normal procedure when registering owners, or that owner registration forms do not have a section for owners to express consent. Further still, electronic notices may not be a part of the overall communication strategy for the corporation. How can a condo corporation make the transition? Some condo boards worry that their community may not be ready to embrace electronic communication. They may find it helpful to remind residents that consenting to electronic communication is optional, and that there are potential benefits for the corporation. Electronic communication can generate cost

Five tips for collecting owners’ email addresses 1. Provide owner registration forms at a central location, such as the concierge desk, property management office, or at an upcoming condo meeting or social event. That way, owners can pick up the form, fill it out and drop it off at their leisure. 2. Consider asking owners to update their resident registration forms yearly as a check-in, which provides an opportunity to request consent for electronic communication. 3. Create a new page on the corporation’s website where owners can provide their consent and email addresses. 4. Use free tools such as Google Forms to create an online survey to collect owner information and consent. This information is then captured in a spreadsheet indicating which owners have consented to electronic delivery. 5. Configure condo management software to improve communication between the corporation and residents, and send a notice to owners requesting their consent for electronic notices.

savings and make it easier to communicate more regularly — not to mention it’s more environmentally friendly than mailing notices. To obtain consent from owners to send notices electronically, condo corporations should use a standard form that looks like the registration form that owners must complete when they first take possession of their unit. Condo corporations should also consult with their legal counsel before drafting the consent statement on the form. Sending out the AGM or budget packages should not be the only times of year that condo boards communicate with their owners. Collecting email addresses makes it possible to electronically send newsletters, notices about garage powerwashing and fire - alarm testing, and reminders to owners about processes and procedures of the building. What will change when Bill 106 takes effect? Once enacted, Bill 106 will overhaul Ontario’s nearly 20-year-old Condominium Act, strengthening consumer protection and supporting the needs of both current and future condo owners. How broadly this will impact the governance of condo corporations remains to be seen. However, there are a few provisions with the potential to increase communication requirements and therefore communication costs. Many boards already provide a preliminary notice of a meeting to encourage owners to nominate candidates for director positions or

make suggestions for the meeting agenda. Bill 106 will require condo corporations to send out a preliminary meeting notice 20 days ahead of the official meeting notice. This advance notice will give the property manager and condo board a chance to include the suggestions and nominations in the AGM package. In addition to preliminary notice of a meeting, Bill 106 will mandate more communication with owners through “information certificates.” Boards will have to issue these updates on a regular basis, or at specified times, to keep owners apprised of the condo corporation’s insurance, legal proceedings, and directors’ contact information. In keeping with the current Condominium Act, Bill 106 will still allow boards and property management firms to use electronic methods for these increased communications, which could offset the accompanying rise in costs. However, as detailed, owners must provide their consent to receive formal notices in an electronic format and the corporation will continue to be required to maintain a record of which owners have provided their consent. This is something corporations can and may want to get started on now. 1 JJ Hiew is a condominium director, chief technology officer and co-founder of GetQuorum.com, an online proxy voting system and meeting package distribution service for owner meetings.

www.REMInetwork.com | March/April 2017 23

COVER STORY

UNSORTED TRASH FETCHES FINES

COVER STORY

BY MICHELLE ERVIN

Toronto is cracking down on waste contamination at condo properties. The uptick in ticketing for this bylaw infraction comes as the city prepares to roll out its long-term waste management strategy, which puts a big target on multi-residential buildings

www.REMInetwork.com | March/April 2017 25

COVER STORY

The City of Toronto is cracking down on bylaw infractions concerning the co-mingling of garbage and recycling in bins put out for municipal pick-up at multi-residential properties. Last year, bylaw enforcement officers issued 15 times as many tickets for waste contamination at residential properties that receive municipal pick-up as were issued in the three previous years combined. Jim McKay, general manager of Solid Waste Management Services, said that some of the Lionheart_Condo_March_2017_FINAL.pdf increase could be attributed to a new initiative

aimed at tackling waste contamination at multiresidential properties across the city. He said Municipal Licensing and Standards, the division responsible for bylaw enforcement, set up a multi-residential team, which is working with leads from his division on the initiative. Toronto Municipal Code Chapter 844 – 16A(3) makes it an offence for residential property owners to put contaminated waste out for city collection. In this context, contamination refers to the garbage, 1 co-mingling 2017-02-16 of10:40 AM organics, recycling, prohibited and yard waste.

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Bylaw enforcement officers issued single tickets under Chapter 844 – 16A(3) in 2013 and 2014, 10 tickets in 2015 and 184 tickets in 2016. These numbers explain a perceived increase in enforcement activity after a report recently emerged of condo corporations and condo management companies facing charges for waste contamination. The uptick in ticketing sends a warning to condo corporations that rely on municipal pick-up about complying with waste collection bylaws. As condo lawyer Denise Lash pointed out in a blog post flagging the issue, these bylaw infractions can ultimately attract penalties of up to $50,000 for first-time offences and up to $100,000 for repeat offences. Corporations further run the risk of having the municipality suspend city collection services at their building. Although these risks exist, data for the last four years show that all charges laid for waste contamination were pursued as less serious Part I offences, which carry a ticket with a set fine of $100. More serious Part III offences are where a ticket is bypassed in favour of an information, which summons the accused to court. Property owners or managers should get a warning before facing charges based on the process described by Rose Burrows, district manager, parks and waste enforcement. Burrows said that bylaw enforcement officers proceed to issue charges only after representatives of a property have received education and a notice of violation. Many investigations are triggered by complaints, according to the City of Toronto’s long-term waste management strategy, but investigations can and do occur proactively. Burrows said Municipal Licensing and Standards coordinates with Solid Waste Management Services to dispatch bylaw enforcement officers to locations based on contamination levels in the loads dropped off at transfer stations. When bylaw enforcement officers attend a site, they look for the property manager or superintendent to obtain access to the waste collection bins in order to conduct inspections. Lash said in a phone interview that she is cautioning condo corporations against providing access to their buildings, as the Toronto Municipal Code only entitles bylaw enforcement officers to access “land” to carry out their work. In her blog post, the condo lawyer documented a case in which a condo management company was charged with a waste collection offence after a staff member of the property let bylaw enforcement officers into the garbage room. Complicating the matter further, she argued

that the condo management company is the wrong party to charge. She reported that in this case the condo management company succeeded in fighting the charge in court on the basis that it was not the property owner. “Even so, it was really a concern that this is how the City of Toronto is going about dealing with this issue,” Lash said in the phone interview. Burrows maintained that Municipal Licensing and Standards can charge both owners and operators of properties, and property management companies would be considered operators. Burrows also said that bylaw enforcement officers can access common areas in “multi-residential rental buildings.” Laura McKeen, a partner at Cohen Highley LLP Lawyers with expertise in condo and municipal law, said that condo corporations may want to ask for requests to access common areas in writing and confer with their legal counsel. But she added that denying access could potentially result in further charges. McKeen said that condo management companies can get caught in the crosshairs of bylaw enforcement because the Toronto Municipal Code defines property owners to include anyone “in charge or in control of” a property. “As a management company, it’s always important to know where your potential liability is and making sure that you, in your management contract, have clear responsibilities set out there in terms of indemnification,” she said. There may be an opportunity to sort out the differences in opinion surrounding whether bylaw enforcement officers have a right to access buildings and whether condo management companies are the correct party to charge with waste contamination offences. A multi-residential waste diversion advisory group is due to be established as Toronto rolls out its long-term waste management strategy, which was adopted by city council last summer. The strategy puts a big target on multiresidential buildings, where diversion rates are typically worse and where residents will increasingly live. With roughly 50 per cent of Torontonians living in multi-residential buildings, these communities will be expected to play a major role in the city being able to reach its waste diversion goal for the next 10 years. The municipality is aiming to achieve a waste diversion rate of 70 per cent among residential users of city collection services by 2026. The strategy lays out a number of options for improving waste diversion in multi-residential buildings.

The city will contemplate introducing bylaws that would extend waste diversion requirements to multi-residential buildings that use private collection services. Currently, 420,000 of Toronto’s 621,000 multi-residential units are serviced by city collection. The city will also contemplate updating multiresidential development standards to require, for example, that space be allocated to common area drop-off depots. “The planning, policies and enforcement recommendations are expected to elicit the greatest impact to increase diversion from this particular sector,” states a staff report accompanying the strategy. The strategy acknowledges the success of ongoing promotion and education efforts, but suggests enforcement measures may need to be strategically used in under-performing areas of the system. As the City of Toronto looks to enforcement as part of its strategy, condo corporations have the daunting task of making sure their communities comply with waste collection bylaws. In other words, corporations are responsible for policing the behaviour of residents, the ones doing the sorting of garbage, recyclables and the like. Lash said the challenge is particularly great for older condo buildings where there is a single garbage chute, as compared with newer condo buildings where updated development standards have mandated solutions such as tri-sorters that make it easy to comply with waste collection bylaws. She noted that a condo corporation can apply to the municipality to have its garbage chute sealed, forcing residents to walk to a central waste collection facility to place their waste in the appropriate bins. The condo lawyer also said that condo corporations can incent compliance by educating residents and penalize non-compliance by passing rules. Most compelling may be the fact that corporations have an opportunity to save money by improving their waste diversion rates. Unrelated to bylaw enforcement, Solid Waste Management Services also put proper ties on notice last December that it will be visiting sites that receive municipal pick-up to inspect recycling bins for contamination, McKay said. The move, which comes in response to a “substantial increase” in non-recyclable materials arriving at the city’s recycling processing facility, will see contaminated recycling bins collected and charged as garbage bin lifts. 1

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www.REMInetwork.com | March/April 2017 27

MANAGEMENT

Reduce, reuse, retrofit? Many property managers oversee BY MICHELLE E. GREVE older buildings that have a compactor at the base of the garbage chute. However, the City of

Toronto requires recycling at all properties, including multi-residential buildings. City haulers

will empty sorted waste containers, but contamination can attract hefty fines and even force condo corporations to switch to private haulers.

28 CONDOBUSINESS | Part of the REMI Network

MANAGEMENT If organic waste is no longer allowed to be combined with garbage, what is the alternative? There are a few options. Bi- and tri-sorting systems aren’t necessarily new. All new builds in the past 10-plus years have them. Sorting systems may be retrofitted in existing buildings that don’t have them, depending on the ceiling height. However, they are not created equal. Sorting systems were designed to get apartment dwellers recycling, like all other home owners, to reduce the amount of unnecessary waste going to landfill. Buildings have this big piece of steel in the shape of an upside down Y, or maybe an L, depending on the configuration of the garbage room. The garbage room is a key element to the design of the sorting system. In a perfect world, the ceiling’s height is at least 13 feet. That said, a ceiling height as low as nine feet from the bottom of the fire damper to the floor will work — albeit with challenges many property managers are experiencing in some of their buildings. Why is the ceiling height important? Towers are being built higher and higher, and the impact of waste puts a tremendous amount of strain on the waste system at the bottom of the chute. The velocity of waste, as it begins to fall, increases in speed every 9.81 square metres or every 32.17 square feet — meaning, waste can fall at more than 70 kilometres an hour (km/hr) from the 6th floor, at 141 km/ hr from the 25th floor, at 177km/hr from the 40th floor and at more than 250 km/hr from the 57th floor. In an 80-storey tower, the speed will well exceed 300 km/hr! The type of waste going down the garbage chute also affects its impact. A five-pound bag of organics, with its dense water weight, has a greater impact than a five-pound bag of shredded paper. Glass bottles will shatter. And at the bottom of it all are the sorting system and compactor, waiting with open arms to accept the abuse. The higher the height of the ceiling, the more room there is for the sorter flaps to move from open and closed positions, getting waste into their respective bins. Height is also important in terms of the spacing between the fire damper and the sorter and between the sorter and the bins. When there is easy access, it’s simple to rake the waste across the bin and change it out. Diverter flaps, either flat or ribbed, are another essential part of the sorting system and therefore not a place to save money — their thickness is key. It takes a solid rod or cylinder to move this thick steel, which makes hydraulic arms important too. Electric arms are prone to burning out regularly, costing more in the long run. Whether a chute is insulated and what type of insulation is used affects impact and noise. There’s spray or wrap insulation. Spray insulation contains the sound inside the chute; however, how the builder insulates the walls of the overall structure also plays a factor. Wrap insulation

www.REMInetwork.com | March/April 2017 29

MANAGEMENT will break down over time if it gets wet. Rain can blow sideways from time to time, so break down is inevitable. Bi- and tri-sorting systems are convenient, sorting waste with the push of one of three buttons, but they rely on the resident pushing the correct button. When equipment features a dedicated button cycle function, there is a risk residents will interrupt the process, switching waste streams before the process is complete. There are sorting systems that don’t allow this interruption. Lock-out systems reduce the chance of cross-contamination, but if residents are in a rush, they may not have the 30 to 45 seconds to wait that some sorters require. Also on this note, look for systems that let multiple people simultaneously use the same chute path so there’s no wait when they get to the chute room on their floor. It’s possible to educate residents on the systems’ use; however, not everyone will attend training. Visual aids can help with this and with language barriers. Most municipalities provide free posters on request to display in disposal rooms, in elevators and on recycling containers. Recycling can go down the chute, although cardboard gets stuck if it’s not cut into small enough pieces, which few people are likely to

do. It’s recommended buildings ban cardboard going down any chute. If problems such as this do occur, it’s helpful to have a system with a control panel that can pinpoint them. This feature is cost-effective for trouble-shooting and if a contractor needs to come in for a service call. Some of the capabilities to look for include exact floor/door message alerts, blocked chute/flap jams alerts and motion faults i.e. if an item doesn’t pass the compaction sensor, sorter monitor and diagnostics. Similarly, monitoring services are available to notify a superintendent when the bins are full. The only question is: Who will change the bins if they need to be changed after hours? Unless a condo corporation has a live-in superintendent or pays for 24-hour attendance, every morning the superintendent or cleaner faces the overflow of last night’s waste backing up into the chute. This doesn’t necessarily happen in buildings with 180 units, but in taller towers with upwards of 350 units, this can be a daily problem. When the superintendent is occupied with unclogging the chute and sorting out the now-comingled waste, he or she is delayed in doing other important jobs throughout the building. When looking at bi- and tri-sorters, it’s also

important to consider safety features such as protection against personal injury and safety interlock door switches. These systems should conform to ANSI, OSHA, UL and CSA safety guidelines and electrical requirements. Is it necessary to purchase new containers to go with this system? Not necessarily, some companies custom design their equipment to work with existing containers. Companies may also replace castors, steel and plastic lids, rusted out bottoms, which can be more costly than purchasing new. Note: It’s important to pressurewash all garbage-related equipment. Bi- and tri-sorters can help condo corporations meet municipal recycling requirements. However, as should now be clear, all sorting systems are not created equal. Ask questions to ensure a corporation is purchasing the best piece of equipment for its building. Going cheap can cost more in the long term, so take the time to learn which critical components will generate the largest return on investment as well as the fewest headaches. Also find a provider who can service the equipment without delay. 1 Michelle E. Greve is a waste management equipment specialist with several years of experience in the industry. She can be reached at 905-302-6562.

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MANAGEMENT

“MY APARTMENT STINKS OF GARLIC AND I HAVEN’T COOKED IN DAYS!”

“WHY CAN I SMELL THE GARBAGE CHUTE IN MY BEDROOM?”

Seven culprits for odour complaints T he compl a i nt s i l lu st r ate d BY DYLAN HABER above are amongst the complaints frequently voiced to building managers who deal with residents plagued by unwanted odours creeping into their units. Along with the benefits of a condominium lifestyle — urban living, fun amenity spaces, a diverse community of neighbours — come the pitfalls of a living space intimately shared with dozens of strangers — loud noises, boisterous kids and pets, or unwanted smells. For many, the odour problem is the most egregious. When foreign, and in some cases offensive, odours waft their way into one’s home, it can feel like a particularly intimate invasion. The negative emotional response can be significant. Odour migration between interior spaces requires an open path of air travel (a door, a duct, a hole in the wall, etc.) and a pressure difference between the two spaces. Although building systems are designed to prevent unwanted air movement, there are often leaky areas that lead to unintended air and odour transfer. Here are seven common causes of unintentional air movement through condo buildings:

32 CONDOBUSINESS | Part of the REMI Network

MANAGEMENT

“IF I HAVE TO SMELL JIMMY’S CIGARETTES ONE MORE TIME…!”

Low pressure corridors In most residential buildings, fresh outside air is supplied to the corridors via a central make-up air unit, pressurizing the corridors. This allows fresh corridor air to flow into suites through gaps around doors and through the doors themselves, when opened. If the make-up air unit is off, malfunctioning, or undersized, the corridors are not sufficiently pressurized. This can unintentionally allow air to move in the opposite direction (suite to corridor) and then find its way into adjacent suites or common areas.

Wind-driven air movement Exterior wind pressures are t ypically higher than those generated by the building mechanical systems. When windows or balcony doors are poorly sealed, or if there is an improper construction in the exterior wall assembly, exterior wind pressures can drive air inwards. The outdoor air may be carrying the smells of the garbage bins, cigarette smoke from the neighbour’s balcony, or kitchen/bathroom/ laundry exhaust from surrounding suites.

Improper or missing smoke seals While fires are difficult to prevent, there are strict construction requirements aimed at limiting the spread of flames and smoke. This applies especially to walls and floors between units. Sealant is required to keep smoke contained. A secondary benefit is that smoke seals also help to contain suite-to-suite odours. Mistakes can and do get made, however, and smoke seals may be missing or incomplete, resulting in odour paths. Ducts and conduits within fire-rated floor and wall assemblies can be especially challenging. Another common odour transfer area due to poor smoke sealing is the often tricky interface at the vertical joint between an interior fire-rated wall and an exterior wall. Concrete walls are relatively simple to seal, but when wall construction consists of steel studs or window walls, it is increasingly difficult to ensure an airtight seal.

Elevator shaft air movement As elevator cars shuttle up and down their concrete shafts, their piston-like action pushes and pulls large volumes of air along with them. This can cause unintended

Unbalanced corridor air supply The fresh air supply from the makeup air unit flows to the corridors in a central duct. Dampers at each branch are adjusted at construction to ensure the correct air volume is delivered to every floor. Over time, the system gets out of balance — dampers can shift; in some cases, residents will manually close the dampers off to stop “the cold air flowing into my suite from this vent.” If a floor’s fresh air flow is diminished due to balancing issues, suite odours may migrate into corridors, then into neighbour’s suites.

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MANAGEMENT floor-to-floor air flows. For example, air from the garbage room may be sucked into a nearby elevator shaft and distributed to other floors. As elevator door seals wear, unintended air leakage will become more pronounced.

Intake and exhaust air short circuiting Part of maintaining good indoor air quality is exhausting noxious air from kitchens, bathrooms and garbage rooms through the walls or roof to the outside. If the building exhaust air outlets are near windows, doors, or the fresh air intakes to make-up air units, there is risk of short circuiting: odour-laden exhausted air is drawn back into the building and re-circulated as fresh air.

Missing backdraft dampers Suite kitchens and bathrooms are typically exhausted by individual exhaust fans that discharge through vents in the exterior walls. Backdraft dampers are installed in the exhaust ductwork to prevent reverse airflow and ensure the air is traveling in a single direction. If the dampers malfunction, exterior air can

be drawn into the building through the Use smoke pencils or theatrical fog to exhaust ducts. illuminate airflow paths. Make selective While there are many possible causes openings in the drywall to check concealed of odour migration, they are all related to smoke seals in vulnerable locations. Do blower unintended air flows. That said, locating the door testing, which involves installing a large errant airflow and correcting odour problems fan on the door of a suite to pressurize or is notoriously difficult to do. Add in the fact that depressurize the space. The goal is to induce they are often transient — “Well, it only happens air to flow across the breach, making it easier to on Wednesdays at 3 a.m.” — and that people identify via smoke pencil. have significantly varying olfactory acuities — With skill, time and maybe some luck, the “Can’t you smell that? It’s awful!” — and the problem should be correctable, or at least problem can get downright immovable. reducible to a tolerable level. Some odour issues Even with a strong understanding of building are either intractable, slight or infrequent, in which systems, solutions are unlikely to be obvious case it may not be worth the effort and cost to and it may take several measures to determine eliminate them completely. Rarely can air-tight the origin of the issue. Here are a few common perfection be guaranteed. Besides, the benefits diagnostic steps: still outweigh the risks in living within shouting, Interview the complainant to put brackets and smelling, distance of one’s neighbours. 1 around the problem. In other words, ask: What is the smell? Where is it strongest? When it Dylan Haber is a project manager in the property occurs, who else notices? How long has it been condition assessments group at WSP Canada a problem? Inc. A mechanical engineer by training, his Review the condition and performance of the experience includes performance audits and mechanical system, paying particular attention to reserve fund studies for condominiums as well C the makeup air unit in the corridor. Measure the as property condition assessments for various M mechanical system airflows both subjectively building types, including residential, industrial, Y and quantitatively. Also review the architectural commercial and retail. He can be reached at BrownBeattie_GTA_March_2017_FINAL.pdf 1 2017-02-01 10:36 AM CM drawings to understand system vulnerabilities. dylan.haber@wspgroup.com. MY

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SECURITY

Audits key to access control as third-party fob duplicates emerge W it h i n t h e c o n d o m i n i u m industr y, there has recent ly been concern about third-pa r t y

BY SCOTT HILL

suppliers that are duplicating fobs for owners. Most worrisome would be the lack of control that the condominium corporation can now exercise over the access within the facility. Condominium corporations use fobs to control entry to their buildings for several reasons. Fobs provide information on who accessed the common element with a date and time stamp, which may be important in the event of a security incident. Fobs can also be deactivated without changing the building systems, whereas if a common key is lost, the board of directors must decide whether it’s necessary to re-key the entire building. And with fob systems, boards of directors can schedule time restrictions on access to certain areas, such as the gym or party room. T h e re a re s eve r a l s te p s t h a t a condominium corporation can take to address security breaches such as third-party fob duplicates and maintain proper access control within its building. The first step would be education and governance. Property managers and boards of directors should communicate to the

tenants and owners (resident and nonresident) that only fobs provided by the condominium corporation are to be used within the facility. If necessary, the board can pass a rule stating as much. The second step would be to implement control procedures to ensure that this policy or rule is followed. When entering a fob into the system, or during an audit, it’s possible to set up an authorization field within the database with an appropriate code. A recognized fob will have the correct information in this field, whereas a fob that is duplicated by a third-party supplier will not. The absence of this authorization code will alert building management that there is an unauthorized fob being used within the building. Once a condominium corporation has policies and control procedures in place, most databases can be used to create custom reports that sort every time a fob

36 CONDOBUSINESS | Part of the REMI Network

was used by authorization code. A preview of this report will allow a property manager to quickly spot any abnormalities within the specified time range. The property manager can identify the unit/person that has an unauthorized control device by combining the date and time of the event with a review of the video surveillance system. It is recommended that proper t y managers run these reports weekly. It is also recommended that fob audits be conducted at least once a year to keep the database current. These audits can be timed to coincide with the annual general meeting (AGM) mail out for convenience. What a fob audit does is ensure that the all the fobs in the database are registered to valid residents and owners within the condominium. These audits often reveal that databases have not been cleaned in years. Sometimes there are past owners

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in the system that moved out of the condominium years prior. In addition to taking up memory in the system, these fobs, and in some cases old remote controls for the parking garage, could pose a security risk if they are found and used years later. When a fob audit takes place, each owner or resident of the condominium corporation must register all the fobs and remote controls that they have in their possession. This includes all control devices that have been provided to family and hired help, such as cleaning personnel or dog-walkers. Once all the a c c e s s c o nt ro l d ev i c e s h ave b e e n registered as current, the database is then purged of all the old, and supposedly lost, access control devices. This way, the condominium manager can rest assured that only authorized residents may access the building.

These audits can be handled internally, but there may be some inherent risk in having inexperienced in-house personnel complete them. Usually the contractor who installed and maintains the directory board has the ability to conduct an audit. If this is the first audit that has been conducted in many years, the board of directors may want to consider bringing in a fresh pair of eyes to do the audit. Whomever conducts the audit may recommend rules and/or procedures to implement based on its findings. For example, there should be a trigger in place that reminds property managers and/or superintendents to update the database any time there is a change of owners or tenants in the condominium corporation. Most condominium corporations require residents to fill out a form to book elevators for moves, so one way to do this would be to dedicate a section of this form to recording incoming and outgoing access control devices.

Putting in place proper policies and procedures for access control systems is one of the most important steps that a condominium corporation can take to protect its facility and those that dwell insid e. In this, c ommunic ation and follow up are key. Residents of the condominium must be informed that these policies are for the safety of all. Residents must also be told that there are proper controls in place to ensure adherence to the rules, including those relating to third-party fob duplication. 1 Scott Hill of 3D Security Services 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. 3D Security Services is an industry leader in physical facility security with a specialization in condominium security.

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March/April 2017

Shared facilities agreements increasingly complex

CHBA pres to talk housing affordability with feds

As developments become increasingly complicated, so do the relationships between condo corporations and other parties bound by co-ownership of building assets such as parking garages, according to presenters of the seminar Shared Facilities Agreements: The Problems & the Solutions at PM Expo last fall.

Bob Finnigan, president of the Canadian Home Builders’ Association, or CHBA, recently headed to Ottawa to talk to the federal finance committee about housing affordability. Of particular concern for the group is one of the latest changes to mortgage rules.

Ruling could help condos fight short-term rentals A recent court ruling has strengthened the position of condominium corporations in Ontario who are struggling to enforce restrictions on short-term rentals. The judge in the case found that offering Airbnb-style accommodations could not be considered a ‘single-family use,’ but rather a commercial use.

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MAINTENANCE

Fan coil contamination of growing concern

Fan coil units (FCUs), which

BY URVASHI YVAS a re w idely i nst a l le d i n Ca nad ia n condom in iu m un its, a re h igh ly susceptible to becoming contaminated with mould and distributing spores in

living areas. Since these individual heating and cooling systems are out of sight, they are often out of mind, a situation that poses potentially serious health and legal risks. Condominium boards have the responsibility to address mould issues within fan coil units and can be held accountable should an occupant file a complaint. Therefore, understanding mould-related issues within fan coil units is crucial for both boards of directors and property managers to be proactive in minimizing associated risks. There is little debate over whether action must be taken to ensure that human health is protected. However, there are inconsistent opinions regarding the best methods of managing mould growth within ventilation systems, making it difficult to determine an appropriate path forward. An invisible problem The impact of mould spores on human health can vary depending on the age and immunity of the person being exposed, as

well as duration and the intensity of exposure to mould within indoor environments. Mould becomes an issue to human health when it starts to rapidly grow under ideal conditions within fan coil units and if inhaled/ingested in sufficient quantities over time. In general, studies have shown that fungal growth can occur at and above 65 per cent relative humidity (RH), including one that was documented in the International Biodeterioration & Biodegradation article “Fungal growth and survival in building materials under fluctuating moisture and temperature conditions.” Therefore, the U.S. Environmental Protection Agency recommends that indoor RH be kept below 60 per cent. Excessive moisture within a dwelling may be caused by a building assembly problem such as leaks or condensation, occupant use/lifestyle, or the

40 CONDOBUSINESS | Part of the REMI Network

lack of maintenance and housekeeping that leads to increased risk of mould growth. The relative humidity levels within an insulated FCU cabinet are between 75 and 97 per cent, allowing mould growth within the damp, fiberglass insulation-lined FCU. Although fiberglass is not a food source for mould species, the paper backings can be, as can some volatile organic compounds in the building air. Once established, mould colonies can reproduce exponentially and spores may be distributed by the fan throughout the indoor living space. Mould remediation experts estimate that tens of thousands of fan coil units have been discovered to be the site of uncontrolled mould growth. A small fraction have been remediated, replaced or otherwise the subject of professional attention. The attempted remedies vary from spraying bleach or organic

MAINTENANCE cleaners, installing ultraviolet light, painting over contamination, right through to the installation of solid insulation instead of fibrous insulation. There is no statute or National Building Code of Canada standard for the replacement or remediation process nor for new units themselves. This leaves managers and occupants to investigate and develop a plan of action from the best available information.

no coverage against damage awards, civil lawsuits or from the costs to defend against lawsuits related to mould. The remediation of mould-contaminated fan coil units is rarely covered by property or liability insurance as it is considered a maintenance or repair item. The coverage restrictions and exclusions for mould would apply in the same fashion if the corporation is named in the action. Whether claims are framed as negligence, nuisance, or breach of contract, the targets for litigation Who is responsible? could include property owners, managers The Condominium Act, Residential Tenancies and directors for providing an allegedly unsafe Act, Human Rights Act and related legislation, environment. along with the Occupational Health and Safety Both areas of risk can be mitigated by Act, impose obligations to maintain property prioritizing the health and safety of the and equipment in a safe condition and protect building occupants and by communicating the occupants and employees from undue any adverse health or financial exposures exposure to mould. in a timely manner. What’s more, mould could expose If the manager fails to disclose or inform condominium corporations and the property of mould conditions that they knew of, or managers to civil liability. They could face ought to have known existed, this may put claims for financial losses suffered as a result the management company outside the of failure to address or disclose fan coil mould indemnity provisions of its management or personal injury claims related to exposure to contract. If fan coil units within a building fan coil mould. have been inspected and there is knowledge Owners, managers and directors are by the board that mould contamination is TorontoDecorating_Condo_November_2016_FINAL.pdf 1 2016-11-10 9:19 AM most often in a position where they have present, regardless of who owns the unit, it

is required by the directors to disclose this information in the status certificate. It’s not enough to say that there were no complaints of fan coil mould. This is especially applicable in buildings where the corporation has maintained the fan coils, as the owners and residents relied on the property manager and the board to ensure the inspections and servicing of the fan coils were conducted appropriately. Fan coil maintenance is generally an owner’s responsibility depending on what is provided for in the building’s declaration. However, some condominiums include maintenance of fan coil units under the operating budget. Areas of concern It is unrealistic to continually reassess the health and financial consequences of mould exposure. A more realistic approach is to manage and maintain the fixed equipment in a mould-free condition to reduce risk to present and future occupants. Even with regular pan and drain line cleaning, minor vacuuming and filter changes, every chilled water FCU is at risk of developing into a serious, hidden mould growth and amplification site.

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MAINTENANCE Various guidelines agree that mould remediation of fan coil units should involve two processes: removing mould contamination and remedying the underlying causes such that mould will not regrow. Areas of concern within fan coil units are outlined below, along with suggested remediation practices to prevent underlying causes of mould growth: 1. Replace mouldy fiberglass insulation The millions of glass fibers in the customary acoustic duct liner insulation make for large surface areas to hold moisture and provide an ideal buffered environment for mould spores to grow and multiply. These fibers cannot be effectively decontaminated, so the porous insulation needs to be replaced with smooth, non-porous material. 2. Assess condensate pan for water pooling, corrosion and contamination Flat condensate pans result in pooled water which allows fungi to grow at the air-water interface. Algae or fungal bloom residue is often mistaken for rust. Old, flat condensate pans should be replaced with a sloped, stainless steel drain pan so there is not water accumulation, especially if there is any leakage. 3. Assess heat exchanger coil condition After many years in service, the heat exchanger coil will often become blocked with normal dust including mould spores that have collected on wet fins of the coil. With regular, non-acid detergent coil washing, this obstruction can be prevented. If

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the buildup is substantial, coil washing is not effective on the thick heat exchanger finned coils typical in chilled water fan coil units. In these cases, it is often more energy efficient to replace the heat exchanger coil. 4. Replace, clean or modify the blower fan and housing unit based on its condition. When dirty or blocked heat exchanger coils are present, the heat exchanger coil drips condensate water onto the blower fan and housing. This can result in water and mould accumulation in the blower housing. Some housings have drainage nipples incorporated which allows water from the blower fan to drain away. In these cases, residents also seem to use aluminum turkey roasting pans to catch the water dripping from the coil or fan housing. The remediation process In the context of mould, remediation means to reduce or minimize contamination of the surrounding area and harm to persons occupying that space. Personal protection and property protection are key. Mould and fiberglass dust are considered workplace hazards and exposure of workers requires the use of personal protection devices. Employees may also be at risk if they make adjustments to the units. Controlling dispersion of mould from the work area and protecting workers from exposure to mould can be done through appropriate worker training identifying health hazards and correct procedures. The process of removing mould and fiberglass insulation will disturb, liberate and distribute a great deal of particulate matter if not properly contained. The work area is typically isolated by plastic sheeting, creating a temporary, sealed, tent-like enclosure. Care must be taken when personnel exit the enclosure and remove their protective clothing so as to not contaminate the area in which they are changing. Similarly, care must be taken to ensure the contaminated materials and enclosures are handled such that their movement throughout the corridors does not contaminate the common areas. Note: Follow-up maintenance should be continued after full remediation. The most prudent course of action when it comes to mould growth in fan coil units is to be proactive —i.e. to investigate for fan coil mould growth when complaints are received, communicate any adverse findings in a timely manner to all stakeholders, and remediate mould growth as soon as possible. Experts agree that ignoring the problem or deferring a solution due to the perceived complexity and cost will only serve to increase risk, liability and ultimate cost. Property managers and boards of directors should responsibly work with occupants and unit owners to remediate or replace fan coil units with the ultimate goal of protecting human health. 1 The preceding article is excerpted with permission from the white paper Fan Coil Contamination of Growing Concern: The effects of mould growth within fan coil units in Canadian high-rise buildings. The white paper can be accessed in full at: www.certifiedwhitepaper.ca Urvashi Vyas, B.Sc., M.Env.Sc, is an indoor air environmental specialist in the Department of Physical and Environmental Sciences at the University of Toronto. The white paper was created in collaboration with several industry leaders such as the University of Toronto, CMHC, The Asthma Society of Canada, Atrens-Counsel and Certified Clean Air Services.

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A recent refurbishment at Symphony Place balanced investing in high-impact design elements and saving money by incorporating original building components.

A renovation that sings Pass by 71 Simcoe St. and it’s hard not to stop and notice the boutique

BY ANITA WIKLÉM

87-unit condominium —but it wasn’t always like that.

Symphony Place’s board of directors recently decided it was time for a refurbishment. With neighbours like Roy Thompson Hall and the Romanesque-styled St. Andrew’s Church, the location was ideal, but the building was a diamond in the rough. Focus areas for the project included the treatment of the building exterior, the lobby, corridors and elevator areas, followed by the suite corridors. The design team set out to come up with a cost-effective design solution. Working closely with the board of directors, the team’s strategy was to save money by incorporating original building components such as the wood wainscoting, crown molding, marble floors and structure and

investing in high-impact design elements that would leave a lasting impression. The front exterior of the building was updated with full glazing that opened up the concierge area and let in natural light. The signature lattice design from the Roy Thompson Hall reflected beautifully off the glass. Durable and contemporary stainless steel columns now frame the entrance, giving it an urban vibe. The board went the extra mile on the hefty door handles, hinges and hardware used in the lobby — the doors everyone is going to pass through several times a day. The finishing touch was elegant address signage in cursive over the entrance.

44 CONDOBUSINESS | Part of the REMI Network

Inside, the team saved money in a number of areas. For example, the existing marble floors were repaired and polished to their original luster. The existing wood concierge desk and millwork, which were expensive when they were installed, were in also good condition. The team realized that they were treasures, but their colour was dated. Stripping the wood down would have been a costly, timeconsuming endeavor. The solution was to opt for a solid charcoal grey stain to cover the beige shade but still reveal the high quality of the wood grain texture. An extended stone-top counter installed in the concierge area freed up space and served to anchor the area. Holes drilled in the desk hid the

DESIGN

Before

After

Top photo with inset: The front exterior of the building was updated with full glazing that opened up the concierge area and let in natural light. Bottom left photos: A beautiful lobby ceiling dome that was already in place was painted with exaggerated brush strokes to look like an elegant silver leaf applique. Bottom right photos: Cream wallpaper was paired with the high-gloss grey accent paint on the millwork.

Before

cords of newly installed polished chrome lamps. It was a small, inexpensive solution that removes visual clutter and looks clean. To lend more of a contemporary feel, the design team paired a good quality vinyl wallcovering with mirrors and used it in small portions to save money. The light iridescent grey palette was an elegant contrast to the charcoal millwork throughout the building. Many design components were upgraded with finishings that made them appear more expensive than they really were. A beautiful lobby ceiling dome that was already in place was painted with exaggerated brush strokes to look like an elegant silver leaf applique. This treatment was set off by the glow of an

enormous crystal chandelier suspended over the seating area. The chandelier was an investment, but it will last through future renovations in decades to come. Another investment was the hand-knotted, silk/ wool area rug placed inside the diamond floor accents to make it appear nested in the seating area — like it had always been there. Other outlays went toward custom, commercial-grade furniture that is comfortable, glamourous and durable as well as three new works of art. The design team worked with an artist selected by the board on sizing, proportion and scale. The hand-painted pieces offered a fresh pop of colour, modernity and an element of surprise to the lobby area.

This design project was an exercise in how to balance saving and investing while making the renovation sing. In working with the board, the design team recognized that the bones of the building were solid and leveraged that as a money-saving asset for the corporation. When it came to the sensory design components — things people touch, feel or see — it was the highquality extras that added panache. 1 Anita Wiklém is the creative director and founding partner at Wiklém Design Inc. She has extensive experience and expertise in condominium refurbishment design.

www.REMInetwork.com | March/April 2017 45

NEW AND NOTABLE

There’s a new condo group on the block U.S.-based Community Associations Institute launches Toronto-based Canadian chapter There’s a new condo group on the block called the Community Association Institute (CAI). The U.S.-based non-profit organization, which supports the professionals and volunteers that run condo corporations through research, education and training, recently launched a Toronto-based Canadian chapter. The move comes as Canadians are increasingly living in condos and as the Ontario government prepares to roll out reforms to the province’s condo laws. With its arrival, CAI is importing its credentialing programs into Canada and the local chapter will also be hosting networking and social events for members. “CAI Canada will work to promote industry best practices as well as foster collaboration among local professionals and with other CAI chapters,” said condo lawyer Denise Lash, CAI committee member. CAI Canada’s next webinar, Sexual Diversity in Condominium Communities — Closing the Gender-ation Gap, is scheduled to take place on April 27. Also on CAI Canada’s inaugural committee are Shawn Pulver, a litigation partner at Macdonald Sager Manis LLP; Yasmeen Nurmohamed, president of Royale Grande Property Management Ltd.; Vanessa Van Dette, vice president of operations at Larlyn Property Management Ltd.; Roger Thompson, vice president of strategy and sustainability at FirstService Residential; Michael LePage, president of Maple Ridge Community Management Ltd.; and Michael Kalisperis, owner of Royale Grande Property Management Ltd. Including its new Canadian outpost, the 40-year-old organization now has 61 chapters and 34,000 members worldwide. “This is one more step in establishing CAI as an international network of professional managers and community leaders,” said Thomas M. Skiba, CEO of CAI. “And in establishing this new chapter, CAI can provide community managers in Canada with access to industry credentials and professional designations that are recognized around the world.” CAI administers a Certified Manager of Community Associations (CMCA) exam and offers advanced accreditations including Association Management Specialist (AMS) and Professional Community Association Manager (PCAM). CAI Canada is recommending that the Ontario government recognize these credentials in proposed requirements for the licensing of condo managers. For more information, visit www.caicanada.com.

46 CONDOBUSINESS | Part of the REMI Network

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