Condo Business

Canada’s Most Widely Read Condominium Magazine

October 2017 • Vol. 32 #5

MEET THE CAO

Month One at the Condominium Authority of Ontario

PM#40063056

PA R T O F T H E

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GOVERNANCE Communication mistakes, information certificates and online message boards

P A R T

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Contents FEATURE

18

Inside the CAO

By Michelle Ervin

30

Management How to get a condo manager’s license

By Rod Escayola

34

Bringing military-like efficiency to condo operations

By Nicolas Del Valle

38

Maintenance Three building symptoms that should not be ignored

By Gerard Gransaull

42

How to pet-proof condominium landscaping

By Kent Ford

DEPARTMENTS

10

Governance Five tips for preventing communication breakdown

By Sue Langlois

14

Online message boards: Good idea or bad idea?

By JJ Hiew

22

Legal Information certificates: A new mandatory communication requirement for condo corporations

By Sonja Hodis

26

What to do when the developer next door comes calling?

By John De Vellis

IN EVERY ISSUE

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EDITOR'S LETTER

Meet the CAO

Publisher Mitchell Saltzman

The C-A-what?

Advertising Sales Sean Foley, Stephanie Philbin, Melissa Valentini

The Condominium Authority of Ontario, or CAO, adds yet another acronym to the shorthand that rolls off the tongues of industry insiders, but sounds foreign at first to the average people the new organization is intended to serve.

Before the CAO officially began operations last month, industry insiders speculated about the possibility of pent-up demand seeing the organization inundated with queries about condo living. On the contrary, the CAO launched without pomp and circumstance, and in fact started out as a relative unknown. Slightly more than one in 10 people polled on behalf of the organization reported having heard of it.

The CAO’s lack of name recognition poses a problem as the organization scrambles to get each of the province’s estimated 10,000 condo corporations registered before the end of the year. Dec. 31 is when the first assessment, which will support the CAO’s operations, comes due. Condo corporations are to collect the assessment of roughly $1 per unit per month from owners by way of maintenance fees and remit it on their behalf.

Board chair Tom Wright recently told CondoBusiness that the CAO’s efforts to build awareness of its services, which will soon expand to include director education and dispute resolution, are showing signs of progress. Its call and email volumes and website traffic are increasing every week.

This month’s cover story features highlights from our interview with Wright, including a tidbit that was new to me: the tribunal being created to resolve common condo disputes will operate online only. In other words, formal hearings will not take place in person in a physical place, but rather via Skype or other technological means.

Also in this issue, you will find articles from lawyers Sonja Hodis and Rod Escayola to help you navigate some of the new legislative requirements that roll out Nov. 1. Hodis explains new mandatory communication requirements for condo corporations and Escayola walks through how to get a condo manager’s license.

With a name like Condominium Authority of Ontario, the CAO has a lot to live up to. Only time will tell whether the CAO will succeed as it moves to introduce services incrementally in hopes of getting things right.

Michelle Ervin Editor, CondoBusiness michellee@mediaedge.ca

Editor Michelle Ervin

Senior Designer Annette Carlucci Production Manager Maria Siassina Production Coordinator Elizabeth Nguyen Contributing Writers John De Vellis, Nicholas Del Valle, Kent Ford, Gerard Gransaull, JJ Hiew, Sonja Hodis, Sue Langlois, Peter Mills 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 Yeshdev Singh circulation@mediaedge.ca (416) 512-8186 ext. 234 CONDOBUSINESS is published six times a year by

President Kevin Brown Director, Sales & Strategy Eric Harbottle Accounting Manager Nadia Piculik, CPA, CMA 5255 Yonge Street, Suite 1000, Toronto, ON M2N 6P4 (416) 512-8186 Fax: (416) 512-8344 e-mail: info@mediaedge.ca CONDOBUSINESS welcomes letters but accepts no responsibility for unsolicited manuscripts or photographs.

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

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Temporary electricity-rate relief

In the run-up to the provincial election next spring, the Ontario Liberals unveiled plans to cut hydro prices by one-quarter for four years. Then what? Peter Mills, co-CEO of Wyse Meter Solutions, answers: What do condo corporations need to know now about the Fair Hydro Plan?

Condo corporations on a Regulated Price Plan (RPP) rate are no doubt feeling a sense of relief about Ontario’s recent proposed 25-per-cent electricity-rate reduction, or what the government is calling the Fair Hydro Plan. The province pushed the plan through (effective as of July 15, 2017) as a response to climbing electricity rates.

However, one should exercise caution when making decisions about the future based on this temporary relief period. The Fair Hydro Plan only covers energy rates with ratesetting guidelines for a four-year time frame from 2017 to 2021.

Rates are, however, projected to climb from the years of approximately 2021 to 2026, according to the Financial

8 CONDOBUSINESS | Part of the REMI Network

Accountability Office of Ontario (FAO). After that, the FAO anticipates that rates will skyrocket beyond the status quo as RPP customers begin to repay the financing costs of the reduction through a “Clean Energy Adjustment Charge.” (This is similar to the way the Debt Retirement Charge was added to power bills in order to pay off the stranded Ontario Hydro debt.)

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From the years 2017 to 2021, the lion’s share of Ontario’s 25-percent rate cut will be taken from the monthly forecasted commodity charge, while the rest of the reduction is made up by the eight-per-

ASK THE EXPERT

cent HST rebate that took place earlier this year on Jan. 1, as well as a small cut in regulatory charges. For older building owners, this four-year relief period offers a good oppor tunit y to star t thinking about energy management, protecting their asset(s) and preparing themselves for when these rates begin to rise again, which they inevitably will.

One option is to retrofit a building with submeters. Independent case studies have shown that submetering reduces c o m m o n e l e m e nt fe e s (o r s h a re d costs) in buildings as units are metered independently, while overall consumption is reduced, lowering the building’s collective carbon footprint.

Another important aspect to consider is the impact of submeters on resale value.

All newly built condominiums are legally required to have submeters installed.

Plus, when those rates begin to climb again in a few years, buildings will have set themselves up to handle the impact and save on the corporation’s bulk bills.

For corporations that decide to switch to submetering, here are a few more things to consider: Monitoring M o s t s u b m e t e r i n g p r o v i d e r s w i l Cl p rov i d e a n o n l i n e we b p o r t a l t h a tM residents can log onto to track theirY individual usage and view their monthly CM statements. These online web portals offer useful self-monitoring tools andMY hydro usage tips. T his reduces theCY element of surprise in monthly bills, CMY and allows users to see where they K are over consuming and how to control their usage, thus lowering their monthly costs and ecological footprint.

Training In sw itc hin g to su b meter in g , t ake advantage of any training provided to the building or suite owners, staff and re s i d e n t s . C l i e n t s c a n p a r t i c i p a te in t r a inin g s e s si o n s to l e a r n h ow to ef fectively use the billing por tal and analysis tools for bulk data access, as well as how to handle new enrolments. Residents can phone call centres to learn about the cost-usage relationship of energy, so they can make more informed and balanced choices about lowering consumption.

Billing climbing electricity rates, but the reprieve B i l l i n g determines the success of is expected to be temporar y. That’s submetering programs. The corporation can why now is the time to set corporations reduce its monthly administrative charges by up for the future. Retrofitting buildings making use of single-invoice, multiple-service with submeters is one way to achieve billing for additional utility services such efficiencies and protect these assets as water, gas, thermal, and even ancillary going forward. 1 charges including electric vehicle charging station billing, parking and locker fees.

Peter Mills is co- CEO of Wyse Meter The Fair Hydro Plan is due to give Solutions Inc. He can be reached at condo corporations on RPPs a break from pmills@wysemeter.com.

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GOVERNANCE

Five tips for preventing communication breakdown Despite their best efforts, property managers and board directors often

BY SUE LANGLOIS

seem to miss the mark when it comes to improving communication at their property, and “poor communication� continues to be the number-one complaint of residents at many annual general meetings. Bad communication can lead to destabilized condominium fees and decreased property value, along with increased repair and legal costs, so it is no surprise that it is top of mind for most.

10 CONDOBUSINESS | Part of the REMI Network

GOVERNANCE

What are they doing wrong? For starters, not defining what “poor communication” means in the first place, is a common mistake, along with failing to know the audience. Combine that with using the wrong tools, relying too much on technology, neglecting to set firm communication goals and measure the results and it is no wonder that good communication remains elusive to most.

Here’s how to avoid the common pitfalls:

1

Define and refine W h a t e x a c t l y d o e s “p o o r communication” mean in a particular condominium? Does it mean not enough, as in, people are simply not getting messages? Does it mean too much? Are residents getting pelted with information overload? Are notices sent out with typos and spelling mistakes?

The answers to these questions need to be determined to know what the audience thinks is the problem, before the problem can be solved. The next time residents complain about communication, ask for a clear example of what they mean by that.

2

Evaluate audience A common mistake when communicating in condos is not taking stock of who the audience will be.

Millennials respond to quite different communication techniques than baby boomers.

The information that they want to know about might be quite different as well. For example, a millennial might like to know the basketball schedule at the gym, while a baby boomer might be more interested in the phase schedule for the driveway restructuring project. An audience of residents that live close to downtown theatres may like to know what’s playing.

Finding out as muc h as p ossib le about an audience will help determine w h a t to c o m m u n i c a te a n d h ow to communicate it.

3

Set goals When it comes to communication, another common mistake for property managers and board directors is to be too reactive with their communication.

Residents are tossing cigarette butts

from balconies? Quick, take a picture of the butt-littered lawn, add some red text to tell people to stop it, and stick it on five of the nearest bulletin boards, right?

W r o n g . T h i s t y p e of k n e e - j e r k communication can have adverse effects if residents feel like they are being yelled at, and ugly pictures of cigarette butts can lower morale, not to mention property value if prospective buyers get a glance at it.

Pl a n n e d c o m m u n i c a t i o n w i t h a n end goal goes a long way to changing behaviour in a condominium, resulting in happier residents (and less littered front lawns).

4

Plan A common mistake these days is for managers to rely on the tools of the trade and get tricked into thinking that communication is taking place, when in fact it quite often may not be. Email tools are one of the biggest culprits.

Sending an email blast to four hundred residents may seem effective, but is it really? How many residents actually opened and read it? Did an

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GOVERNANCE

email blast about pets get sent to 100 per cent of the residents when only 30 per cent actually own one?

T his t y p e of c ommunic ation c an quickly become an annoyance and once an audience is lost, it is very difficult, if not impossible, to get it back. Email communications need to be carefully planned and sparingly sent in order to avoid this.

Digital displays are another great te c h n o l o g i c a l to o l , b u t a c o m m o n m i s t a ke i s p o s t i n g t h e s a m e o l d notice over and over. A steady stream of c o ntent is re quire d to ke e p the audience engaged.

Communication technology by itself means lit tle without careful human planning behind it!

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Outsource and manage Possibl y the big gest mist ake in condo -land is the failure to take good communication seriously. Everyone claims to want it, but good communication in a condominium can often be a full-time job.

Managers are not plumbers, gardeners, elevator technicians or lawyers. They rarely repair a valve or plant a tree, and they never service an elevator or write a le g al o p inion. T hey m an a g e the individuals and companies that they hire to perform these services. Same goes with communication.

The mistakes mentioned in this article can be avoided by anyone, and the tips used to improve existing communication, especially in smaller condos. However, board director/management teams of larger properties serious about good communication, high-end condominiums dedicated to building and protecting brand value, and condos with serious issues such as insurance cer tificate retraction, high utility bills, etc., may consider hiring a professional to help them.

For example, a planned communication campaign designed to meet the goal of reducing water use and lower utility costs may very well involve more than 30 creative notices, specifically targeted, designed and executed. This may not be something that the average condominium manager is able to do, or even paid to do, for that matter.

If communication is the number one complaint at a condominium’s AGM, it certainly makes sense to invest time and resources in solving the problem.

If a condo board is serious about improving communication, all of these tips will help to ensure success. Good planning includes defining the communication needs, evaluating the audience and even outsourcing to manage the creative process and ensure success. 1 S u e La n g l o i s i s th e fo u n d e r/ C EO of Diginotice. Sue sits 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 CCIT’s Board of Directors’ Tips, Tools and Techniques. Sue can be reached at sue@ digi-notice.com.

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Online message boards: Good idea or bad idea?

Condo owners often complain that condo boards don’t communicate enough.

That said, boards have to consider

BY JJ HIEW

how much

information to share and how to manage the communication process.

Is an online message board for residents the answer?

From an administrative standpoint, will the message board be managed by the condo corporation or the community?

There are advantages and disadvantages to both options.

Corporation-managed message boards Corporation-managed message boards are usually hosted as a feature of

condominium software or as part of the corporation’s website. Moderator styles are broad and can range from being strict (requiring moderators to approve all posts before they go live) to laissezfaire (remaining completely invisible and only appearing when an issue arises); or, something in between.

Some advantages of corporation managed message boards include being able to moderate discussions to ensure

14 CONDOBUSINESS | Part of the REMI Network

that commentary remains civil, no private information is shared publicly, and to keep the conversation focused on the topic at hand. Controlling what is shared or discussed safeguards against inaccurate information and prevents the exchange of inappropriate material, links, images, or language. Plus, it’s possible to identify exactly who users are and restrict posts to actual community members.

Some of the disadvantages of

GOVERNANCE

corporation-managed message boards include censorship, as not all participants’ comments are published, meaning the “real issues” may not get discussed.

This could also contribute to lower engagement from residents and owners, who may not want to take part in another app or join another website. And then there’s the time that must be devoted to moderating content — usually a board director or the property manager has to read through all of the posts and filter out inappropriate comments.

not being censored by the corporation.

T hey’re also easy to join, as most residents will be part of some social media platform.

Some disadvantages of communitymanaged message boards include the potential lack of moderation, so any uncivil commentar y or inappropriate content may not be filtered out. They may also contribute to an increased flow of misinformation as rumours are not quashed quickly (or at all). Plus, there’s no way of confirming that individuals posting on the forum are residents or owners in the condo.

Community-managed message boards Community-managed message boards are usually started by one or more individuals Liability and legal considerations within a condo community and hosted Regardless of message board t ype, using a public social media platform such there are important legal considerations, as Facebook. These message boards such as the possibility of defamation, may or may not be moderated or could be harassment and rele ase of private focused on a single issue. information. The corporation and its S ome ad vant ages of communit y - members can be liable for the content m a n a g e d m e s s a g e b o a rd s in c lu d e they post in the discussion forums. increased feelings of trust in the content, When the corporation manages the DelProperty_Condo_March_2017_FINAL.pdf 1 2017-02-14 1:32 PM as c o mment s an d d iscus sio ns are discussion forum, they have a better

handle on what can be posted and discussed, which better protects all parties involved. Community-managed discussion boards are another option, but they don’t entirely absolve the condo corporation from liability. They do, however, give the corporation some protection via plausible deniability.

Community members running these message boards should be careful about what they are posting or allowing others to post. Personal identifying information, bullying other owners, and spreading rumours can lead to lawsuits. In fact, the courts recently concluded that a condo corporation had a statutory duty to take all reasonable steps to protect the reputation of its directors from defamation.

Community-managed discussion boards that get out of hand or host potentially damaging information could see legal action against its founders or moderators.

I t ’s n o t j u s t d i s s e m i n a t i n g f a l s e information, either. There have been cases of condo corporations taking legal action against community-managed message

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GOVERNANCE boards out of fear that any negative content could become public and hurt property values.

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Good idea, in theory Having a “safe” space for community members to have open discussions is a good idea in theory, but left to its own devices can quickly snowball into a negative space. Message boards may get started with good intentions, but end up overtaken by a vocal minority who have an agenda or a grudge against a neighbour or corporation e m p l o ye e . A g o o d o p e n fo r u m fo r discussion needs two things: commitment by one or more individuals to balanced moderation and proper education of the forum’s participants on what is acceptable content.

If the board directors don’t think that a message board is right for its community, there are other ways of keeping residents informed, such as setting up a blog and posting regularly and sending a monthly newsletter. Both of these options work particularly well when timed to coincide with monthly board meetings. If the condo corporation is set on a message board, keep in mind that managing and moderating posts can be time - consuming, and the board directors may not have control over community-managed message boards that pop up.

Should a message board or discussion forum organically appear, all a condo corporation can do is monitor it for any potentially damaging comments. It might even be prudent to have a director join in and remind the community to keep things civil, or else there may be legal consequences. It’s wor th noting that many discussion forums start out strong only to fade into oblivion once owners and residents lose interest or get caught up in the busyness of their lives.

The key is to strike a balance between keeping the communit y informed and providing a safe channel for residents to voice their concerns. 1

JJ Hiew is a condominium director and the co-founder of GetQuorum.com, an online proxy voting and condominium governance software company. The preceding article has been adapted and reprinted with permission from the GetQuorum blog.

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COVER STORY

INSIDE THE The newly established Condominium Authority

BY MICHELLE ERVIN of Ontario, or CAO for short, is now officially in operation. In a recent phone interview, board chair Tom Wright talked about the challenges of registering condominium corporations and the looming launch of the province’s first only-online dispute resolution system

COVER STORY

CAO

www.REMInetwork.com | October 2017 19

COVER STORY In its first month in operation, the Condominium Authority of Ontario (CAO) fielded 330 calls and 130 emails from condo directors, managers and owners, and registered 524 condo corporations.

Registering the remainder of the province’s estimated 10,000 condo corporations before the end of the year is a focus for the new non-profit organization as it works to increase awareness of its services, said Tom Wright, chair of the CAO. In the days leading up to the official launch of its operations, a poll of 1,000 people found that only 14 per cent of respondents had heard of the authority.

The CAO was established under changes to Ontario’s condo laws aimed at improving consumer protection, which are being brought into effect in phases starting this fall. The authority began providing information services Sept. 1 and is scheduled to begin providing director education and dispute resolution services Nov. 1.

Identifying and tracking down accurate addresses for all of the province’s condo corporations has proven challenging in the absence of a public registry, which the first of what will become annual filings will help to create. The CAO is now calling on condo boards and managers to email info@ condoauthorityontario.ca to request the invitation codes required to register for condo corporations that have not received them.

Meantime, with each passing week, the authority is seeing its website traffic and call and email volumes grow as it works to raise its profile.

CondoBusiness recently spoke to Wright in a phone interview after the CAO’s first month in operation.

How do you introduce people to the CAO? It is a new organization that has been established under the amendments to the Condominium Act and its main purpose is to assist and provide resources as it relates to people who live in condos. In addition to that, there will be mandatory online training for condo directors [and] there will be a Condominium Authority Tribunal, which will deal with disputes that may arise within a condominium corporation.

What questions do the people calling and emailing the CAO have?

Right now, the most common issue we’re dealing with is the matter of how does

a condo become registered, which is a requirement. CAO did a general mail out.

Condominium corporations who may not have received the letter are calling to receive what’s called the ‘invitation code’ so they can go ahead and register their corporation and pay their fees, which are due by Dec. 31.

What will the CAO’s operating budget be?

The [projec t e d $ 10 - m i l l i o n a n n u a l operating] budget was based on an estimate of the number of units there were. That’s where the notional $1-perunit figure came in, which will be included in common expenses and individuals will pay based on the percentage that they pay as far as common expenses are concerned.

How will the CAO ensure that condo owners get value for money for the fees that they’ll be paying to support its operations?

It will be an obligation of the CAO to prove its worth. We feel that the resources that are going to be made available … the information, the benefits of online training, the ways that are provided for resolving common condo issues … you’ve g ot the c ond o author it y, there’s the public registr y, which is going to have information to ensure transparency as far as that information is concerned … as a package, it will d em o nstr ate value, b u t it c er t ainl y will be an ongoing challenge for the CAO to do so. Clearly there’s a cost attached to this and we have to ensure that we’re providing what people see as value and I think we’ ll pro b a b l y ev o l v e o v e r t i m e a s w e g e t m o re feedback.

What can people expect when the Condominium Authority Tribunal (CAT) begins accepting applications in November?

As of Nov. 1, it will deal with records-related disputes only. Part of the reason for that is because this is new, with an online format.

We’d like to make sure that we’re offering the best level of service we can. Although it’s based on a system that is being used in the province of Quebec, it’s been adjusted to the Ontario setting, so we wanted to make sure it’s working, because the last thing we want is frustration on the part of people who want to use it.

20 CONDOBUSINESS | Part of the REMI Network

As we move into 2018, decisions will be made not by the authority itself, but by the government — because it will do it by regulation — as to additional areas of dispute that will get added.

How did the CAO’s board select Ian Darling [former Tarion ombudsman] as the tribunal’s first chair?

We star ted with a fully competitive, open process. We received a lot of interest in the position.

Ian Darling has got a very strong background in dispute resolution, and resolution of d is p u tes in a p r a c tic al manner. And very much a part of what we see the tribunal being is, it’s not primarily adjudicative. In other words, it ’s not ab out making decisions on disputes, it’s about resolving disputes.

We felt Ian brought not only the background, but he shared the vision as to what the tribunal would be. It would not be a traditional tribunal that is there basically to make decisions — that’s a last resort.

The other thing that I think was very much in the mind of the board was that the tribunal is going to be the first fully online tribunal in Ontario, and that is unique.

So all of the three steps in the tribunal’s dispute resolution process are completely online? It’s not as though you would physically be going to a place?

I’m glad you emphasized that because I’ve talked to a number of people, including a couple of lawyers, who just think that, for example, if you end up in that third stage, there is a decision process that they’d be going to a room somewhere and having a traditional type of hearing. When I explain that that’s not the intent, the intent is very much to have it done in an online forum, they say, ‘Well, that’s okay.’ A hearing is a hearing, whether you’re all together in a room or doing it online, whether you’re using Skype or whatever you’re using.

Will there be any sort of grace periods for people who are trying to navigate all the change that is being rolled out to people who live and work in condos?

W ith o u t c o mmit tin g , b e c ause the board and the authority haven’t looked at that specifically, I think there has to be a reasonable opportunity to adjust because not only do you have the CAO but you’ve got

COVER STORY

“It will be an obligation

of the CAO to prove its worth.” the Condominium Management Regulatory Authority coming into existence on Nov. 1, so there’s a lot to absorb. I don’t see this as one of those situations where there’s this big, bright line. I think flexibility is absolutely necessary.

How would you grade the CAO’s first 30 days officially in operation?

Starting any new organization, you never know how it’s going to work out, but I think by any reasonable measure, the roll out has gone as smoothly as you could ever expect. I touch wood as I say this to you – there haven’t been any major glitches, but I think there’s a reason for that.

A lot of time was spent, and I’ll give you an example of director training, which is being

piloted right now. The obligation to take the training does not come into effect until Nov. 1, but throughout the course of developing the training material, there were regular focus groups with various directors and others within the condo community, trying to ensure that what’s being done is, first of all, useful and, secondly, understandable.

Looking ahead, what will the measure of success be for the CAO? I’ll give you a bottom line: it will be seen as the trusted source for information about condo living in Ontario. That, to me, is the measure.

We’ll see what the volume of use is of the CAT, the tribunal itself. That’s another measure.

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We want people to be aware of the resources that are available to them, primarily through the website. We’re also very interested in feedback in terms of: What is it that the CAO can do that will help you to make your condo community a better place to live? 1 The preceding interview has been edited for clarity and length.

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LEGAL

Information certificates: A new mandatory communication requirement for condo corporations Condominium corporations will soon have added responsibilities as a result

BY SONJA HODIS

of changes to the Condominium Act and the new regulations.

These changes will force condo corporations to communicate with their owners more often and provide transparency and accountability with respect to the operations of the condo corporation.

Under the regulations, which are now scheduled to take effect on Nov. 1, 2017, condo corporations will have to send “information certificates.” Some will have to be sent at certain times of the year and others will have to be sent when certain events trigger the obligation to prepare an information certificate.

There are three types of information certificates, which must contain specified information. What follows is an outline of the types of certificates, when they are to be issued and what contents they must contain.

Periodic Information Certificate Condo corporations will have to send periodic

22 CONDOBUSINESS | Part of the REMI Network

information certificates (PIC) twice a year — within 30 days of end of first and third fiscal quarters. The PIC must contain the following information, which has to be current as of the last day of the quarter before it is sent out.

• The address for service of the corporation • The names and addresses for service of the corporation’s directors and officers

LEGAL • A statem e n t o f a l l o u t s t a n d i n g judgments against the corporation and status of all legal actions to which the corporation is a party • A certificate or memorandum of insurance for each insurance policy • The name and address for service of the corporation’s property management provider, proper t y manager or the person responsible for the management of the property • The physical address or electronic method of communication the board has decided can be used to receive record requests, and any method of electronic communication that can be used to deliver copies of records to the requester • A statement identifying any director or officer who is a party to legal action to which the corporation is or was also a party and which resulted in a judgment against the corporation and the judgment is outstanding • A statement identifying any director that has common expense arrears of 60 days or more • The total number of leased units for which corporation has received notice • The financial implications of all outstanding

judgments against the corporation and of legal actions to which the corporation is a party • The amount of the deductible on the corporation’s insurance policy that could be charged back to unit owners • Any insurance policy the corporation has failed to obtain or maintain • The bylaw number for the standard unit bylaw • A copy of any mandatory disclosures required to be made by directors • A copy of the budget for the current fiscal year and any amendments • A statement of whether the budget may result in a surplus or deficit and amount • The balance of the reserve fund • The annual contribution to the reserve fund and anticipated expenditures for the remainder of the current fiscal year • The proposed plan to increase contributions to the reserve fund, if any • The status of any outstanding claim under the Ontario New Home Warranties Plan Act • A statement of whether the corporation faile d to c ompl y w ith rep or ting requirements to the Condominium Authority of Ontario

• A copy of any compliance order issued by the registrar against the corporation • Any other information corporation bylaws require to be included Information Certificate Update (ICU) Condo corporations will have to send information certificate updates (ICU) within five or 15 days of when certain changes occur, depending on the change.

Within five days of a change to the board’s composition that results in loss of quorum, the corporation must provide an ICU with the following information.

• The fact and number of vacancies on the board • A request that any individuals who intend to run as candidates to fill the board vacancies notify the board in writing within five days of the board sending the ICU Within 15 days of the following changes, the corporation must provide updated information in an ICU. • The addresses for ser vice of the corporation, directors, officers • The name or address for service of the property management provider, property

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Strategic Planning and Your Reserve Fund Studies The one guarantee in condo property management is that nothing lasts forever.

Equipment breaks, assets wear down, and systems eventually fail. Reserve fund studies can help condo stakeholders prepare for these big-ticket expenses.

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What are reserve fund studies?

They’re long-term financial planning tools that assess properties in present time, identify what will need repairing or replacing down the road, and inform corporations as to what funds they need to put aside monthly to cover those future capital costs. However, items listed in a particular year for repair / replacement don’t necessarily needs to be addressed in that year. Large expenditure items should be assessed just prior to determine if work is really required or if it can be deferred.

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manager or person responsible for the management of the property • A change in the address or methods of receiving or communicating record requests • Any change to the deductible clause or maximum amount that can be charged back to owners • The termination of an insurance policy The corporation must also provide an ICU for any other information required by corporation bylaws within the timeframe specified in the bylaw.

New Owner Information Certificate Condo corporations will have to send new owner information certificates (NOIC) within 15 days of a new owner notifying the corporation in writing of their name and unit number under s. 46.1(2) of the Act. The NOIC must contain the following.

• A copy of the most recent PIC • A copy of the most recent ICU • Any other material set out in corporation bylaws The government has indicated that it will be creating standardized forms for these certificates.

Corporations comprising less than 25 units will have the option, after a turnover meeting has been held, of exempting themselves from the requirement to send information certificates for any fiscal year if 80 per cent of owners provide written consent. The consent is only valid for the balance of the fiscal year in which the consent is obtained. As such, if a condo corporation wants to continue to be exempt from the requirement to send these information certificates, it will need to obtain consent from 80 per cent of owners each fiscal year. Owners are not entitled to consent to the exemption if their unit is in arrears 30 days or more but can consent once they are no longer in arrears.

Information certificates can be made available on a website as long as the owners have received the necessary notice of online posting and the requirements for electronic communication/mail under the Act and regulations are met. Owners will be entitled to request a paper copy of the certificate.

These information certificates do not replace a status certificate, although some of the information they contain is similar to what is found on a status certificate. In addition, unlike status certificates, the condo corporation cannot charge for these certificates to be prepared.

As with many of the new changes to the Act and the implementation of the associated regulations, these information certificates will create additional work for property managers and/or boards that are self-managed. There will also be additional operating expenses associated with preparing and delivering the certificates.

However, the goal of the certificates is to foster better communication between boards and owners and to provide transparency and accountability. This is something that the condo industry very much needs.

Most of the information that must be included in the PIC and ICU is information that boards should already be sharing with their owners on an ongoing basis. The legislative requirements are now formalizing the process and making it mandatory. For boards that have been good communicators to date, these new requirements should not be too onerous. 1

Sonja Hodis is a litigation lawyer based in Barrie that practices condominium law in Ontario. She advises condominium boards and owners on their rights and responsibilities under the Condominium Act and other legislation that affects condominiums such as the Human Rights Code. She represents her clients at all levels of court, various tribunals and in mediation/ arbitration proceedings. Sonja can be reached at (705) 737-4403, sonja@hodislaw.com or via her website at www.hodislaw.com and her videos can be viewed at www. condoinmotion.com.

Note: This article is provided as an information service and is a summary of current legal issues. The article is not meant as legal opinions and readers are cautioned to not act on the information provided without seeking legal advice with respect to their specific unique circumstances. Sonja Hodis, 2017, All Rights Reserved.

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What to do when the developer next door comes calling With the boom in condominium construction and with land getting

BY JOHN DE VELLIS

increasingly scarce, it’s likely that most condominium buildings, particularly in urban areas, will face a situation where a

neighbouring developer requires access to their land for construction or a major renovation.

26 CONDOBUSINESS | Part of the REMI Network

LEGAL

The type of access varies. The condominium may be asked for permission to allow a crane to swing over its property, scaffolding to be erected on its property, for its property to be used to shore up part of the excavation on the neighbouring property, or for construction materials to be stored on its property. But these are just a few examples. The possibilities are endless, and the disruption to the condominium’s residents can vary from minor to quite significant.

But just because the developer requires access to the condominium’s property does not necessarily means it has a right to it.

In some jurisdictions, the law allows neighbouring property owners to access adjoining properties for repairs or renovations as long as certain conditions are met. In New York State, for example, the law allows a property owner to apply for licence to effect repairs if the adjoining owner refuses to consent. In a case that gained some notoriety in New York City, the New York Public library went to court to get a licence after the board of a condominium adjacent to the library’s midtown branch refused to grant access to scaffolding and other construction equipment required for a $200-million renovation to the branch. The condo board has apparently asked for a licence fee of $450,000 or $15,000 per month during the planned 30-month renovation.

There is no such law in Ontario. When developers require access, they have to rely on either an easement in their favour, municipal right of access bylaws or an agreement with the condominium corporation.

The first question in these circumstances is whether there are any easements registered on title that require the condominium to provide access for the purposes of construction. In phased developments developers normally ensure that the early phases have easements on title requiring the condominium corporation to provide access for construction of subsequent phases. Where there is an easement the condominium may be required to grant access to the developer, but it’s a good idea to check with the condominium’s lawyer to see what, if any, conditions may be placed on the right of access.

Absent an easement, the legal right of access is limited. In some municipalities, such as the City of Toronto, a property owner can obtain a permit from the city in order to gain access to a neighbour’s property if such access is necessary in order to make repairs or alterations to any building. New construction or the total replacement of an existing building, however, is not included in the right of access bylaw.

Often the developer and the condominium will enter into an agreement granting the developer a right of access over the condominium’s property in return for certain concessions by the developer. The right of access often involves some sort of financial compensation. There is no set formula to determine the quantum, but the amount of compensation generally ranges depending on the degree of disruption to the condominium property, the amount of time for the required access, and even the nature of the development being built.

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LEGAL

It’s not unusual to see licensing fees paid to condo corporations of $20,000 or $30,000 or more. Often the access fees is negotiated as a monthly fee and payable as long as the encroachment exists on the condominium’s property.

But financial compensation is just the start. The access agreement is a good opportunity for the condominium to negotiate other concessions that may reduce the disruption or inconvenience

th at resi d ent s m ay fa c e fro m the construction.

For example, an access agreement can specif y when construction can take place, and limit the times the developer can access the condominium’s proper t y. T he developer may also be asked to agree to conditions to minimize debris or dirt and even to pay for window cleaning during or at the conclusion of construction. In one case,

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a developer agreed to erec t a b ar rier to protect an art installation from dust and debris and agreed to have the art installation cleaned once construction was completed. In others, developers have agreed to erect similar barriers to protect for patios or terraces from construction debris.

Other concessions may be less tangible but nonetheless provide v a l u e t o r e s i d e n t s . F o r ex a m p l e , a developer may agree to implement a communications plan to keep residents informed of construction activit y, and may be asked to curtail activity during certain religious holidays.

The developer should also agree to indemnify the condominium corporation fo r any p ro p er t y d am a g e o r li a b ilit y for personal injur y caused by the neighbouring building’s contractors.

C ond o c or p orations w ill also want to ensure that the developer obtains insurance for the project and names the condominium corporation and its owners as additional insureds. The purpose is to allow the condominium corporation to make a claim directly with the insurer if something goes wrong.

The condo c or p oration should also h ave i t s o w n e n g i n e e r s rev i ew t h e construction plans. Often the developer will agree to c omp ens ate the c ondo corporation for these professional costs, as well as any legal fees incurred in negotiating the agreement with the developer.

S o if a condo cor p oration is faced with construction next door, it should just remember the timeless advice from negotiating guru Chester Karrass: “You don’t get what you deser ve, you get what you negotiate.” 1 J o h n D e Ve l l i s i s a p a r tn e r a n d a member of the condominium law group at S hi bley Rig hton LLP. H e acts for condo corporations throughout south and southwestern Ontario on all aspects of condominium law including compliance and governance issues, general litigation, employment and human rights disputes, construction deficiency issues, shared fa c i l iti e s d i s p u te s , a n d c o m m e rc i a l matters such as contract review and drafting, and advice on loan agreements and re-financing.

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How to get a condo manager’s licence Mandatory licensing for condo managers has nearly arrived

BY ROD ESCAYOLA

in Ontario. As of Nov. 1, 2017, the newly established Condominium Management Regulatory Authority of Ontario (CMRAO) will begin licensing condo managers.

T h e g o o d n e w s i s t h a t ex i s t i n g managers will not turn into pumpkins on that day. Eligible existing managers will automatically receive a Deemed Transitional Licence. This licence will only be valid for 90 days or until the CMRAO has decided on the manager’s licence application.

During this 90 days, managers will have to apply for a “real” licence. This

30 CONDOBUSINESS | Part of the REMI Network

means that their applications must be r e c e i v e d o n o r b e f o r e J a n . 2 9, 2018. Unless managers have applied for a licence by then, it will be illegal for them to continue to provide condo management services going forward.

When managers apply, they will have to choose between one of the following three licences.

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The General Licence The General Licence is for m a n a g e r s w h o h ave t wo o r m o re years of condo management experience and have completed the educational requirements. M anagers need to have provided condo management services in the 9 0 days preceding Nov. 1 to be eligible to apply for a General License.

For a manager’s experience to be recognized as valid, it needs to include: • Planning/participating in board meetings and AGMs; • Preparing budgets; • Interpreting financial statements; • Presenting to boards; and • Overseeing the maintenance and repairs of units, common elements, assets.

To satisfy the educational requirements, managers need to have met one of the following three options: Option 1: The manager must have successfully completed the four

courses developed by the Association of Condominium Managers of Ontario (ACMO) as a pathway to its Registered Condominium Manager (RCM) designation: • Condominium Law • Physical Building Management • Financial Planning for Condominium Managers • Condominium A d ministration and Human Relations.

O ption 2: The manager must have successfully completed ACMO’s RCM exams.

Option 3: The manager must have five or more years of condo management experience and must have successfully completed ACMO’s four challenge exams.

Managers can take these courses through Mohawk College, Humber College or George Brown College. Managers can also take these courses with any condo management provider (i.e. a management

firm) they are employed by and that is authorized by ACM O to of fer such courses.

Note: In place of the four courses listed above, the registrar may recognize as equivalencies prior work experience; prior successful completion of exams or tests; and prior completion of courses, internships, programs of study, seminars and training programs.

The General Licence will have to be renewed on a yearly basis and is expected to cost $607 per year.

The Transitional General Licence The Transitional General Licence is for managers who have two years or more of condo management experience but have not yet completed the educational re q u i re m e nt s . U n d e r t h i s l i c e n c e, managers will be allowed to do the same work as under a General Licence but only for a period of up to three years.

Managers who are granted a Transitional General License will have up to three years to complete the

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The Transitional General License will have to be renewed on a yearly basis and is expected to cost $607 per year.

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The Limited Licence The Limited Licence is for managers who have less than two years of condo management experience in the last five years. As soon as managers with a Limited License have two or more years of condo management experience and fulfilled the education requirements, they will be able to apply for a General Licence.

Managers with a Limited Licence will need to work under the supervision of a manager with a General License or with a Transitional General Licence. There will also be limitations to what a Limited Manager can do.

The Limited License will have to be renewed on a yearly basis and is expected to cost $379 per year.

How to apply All applications will be done online through the CMR AO website (http:// www.cmrao.ca/). Managers will have to create an account, select the licence they wish to apply for, complete the application forms and pay the application fee. Expect each application to cost $150.

CMRAO staff will review applications to e n s u re t h a t m a n a g e r s m e et a l l requirements of the licence they are applying for. If the manager meets these requirements, he or she will be advised to log back in and pay the annual licence fee. Upon receipt of the required payment, the manager will receive his or her licence by email.

It is recommended that managers regularly visit the CMRAO’s website, as it will be the best and most reliable source of information relating to its role as the authority overseeing condo managers and management firms. 1 Rod Escayola is a partner at Gowling W LG f o c u s i n g h i s p r a c t i c e o n condominium law. The preceding article is adapted and reprinted with permission from CondoAdviser.ca.

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Bringing military-like efficiency to condo operations

BY NICOLAS DEL VALLE

Although condominium corporations do not have the

same resources of a military base, there are many platforms they

can deploy to make their operations more efficient, like an army facility.

34 CONDOBUSINESS | Part of the REMI Network

MANAGEMENT

Condos must follow certain protocols to maximize operational efficiency. Putting in place protocols for energy management, logistics, custodial services, safety and mechanical systems keeps residents safe and satisfied.

Bookkeeping and invoicing are the easy parts of management. The hard part is overseeing building assets in a way that is beneficial to all community members, not just four or five residents.

Running a preference - based political system inste a d of an intellig en c e based operational program comes with risks such as high operational costs and turnover and low community morale and efficiency. It makes no sense to leave a $400 million-dollar building asset in the hands of someone without technology or operational skills, as too often occurs in Toronto. In the GTA , buildings are often taken care of by janitorial staff who understand very little about operations or building assets.

That’s why some condo communities have adopted remote - monitoring

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systems with IoT (Internet of things) technologies. IoT allows management to monitor building assets from head office without having to rely on anything but the technology itself. IoT gives accurate minute-to-minute asset performance data which management uses to maintain and repair those assets.

W ith intelligent systems in place, management can pinpoint and attack problems as they arise. Here’s how condo corporations can improve their operations in four steps by taking a military-like approach to condo management: 1. Plan and analyze Board members must ensure they have the right management service provider because it takes time, energy, resources and commitment to completely transform building operations. The timeframe will depend on the facility size, financial restraints and commitment, but results can be shown in as little as one month. Planning and cooperation are the most important ingredients of this process. Mapping, listing

and coding all building assets is vital as this is how the platform will understand how the building is structured and how it will communicate with operators, technicians and head office.

2. Source and deploy It ’s critic al to select the right set of to o l s . T h e p l a t fo r m s h o u l d b e c omprehensi ve or have the abilit y to connect all applic ations on one dashboard. Computerized maintenance management (CMMS), front- end management (FEM) and IoT applications must constantly communicate to create synergy in operations. Once those tools are deployed, everything must be tested and retested. Management must have a testing platform to perform testing without affecting residents or general operations. Open-source testing platforms can be used to simulate scenarios and deploy these platforms before training residents and owners. The system must be easy to use and comprehensive in nature; one platform should be sufficient.

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MANAGEMENT MANAGEMENT

3. Include community members Once the system is up and running, management should be able to produce professional reports that ease the decision - making process when approaching problems. For instance, the front-end management system can track all complaints and group them in an orderly way, such as in categories including garbage, pets, repairs and operational deficiencies. Computerized maintenance management systems keep track of repairs done on each asset, which allows condos to develop a communication and maintenance system that is data driven, not presumptuous.

Those reports should be shared with all community members to emphasize a participatory system where everyone has a voice in the decisions being taken regarding their shared asset — the building. Providing a digital way to do this will make it easier for all those who have busy lives and may not have the time to attend meetings. Reports must be brief and easy to read so that everyone can

Condo communities must

eschew politically driven systems in favour of intelligent processes. get a clear understanding of all issues affecting the community.

4. Ask for feedback Ask for feedback to ensure that the system works. There will always be minor glitches that will need to be addressed.

For example, perhaps residents did not understand the training process and need a better understanding of how things work or work orders placed may not show on the resident side of the system. This back and forth, although sometimes frustrating, forms a sense of community that goes beyond placing requests and work orders.

Residents must partake in the operational process they support with their fees.

Paperless, web-based systems are ideal channels for that feedback.

Condo communities must eschew politically driven systems in favour of intelligent processes in order to promote more efficient operations, similar to military bases. The happiness and wellbeing of a community’s residents depend largely on how its assets and resources are managed. 1 Nicolas Del Valle is Chief Efficiency Officer at Conkrite Capital Corporation

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Three building symptoms that should not be ignored Pain, unpleasant BY GERARD GRANSAULL as it is, is essential.

It’s nature’s way of indicating a problem. Buildings experience

pain too, and have ways of expressing it

— unusual

noises, discolouration, mould, and cracks are a few symptoms of a problem with a motor, a roof, or a structure, for example.

Prudent condominium managers and owners should always be on the lookout for symptoms of a larger problem. The sooner the cause of the stress is diagnosed and corrected, the better.

While it’s tempting to disregard the signs in the short term, avoiding correcting the cause of the problem will almost always make it worse, and more expensive to fix, in the long run. Here are three warning signs of a building problem that warrant attention, and may merit investigation by an engineer.

Efflorescence Water is arguably a building’s biggest enemy.

Often the first sign of excessive water within masonry or concrete is efflorescence – the white, powdery crystallization of minerals from within wet masonry deposited on the surface as it dries out.

Exposed concrete and brick is expected to get wet, of course, but efflorescence is generally a sign that the masonry is being oversoaked. The wetting can occur generally due to exposure to wind and rain, or in concentrated areas.

Left uncorrected, masonry that gets repeatedly soaked may suffer significant spalling (surface cracking) during winter freezing cycles. Significant dramatic damage to walls, balconies and garages can occur in a relatively short time.

Correcting the problem begins with identifying and addressing the source of the water. Managers are advised to be on the lookout for: • Poor rain shedding or runoff control, such as missing or poorly sloped window sills, an absence of drip edges or missing flashings; • Leaks from roofs, eaves troughs or air conditioners; • Water ponding at the base of walls or being sprayed up by irrigation nozzles; • Wind-driven rains soaking east-facing walls, especially at corners and higher up the elevation; • Exfiltration of moist air from the building interior, especially common from highhumidity areas such as pools. This is an especially bad symptom, as it is usually accompanied by water damage and mould within the wall cavity.

38 CONDOBUSINESS | Part of the REMI Network

MAINTENANCE If the water source is removed or controlled promptly, the masonry or wall cracks are more common and generally less problematic); concrete may not require extensive repairs. Residual efflorescence can • Cracks that show movement in more than one plane, which means often be scrubbed off if unsightly. two “directions” of movement; for example, a crack which is not flush one side to the other when a hand is run across it.

Cracking or deflection By all appearances, structures seem to be rigid and static. In truth, buildings Assuming there is no immediate risk to the structure, the rate of move all the time — from night to day, from season to season. settlement should first be assessed. This could be as simple as These movements are generally cyclical in nature — as levels of accurately measuring the crack width in the same places once a heat and moisture cycle from day to night and summer to winter, month and tracking the rate of widening, if any. Engineers often buildings swell and contract in rhythm. If the movement is large apply crack gauges to allow faster and more accurate monitoring. enough, cracks may appear in interior walls, floors and ceiling In the best case, monitoring reveals the movement has stopped, finishes, or exterior masonry. or is at least in remission.

Cyclical movement is generally benign — while materials may crack, Internal structural frame stress or weakness may show the range of movement is limited so cracks don’t grow larger over time. up in floors being springy, sloping floors, or large or chronic These cracks may open and close seasonally. cracks on interior load-bearing walls. In an old building, some Cracks or deflections which worsen over time are a concern. These sag to the interior is expected (people pay extra for that; it’s indicate that the movement is active, which suggests that there is an called “character”). Floors which slope toward an exterior underlying structural concern. wall are a red flag.

Cracks on exterior walls, above or below grade, could be caused by Parking garages are a unique (and costly) building maintenance foundation settlement or subsidence. There are, of course, cracks which challenge. In addition to the usual host of deteriorating mechanisms are not structural, so look for additional symptoms, such as: related to salty water and bad drivers, managers should be aware of • Cracks radiating off the corners of doors or windows (openings in structural warning signs, which may include: walls act as stress concentrators); • Concrete deterioration significant enough to expose rusty rebar; • Cracks running from the top to the bottom of a wall, especially when • Loose and damaged concrete at the base of columns; they widen higher up; • Cracks related to water leakage at beams or between columns; • Cracks in walls above grade coinciding with foundation cracks below • Bowing inward of foundation walls, especially common with older ground; concrete block walls, and made worse if they are getting wet due to • Cracks in wall finishes on the inside face of an exterior wall (interior missing or failed waterproofing.

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MAINTENANCE

In these cases, monitoring is not the first course of action — call an engineer.

Unexpected increase in utility costs What do utility costs and an escalator have in common? They are always going up. At least they are consistent! Regular and expected increases in water, electricity and gas charges are a challenge, but it’s possible to plan for them. Large or unexpected spikes in utility bills are not, and may be symptomatic of a larger problem. Here are some warning signs.

Water In one case, a failed solenoid valve on a cooling tower was causing water to overfill, wasting a huge volume of clean water down the roof drains. It wasn’t discovered until a routine check of the roof was made. No one knows how long the valve was broken, as the tower water was not metered. The true cost of that $ 5 0 valve was thousands of dollars for that corporation.

Water wastage can be sneaky — sources of “invisible” leaks may include: • A broken underground irrigation pipe;

• Many toilets run, sending cold water down the drain; putting food coloring in the tank is a simple check; • As shown above, excessive usage on cooling tower re-fills are easy to miss, so these pipes should always be metered.

Electricity In another case, a damaged heat-tracing cable in a terrace patio fitted with electric snow melting was trickling current into the ground. The electricity use steadily increased as the cable became more damaged, until it finally failed, and consumption backed down. The increase in consumption was apparent on the bills, but not recognized until the patio heat stopped working.

Needless to say, the leaking electricity was potentially very dangerous.

As electricity is involved in virtually all building processes, there can be many and varied sources of problems causing sudden (or gradual) increases in consumption or dangerous conditions: • Dam ag e d ic e melting c ab les or malfunctioning ramp snow sensors; • Large motors driving fans, pumps or

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elevators, for example, will work harder and so use more energy if the equipment they drive is dirty, seizing up or otherwise malfunctioning; • L i g h t s w h i c h d i m o r b r i g h t e n unexpectedly, especially when a large machine turns on, may indicate a loose service wire or ground fault, both of which are potentially dangerous; • Overheating lights, wires or breakers may first be noticed by the smell of burning plastic.

Natural Gas In yet another case, the gas supply to an abandoned rooftop HVAC unit became corroded, and started a slow leak of gas. The leak increased as the rust worsened, until noticed by a service contractor.

Since gas is odourized (a rotten egg smell is added to the gas flow) most times leaks are apparent and treated seriously and promptly.

Gas usage can accelerate if equipment is malfunctioning, however: • An unnoticed leak in a heated pool shell or pipe will be replenished by cold water, causing the pool heater to work harder to keep up; • A boiler or furnace room uses a lot of air, so if air vents or chimneys are blocked, dangerous backdrafting can occur; symptoms of backdrafting include excessive heat and humidity in the room, or corrosion on cabinets; • Combustion equipment which breaks down frequently might be indicating problems with gas supply pressure or flow.

Of course, this discussion assumes a condo corporation is already metering and submetering smartly. In many cases, the first step is to add more meters. Is the building bulk metered? If so, finding outliers and pushing efficiency upgrades is much harder.

Start by getting users and secondary usages metered.

Diligent building maintenance is important to ensuring safe and efficient operation of all building systems. Coupled with regular and thorough tours of a building by an observant manager or owner, large problems, which sometimes manifest themselves in the smallest of clues, can be avoided. 1 Gerard Gransaull, P.Eng., is Director – Property Condition Assessment Practice, Canada, WSP.

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MAINTENANCE

How to pet-proof condominium landscaping As condominium development intensifies in urban areas across the GTA, so does the need to maintain adequate

BY KENT W. FORD

open space around them. While municipalities such as the City of Toronto push condo developers to plan for environmentally friendly design features, such as permeable paving and green roofs, they seem to be neglecting what’s required to make their properties pet-friendly.

42 CONDOBUSINESS | Part of the REMI Network

MAINTENANCE

Most pet owners recognize that exercise and relieving their dog or cat is a necessary daily activity for the mental and physical health of both owner and pet. While many cat owners accept the drudgery and sometimes bad odour of maintaining an interior litter box for the feline friends, most dog owners realize that outdoor green space is necessary for their canine companions to relieve themselves.

Condo developers appear not to be rushing to prioritize pet-friendly open space in their development plans, so what does this mean for urban pet owners?

Namely either a small or complete lack of green space for their pets to romp and relieve themselves and a subsequent pressure put on nearby parks, parkettes, street tree openings and, if not fenced off, neighbouring condominium properties.

Consider the case of a development in Mississauga that was surrounded by corn fields at the time of first owner occupancy.

Nearly 20 years later it was literally enclosed on all sides by new condos, none of which

had open space of their own to speak of.

The result? Condo dwellers from the new buildings used the rear open space of the oldest building for relieving their dogs. This is the first culprit of damage to landscapes caused by pets.

Understand the culprits of landscaping damage There is a widely held myth that female dog urine is itself more damaging to lawns than male dog urine. The reality is that female dogs squat when they pee while male dogs tend to wander and pee in multiple locations. The female squat concentrates the urine, causing more damage, mainly due to nitrogen.

While most condos have a universal leash rule for all pets on common elements, there can be condo owners who ignore this rule and, much like many single-family home owners, allow their cats to wander the neighbourhood. In the case of this article author’s own condo, a neighbouring resident felt that her cats should be allowed to wander the property

and eventually had the board change the existing rules to grant an exception after other owners complained of the headaches the cats caused. If cats don’t use an indoor litter box, then they will make the exterior landscape beds their new litter box. And suffice it to say the smell of cat pee outside a ground-floor unit in August is unpleasant.

Retractable leashes are another enemy to condo landscapes as owners use them to allow their on-leash pets to extend out from their grip up to 20 feet. This creates an off-leash/on-leash scenario. Dogs are allowed to romp and dart in and out of planting beds, trampling annuals and other tender perennials and small shrubs. It also gives other non-pet owners the sense that pets are out of control on the property.

Let’s assume that damage created by these three forces has already occurred on a condo property. What to do?

Protect landscaping with barrier plants The easiest, most economical strategy for

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MAINTENANCE

an existing condo property is to protect planting beds and the lawn with thorny barrier plants. Fiveleaf Aralia and Rose Glow Barberry are great options for this.

Fiveleaf Aralia ( Acanthopanax sieboldianus) is a shrub which tolerates poor soil, air pollution and de-icing salts.

It’s also attractive with its glossy green leafs and takes well to shearing into a hedge of any height. The hidden secret is its branches are covered with almost invisible tiny thorns.

Rose Glow Barberr y (Berberis thunbergii ‘Rose Glow’) grows to threefeet high, and also tolerates the same conditions as the Five Leaf Aralia. Deep rose-red foliage starts mottled white and green, and changes to a rich burgundy.

Once a dog of any size tries to penetrate a low 18-inch-high hedge created with these shrubs it will never try again.

Designate space for pets to do their business If there is room on a property, designating a

ground-level on or off-leash area can prove effective in terms of allowing pets to do their business.

It can also prove economical because it simply involves installing pea (no pun intended!) gravel with metal-edge border area, which is ideal both for absorbing odours and for ease of pick up. Pea gravel with a metal edge can run as little as $7 per square foot, so it is only a few dollars more per square foot than the cost of sodding and re-sodding an area that will constantly be burned by the nitrogen in pet urine.

A poop - bag dispenser is also recommended so there are no excuses for owners to leave behind unwanted ‘doo.’

Fencing the area with a self-closing gate can also help contain activity from other landscaped areas and to keep pets safe.

If ground level space is not available, condos may want to consider designating a poop-pee area on the rooftop. Condos are increasingly expressing dissatisfaction with their common element roof

g ardens, w hich municip alities now require developers to include in their plans. The problem appears to be that the sedum mats and other plant materials misunderstood to be maintenance-free in fact are not and often become ratty looking within five years. As long as a condo maintains an on-leash rule and safe fence height, then converting one of these aging roof gardens into a pet-friendly zone may be an option.

Crucial to any of these options is the cooperation of management and owners to ensure everyone abides by the rules.

With strategic landscaping and designated space for pets, humans and their furry friends can co - exist harmoniously in condo communities with beautiful flower beds and manicured lawns. 1 Kent Ford, BLA, CLD, is principal and founder of KFDG Inc., a Toronto-based design and project management firm specializing in condominium landscape design.

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NEW AND NOTABLE

Suite accessibility One developer has unveiled plans to offer designs geared toward people who use mobility devices The Daniels Corporation has unveiled plans to offer suites tailor-made for people who use mobility devices through its new Accessibility Designed Program. Surpassing the mandated minimums contained in the Ontario Building Code, the program is slated to roll out this fall at DuEast Condominiums in Regent Park and Wesley Tower at Daniels City Centre in Mississauga.

Purchasers of suites offered through the program will not have to pay a premium for features including large roll-in showers with mosaic tile flooring or roll-out/low-threshold balconies with swing doors, which will come standard.

“Until now, there has been a significant lack of new residences designed for people with mobility needs,” said Jake Cohen, vice president of project implementation at Daniels. “Daniels is committed to creating vibrant and inclusive communities that offer homes to the broad spectrum of the market, including people who find mobility difficult in traditional layouts.”

Lots of the ADP suites, available in one-, two- and three-bedroom layouts, will be located on the ground floor. Purchasers will have the option of customizing their space by upgrading to lowered counter heights in the kitchen, for example.

46 CONDOBUSINESS | Part of the REMI Network

“These buyers should be able to choose from designs that are both functional and contemporary, with the most up-todate finishes,” said Cohen. “Rather than retrofitting existing layouts, we have raised the bar and set a new industry standard by designing for inclusion at the outset.”

The program extends to common areas of the condo communities, in the form of lowered concierge desks and waste chutes with automatic door openers, as examples.

Developed in collaboration with Accessibility Advantage, Quadrangle Architects and StopGap Foundation’s Luke Anderson, Daniels’ ADP applies the principles of independence, dignity, integration and equality of opportunity, which formed the basis for the Accessibility for Ontarians with Disabilities Act. “It’s not us that have disabilities, but it’s the places that we live, work and play in that are disabling,” said Anderson. “Daniels’ ADP initiative is a milestone in working toward a totally inclusive society.”

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