CondoBusiness November 2018

Canada’s Most Widely Read Condominium Magazine

November 2018 • Vol. 33 #6

SELF-CARE Is enough being done to support managers in the face of on-the-job stressors?

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PA R T O F T H E

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Contents FOCUS ON: HR/MANAGEMENT

DEPARTMENTS

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Flood recovery in four steps

By Margo Malowney

12

Maintenance Higher winter maintenance costs anticipated

22

Elevator ups and downs

By Courtney Cartmill

36

26

Ending the cycle

By Michelle Ervin

Governance What’s wrong with this picture?

By Sue Langlois

38

How to get gym facilities into shape

By Steven Christodoulou

44

Legal Early termination clauses open to possible abuse

By Patrick Greco

47

Technology New solutions put more eyes and ears on the ground

By Keith D’Sa

48

Security Site security comes under renewed scrutiny

30

Analysis: What about protections for directors and managers?

By James Davidson and Cheryll Wood

34

How to handle the holiday influx of packages

By Brian Bosscher

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Don’t let cannabis laws leave your organization dazed and confused

By Doug MacLeod

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EDITOR'S LETTER

Self-care It’s certainly not

Publisher Maya Merchant

written into the job

description, but I’m told it’s pretty much inevitable that condo

managers will face abusive behaviour out in the field. And I believe it. I imagine some of the scenarios that managers face in condo communities have parallels to those I recall from past jobs in foodservice and retail.

When I was a teen and working as a waitress in a high-end retirement home, one of the residents berated me in front of a dining room full of people and reduced me to tears. (I had brought her the wrong type of yogurt to take back up to her room — never mind that I was bending the rules to do so). She was made to apologize to me by my employer. And in retrospect, I suspect dementia may have been a factor in the episode.

A few years later, while working at a big-box book store, I picked up a phone call from a customer looking for a highly specialized text. I searched our database and turned up nothing. Trying to be helpful, I suggested she check a college or university bookstore. To which she replied, “DO YOU MEAN TO TELL ME YOU DON’T HAVE ONE [EXPLETIVE] BOOK ON THE FUNDAMENTALS OF PERIODONTICS FOR THE DENTAL HYGENIEST?” “Yes, I’m sorry,” I said, slightly amused. (I will never forget that mouthful of a book title.) But even in the moment, I felt for her. I could hear a screaming baby in the background.

The book store scenario was easy to brush off, since I was unlikely to interact with that customer again. The retirement home scenario less so. The anticipation of having to serve that resident again caused me a good deal of anxiety.

Condo managers assigned to particular properties face the same prospect of having to continue to interact with people who have mistreated them, as condo lawyer Patrick Greco observed in a seminar on workplace harassment at the 2017 Condo Conference. The seminar, which CondoBusiness reported on earlier in the year, covered the legal obligations of condo corporations and condo management companies to their employees.

But what about resources and support for condo managers who are subjected to harassment in their workplace? This question was recently posed to me on social media by the folks at Malvern Condominium Property Management. And it’s one I investigated for this month’s cover story, which also looks at the associated costs of turnover and impacts on mental health. Plus, in a companion piece, condo lawyers James Davidson and Cheryll Wood analyze what more could be done to protect both managers and directors from a legal perspective.

Hopefully, this month’s cover story will give condo boards and management companies pause to consider whether they’re doing all they can to support their managers and give managers pause to consider whether they’re doing all they can to stand up for themselves and support each other.

Michelle Ervin Editor, CondoBusiness JTB_Condo_March_2017_FINAL.pdf michellee@mediaedge.ca

Editor Michelle Ervin Advertising Sales Liam Kearney Kelly Nicholls Melissa Valentini Senior Designer Annette Carlucci Production Manager Rachel Selbie Contributing Writers Brian Bosscher, Courtney Cartmill, Steven Christodoulou, James Davidson, Keith D’Sa, Patrick Greco, Sue Langlois, Marko Lindhe, Doug MacLeod, Margo Malowney, Cheryll Wood 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 Anthony Campbell circulation@mediaedge.ca (416) 512-8186 ext. 234 CONDOBUSINESS is published six times a year by

President Kevin Brown Director & Group Publisher Sean Foley 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.

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What’s on the agenda?

Having a clear roadmap to guide discussions is critical to productive board meetings. Marko Lindhe, VP of sales and marketing at Minutes Solutions, answers: How can condo corporations craft a good agenda?

Ever been in a meeting that was called about a certain topic, only to find that some completely irrelevant tangent ends up dominating the discussion?

A critical tool for keeping a meeting productive and on track is the often-underestimated agenda. Preparation is key to crafting a clear, defined roadmap that sets the framework for an efficient and functional meeting, even if the dynamic isn’t particularly harmonious.

If a board doesn’t use an agenda for its meeting, or relies on one that isn’t well thought out, it can end up having a wideranging, aimless discussion that achieves nothing.

The following steps show how to craft a good agenda that will mitigate redundant conversations and poor time management in meetings and ensure the group gets to the point quickly and stays focused.

1. Define the goal Before putting down the first agenda item, answer this question: “What do we want to accomplish at this meeting?”

The person drafting the agenda should understand the priority of each topic to be discussed and develop a hierarchy of points that need

8 CONDOBUSINESS | Part of the REMI Network

to be covered to build a strong skeleton for the meeting. Reviewing the previous minutes in advance is a good practice as there may be subjects that are carried over from one meeting to the next. This gives the agenda a clear direction.

2. Everything has its time In an ideal world, every topic can be discussed effectively during a meeting. The reality is: the longer the meeting, the greater the chance of attendees losing focus. Pick subjects for the agenda that require planning or action soon, not far down the road. For example, a discussion about snow removal next winter might not get on the agenda for a May meeting, whereas cleaning a parking garage or outdoor pool maintenance should make it on if decisions are required more imminently.

Suggesting a time limit beside each topic reminds participants they must keep their comments concise and relevant in order for the meeting to adjourn on time.

3. Drafting the agenda When actually writing the agenda, topics should be outlined clearly and succinctly and can be listed in order of priority. Much like a concise

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resume, an agenda should be no more than one page. This sets the tone for the meeting — too many topics from the get-go can seem overwhelming.

Of course, there are standard items that should be on every agenda, such as: • Who the meeting is for (organization name) • Date/time/location • Call to order • Approval of agenda • Date/time of next meeting • Termination The content between these headings is what is most important in creating an agenda that will deliver the desired outcome of a board meeting. For example, if one objective is to review the manager’s report, then “Management Report Review” should be one of the headings, with subtopics below.

Subtopics act as an agenda within an agenda and add clarity and direction.

A good agenda is futile if nobody enforces it. The meeting chair should use the agenda as a roadmap and, if conversations stray off-topic, it is the chair’s duty to get everyone back on track. Long meetings can be costly and ineffective, and an agenda can act as the first checkpoint to ensure meetings stay on course.

The goal of a meeting is to reach outcomes and decide tasks or next steps. With a good agenda and someone to enforce it, the meeting has a much better chance of being efficient and successful. 1 Marko Lindhe is VP of sales and marketing at Minutes Solutions. Minutes Solutions Inc. is a professional third-party minute taking company that provides in-person, and virtual minute taking solutions. He can be reached at 888.570.1149 x 2 or marko@ minutessolutions.com.

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MANAGEMENT MAINTENANCE

Higher winter maintenance costs anticipated Pr ivate proper t y ow ners in Ontario, including condo corporations,

BY MICHELLE ERVIN

could find themselves paying a premium to keep their walkways safe this winter.

Rock salt is expected to be less available locally and cost more to source after flooding and a strike hampered output at two out of three major mines, according to Landscape Ontario, a trades association whose members include snow contractors. Tony DiGiovanni, executive director of Landscape Ontario, said that municipalities are at the front of the line to get the allocations they need for road-clearing operations from the mines. And, with only so much salt to go around, he said the snow contractors that service private properties, and their suppliers, have been informed they will need to make alternative arrangements.

DiGiovanni said one option has been to establish new relationships overseas and pay higher prices upfront to have salt shipped in from Chile, Egypt and M o ro c c o b efo re t h e St . L aw re n c e River freezes. But he added that some contractors may need help from their clients to come up with the financial resources and storage space to pursue this route, and those who do may still find themselves coming up short. “ T h e r e a r e t w o i s s u e s ,” s a i d DiGiovanni. “One is the extra cost. Two is even with the barges coming in, there is not going to enough supply, depending on the weather, because the inventory that was in place was knocked out with the late winter storm we had this year.”

Anticipating surcharges, stretching supplies Landscape Ontario has been trying to get the word out about the shortage in salt inventory so snow contractors and their clients can plan accordingly.

One condo management company has responded by encouraging condo corporations to consider buying enough bagged salt and other de-icers to fill as much as an extra skid each. That way, staff can take steps to prevent slips and falls while waiting for snow contractors to service their properties following precipitation.

“Depending on the terms of [their] landscaping contract, corporations should also be prepared for the budget impact,” Crossbridge Condominium Ser vices advised recently. “Surcharges of $30/ton are anticipated from landscapers. As sites can use as much as 10 tons a month, the incremental costs could mount.”

These figures suggest condo corporations may face a monthly premium of up to a few thousand dollars, assuming their snow contractors are able to satisfy that level of demand for salt on their site. But the question of cost will become academic if supplies run out before the end of the season.

Landscape Ontario has also outlined a number of strategies for stretching limited supplies. They include calibrating equipment, mixing salt and sand, reviewing which parts of properties require salt coverage, and using

12 CONDOBUSINESS | Part of the REMI Network

other de-icing alternatives, such as beet juice or treated salt.

Courts look for preventative action P roper t y o w n e r s a n d t h e i r s n o w contractors have a compelling reason to salt generously: to avoid being accused of negligence and getting sued for damages by people injured in slip-and-fall accidents.

The de-icing product is generally seen as the best way to melt and prevent the slippery patches that can form on pavement in the winter and pose a hazard.

The Occupiers’ Liability Act imposes a legal duty on property owners to take reasonable steps keep people safe on their premises. During the winter months, plowing and putting down salt and sand after it snows are certainly among the steps that people expect property owners to take, but they alone may not be enough, said personal injury lawyer Matthew Reid.

“The courts have also been looking more and more at whether or not you took any preventative action,” he said.

Reid, an associate at Cohen Highley, c i te d m o n i to r i n g t h e w e a t h e r a n d salting before freeze -thaw cycles as examples of preventative action. He added that other prec autions could include blocking off and posting signage alerting people to unmaintained areas of the proper t y, and sur veying properties ahead of the winter season

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MAINTENANCE

and fixing gaps in pavement where water could pool and freeze.

Condo corporations generally offload their liability for seasonal slips and falls onto their snow contractors, which Reid characterized as a best practice. But having this type of agreement in place doesn’t absolve property owners and managers of all responsibility.

Snow contractors can’t address conditions they’re not aware of, and he noted that Lionheart_Condo_March_2017_FINAL.pdf condo corporations have to exercise caution

in implementing additional measures to mitigate slip-and-fall risks.

“If a condo corporation farms out everything to a contractor, any other action that they take can be seen as basically taking over liability from them,” Reid explained, “so it’s really important, if there are problems, to connect with the maintenance company and let them know: I’ve put down some salt because there’s a bunch of ice, but can you 1 2017-02-16 come out and take10:40 a lookAMat everything?”

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Current model may be unsustainable The shortag e in s al t inve nto r y this winter may be a short-term crisis, but one snow contractor suggested that extenuating factors have simply caused a spike in a longer term trend. David Lammers, president of Garden Grove L andscaping, said snow contractors who buy directly from the local major m i n e s h a v e n o t b e e n a b l e to g e t enough of the de-icing product to make it through the season without tapping into other sources for the last seven winters.

Lammers said that demand for salt has outpaced supply in recent years, snowballing due to client expectations, frivolous lawsuits and weather patterns.

He obser ved that the current terms of the relationship between property owners and snow contractors, in which contractors bear the full brunt of exposure to slips and falls, is becoming increasingly untenable. “ I t ’s g o i n g t o c o m e t o a h e a d because guys can still get insurance, but it’s getting harder and harder, and the rates are going up and up, and it’s all because of liability,” Lammers asser ted. “Gu ys have been put ting down more and more salt, but that’s consuming too much product.”

In the U.S ., the Accredited Snow C o n t r a c to r s A s s o c i a t i o n h a s b e e n advocating for legislation that would end the practice of proper t y owners asking their snow contractors to hold t h e m h a r m l e s s in c o nn e c t i o n w i t h seasonal slips and falls, with success in states including Colorado.

“We’ve got to get to a place whether the property owner’s taking responsibility for the property and the contractor’s taking responsibility for the work they’re doing,” said Lammers.

A catalyst to recalibrate relationship?

T he shor tage in s alt inventor y this winter could ser ve as a catalyst for snow contractors and property owners to recalibrate their relationship.

“Ultimately, it’s the owner and the property managers that are responsible for their properties,” said DiGiovanni.

“They transfer that responsibilit y to their contractor, but if the contractor’s in trouble, everybody’s in trouble.” 1

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Flood recovery in four steps Immense f looding occurred a c ro s s Canada this summer. The

BY MARGO MALOWNEY

Greater Toronto Area experienced heavy downpours, while cities in central and northern Alberta were evacuated due to flooding. These are just a few examples of the increasing severity of natural disasters.

16 CONDOBUSINESS | Part of the REMI Network

MANAGEMENT

Whether a result of global warming, urban expansion or inadequate city planning, one thing is clear: the potential for waterrelated disasters is real.

But it doesn’t take big storms to cause major problems for a residential condo tower. In fact, smaller scale events such as fires, burst pipes, or power outages can be extremely challenging for a number of reasons.

Perhaps most impor tant is the leadership structure in residential towers.

Condos typically don’t have the same type of central management as office buildings, nor are they guided by the same regulations. This can create a great deal of confusion when it comes to developing and maintaining emergency response processes.

So, how c an these situations be handled in condo buildings? There are four basic steps that those responsible for a property need to take to help manage disasters effectively to get residents back into their units as soon as possible.

1. Establish leadership Every good military and police operation has a strong central command, because it helps control the flow of information and the allocation of resources. Good disaster response is no different.

Defining jurisdiction will help prevent paralysis following a flood and improve the chances of effective management of the recovery process. When a condo building’s parking garage is flooded, who manages the disaster? Is it a property manager? The condo board? Or is there a separate committee that deals with these situations?

Before a condo is hit with an unexpected event, establish who is responsible for managing what. Then clearly communicate this to residents to streamline the response process. Also, make residents aware of where the building’s responsibility ends, and the unit owner’s responsibility begins.

2. Develop and test plans Office buildings are mandated to develop emergency preparedness plans and conduct evacuation drills. But that’s not always the case for condo buildings.

Condo buildings are required to test and maintain a working emergency alarm — nothing more.

A working bell is inadequate preparation in the event of a flood.

Often, the elevators will be shut down, and residents — confused and panicked — will stampede down the stairwells.

This is an extremely dangerous situation, especially if elderly or residents with accessibility needs are unable to make it down the stairwells unassisted. Keep an up-to-date list of residents detailing their requirements in the event of an evacuation.

Developing and testing an emergency preparedness plan is undoubtedly in the best interest of both the property manager and residents. With this prepared and tested, when a disaster hits, condo buildings should immediately put that plan into action. This includes issuing clear evacuation orders to residents and enabling the flow of people out of the building in a safe, controlled manner.

3. Communicate next steps The first thing to break down during an emergency is communication. Having clear and strong leadership helps, but much more can still be done.

Residents should know what will happen after an evacuation order is issued and who to contact about next steps. The condo board, the property manager, or whoever is in charge, needs to distribute news via their website, newsletters, social media, or some other agreed upon vehicle so that residents are aware of the situation in their building. Also, predetermine alternate meeting places so residents know where to get in contact with management.

4. Mobilize resources After a disaster hits a condo building, specialized resources should be quickly mobilized to properly mitigate water damage such as mould and star t a safe and healthy path to recover y.

Depending on the size of flood, these resources could include professional technicians with water pumps, power generators, and dehumidifiers.

Management should have a professional restoration provider on speed dial who will arrive immediately, assess the situation and enact an emergency mitigation plan.

The sooner this process begins, the sooner residents can begin returning home. The best scenario is having a partnership with a disaster restoration company already in place.

Failure to bring in specialists could result in individuals taking incorrect actions such as using electricity in a fl o o d e d unit , p os si b l y en d an g er in g residents as well as lengthening the recover y timeline. Often, these professional service providers will be able to map out and track the progress of the damage, therefore speeding up the insurance claim process.

When it comes to disaster management in condo buildings, the mand ated minimum is far from good enough. By establishing l e a d e r shi p, d eve l o p in g a n d te s t in g plans, communicating next steps and mobilizing resources, condos will be far better equipped to respond to disaster and restore their properties.

Also: Share flood preparation tips with residents A lthough flooding usually occurs in basements, it can also affect the individual units of a condo. Share these tips with residents to help mitigate flood damage in their unit: 1. Raise large appliances onto wood or cement blocks. If possible, raise

www.REMInetwork.com | November 2018 17

MANAGEMENT

Often, the elevators will be shut down, and residents - confused and panicked - will stampede down the stairwells.

electrical panels, switches, sockets, wiring and heating systems — or otherwise protect them with a floodwall or shield.

2. For extra precaution, install a water alarm for early warnings about the accumulation of water.

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3. Turn off the electricity in flood-prone areas of the unit if a flood is expected in the area.

4. Create a bug- out bag. A change of clothes, bottled water, non-perishable food, first aid kit, and cash are a few things that residents should pack in case of an evacuation.

5. Talk to condo owners about flood insurance to ensure they have adequate coverage. Standard insurance may or may not cover floods caused by water overflowing from lakes, rivers and other bodies of water (called overland flooding) but could be available separately.

6. Stay informed. Follow the latest public weather alerts for the area at https:// weather.gc.ca/warnings/index_e.html.

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As with any disaster, preparation is key. 1 Margo Malowney is vice president of marketing and communications at FirstOnSite Restoration, a leading Canadian disaster restoration services provider, providing remediation, restoration and reconstruction services nationwide, and for the U.S. large loss and commercial market. With over 1,100 employees, 37+ locations and 20 affiliate partners, FirstOnSite serves the residential, commercial and industrial sectors.

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BALANCING CONDO COMMUNITY AND AUTONOMY

How suite metering and other technologies can elevate the resident experience.

Within every condo is a community that thrives on sharing and collaboration.

There are also individuals who ensure residents’ concerns and the daily affairs of the building are dealt with in a timely and satisfactory manner. For this reason, each condominium community elects a board of directors to enact and enforce rules and regulations (bylaws) and oversee the organization’s finances, including how much each owner must pay in maintenance fees.

In collaboration with condo managers and the corporation itself, these individuals have laws to follow and enforce; employees and contractors

20 CONDOBUSINESS | Part of the REMI Network

to manage; public property to maintain; and the health and safety of the population to protect – not to mention budgets, schedules, and service partners, to oversee.

They seek stability, peace, and order for the collective group, and yet their needs can sometimes conflict with residents’ desires for autonomy, choice, and respect.

So how does one find a balance? By implementing efficient practices and programs that will make life easier for the property management team, the condo board, and especially the residents.

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Here are some examples: • On-demand service.

Implementing an online condo page or public website can make communication between you and your residents easy and accessible. It can also provide a forum through which individual concerns can be logged, monitored, and addressed in a convenient and efficient way.

• Access for all. Accessibility is one of the core components of property management in 2018. It’s about making information easier for you and your residents to share while also upholding their need for autonomy. One example is installing digital screens in the elevators and common areas to ensure all residents are reading important announcements. Another is adding keyless doors with biometric fingerprint technology for both added convenience and added security. This negates the need to hand out copied keys to workers, visitors, family, or friends, as keyless locks let residents add and delete users themselves. Property managers are also saved the

hassle of being called at late hours to let individuals into their condo’s who have lost their keys.

• Eye see you. Some condominiums are opting for the digital kind of security; that is, cameras that monitor who comes through the door and allow residents to react in real-time by viewing their guests before they let them in.

• Bright(er) ideas. Consider installing motion sensor LED domes in the parking garage and hallways. New retrofit lighting systems reduce your carbon footprint, increase security and save money on the electricity bill.

• Suite metering. With a suite metering program in place, property management no longer has to spend hours of time and energy on utility billing, and usage calculations.

A monthly snapshot of common area electricity usage is provided. Furthermore, with an in-house customer service team, managers, and condo boards can be satisfied knowing that all residents are receiving first class treatment.

This practice puts positive

responsibility and decision making in the hands of the resident. It also appeals to the eco-friendly community living environment that more residents are expecting.

Combining the technology above with a suite metering program into your

condominium will ensure you have accurate measurements of how much money and energy you are saving. This, in turn, can provide the level of ownership, fairness, and autonomy residents require while protecting the health of everyone’s investment.

Hannah Tough is the Marketing Coordinator at Priority Submetering Solutions, a licensed, full-service utility Suite Metering and billing company serving multi-unit buildings across North America. For more information please visit www.prioritymeter.com.

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www.REMInetwork.com | November 2018 21

Elevator ups and downs Users of the approximately 19,900 residential and institutional elevators in

BY COURTNEY CARTMILL

Ontario take approximately 655,000 elevator trips in a single day, according to Delta Elevator. And elevators are essential to the mobility of many of these users, who include residents and guests of condominium corporations.

22 CONDOBUSINESS | Part of the REMI Network

MANAGEMENT

As such, it’s important to ensure users who rely on elevators to get around have access to this vertical transportation when needed. Part of that is maintaining and repairing elevators, as well as replacing them altogether when the time comes, to avoid un-planned down-time.

However, these activities may also require planned elevator down-time. There are certain factors that should be considered when preparing for both planned and un-planned elevator down-time.

Maintaining and repairing elevators Preventative maintenance helps keep e l e v a to r s u p a n d r u n n i n g i n g o o d working order. And it’s not just about ensuring that they undergo regularly scheduled inspections.

Preventative maintenance includes receiving feedback from the elevator mechanic on potential repairs. Quotes should be included with the reports when suggested or mandatory repairs are found.

Managers may then take measures to get these repairs completed. When planning for elevator down-time, managers should consider all other possible changes that may be needed, including ensuring the elevator is up to current code requirements. Having all repairs scheduled at one time is the best way to utilize an elevator mechanic’s time.

Ensuring that the preventative maintenance is effective is also crucial.

Having a third-party consultant perform a maintenance evaluation will ensure that all areas of a building’s elevator needs are being addressed. Elevator mechanics have several units on their routes, which can cause items to be missed. It is important to get a second opinion when there are concerns about a particular elevator.

Sometimes a second set of eyes can simply see something the first set did not.

A maintenance evaluation is different from a safety inspection. This does not mean that a safety inspector does not look at maintenance. However, while they may write up a dirty pit, they lack extensive maintenance and mechanical knowledge.

A maintenance evaluation will make sure elevators are being properly serviced.

Maintenance logs should also be reviewed regularly. Don’t be afraid to ask questions or meet with the mechanic on site to get a better understanding of the building’s elevators and their condition.

Replacing and updating elevators At a certain point in the life cycle of an elevator, it will come time to consider full replacement in order to continue providing reliable elevator service in a building. A full elevator replacement may seem difficult to justify, but due to new code requirements and parts of older model elevators becoming obsolete, it may be something to consider sooner rather than later.

A replacement project takes extensive planning. Seeking feedback from the consultant’s previous clients may assist

managers in covering areas they may not have considered. Consulting with the condo corporation’s fire protection company on this type of project is also important to ensure that the fire panel is compatible with the update. Many elevator modernizations end up requiring a new fire panel that can pinpoint exact locations of trouble signals, whether it’s the elevator room or a smoke alarm. Having this information as a part of the bid process will save headaches when attempting to finish the project.

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MANAGEMENT If there is a generator that allows an elevator to continue to operate during a power outage, including the generator company on this project will ensure that the generator is compatible to offer this service during a power outage.

Lastly, don’t forget keep the budget and financial adviser up to date on the project, including about additional items such as the fire panel and generator that may require changes.

It is important to have all parties involved with the project attend a “pre-construction” meeting to put all inquiries on the table and make sure everyone is on the same page.

Having surprises during the middle of a lengthy project just adds stress to the project managers, clients and residents.

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Planning for elevator down-time On-site time for elevator installation crews ranges from about two weeks for an accessibility lift, to four weeks for a hydraulic elevator, to six weeks for a traction elevator.

Reviewing the accessibility concerns of occupants in the building prior to starting a project of this size is crucial — especially if there is only one elevator.

Users may also be seniors with mobility issues, and it is important that their needs are considered if an elevator is out of service. Installing a stair lift for the duration of a project would be beneficial if many of the users are seniors.

Also consider scheduling projects for when a building is least active. If many residents of a building go away in the winter, this may be the best time to make the changes.

Alert all residents or commercial clients to elevator down-time with notices, which should also be posted on every level the elevator services prior to the date of work and for the duration of down-time. The notices should also advise occupants of alternate options for users with mobility issues or who require assistance transporting large items.

Update notices weekly to keep residents and commercial clients aware of the progress of the project. And consider including a penalty for every day that the contractor is behind schedule, but also offer a bonus if the contractor comes out ahead of schedule.

Supporting the users who rely on elevators comes down to being proactive with maintenance and repairs, planning carefully when full replacements are required and providing a flow of communication before and during scheduled down-time. 1 Courtney Cartmill is a property manager at Wilson Blanchard Management Inc.

24 CONDOBUSINESS | Part of the REMI Network

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COVER STORY

ENDING TH Condo managers have the ability

BY MICHELLE ERVIN to switch jobs rather than endure toxic environments while waiting for workplace harassment policies and procedures to unfold. But what about the next manager, and the turnover costs, and the mental health toll?

26 CONDOBUSINESS | Part of the REMI Network

COVER STORY

THE CYCLE www.REMInetwork.com | November 2018 27

COVER STORY

At least one industry executive thinks more needs to be done to address the harassment he says condo managers commonly confront while working in condo communities.

There may be legislative provisions to protect employees from abusive behaviour in the workplace, but condo managers in a toxic environment are unlikely to stick around at a site waiting for policies and procedures to unfold, said Bill Thompson, president of Malvern Condominium Property Management.

“There are so many jobs available that they don’t have to put up with it personally,” said Thompson. “Instead of addressing the situation, they walk away from it, and that’s why the situation keeps getting worse.”

By leaving the abusive behaviour unaddressed, that manager leaves to door open for the same thing to happen to their successor, he explained.

All parties in condo communities have a stake in stamping out harassment in the workplace. Compassionate reasons and legal obligations aside (Editor's note: See the next article, Analysis: What about protections for managers and directors? for more on this), condo corporations and condo management companies pay a price when there is a revolving door of condo managers. And prolonged exposure to on-the-job stressors can take a toll on the mental health of property managers, which can have ripple effects in their personal lives.

Life under mandatory licensing Thompson’s comments come as the condo management industry is adjusting to life under mandatory licensing and regulation of the profession. He observed that there has been some attrition of industry veterans as some opt to retire rather than satisfy new standards. At the same time, minimum qualifications and requirements for experience and education have also made it harder for would-be recruits to enter the profession and replenish the talent pool.

“You have a limited pool of managers and lots of business, so all of a sudden, the quality of management goes down, and all those people who don’t know how to hold their tongue have no patience, and they just come out,” said Thompson. “The harassment just comes out.”

He said he believes that condo managers are subjected to some form of abusive behaviour daily, although he allows that the most extreme cases are rarer. (There’s a difference between a person having a bad day and taking it out on a manager and harassment, which is defined as repeated unwelcome behaviour.)

Of course, condo managers have always faced the possibility of experiencing harassment in the workplace. Take, for example, a scenario in which a condo board director threatens the continued employment of a condo manager who refuses to do their bidding, said Thompson.

He said the protocol for addressing harassing behaviour can be complicated by the involvement of a condo director if the rest

of the board is reluctant to hold him or her accountable. Thompson cited a case in which his condo management company saw its contract terminated after raising just such an issue with a board after it had cycled through several of its condo managers.

The costs of turnover There may be financial costs that come with workplace harassment if it leads to turnover.

Burnout and churn of condo managers can affect the bottom lines of both condo corporations and condo management companies, observed Mazen Fegali, a manager within Hays Canada’s property and architecture division.

“First, there are resources involved in searching for a new manager and getting them up to speed. That can be tens of thousands of dollars in time,” said Fegali.

“Then, there’s the matter of contracts. If a property management firm was to lose a contract due to a poor-performing manager as a result of burnout or a state of constant churn, the cost could be immense.”

High turnover is the norm in the condo management industry. Fegali said it’s unusual to see tenures of longer than five years with any one company listed on a condo manager’s resume.

Sometimes condo managers leave companies because they’re looking for growth but their employer is reluctant to move them because the client condo corporation likes them so much, he said.

Other times, condo managers leave a company because their employer acquires

“Managers need to really understand that they are worth it, that they don’t have to put up with it.”

28 CONDOBUSINESS | Part of the REMI Network

> SOCIAL MEDIA COLUMN Sponsored by MediaEdge

new clients and reassigns managers to sites outside of their preferred geographic areas.

If condo management companies want to minimize turnover, they need to balance both keeping their clients and employees happy, he said. In the case of a beloved condo manager looking to take on a new challenge, that could mean transitioning their replacement into the community.

But more than anything else, Fegali attributed burnout and churn to the fact that condo managers are overburdened with multiple sites.

“To break it down in terms of workload, that condo manager is going to three meetings a month, three AGM meetings a year, and it just doesn’t stop,” said Fegali.

“That’s manager burnout.”

On-the-job stressors Burnout is among the psychological health concerns that are likelier to occur when an employee is exposed to chronic stressors that leave him or her feeling helpless and powerless to control work demands or responsibilities, said Dr. Katy Kamkar, clinical psychologist at the Centre for Addiction and Mental Health (CAMH). Dr. Kamkar distinguishes between on-the-job stressors — which include the kind of abusive behaviour that professionals such as condo managers might encounter through the course of interactions with the public — and organizational stressors — which include the type of workplace harassment that can occur within a company.

Since on-the-job stressors can have negative consequences for a person’s mental health, she said it’s important to recognize symptoms of distress. These symptoms can include difficulty focusing and making decisions, feeling anxious, depressed or fatigued, a reduced interest or pleasure in activities and low motivation or passion for work, as well as bad dreams and suicidal ideation.

“Especially if we feel it’s immensely difficult to cope with those symptoms, and they increase over time, it’s important to not

only seek social support, and also talk about it with family, loved ones and trusted ones, but also to seek professional help,” said Dr. Kamkar.

She said professional help may be available through a company employee assistance program, organizations such as CAMH, or through a community psychologist or a referral from a family doctor.

Mental health issues that originate in the workplace can also spill over into other aspects of a person’s life, such as their relationships, Dr. Kamkar observed. What’s more, she said, on-the-job stressors can be compounded by certain events — take, for example, the legal proceedings that could arise from a condo manager reporting abusive behaviour in hopes of having it addressed through official channels.

As their name suggests, on-the-job stressors are sometimes unavoidable parts of a particular position. In light of this, Dr. Kamkar recommended that organizations provide employees who are exposed to these types of situations tools and training to cope with them.

“When it happens, how can they manage it to de-escalate the situation?” said Dr. Kamkar. “And then also, who can they turn to if they feel the impact on themselves?”

Documenting and reporting harassment While employers have legal obligations to have harassment policies in place, the training condo managers receive for handling abusive behaviour on the job may be somewhat patchwork, as Thompson indicated it comes down to whatever their condo management company offers. He said key steps in addressing workplace harassment include documenting it and reporting it.

“Managers need to really understand that they are worth it, that they don’t have to put up with it,” said Thompson. “Report it to their company, and if their company’s a good company, they’re going to report it back to the board, and if it’s a good board, that board’s going to do something about it.” 1

Tips for effective B2B hashtag use, part two

By Steven Chester Each social media platform views hashtags through a different lens.

Effective hashtag use can boost your audience reach, but overdoing it in some cases can lead to a wasted marketing effort.

Twitter’s advice from its own blog states that “one or two relevant hashtags per tweet is the sweet spot.”

There’s no known penalty for overuse, but if you’re looking to be engaging, keep it natural.

Facebook is entirely different. There have been many studies of Facebook’s ever-changing algorithm over the years that have indicated the same thing: Any more than two hashtags actually decreases post engagement.

Instagram is the opposite. The more hashtags you use, the more reach you can achieve, but more than 10 hashtags in your text can lose the user. Quick tip: you can stuff a number of hashtags as the first comment on your post so that they’re not bunging up your text. Those hashtags still apply to your original post, and it will look much cleaner. Instagram caps posts at 30 total hashtags – add any more and your post will not upload.

LinkedIn is somewhat new to the hashtag game, though many users were still adding hashtags prior to them having any effectiveness on the platform. Try not to use more than three or four tags, and be sure that they’re professional in nature and relevant to your company, as this platform is built for a business audience.

Steven Chester is the Digital Media Director of MediaEdge Communications. With 17 years’ experience in cross-platform communications, Steven helps companies expand their reach through social media and other digital initiatives. To contact him directly, email gosocial@mediaedge.ca.

MANAGEMENT

Analysis: What about protection for managers and directors?

30 CONDOBUSINESS | Part of the REMI Network

LEGAL

As CondoBusiness’ readers will no doubt know, recent widespread

amendments to condominium law

BY JAMES DAVIDSON AND CHERYLL WOOD

and

management in Ontario were f irst introduced under the omnibus Protecting Condominium Owners Act. When these lawyers first read the Protecting Condominium Owners Act, it raised an immediate thought: “Fair enough, but what about protection for condo directors and managers and condo corporations as a whole?”

Experience as lawyers mainly representing condo corporations and other types of shared property committees suggests that it’s not easy being a condo director or manager. The main reason is that they are on the “front lines,” dealing with difficult owners and occupants.

Ninety-eight per cent of condo owners and occupants are extremely reasonable and are a pleasure to deal with. But it’s the two per cent that can make life almost intolerable for condo directors and managers. And it’s exceptionally important that condo directors and managers be protected from harsh and unreasonable treatment.

If condos in Ontario are to continue to be strong, reliable investments and to be positive living and working environments, strong condo corporations, with strong support for condo directors and managers, are needed.

Courts willing to take firm approach So, what to do about the two per cent?

Fortunately, the courts have shown a willingness to firmly deal with difficult owners and occupants. Here are some examples: Recently, in the case of Peel Standard Condominium Corp. No. 984 v. 8645361 Canada Ltd., the Ontario Superior Court ordered that a corporate owner sell and vacate the owner’s units due to mistreatment of members of the condo management team. In that case, the respondent, 8645361 Canada Ltd., owned one of the

units, and also occupied other units, in the commercial condo. The court found that the owner’s president had been mistreating the employees, managers, agents and/or members of the board of PSCC 984.

On an interim basis (pending the final hearing), the court ordered, among other things, the owner’s president to refrain from “contacting, communicating, harassing, or coming within 25 feet of PSCC 984 Personnel.”

The problems continued, and the condo corporation applied for the interim order to be made permanent. In addition, because of the alleged continuing violations, the condo corporation applied for a further contempt of court order requiring that the owner sell the unit and “forthwith vacate all units in which they operate their businesses.” The court agreed and granted the requested orders.

Another leading case on these sorts of issues is Metropolitan Toronto Condominium Corporation No.747 v. Korolekh. In that case, the Ontario Superior Court found that the respondent owner had repeatedly engaged in “extreme” behavior, including physical violence; use of a large aggressive dog to frighten and intimidate; extraordinary verbal abuse of other residents; and interference with enjoyment of property as well as actual damage to property.

As a result, the court concluded that the owner was not suited to condo living and ordered that the owner’s unit be sold.

In a 2013 decision, the courts also dealt with communications between board members and owners. In the case of Diamantopoulos v. Metropolitan Toronto Condominium Corp. No. 594, the condo corporation had directed the owners

to “refrain from communicating with members of the board, except through the management office.” The owners objected to this (among other things), but the court supported the board’s direction.

The court said: “The (condominium corporation) has asked the (owners) to use the management office when communicating with the members of the board of directors….This seems sound policy for two reasons: (a) it facilitates corporate record-keeping (it is more likely that these communications will be documented properly if they go through the office); and (b) it protects board members from undue interference with the quiet enjoyment of their own units and the common areas.”

This decision allows condo directors to be protected from excessive or unreasonable communications with owners. That’s not to suggest that condo boards shouldn’t communicate with owners. A strong condo community depends on clear and fulsome communications between the board, the management and the owners. But these lawyers most definitely agree that individual directors should be protected from individual communication with owners, if they wish.

So, in appropriate cases, the courts are clearly prepared to take quite drastic action (including ordering that an owner sell) if this is necessary to protect the other owners or the members of a condo’s “management team.”

Occupational health and safety obligations It should also be stressed that Ontario’s Occupational Health and Safety Act and regulations (OHSA) require that all workers

www.REMInetwork.com | November 2018 31

LEGAL

“The courts are clearly prepared to take quite drastic action if this is necessary to protect the other owners or the members of a condo’s ‘management team.’” be protected from workplace violence and harassment (including new provisions regarding sexual harassment). In addition, all condo corporations having at least one employee are required to have Workplace Violence and Harassment Policies.

Unfortunately, the policies are somewhat limited in the sense that they (and the OHSA) only deal with “workers.” Their application to volunteer condo directors (not to mention all owners and occupants) is therefore uncertain. For these reasons, it is recommended that all condo corporations consider passing rules against violence and harassment (including sexual harassment) anywhere on the condo property.

In these lawyers’ view, any sort of violence or harassment would, in almost all cases, contravene section 117 of the Condominium Act, which currently reads as follows: “No person shall permit a condition to exist or carry on an activity in a unit or in the common elements if the condition or the activity is likely to damage the property or cause injury to an individual.” Violence (including threats of violence) and harassment are harmful, which is why they would likely contravene section 117 in virtually every case.

But the advantage of a rule is that it can specifically define “violence” and “harassment” — borrowed from the OHSA — and the rule can also make it clear that all owners, directors and representatives of the manager must not be treated with violence or harassment (which, again, goes beyond the OHSA).

In these lawyers’ view, this enhances the possibility that a court will step in and help when necessary — as seen in the cases noted above.

So, what does a condo director or manager do if he or she is subjected to

violence and/or harassment from an owner or occupant?

As a first step, consider the need for a policy and/or rule respecting violence and harassment, as noted above. And, of course, the condo corporation must take reasonable steps to enforce such policies and rules.

When a problem arises, immediately take the matter to board and, where appropriate, consider obtaining the advice of legal counsel. Depending on the circumstances (depending on the parties involved), it may be necessary to deal with matters of conflict and matters of privacy or confidentiality.

Meetings between the parties involved can sometimes be a very effective way to resolve matters — but sometimes not.

In appropriate cases, if it is concluded that violence and/or harassment has taken place, one or more “cease and desist” letters (to the alleged violator) may be the place to start, followed by court or other legal processes if the problems continue. In any legal process, it may be appropriate to seek an early “interim order” from the court – to control the alleged misbehavior pending the final hearing at which all of the evidence (and all challenges to the evidence) can be revealed and argued before the court.

The case for more protections The bottom line is that protections — for board members and managers — do currently exist in Ontario’s laws. But these lawyers would like to have seen more in the way of protection for condo directors, managers and corporations, in the new legislation. Among other things: Specific new protections against violence and harassment — for all owners, directors and managers — should be added to section 117 of the Condominium Act. (Section 117

32 CONDOBUSINESS | Part of the REMI Network

is to be amended, and there is also the possibility for new regulations under section 117, but so far there is no indication that violence and harassment will be specifically addressed.)

There should also be a strong, clear indemnification provision right in the Condominium Act or regulations making owners responsible for all costs that they (or any occupant or invitee of the unit) cause the condo corporation to incur (and that such “chargebacks” are added to the owner’s common expenses). Instead, the Condominium Act requires that such provisions be contained in the condo’s declaration. In these lawyers’ view, this concept should apply to every condo and every condo owner in Ontario — without regard to the declaration.

In summary, while explicit protection for condo directors and managers and condo corporations as a whole is not set out in the Condominium Act, condo corporations can take steps to address violence and harassment through policies and rules. If that doesn’t work, the courts have shown that they are willing, if necessary, to remove the difficult owner. 1 James Davidson is a partner at Davidson Houle Allen LLP, and has been practicing condominium law for more than 35 years. He represents condominium corporations, their directors, owners and insurers throughout eastern Ontario.

Cheryll Wood is an associate at Davidson Houle Allen LLP, and has been practicing condominium law for six years. She represents condominium corporations, their directors, owners and insurers throughout eastern Ontario.

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How to handle the holiday influx of packages Consumers are increasingly turning to online shopping, particularly during the busy holidays. It’s quick, easy and

BY BRIAN BOSSCHER

can be

accessed around the clock from the comfort and privacy of home.

In fact, according to data gathered by Condo Control Central, condos receive 48 per cent more packages in November and December compared to other times of year. As the volume of online purchases grows, the need for an effective parcel delivery system is vital. This is especially true for people living in condos since the parcel is received by the security guard or concierge on duty.

A s such, now is a good time for property managers and condo boards to evaluate their current delivery processes and to prepare themselves for higher volumes of online purchase deliveries.

A n unorg anized or p o orly managed parcel deliver y system c an present unnecessary and avoidable challenges.

Just one lost package can easily cost

34 CONDOBUSINESS | Part of the REMI Network

the c o r p o r at i o n m o n ey, t a r nish i t s reputation and create a dispute with owners.

Here are some key points to consider: Tracking No one wants to deal with lost or stolen packages, so having a reliable tracking system in place is a clear priority.

MANAGEMENT

and a Tetris-like strategy to maximize available space and enable quick retrieval.

Here are a few tips to establish a wellfunctioning storage room: • Log a brief description of the parcel in the tracking system so that it’s easier to find.

• Write the unit number clearly on the front of the parcel. (Placing parcels numerically along the shelf will also make them easier to find.)

• Organize by parcel size; large parcels should be stacked on lower shelving, and medium to small parcels should be placed on middle to top shelves.

• Place envelope-type parcels that do not fit directly into the mailbox into a filing cabinet or drawer and organize them by unit number.

Starting with these few small changes will help achieve a more organized and useful storage room quickly.

It’s important to record the receipt of all received parcels, including details such as time of delivery and recipient. This information should be saved in a searchable database for accessibility and accountability.

It’s also important to ask for and keep a record of signatures when parcels are released to owners as evidence that the parcel was delivered.

The system should be appropriate for the scale of the condo. Smaller condos may be able to manage with a paper-based system for accepting parcels. However, larger condos likely to see higher volumes of deliveries will likely require a more sophisticated system.

Just as technology has facilitated online shopping, it has facilitated digital packagetracking systems that automate these critical processes.

Storage Often overlooked, storage is another key aspect of a condo’s package-receiving system. Organizing parcels requires space

Parcel waivers Parcel waivers are an extremely important tool to manage risk when accepting parcels on residents’ behalf. If the corporation doesn’t have a parcel waiver system in place then it’s liable for anything lost or damaged.

Policies and approaches to this topic vary between condos; while some condos forego the waiver process and accept the associated risks, others will not accept parcels for a resident without a signed waiver on file. Each board must decide for itself what level of risk it is willing to accept.

If a board does require a waiver, knowing which residents have signed a waiver and which ones haven’t is extremely important.

Having a reliable waiver-tracking system, which can also be digitized, helps ensure parcels are accepted only for those who have signed a waiver.

Notifications Most residents that make online purchases want their parcels as soon as possible, so they want to be notified as soon as it arrives. Most condos put a sticky note onto a residents’ mailbox to let them know, but notes can go missing, fall off, etc. There are newer ways to alert residents to the arrival of their parcels. Tech-savvy residents may prefer to receive an email, text or in-app push notification, while not-so tech-savvy residents may prefer to receive

notifications via voicemail or digital screen in the mail room.

Identification and signatures Identification and signatures should be checked and gathered upon release of any parcel. Ensuring the parcel is being released to the rightful owner is vital to residents’ privacy and security. It is also a way to record that the parcel was indeed picked up by the right person and not lost or misplaced by the corporation.

Record Record all vital touch points of a parcel’s journey, from the moment it is received to the moment it is collected by the resident. This will ensure supporting documentation is available if a resident inquires about a lost parcel. Residents can come back 30, 60 or even 90 days later to inquire about a missing parcel so it’s important to be able to respond with reliable records of whether or not the parcel was received and/or collected.

Periodic audits Periodic audits are a great way to check records against storage inventory and give management an opportunity to address any anomalies promptly. Audits should be conducted by a member of the security team on a regular basis; most professional security companies do this monthly. Having a good auditing system in place will not only assist in conducting audits more efficiently, it will assist in determining whether there are any areas of the receiving/delivery system that may need fine tuning.

The best parcel delivery systems are simple and scalable, and as a result can be quickly adopted by residents in the condo. And happy residents will make for a happier holiday season for everyone. 1 Brian Bosscher is the president and founder of Condo Control Central, a leading Torontobased company that provides web-based communication, management and security cloud solutions for condominiums of all sizes. He is also a former board member, having served more than 12 years as both treasurer and president. He can be reached by phone at 647-557-8479, or by email at brian@condocontrolcentral.com.

www.REMInetwork.com | November 2018 35

What’s wrong with this picture?

It’s generally well-understood that good communication helps keep things running smoothly in a condo corporation. Good

BY SUE LANGLOIS

communication supports activities such as rules enforcement that serve to maintain the property as a nice place to live and therefore preserve property value.

Recently, this author’s company signed on a condo corporation that was keen to make the most of its new elevator screens as a communication tool. The board of directors, along with many tidy residents, had lost patience with the folks who continued to make a mess of the chute rooms, and they thought it was time to get tough.

One of the first notices that was created to tackle the problem (pictured) was produced prior to any c re a t i ve b r i ef, w h i c h i s d eve l o p e d through a sit- down bet ween the creative lead, board and management team. There was some surprise when a resident took offence, claiming that t h e tex t “ Yo u r m o m d o e s n’t wo r k

here” was sexist and suggestive of the antiquated idea that a mother’s role is to clean up after people.

But whether one agrees with that opinion or not (this business owner and mother of four teenagers didn’t take offence), there are a few things wrong with this picture that can be avoided through careful, upfront communication planning.

1. Watch the tone While the aim was to get tough on the litterbugs at the site, the tone of this notice is a bit harsh, and it all boils down to one word — “never.” Using wo rd s like “ d o n’t ” o r “n eve r” o r YELLING IN ALL CAPS are generally

36 CONDOBUSINESS | Part of the REMI Network

GOVERNANCE

not too productive. Most people do their best listening when they detect whispering, and while the digital equivalent of a whisper takes practice, it’s very important to master if the audience is to notice, retain and heed the message.

2. Know your audience One of the most important things to do when broadcasting is to have a pretty good sense of who the audience is. That means understanding demographics such as age, gender and income — anything that gives insight into who the audience members are and who they perceive themselves to be.

This often requires ditching pre-conceived notions, too. (Contrary to popular belief, seniors have been the fastest growing segment of tech adopters.)

3. Ditch the pic Many, many times representatives of condo corporations have sent pictures of garbage, cigarette butts, even cars crashed into garage posts with the request to post IMMEDIATELY!!! (Yes, the caps were included.) Some even had angry red arrows, circles and other lines to make sure the viewer didn’t miss the point.

This practice is generally discouraged because it can come off as tattletale-ish and finger-wagging — two practices that are more likely to have the opposite effect of what was intended. People who get told what to do can come right back and tell the messenger what to do (or where to go). Not only that, but garbage rooms are not generally the prettiest picture to display in the elevators for all to see (including would-be unit purchasers). Better to be subtle and get the audience’s attention and yes, even admiration, as in a notice that compared speedy drivers to race-car drivers (pictured).

4. Pick your battle Some notices are purposely designed to shock and jolt the audience into a behaviour change, and that’s totally okay.

A “shame campaign” from a year or so ago got major reaction — and major results. Residents were quite upset when their inconsiderate behaviour was brought front and centre for all to see, but the facts were the facts. The board stuck to its guns and after just three days on the elevator screens, the difference on the property was quite pronounced.

In the case of the notice about the chute rooms, if someone perceives a message to be sexist, it may be best to remove, reword, or rework it entirely. It’s usually just a simple matter of careful thought and planning to achieve an eye-opening notice without offending, or at least without offending the non-target audience.

5. The creative brief As mentioned, the chute room notice was created before the creative brief was developed.

Establishing a creative brief upfront is absolutely critical to the success of a communication strategy. The process starts with an in-depth discussion between the board of directors and/ or management team and the creative lead. Board members should be involved initially because, as residents, they have a unique perspective and can share their goals and objectives. It also helps to get the board and the management team on the same page, because quite often the communication priorities of one are quite different from the other.

Whether messages are intended for elevator screens or elsewhere, careful planning is key to good communication, and nothing keeps things running smoothly in a condo community like good communication. 1 Sue Langlois is the founder/CEO of DigiNotice, a digital display and creative notice service designed specifically for condos. Sue is on the CCI-Toronto board of directors and serves on the communication committees for both CCIToronto and CCI-National. She contributed the Communications chapter of CCI-T’s Board of Directors’ Tips, Tools and Techniques. Sue can be reached at sue@digi-notice.com.

The preceding article has been adapted and reprinted with permission from the Digi-Notice blog: https://digi-notice.com/anew/category/blog/.

www.REMInetwork.com | November 2018 37

How to get gym facilities into shape When it comes to condominium BY STEVEN CHRISTODOULOU amenities, one of the first things residents expect is a gym. Not just any gym, but a well-equipped,

spacious, well-maintained gym. According to a RentShare study, the biggest

pet peeve of the modern resident is not having access to quality services.

Nearly 15 years ago, developers didn’t deem it necessary to lay out a gym in a condo’s building plan. Gyms were a second-thought in a building. If there was space left over or room to fill on a floor, the space would be converted into a gym.

However, there is great value in providing a gym facility for residents so they don’t have to spend additional monies and leave the property to go to another gym. And now more than ever, health- conscious individuals are constantly looking to improve their wellbeing by eating well and exercising.

As the demand for a gym as a basic amenity within a condo building grows,

developers must make sure they’re e quip p i n g b u i l d i n g s w i t h f i t n e s s facilities. While developers are responding to the immediate demand for fitness facilities in condo buildings, sometimes it’s not quite enough.

Condo buildings may now have gyms, but residents still have numerous complaints about the size, availabilit y of equipment, hours and maintenance of these facilities. W hat follows are some of the most common complaints condo management companies receive about gyms and tips on how to overcome these issues.

38 CONDOBUSINESS | Part of the REMI Network

Limited equipment and overcrowded gyms Topping the list of complaints that condo residents have about their fitness facilities is that they are too crowded.

The busiest times for gyms are 6 a.m. to 11 a.m. and 4 p.m. to 9 p.m. That leaves a narrow window — between noon and 4 p.m. — for health enthusiasts to peacefully enjoy gym facilities, without worrying about waiting for the elliptical or a treadmill. Although this isn’t very convenient for the many people who work from 9 a.m. to 5 p.m. Gyms are often too small and overcrowded during the hours that most people aren’t working, making it

GOVERNANCE extremely hard for residents to beat gym traffic at gyms and use the facilities as well as they would like.

On average, each condo building had around 200 units up until 2006, according to Altus Group. This number has increased, and by 2012, most condo buildings had closer to 400 units per building. For a building of at least 400 or more inhabitants, even if a condo gym had three treadmills, three elliptical machines and additional equipment, each resident would be entitled to only one per cent of a single machine, if these figures are broken down.

T hese figures suggest that even gyms that are better equipped with maybe four or five of each machine are still not meeting the demands of gym goers. There is a shortage of equipment, regardless of how nice the gym may be within a condo building.

TIP

L o ok at the lo gistic s of potentially making more m a c hi n e s a n d exe rc i s e equipment available as well as expanding the size of the

building’s gym or exercise room. Consider re-allocating another common area to a gym or exercise room to offer increased facilities. Or, if possible, dedicate an entire floor to exercise facilities.

But be sure to do the math and keep in mind the number of total units in the building when deciding on how much more equipment to purchase and by how much to expand the size of the gym. Also remember that it’s better to focus on offering fewer facilities (such as a wellequipped gym, a well-maintained pool or a yoga studio) rather than offering multiple, poorly managed facilities.

Limited gym hours Another common complaint that is c onne c t e d t o t h e s h o r t a g e o f e q u i p m e n t o r l i m i te d c a p a c i t y o f fitness facilities is gym hours. Most condo gyms are open any where between 6 a.m. and 11 p.m. But for 60 per cent of the 17 hours the gym is open, it is an extremely busy place.

As a result, residents complain about restrictions on hours. Rather than specific hours, residents believe that gyms in

There When You Need Us At Crossbridge, we’re 100% committed to making your experience the best that it can be. As the leading condominium property manager in Ontario, we help to create great communities by focusing on the needs of owners and residents with a level of service that is second-tonone. Our experienced team members are just a call away and are always ready to help.

For more information, contact us today Sandro J. Zuliani | szuliani@crossbridgecs.com | 416-354-1926

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GOVERNANCE condo buildings should be open 24 hours. Because it is a facility that can remain open with little supervision from the condo board, residents think that perhaps they should have greater access to the gym. Schedules vary, and gyms are busy for greater parts of the day, so from a condo board’s perspective, couldn’t a gym be open 24 hours?

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

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A gym can be noisy, so condo corporations may receive noise complaints from residents who live directly above and below the gym. However, corporations can potentially address both complaints by reviewing noise-reduction solutions and making sure the gym is sound - proof. These solutions can help accommodate those who wish exercise on their own schedule as well as those who were previously disrupted by noise from the gym, provided that the sound-proofing is effective.

TIP

Poorly maintained gyms Needless to say, residents expect well-maintained gyms and exercise rooms. However, as a result of the constant use of equipment and machinery in exercise facilities, things often stop working or aren’t kept up.

Proper maintenance of machines is a given, but it’s also important to ensure that, overall, the space is clean and fresh.

Common maintenance complaints about condo gyms are poor ventilation and intolerable smells. The two go hand-in-hand. If a gym room has poor ventilation, it won’t air out the smell within the space.

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It is extremely important that modern, durable, and high-quality equipment serve as the foundation for any fitness centre in a condo building.

Ensure that equipment is regularly maintained and schedule routine checks to confirm that there is good lighting and ventilation, and that the space is kept clean and healthy for residents. Also ensure that residents are taking care of the space by leaving sanitization and cleaning supplies, towels and cloth so that they can clean up after themselves.

The gym is a shared space within the condo building so the responsibility falls on both residents and the condo corporation for its upkeep.

Complaints about overcrowding, limited hours and lack of maintenance in condo gyms are common, but there are ways condo corporations can address these concerns. The biggest thing a corporation can do is listen to their residents’ concerns in order to facilitate healthier exercise facilities within condo communities. 1

TIP

with more than 80 years of.... owning, managing, building, and adding value THE ENFIELD GROUP INC. “ADDING VALUE AND PROFILE TO PROPERTIES DETAIL BY DETAIL”

Contact: Greg Fraleigh, RCM, President Tel: 905-689-7341 Fax: 905-689-7452 Toll Free: 1-800-263-6952 Email: gfraleigh@enfield.net

www.enfield.net

Steven Christodoulou, RCM, is chief visionary officer at ICC ® Property Management. ICC ® Property Management has been assisting condo corporations in creating community and ensuring property is being well maintained since 1992. With a focus on transparency, communication and community-building, ICC ® offers property management services to buildings across the Greater Toronto Area.

The preceding article has been adapted and reprinted with permission from the ICC ® Property Management blog: https:// iccpropertymanagement.com/blog/.

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Don’t let cannabis laws leave your organization dazed and confused On Oct. 17, 2018, the federal government legalized the sale of

recreational cannabis in Canada.

BY DOUG MACLEOD

This is a

monumental shift in the legal landscape that may have organizations such as property management companies wondering how they can adapt to this change.

www.REMInetwork.com | November 2018 41

LEGAL

The short answer is to implement a drug policy.

Recreational cannabis becomes legal Bill C-45, or the Cannabis Act, establishes a legal framework for the legal sale and possession of cannabis. The Ontario government and other provincial governments have passed laws that permit the legal sale of cannabis as of Oct. 17, 2018. The Ontario Human Rights Commission has recently issued questions and answers on cannabis and the Ontario Human Rights Code.

This change in the law raises many issues including health and safety considerations, medical marijuana use in the workplace, human rights issues, and the complex area of drug testing.

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Testing • Design • Installation

What follows is a discussion of these issues.

Key components of a drug and alcohol policy There is not a one-size-fits-all drug policy. Every workplace is different.

For instance, a draft policy for Toronto Police Service proposes banning officers from consuming recreational cannabis within 28 days of reporting for duty. This policy has been debated as members of the Toronto Police Union oppose this restriction, claiming it is impractical and essentially an absolute prohibition. The RCMP, the Canadian Armed Forces and other police forces throughout Canada have adopted different policies.

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The following are possible components of a drug policy:

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1. Background information and expectations Provide some background information on why the substance abuse 8:59 AM is being written or updated, starting with the new cannabis laws. policy All staff should understand what is expected of them regarding possession of cannabis in the workplace and impairment while on duty.

It is recommended that employers make it clear that cannabis legalization does not change the fact that recreational marijuana use at the workplace is not permitted. Comparing recreational marijuana to alcohol can help illustrate that just because using a substance is legal does not mean it is permissible at the workplace. Just as staff know to refrain from drinking alcohol at the workplace, staff should understand that they cannot use cannabis at work or be impaired while working.

2. Policy statement The policy should outline an organization’s commitments to its employees, clients, and third parties. An organization’s two main commitments are to provide a safe and healthy workplace, and to continue complying with the organization’s duties under Ontario’s Human Rights Code.

3. Provide definitions and scope Define terms that are used throughout the policy so that everyone understands what they mean. Some important terms to consider defining include: “impairment,” “fit for work,” “safety-sensitive positions,” and “undue hardship.”

The policy should make clear where it applies and to whom it applies.

Depending on the nature of a business and where people conduct business, it is important to outline expectations when it comes to travelling, off-site locations, and attending company-sponsored functions.

42 CONDOBUSINESS | Part of the REMI Network

LEGAL

4. Outline roles and responsibilities The policy should set out the responsibilities of the company, management, and employees.

The company should be responsible for making employees aware of the policy and enforcing it. Managers should be responsible for understanding and following the requirements of the policy, encouraging employees to report incidents of substance abuse, and promptly reporting all complaints or incidents of substance abuse. The policy should also make clear that anyone who reports a substance abuse incident in good faith will not be punished for it.

Some additional considerations Remember that developing a policy can take time. Education is an integral component of the process. Staff will need training to understand what is expected of them at work.

When developing a substance abuse policy, it is a good idea to collaborate with the Joint Health and Safety Committee or the Health and Safety Representative, if either exist in the workplace.

Policies addressing the possession and use of recreational cannabis in the workplace have to find the delicate balance between outlining acceptable employee behaviour while maintaining employee privacy.

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Since 1999, medical use of marijuana has been legal in Canada and is currently regulated under the Access to Cannabis for Medical Purposes Regulations. The duty to maintain a safe work environment must be balanced with an employer’s obligation under human rights legislation to accommodate an employee CombinedBuilding_Condo_October_2018.indd 1 with a disability to the point of undue hardship. This duty may include permitting an employee to work while under the influence of marijuana. However, employers must continue to meet their obligations under the Occupational Health and Safety Act, so this balancing act is particularly important in safety-sensitive workplaces.

Employers are required to respond to marijuana - related accommodation requests on a case-by-case basis, taking into Goldview Property Management Ltd. will guarantee the highest standard of consideration the employee’s medical needs and the organization’s property management services. Our obligations under health and safety laws.

Drug testing A controversial issue facing employers is the question of how to detect cannabis impairment. Introducing drug testing in the workplace is very controversial and often leads to litigation. In fact, an employer should expect that any random drug testing policy will be legally challenged. In these cases, the onus to justify the need for a random drug testing policy is on the employer.

Any testing protocols must show current impairment; not past use.

Ultimately, understanding an employer’s rights and obligations under the federal Cannabis Act and related provincial legislation is the key to developing an effective substance abuse policy. 1

2018-11-05 10:41 AM

meticulous attention to detail, innovative and cost-effective solutions, advanced communication networks, and green technology have established Goldview Property Management as a leader in the industry for the past 30 years.

Contact Goldview Property Management and your Corporation can also realize significant financial and operational benefits.

www.goldview.ca • 416.630.1234

Doug MacLeod of the MacLeod Law Firm limits his law practice to employment law. He has been advising Ontario employers including property managers for more than 25 years. He can be reached at 416-317-9894 or doug@macleodlawfirm.ca.

51 Toro Road, Suite #200 Toronto, Ontario, M3J 2A4 Fax: 416.630.3132

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LEGAL

Early termination clauses open to possible abuse Lately there has been a lot in the news about the cancellation of

BY PATRICK GRECO

condominium projects in the Greater Toronto Area. These cancellations were met by frustration and anger from unit purchasers who, though they received their deposits back, along with the nominal interest prescribed under the Condominium Act, felt that this did not go far enough toward making them whole.

44 CONDOBUSINESS | Part of the REMI Network

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How, exactly, is a developer permitted to simply cancel a project, sometimes a number of years after the first agreements of purchase and sale were signed? The answer lies in the mandatory Tarion Addendum to the agreement and purchase and sale of a preconstruction unit. The Addendum requires a developer to provide a unit purchaser with a list of critical dates in the context of the Tarion delayed occupancy warranty.

However, with regard to the issue of project cancellation, the Addendum also permits a developer to insert into an agreement of purchase and sale certain early termination conditions which, if not waived, can lead to the termination of the agreement of purchase and sale. These include: • Conditions that permit the developer to terminate the agreement based on the fault of the purchaser. One such common condition is the assignment of the agreement by the purchaser without the consent of the developer.

• Conditions that solely benefit the purchaser, such as to obtain financing or the statutory 10 day “cooling off” period following the execution of an agreement.

KITCHEN STACK PRESSURE CLEANING

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LEGAL • Conditions that make the agreement conditional upon receipt of approval from a government authority for things like planning/ zoning changes (including minor variances), site plans and similar agreements, and the obtaining of easements or similar rights serving the property.

• Conditions that solely benefit the developer, notably confirmation that financing for the project on terms satisfactory to the developer has been obtained by a specified date.

It is the final two categories of conditions that can lead to the types of cancellations that have been in the news.

A major problem with these types of conditions is that they are open to possible abuse. For example, a project that was marketed as having a certain number of floors or a certain range of uses, may be conditional on municipal approval for a greater number of floors or additional uses, even though there may only be a limited possibility of ever receiving this approval. Similarly, a condition requiring the developer to confirm that it has been able to obtain financing on terms satisfactory to the developer is not pegged to whether reasonable financing exists that would permit the project to proceed, only to whether the terms are “satisfactory” to the developer. So, even though the Addendum clearly provides that the developer must take “all commercially reasonable steps within its power” to satisfy early termination conditions, this still leaves open a tremendous amount of room in which something like financing could be used as an excuse to cancel a project for other reasons.

These problems are compounded by the fact that a financing term such as that set out above does not have a tight timeline

KITCHEN STACK PRESSURE CLEANING

within which it must be waived by a developer. Instead a condition of that type can remain open up until 90 days before the First Tentative Occupancy Date for the unit, which can be many months into the future. It is this factor that leads to perhaps the most troubling impact of the cancellation of a project. Although a project may be cancelled years after an agreement of purchase and sale was signed, the developer is only required to return the purchaser’s deposit, along with nominal interest as prescribed in the Condominium Act. There is no accounting for the fact that the purchaser has been kept out of a rising housing market for months, if not years, and now may not be able to find a similar home in a similar area for anywhere near the same price and may, in fact, be priced out of the market altogether.

The final aggravating factor is that even though early termination conditions are governed by Tarion’s Addendum, Tarion itself has no power to award damages to jilted owners. The most Tarion can do is investigate whether a developer has acted properly and use that to potentially prohibit that developer from registering further projects.

That does little to help a purchaser on an already terminated project.

Instead, purchasers are left out on their own to consult with lawyers as to whether they should litigate against deep-pocketed developers.

Indeed, the latest round of project cancellations has already led to at least one court application already having been commenced on behalf of a large group of unit purchasers in the cancelled Cosmos condo project in Vaughan.

There is no doubt that purchasing a unit in a pre-construction condo project comes with risks. In return for the potential to own a brand new unit, at a price that is almost certain to appreciate in the current housing climate, a purchaser must recognize that they are shouldering certain risks that the project will not get off the ground. However, two relatively straightforward conceptual fixes that would help protect purchasers are: • Limiting the deadline by which a developer must waive certain types of conditions. Some have suggested that this should be a maximum of 90 or 180 days after the first agreement of purchase and sale for the project is signed. This would force developers to be more certain of their municipal approvals and financing prior to signing agreements, lest they go to the trouble of selling units only to have to cancel the project a few months later. This would protect purchasers by ensuring that their deposit money is not tied up for years and that, if a project is cancelled, they can quickly look for another purchase.

• Requiring a developer to return to purchasers not only their deposit amounts, but instead an amount that reflects the estimated fair market value of a unit of similar size and quality in the same geographic area. This would certainly require some legwork, but could be overseen by Tarion, especially with regard to any security that may have to be posted in this regard.

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There is always risk in buying something sight unseen, and many developers take great pride in delivering their purchasers a quality completed product. However, that does not mean that purchasers, many of whom may view this purchase as a home or a long-saved-for rental unit, should be left to the whims of a developer who may take advantage of the leeway afforded by early termination conditions. 1 Patrick Greco is a partner at Shibley Righton LLP with a practice specializing in condo law.

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SECURITY

New solutions put more eyes and ears on the ground Condominium communities face ongoing security challenges such as unauthorized entries, loitering and vandalism.

Most buildings have a CCTV system, but most of the video it records is never watched or reviewed, due to lack of time. As a result, events and activities may be missed, and suspicious behaviour may not be noticed in time to prevent incidents.

However, specialized analytics and network audio are addressing this by combining video surveillance, communication and entry control. Their open interfaces and improved intelligence provide a tool to help detect, document and deter security events and create a safer environment for residents.

in.” The resident is alerted to the tailgating, and the incident is tracked on the system for further investigation or as part of data collection for future planning. An image can also be captured and sent off to building management or security for review or assessment if tailgating is detected, or an alert can be sent to a security guard in real time.

Another example might be when someone holds the door open too long. In that case, the speaker can be set to notify those people involved with a message, while sending an image from the camera or an email to security.

Anti-tailgating software The biggest security vulnerabilities for most condo buildings are the main access doors.

While most condos use a multi-tenant card or fob entry system, there is the ever-present risk of unauthorized people following others to gain entry. This “tailgating” can be an ongoing threat to the safety and security of residents, particularly when there’s no reception desk in the lobby to monitor arrivals.

New open IP applications are designed to mitigate these risks. For example, tailgating detectors embedded in a ceilingmounted network camera can help prevent unauthorized entry by detecting and notifying security if more than one person enters within a set time interval. Built on algorithms originally designed for retail analytics, antitailgating software has been installed in thousands of cameras worldwide.

Anti-loitering The same combination of network cameras and speakers can be used with anti-loitering software. Intelligent algorithms reduce false alarms by analyzing movement and ignoring ordinary background motion caused by swaying foliage and small animals.

If a person is detected loitering or entering a restricted area, building management can decide how it wants the system to respond. The camera can turn on floodlights as a first defense, then send live video and email alerts to remote staff who can take further action. A remote security guard might decide to send a verbal warning to the person; often that’s enough to deter would-be intruders.

The open IP system can be used in more remote areas of a complex — for example, someone trespassing in the tennis courts after they close or someone hanging around a back or side entrance door.

The same set-up can also function as a remote helpdesk in an unmanned parking garage, enabling remote users to receive and communicate information. Managers can also use this combination of network cameras and speakers to issue live announcements during building or citywide emergencies as well as day-to-day messages about scheduled cleaning and the arrival of repair or maintenance crews.

Network speakers The addition of network speakers allows a prerecorded message to be played or a remote security guard to send a live, verbal warning to anyone trespassing.

For example, when the camera detects a tailgating event (e.g. when two people enter within a five-second period), the speaker is triggered to play a message similar to this: “We’ve detected that you haven’t signed in.

Please exit the door and re-enter/badge back

BY KEITH D’SA

Listening capabilities The ability of audio to cover a 360-degree area enables a video surveillance system to extend its coverage beyond a camera’s field of view, increasing the eyes and ears of a property’s security infrastructure. This is especially pertinent in high-risk neighbourhoods where there is a greater prevalence of crime.

Advanced analytics enable cameras with microphones to detect and distinguish the sounds of gunshots, aggression or glass breaking. When a sound is identified, a network camera can be triggered to send and record video and audio, send email or other alerts, and activate external devices such as alarms. In practice, this can mean that an audio event will trigger a PTZ (pan, tilt, zoom) camera to automatically turn to a pre-set location, such as a door or entryway to visually verify the audio alarm.

These applications are widely used in shopping malls as part of prevention and early detection, allowing early notification of security and law enforcement. These applications can also be used to detect activity in areas outside of the camera’s view or can be used in dimly lit areas too dark for the video motion detection functionality to work properly.

While CCTV can record security events, when no one is monitoring its footage it does little to prevent crime as it is about to happen.

And while front door access control provides a measure of security, lapses can occur.

New, intelligent cameras can convey realtime information to the building’s security system and raise the alarm sooner, closing gaps in condo security. 1 Keith D’Sa has more than 15 years’ experience providing insight and strategy tactics around business development, solution selling and account management in the security industry. As national sales manager for Axis Communications Canada, Keith is responsible for business operations in Canada, including new business development and sales team leadership.

www.REMInetwork.com | November 2018 47

SECURITY

Site security comes under renewed scrutiny Construction site security is under renewed scrutiny after, for the second time in

BY MICHELLE ERVIN

as many years, a member of the public gained access to a downtown property and scaled a crane.

The latest incident unfolded in the Lake Shore Boulevard West and Bathurst Street area around sunrise on Aug. 16. That’s when the Toronto Police Service said officers were dispatched to the scene of an unknown trouble call, where a woman is alleged to have climbed and caused enough damage to a crane as to leave it unusable.

The 34-year-old arrested in connection with the incident was charged with mischief in relation to the damage and obstruction of property exceeding $5,000 as well as failure to comply with a probation order.

The headline-making rescue effort by first responders recalled a crane-climbing incident that occurred a little more than a year ago.

“Anytime something like that comes to light and gets that much media attention, it’s natural for everyone to go back and revisit their policies and say, ‘Okay, this happened on one site. What are we doing to prevent it on our sites?’” said Andrew Pariser, vice president of the Residential Construction Council of Ontario (RESCON).

48 CONDOBUSINESS | Part of the REMI Network

Health and safety obligations The potential for a worse outcome, such as injury or death, is almost certainly on the minds of high-rise builders after the latest crane-climbing incident. Pariser said the residential construction sector uses a continuous-improvement model, which calls for the examination of near misses such as this in an effort to prevent them in the future.

The Occupational Health and Safety Act serves as a baseline for builders, spelling out requirements for public safety around construction sites. In particular, the

SECURITY

“The more cranes you have, the more opportunities there are to climb them.”

construction projects regulation calls for measures to protect passersby from such hazards as falling debris.

“The public way protection sections are not intended to prevent the public from trespassing on private property where no expressed or implied invitation to access the property has been provided by the landowner or the owner of the project,” a Ministry of Labour spokesperson said via email. “The recent crane-climbing incidents are a police matter.”

The spokesperson said ministry inspectors may investigate if a crane-climbing incident were to result in the injury or death of a non-worker. However, she added that their involvement would be limited to looking at whether there had been any violations of the Occupational Health and Safety Act, which deals primarily with protecting workers from on-the-job hazards.

A matter for police In both recent crane-climbing incidents, the alleged perpetrators were charged with mischief, for which convictions carry the possibility of imprisonment. Mischief in relation to property is among the most serious charges a person could face in connection with this type of incident, said Constable David Hopkinson. He said other potential charges could include break and enter and theft — also serious — and trespassing, a minor offence.

Pariser noted that builders could also be held criminally responsible in connection with a crane-climbing incident if an injury or a death occurred and serious gaps in security were identified.

“For example, let’s say they left a big spotlight on the crane, the gate’s open, there’s a red carpet to the crane,” said Pariser. “Obviously this builder is extremely

negligent because they’ve not mitigated risk in the way that they should.”

However, this extreme, hypothetical scenario doesn’t reflect the reality of construction site security today. Nor does the pop-culture caricature of a security guard snoozing through a night shift, said Pariser.

Construction site security has become increasingly sophisticated, and a combination of electronic and physical security is now standard, he said.

Fear of inspiring copycats If the residential construction sector appears to be quiet as it discusses how to prevent future incidents, it may be because there is a fear of inspiring copycats by giving past incidents too much public attention. Craneclimbing is considered to be a permutation of roof-topping, which refers to the act of scaling of tall structures to take photos and videos — typically to post on social media.

“It is a world-wide phenomenon and Toronto is no stranger to it,” said Constable Hopkinson. “There have been a few deaths world-wide resulting from this dangerous practice.”

Constable Hopkinson encouraged builders to make every effort to secure their sites, at the same time recognizing that it’s challenging. He recommended considering alarms, barricades, fences and motionactivated lighting.

“Some of these things may appear expensive, but given that in both craneclimbing incidents the site was closed for the day the expense may be justified,” said Constable Hopkinson.

Pariser echoed this sentiment, citing the loss of productivity as an added, financial imperative to prevent this type of incident.

High-rise builders also have an interest in securing the expensive building materials and

equipment that may be stored on residential construction sites, he said.

Side effect of success In some ways, the emergence of craneclimbing incidents may be a side effect of the residential construction sector’s success. Toronto topped Rider Levitt Bucknall’s January 2018 North American Crane Index, thanks in no small part to the 70 cranes that were in use on high-rise condo projects.

“The more cranes you have, the more opportunities are there to climb them,” said Pariser. “Because residential is such a large part of the market right now, especially in downtown Toronto, there’s a good chance that if they’re going to climb on any crane, it’s probably going to be a residential crane.

“That’s a sign of success of the market, but it’s an issue I think every high-rise builder has thought about,” he said. “We would globalize it and say: You need a security system for your site, and it needs to encompass a lot more than just protecting your crane, but the crane becomes a focal point when a situation like this arises.” 1

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www.REMInetwork.com | November 2018 49

NEW AND NOTABLE

Taking energy efficiency to new heights The same labelling program that has recognized new homes with small carbon footprints for more than a decade is running a pilot for multifamily high-rise buildings

A pilot program launched in October aims to take energy efficiency to new heights in residential construction. Mid- and high-rise buildings due to rise in Ontario can now pursue the ENERGY STAR® label that has been used to recognize energy-efficient new homes for more than a decade now.

Whereas ENERGY STAR® for New Homes identifies homes that outperform code-compliant homes by 20 per cent, the ENERGY STAR® for Multifamily HighRise (New Construction) Pilot Program will identify buildings that outperform code-compliant buildings by 15 per cent.

The launch of the pilot program responds to the changing face of the new homes market as governments and industry continue to collaborate in the fight against climate change.

“With the increased construction of stacked townhouses and high-rises, I am proud to see ENERGY STAR certification being extended to multifamily high-rise buildings,” said Minister of Natural Resources Amarjeet Sohi. “This pilot program will not only contribute to the Government of Canada’s 50 CONDOBUSINESS | Part of the REMI Network

greenhouse gas emission targets, it will also reduce consumers’ energy costs, create good jobs and stimulate innovation in the housing sector.”

EnerQuality, a certifier of energy-efficient homes established by the Canadian Energy Efficiency Alliance and Ontario Home Builders’ Association, is running the pilot program with authorization from Natural Resources Canada. ”Trusted by consumers and respected by builders, ENERGY STAR Multifamily is a natural extension of ENERGY STAR for New Homes in a market rapidly shifting to higher-density housing,” said Corey McBurney, president of EnerQuality. “EnerQuality is proud to partner with Natural Resources Canada to demonstrate that innovation happens when industry and government work together to lead.”

The pilot program is scheduled to run for five years in Ontario. If successful, the program could eventually be rolled out elsewhere.

More information is available on the EnerQuality website: https://www.enerquality.ca/.

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