Issuu

Canada’s Most Widely Read Condominium Magazine

September 2015 • Vol. 30 #6

FRAMED Inside the race to construct Ontario’s first six-storey woodstructure building

Hardscape design, pet evictions and KITEC piping PA R T O F T H E

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Contents FOCUS ON: DESIGN

Roll out the welcome mat By Kent Ford

Six storeys By Michelle Ervin

IN EVERY ISSUE

8 38

DEPARTMENTS

Governance Five things I learned as a condo director By Marc Bhalla

Legal When it’s okay to play pet detective By Sonja Hodis

Should you pipe up about KITEC plumbing? By Patrick Greco

Management How to take the headaches out of visitor parking By Brian Bosscher

Feeling the heat By Glen Doe

Maintenance A walk through what’s new in entrance matting By Randall Linton

Ask the expert Smart Ideas

ON THE COVER: Sail is an awarding-winning multiresidential development based in Vancouver. It’s the type of exemplary project that Ontario developers are looking to in B.C. since our province followed its lead in allowing wood construction up to six storeys. Photo credit: Adera Development Corporation, Sail.

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EDITOR'S LETTER /condomediaedge /condobusiness

Associate Publisher Mitchell Saltzman

/condomediaedge

Editor Michelle Ervin Advertising Sales Sean Foley, Stephanie Philbin Senior Designer Annette Carlucci

Six storeys

Designer Jennifer Carter Production Manager Rachel Selbie

After intense lobbying by the wood and

development industries, the Ontario government last fall announced that it would lift the height limit on wood construction from four storeys to six. The building code changes to facilitate this rolled out at the beginning of the year. Despite developer demand for the new construction option, the response has been one of two stories. Some are racing to be the first to erect the six-storey wood building in a municipality; others are hanging back and waiting to see how the first crop of this housing product fares. Six-storey wood construction isn’t as simple as adding two storeys to a drawing for a four-storey building, as Steven Street, technical director for Ontario Wood WORKS!, explains in this month’s cover story. It took B.C.’s development industry about 12 to 18 months to start producing the new housing product after its building code was likewise revised in 2009. Though Ontario can learn from B.C.’s experience to some extent, our building code changes are ultimately unique — for example, including extra stringent fire safety measures. Right now, developers are assembling teams that are getting up to speed on how to address noise transmission and wood shrinkage in their designs. Also in this design-focused issue, interior designers weigh in on how condos can stay on-trend in between major common elements refurbishments and landscape architect Kent Ford highlights the importance of carrying interior design intentions all the way to the curb with tips for hardscape design. Plus, Sonja Hodis tackles the reluctance of condo boards and property managers to investigate when residents claim “medical reasons” to keep a pet that breaks their building’s rules. If all goes to plan, six-storey wood construction will unlock the potential of sites located on major avenues in cities such as Toronto that were previously cost-prohibitive to build out. The use of wood is expected to cut costs and save time compared to concrete and steel, allowing developers to deliver affordable and family-friendly units — in precisely the locations municipalities want to intensify.

Contributing Writers Marc Bhalla, Brian Bosscher, Glen Doe, Kent Ford, Patrick Greco, Sonja Hodis, Randall Linton 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 Maria Siassina circulation@mediaedge.ca (416) 512-8186 ext. 234 CONDOBUSINESS is published eight times a year by

President Kevin Brown Accounting Manager Samhar Razzak Group Publisher Melissa Valentini 5255 Yonge Street, Suite 1000, Toronto, Ontario 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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THIS MONTH’S ONLINE EXCLUSIVES ALL THE BUZZ

Iconic condos prime targets for rooftop photogs The phenomenon known as urban exploration has reemerged in the form of roof-topping, the perilous act of snapping panoramas from a building’s apex — in some cases, accessed illegally. Highprofile condos appear to be especially vulnerable, but existing buildings with lax security can become targets, too.

With home resales up 5.7 per cent yearover-year in August, the GTA remains on track for a record year, reported the Toronto Real Estate Board.

FROM THE GREEN BIN

Baby boomers driving luxury condo sales: report Downsizing baby boomers are driving yearover-year gains in luxury condo sales in Toronto and Vancouver, according to the 2015 RE/MAX Spotlight on Luxury Report, which looked at sales activity from the beginning of the year through to the end of July.

New and emerging trends in seniors housing Not only will the number of Canadians over the age of 55 continue to rise over the next several decades, representing an increasingly important segment of the population for developers and property managers, but this group possesses characteristics that are more diverse than any previous generation of seniors.

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Competing with the new condos on the block With record numbers of condos reaching completion in Toronto this year, existing condo corporations

face more competition than ever. Regularly scheduled interior renewal projects, budgeted for in the reserve fund, keep up a building’s curb appeal over time. But whatever design decisions the board makes at those intervals, owners have to live with them for at least a few years. We ask: What is one way condo corporations can maintain on-trend interiors in between major renewals of the common elements? Stick to the classics There has been a shift to giving more design importance to key common areas as far as the aesthetics, function and ‘the experience’ go. Lobbies are taking on a hotel vibe, colour palettes are softer neutrals complemented with bold artwork, and new costeffective porcelains mimic rich stones to add elegance. Suite entrances should be the most important design feature in the suite corridors. And most importantly, the new design — whether transitional or contemporary — should be classic and ageless rather than trendy or wild. Las Vegas hotel corridors should remain in Las Vegas, as the new design aesthetic needs to look fresh for the next 10 to 15 years. (Remember avocado fridges?) Stanley Kedzierski, principal of Urban Parallel

Art and accessories A well-maintained building is always on-trend! (Preferably it is designed with materials such as stone, metals, glass and wood for a timeless approach.) To add ‘new and trendy’ elements for current flavour, invest in a few key art and accessory pieces. Focus on points of entry – the grand lobbies and the parking garage lobbies. Look for art that picks up the colour scheme of the existing décor as well as the current colour trends. (The colour for 2015 is Wine Red; expect to see more Coral with Salmon undertones in 2016.) A few colour-coordinated accessories, such as a large-scale sculpture, or a platter and a few coffee table books with a vase or two, will do the trick. Anita Wiklém, creative director and managing partner, Wiklém Design inc.

8 CONDOBUSINESS | www.condobusiness.ca

ASK THE EXPERT Don’t match to dated colours The architecture and style of older buildings are typically true to the period in which they were built, so they conflict with today’s minimalistic interiors. Recommendation: Minimize visual clutter and streamline wherever possible. For example, replace bulky window coverings and overstuffed furnishings with high-quality, classically styled products that will withstand the test of time. Colours pose the greatest challenge in older buildings. In buildings with telltale signs of the 1980s and early 90s, when pinks and teals were on-trend, the condo corporation will need to completely replace these major finishes with a larger renovation to maintain property value. For a mid-stream refresher, avoid matching to these colours at all costs. Stay neutralMJW_halfPage_island_V2_BLEEDS.pdf even if it’s a temporary fix. 1 2015-03-12 12:02 PM Linda Makins, founder and principal of MAKINSACHANGE Creative Environments Inc.

Maintain what you have First, properly maintain existing interior finishes. Nothing dates a building more than fraying carpet and scuffs on painted surfaces. Another major factor that can age interiors is lighting. W ith the government rebates available, updating to LED technology offers a chance to increase lighting levels for a C brighter and fresher look. Also important in contemporar y designs M are connections to the outdoors. Introduce Y flo or vases w ith se asonal p l ant s in key CM areas such as the lobby and vestibule to add MY warmth. Last, reupholster or buy new furniture for the CY common elements if the foam on the cushions CMY starts to sag or the frames get scuffed. Consider K wear of materials and resistance to stains; generally speaking, avoid fabric upholstery in light colours. Kathryn Gaysinsky, principal of De Style Design Inc.

September 2015 9

DESIGN

Roll out the welcome mat

Condominium exterior renovation is a growing industr y

BY KENT FORD

throughout the GTA as many boards of directors are compelled to make sure their aging buildings look fresh and current alongside the f lood of new buildings being constructed. Not only do boards want

their buildings to keep up with the Joneses, they are often forced to undertake updates when faced with failing below-grade membranes and structural slabs. Then, boards and manager must also look at replacing all that exists above these components at ground level.

Many condominium buildings, old and new, feature a glass curtain wall surrounding the main lobby, which creates a strong visual connection between the interior of the lobby and the exterior approach to it. Condominium corporations are focusing more and more on upgrading their lobby’s interior design to improve overall property values. It’s logical that upgrading their exterior entrances and landscape design would follow. Hardscape improvements such as paving, lighting and permanent planters achieve instant and satisfying effects. Here’s how:

10 CONDOBUSINESS | www.condobusiness.ca

Pavers Removable, dry-laid concrete unit pavers, which are practical overtop of underground services, have come a long way since the first days of what has become widely known as ‘interlock’. Compared to the 1970s, there is now an array of size, texture and colour choices available, providing a broad range of design possibilities. Some municipalities now mandate the use of what are known as environmentally friendly or permeable pavers. Such pavers allow for rain water to permeate the

FEATURE DESIGN surface, rather than running off in a sheet fashion and straining the storm water management system. The designer can exercise greater creativity in choosing exterior flooring that ties into the façade of the building and into the interior designer’s flooring and wall tile choices in the lobby. For example, the design for Market Square at 35 Church St. in Toronto took its lead from the directional and bold colour-contrasting flooring tile that was installed in the lobby. This paving pattern was also pulled out into the street and extended to the City curb. This visual rolling out of the welcome mat is feasible but requires proper City permits. In addition to concrete unit pavers, there is also an exciting new use of through colour porcelain pavers. They come in much larger slab sizes than natural stone, with some measuring up to six feet in length. When properly installed, through colour porcelain can withstand winter stresses, including salt, and is available in textures that provide safety and ease of maintenance. At Market Square, the same porcelain tile used to clad the exterior vestibule repeats on the existing brick building columns. Lighting Exterior lighting has evolved to a point where designers take an integrated approach to building-mounted and ‘landscape’ lighting. In the past, these features were typically conceived separately, but with advances in low-voltage halogen and LED technology, there are opportunities for utility savings and increased beauty and security. In the case of Market Square, the building overhang made the entrance to the lobby quite dark. Overhead recessed lighting and column-mounted globe fixtures addressed this problem. The landscape design took it one step further, introducing an acrylic ‘light box,’ illuminated by an internal LED source, that hugs the curve of the lobby’s glass curtain wall. Boards should consider swapping existing incandescent-based fixtures for LED and halogen. In addition to being easy on the hydro bill, most municipalities provide incentives for making the change. Another trend with implications for exterior lighting is the branding of buildings to add to the marketability of their units in the competitive resale market. Using a logo or property name is a great way to do this, and lighting can enhance that branding.

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Market Square features lighting behind elevated lettering, uplighting of building columns, and new illuminated logos. The sides of permanent steel planters are inset with address lettering and a raised acrylic logo, which are illuminated from within by internal low-voltage landscape lighting. Together, the different lighting types achieve a layered effect. Planting Most urban high-rise condominiums are short on exterior floor space. Once the must-haves of parking, vehicle drop-off, service access and main entrance walkways are accounted for, opportunities for at-grade planting are few and far between. Creating extra architecture with permanent planters is a great way to add planting where it can’t otherwise exist. Steel planters are economical and can be painted any colour using a powder-coating process. The walls of a steel planter also have a smaller footprint than their better known cousins made of natural stone, concrete blocks or wood timbers. Plus, powder-coating prevents the maintenance issue posed by marauding male dogs and the salting of sidewalks. Boards faced with tight improvement budgets can phase hardscaping in over time. Provided proper sleeves for lighting and irrigation are installed at the time of setting down pavers, lighting and irrigation can be brought in a later date as funds permit. Consider interim, non-permanent planters for a building’s entry; they can go a long way to pleasing residents in the short term while a larger project is gradually rolled out. Once an exterior renovation is complete, and the full picture of a beautiful and welcoming entrance has been realized, the board and management can expect to see enhanced property values as well as increased use and enjoyment of the condominium. 1 Kent Ford is principal and founder of Kent Ford Design Group Inc., a Torontob a s e d l a n d s c a p e d e s i g n a n d p ro j e ct m an a g ement firm s p e c i alizing in the renovation of condominium properties. He can be reached at kent@kentforddesign. com or by phone 416-368-7175.

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COVER STORY

SIX STORE

COVER STORY

EYS

CABIN is among the first crop of sixstorey wood-frame buildings proposed in Toronto. The Curated Properties project will contain 25 units, stacking two-storey townhouses three high.

BY MICHELLE ERVIN

The race is on to erect the first six- storey wood structure in each of Ontario’s municipalities. Before 2015, the province’s building code limited this type of construction to four storeys in height. Now, developers are moving quickly to unlock its potential to save time and money, and ultimately deliver new, more affordable housing options.

September 2015 15

COVER STORY

Northland Properties was first out of the gate with a building permit from the City of Hamilton for a 209-unit Sandman Hotel featuring an indoor pool and two restaurants. Excavation and foundation work on the project began in the spring. Location, location, location D evel o p er s m ay b e e a g er to t ake advantage of six- storey wood construction, but vir tually ever yone involved in planning, approving and

erecting these structures faces a learning c u r ve. E ve n c o m p a n i e s t h a t h ave experience in B.C., which began allowing six-storey wood construction in 2009, must adapt to Ontario’s unique building code requirements. “ You c an’t simply pick up a B.C . architectural drawing and engineering d r a w i n g a n d b r i n g i t to O n t a r i o ,” as Joe Vaccaro, CEO of the Ontario H o m e b uil d er s A s s o c i ati o n ( O H B A ), puts it.

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At least a dozen of the OHBA’s member c omp anies are review ing technic al plans for building code compliance and looking at their land holdings to determine where to locate these structures, he says. Generally speaking, six- storey wood buildings are geared toward transit corridors. “T he six- storey wood structure is communit y-friendly enough that it won’t disrupt the existing community, b u t t h e re’s e n o u g h i nte n s i f i c a t i o n there that it supports transit ridership,” Vaccaro explains. He points to Waterloo Region, which is building an LRT (light rapid transit) system, and Burlington, which is built out and will have to start building up as it continues to intensify, as areas of interest. New opportunities O ve r i n To ro nto , s i x - s to re y w o o d construction is viewed as a way to drive some of the mid-rise development city planners are actively promoting. The push began with its 2010 Avenues and Mid- Rise Buildings Study, says Lorna Day, director, Scarborough Community Planning. The city aimed to add certainty to the application process with mid-rise building performance standards for everything from height and setbacks to at-grade uses and vehicle access. After five years of monitoring, Day reports that the performance standards have been effective, with 217 applications received and 61 applications either approved or built. But her analysis sheds light on untapped mid-rise opportunities, finding that c orner sites are overrepresented. “So what’s going to be left now are the smaller, mid-block sites,” she says. “Wood-frame is probably more suited to more constrained sites, because you can presumably get in and out in terms of your construction more easily and more quickly.” W ithout the recent building code change, those sites might have remained undeveloped, adds Day, who is hoping to see uptake on the new material option for six-storey structures. “I was doing this consultation when the building code changed and a number of the developers I spoke with were very

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COVER STORY

“It will have a significant shortening of the framing stage, for sure, because you’re basically erecting a giant Lego set.”

enthusiastic and really wanted to be the first one on the block doing wood frame.” Lessons from B.C. and Sweden Although some developers are enthusiastic about six- storey wood construction, Bryan Tuckey, president and CEO of the Building Industry and Land Development Association (BILD), says that the industry is still working through how to use the technology. BILD groups have traveled to B.C., which now has more than 150 five- and six-storey wood buildings, and Växjö, Sweden, a world-leading municipality in wood buildings, to glean general lessons. “What we found in Sweden is, as they built more buildings, the costs began to reduce when they got better at it,” says Tuckey.

Some of the cost savings came from the faster construction times made possible by wood construction. “T hese companies were building homes that they put up a floor a week,” says Tuckey. “The components for the floor would come on a Monday and the floor would be finished by Friday.” Getting to that point took several generations of wood construction. As developers set about building the first generation of this building type up to six storeys in their home province, they’re starting from scratch. But guidelines are coming, with Ontario Wood WORKS! due to launch a Mid-Rise Wood-Frame Construction handbook at a symposium in Vaughan next month. ( The province is also expected to release fire -safety guidelines for the

construction of five- and six-storey wood buildings soon.) Methods and materials Steven Street, technical director at Ontario Wood WORKS!, has already consulted for a number of development teams. He predicts six-storey wood construction will rev up in the next six months to a year. “There is a time drag; the code just doesn’t change and all of a sudden there’s buildings springing up everywhere,” notes Street. “It was 12 months before B.C. really got going.” Development teams essentially have two ways to construct six-storey wood buildings, he says. Traditional “stick” construction involves carpenters working from plans to erect the structure on site; new prefabricated solutions involve bringing factory-built panels

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2015-09-23 12:09 PM

COVER STORY

to the site by truck and using a crane to put them in place. Street cites the advantages of prefabricated solutions as moisture and quality control, as well as speed of on-site assembly. “It will have a significant shortening of the framing stage, for sure, because you’re basically erecting a giant Lego set,” he says. Street expects to see development teams largely use spruce-pine-fir (SPF) for framing with a possible preference for engineered wood products for floor framing materials, wall plate material and for the assembly of tall walls and beams. Others are investigating cross-laminated timber, a solid floor slab made from wood; others still are looking at hybrid solutions that combine wood and concrete hollow core slab. Design freedom Paul Stevens, principal of ZAS Architects, is working with a client who is now weighing different framing systems for a mid-rise project. He’s urging the client to go with wood. Concrete and steel systems lend well to large projects, as they demand repetition to make them cost-effective, Stevens offers by way of comparison. Because wood comes in smaller pieces, it allows for greater design freedom. “We have an ability to customize them a little bit more and add a greater variety of unit types as a result of that on the inside,” he says. “And on the outside, there’s even greater flexibility in what you can do in terms of rooflines, balconies and setbacks, stepbacks and so on and so forth.” Stevens b elieves six- storey wo o d construction will fit well into Ontario cities as a sor t of missing, medium sized piece between townhouses and high- density towers. And he believes that the new housing type will sell — but the industry needs to deliver strong product from the get-go. “It’s important that the quality of that work be of the highest caliber, so that the general public see that not only is it affordable, but there’s something that’s unique in terms the unit types, the look, the location,” he said. “All of these things are very important to do well the first time.”

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COVER STORY

Engineering challenges Doing six-storey wood construction well requires a lot of work upfront. David Moses, principal of Moses Structural Engineers, likes to get everyone around the design table at the beginning, including code consultants, fire engineers and city officials. The strategy for six-storey wood buildings necessarily diverges from that for its three and four-storey cousins, he says, which are built under the prescriptive Part 9 of the Ontario Building Code. That means they have to be completely engineered without rules of thumb. Some of the key challenges are acoustical performance, fire separations and wood shrinkage. “The height of building will go down somewhere around threeeighths of an inch per floor,” Moses explains. “So if you add that up over six floors, it’s well over an inch that the roof is coming down over first few months of the life of the building because the wood is drying out.” One of the areas where the wood shrinkage would be noticeable is at doors opening out to stairwells, he says, which must be made from non-combustible material (concrete) under the Ontario Building Code and so will maintain their height. The shrinkage either needs to be minimized or accommodated. None of the engineering challenges is insurmountable, Moses adds, and once the housing type is finished, it’s largely indistinguishable from concrete construction. A Toronto proposal Moses is working with architect Roland Rom Colthoff, principal at RAW, on a six-storey wood-structure development slated for 45 Dovercourt Rd., an offshoot of Toronto’s trendy West Queen West strip. Curated Properties has dubbed the project CABIN, marketing the collection of 25, two-storey townhouses as Muskoka-inspired living in the city.

20 CONDOBUSINESS | www.condobusiness.ca

Colthoff had just saved the boutique residential developer money by recommending the use of wood for a four-storey collection of townhouses up the road, so the use of wood on this project was an easy sell. Though wood construction doesn’t change the way the architect approaches the design process, it does impose certain restrictions when it comes time to determine how to bring that vision to life. “With concrete, because it’s a monolithic, poured-in-place structure relying on reinforcing rods running in all kinds of directions, you’re actually much more free to create cantilevers, to create asymmetric or eccentric structures,” he says. “With wood, because of the earthquake loading, it’s much more important to have things line up top to bottom to get continuity of the membranes in the building.” Colthoff gave CABIN sculptural form by cantilevering the upper bedrooms floors over the lower living room floors, which does double duty as outdoor terrace space for the units above. A steel skeleton running north-south through the building will ensure the structure’s lateral stability. The proposed project is currently going through rezoning at the City of Toronto, with Curated Properties planning for a fall launch. The goal, says Colthoff, is to secure a building permit in the spring. Construction is projected to take roughly 16 months. Whether CABIN could become Toronto’s first six-storey wood building is unclear at this point. Since the Northland Properties hotel project slated for Hamilton pulled the first building permit, it is likely to be the first of these structures constructed in the province. As developers move along the learning curve at different paces, and some wait in the wings to see how the new housing type fares, the race to build each municipality’s first six-storey wood building remains wide open in many Ontario cities. 1

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GOVERNANCE

Five things I have learned as a condominium director

22 CONDOBUSINESS | www.condobusiness.ca

GOVERNANCE

Becoming a condominium director is, in many ways, like becoming a parent.

BY MARC BHALLA

You can read about it, learn from others who have experienced it and mentally prepare for it but, in truth, there is nothing like actually experiencing an event that forces

you into maturity; making you all of sudden responsible for someone beyond yourself and which thrusts you into being a role model of sorts… whether you are ready to be or not. And just like in parenthood, there are times when condominium directors get frustrated, have to let their personal interests take a backseat and appreciate the limits of their control. I have lived in condominiums most of my life and have worked in the condominium industry for 13 years; however, for three years now I have “walked the talk” by serving on the board of the condo that I live in with my family. It has been a rewarding experience, not only because it has given me a greater appreciation of the dedication of the volunteers who make the operational model of a condominium work but also because it has made me feel closer to my community and all who compose it — even those who like to give me a hard time! In the course of the time I have served as a condominium director, I have applied the knowledge I have gained through director courses and professional experiences; I have made mistakes and I have learned from them. I now have first-hand knowledge of the thankless elements of taking on the volunteer responsibility as well as the satisfaction that comes on the odd occasion you are appreciated. From this, I would encourage anyone who owns or lives in a condominium to consider running for election to their board and provide the following in hope of equipping any aspiring condo director to succeed in the role: 1. You catch more flies with honey… A fundamental truth about any individual condominium director is that she/he is unique and not the same as others serving on the board. Each condominium director

has a different background, belief system, education, perspective, outlook, interests and motivations than their fellow directors. This is a good thing! I cannot help but shake my head w h e n eve r I h e a r a s to r y a b o u t a condominium director storming out of a board room in the middle of a meeting or resorting to personal attacks. Differences of opinion should be expected and can be dealt with in a civil manner… even if others do not realize it. Resorting to childish behaviour rarely accomplishes what you desire or what your community needs. So, instead of name calling, storming off or pouting, carry yourself well and treat others as you would like to be treated, even when navigating through a difference of opinion. 2. Let your manager manage. T he role of the b o ard is to provide i n s t r u c t i o n s; t h e r o l e o f p r o p e r t y m an a g e m e nt is to c ar r y the m o u t . W hile some c ond ominium direc tors feel the need to check in to ensure that the manager is carrying out their instructions appropriately, there is a fine line that can easily cross over into interfering. Making your manager’s job more dif ficult takes away from your community’s resources. If you have concerns, there is a time and a place to address them; however, micro-managing property management often does more harm than good.

3. Your power is limited to board meetings. It would be a trick to suggest to any aspiring director that the time required of them in the role is limited only to monthly board meetings, yet it is important to understand that business can only be conducted at duly constituted board meetings. Practically, there will be times when you will be asked to communic ate your thoughts or help provide direction on issues in between board meetings. However, it is important to understand that these decisions and communications are not official until they are ratified or otherwise authorized (and minuted) at a duly constituted board meeting… even if there is a written e-mail string to evidence the board’s “decision” outside of it. 4. You are a celebrity. In law, a director is only a director when at a board meeting. In reality, a director is always on duty. When the operation of condominiums is likened to a fourth level of government, condominium directors are the elected representatives — the politicians serving the community. While the pay is not nearly as lucrative as the other three levels of government (no pension but you may get the odd slice of pizza and bottle of water), the role is not all that different. C ondominium directors are of ten held to a higher standard, viewed as September 2015 23

GOVERNANCE

role models for the community. I suggest embracing this and leading by example — particularly when it comes to complying with the rules and restrictions in your community. It may not always be comfortable to worry about having eyes on you as you take the dog out for a walk in the morning or when you return home late after an evening out, yet I find that condominium residents do not tend to expect their directors to be perfect, but rather honest, relatable and somewhat approachable.

You are not being asked to sign autographs or pose for selfies, just to show an interest in the community that you serve by appropriately carrying out the position of leadership entrusted to you. 5. You are human. There are some decisions that boards need to make from time to time that clearly will not find favour of everyone in the community. In my experience, the dreaded seasonal

decision of when to turn off the heat and turn on the A/C is a semi-annual Catch-22. One year, my board opted to hold off on turning on the A/C as spring approached as some weather forecasts called for cold weather. Of course, the city actually faced a weekend heat wave. People were uncomfortable and they were mad. What was the board to do? In this case, my board decided to acknowledge the complaints. Our next newsletter opened with an apology to everyone who was uncomfortable without A /C, explained that the directors also suffered through the unseasonably warm weather and assured everyone that the board tries to make the best decisions it can with the information it has available and the entire community in mind. There are times when it is not only appropriate but also quite helpful to be humble. The most dangerous condominium directors are those who don’t know what they don’t know, so I encourage all aspiring condominium directors to educate themselves. There are courses and a wealth of free, online resources available to help them better understand their roles and the appropriate actions for common challenges. While it can feel like you are alone sometimes, rarely does a condominium board face an issue that no one else has ever experienced before. I hope that this understanding, and the five tips above, will equip you for an enjoyable and rewarding experience serving on your board! 1 Marc Bhalla serves as the president of the condominium corporation that he lives in with his family. He views his fellow directors as equal members of a team and the residents of his community as his extended family.

For more condo governance tips, visit

24 CONDOBUSINESS | www.condobusiness.ca

Percel_Condo_March_2015_FINAL.pdf

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Wiklém Design inc.: Transforming The Waldorf Towers SPECIAL SUPPLEMENT TO CONDOBUSINESS

Wiklém Design inc.: TRANSFORMING THE WALDORF TOWERS For over a decade, the facades of The Waldorf Towers have turned heads from their home at Toronto's Bayview and Sheppard block. Thanks to a recent top-tobottom renovation led by Wiklém Design inc., however, it's the towers' interiors that are now commanding attention.

he Waldorf was built as part of the larger New York Towers community – a development designed to give Toronto residents a sense of big city, cosmopolitan living just minutes from Highway 401 and the heart of Bayview Village. Inspired by Big Apple architecture, it features 529 premium condominium suites and a wealth of social, fitness, and multi-purpose amenity spaces within its East and West towers. All combined, The Waldorf was a welcome addition to Toronto residents when it opened its doors at 2 and 8 Rean Drive in 2003. Nearly 10 years later, its owners, residents, and their Board of Directors saw an opportunity to breathe new life into the high-profile homes. “It was time for a refresh,” says Bessie Tocchet, The Waldorf's property manager with Maple Ridge Community Management (MRCM). Recalling the 2012 decision to launch what would become the largest refurbishment in the development's history, she adds, “One thing led to another. At first we just thought we'd fix the carpet and do a little work here and there, but the more we saw what needed to be done, we realized it would be a better investment to do the whole thing.” Indeed, what began as a desire to replace the towers' flooring turned into a project that would see improvements made to virtually every inch of The Waldorf's interiors. And while it would have been easy to ignore or delay some of the project's more ambitious upgrades, MRCM understood the longterm benefits of a full renovation. “These kinds of projects make the buildings look much better, and we always like to make sure the residents are getting value for it,” says Bessie, adding, “It was an investment we knew we needed to make.” SPECIAL SUPPLEMENT TO CONDOBUSINESS

Suite corridors before

With the decision made and the reserve fund earmarked, The Waldorf's Board of Directors began their search for a design team that could spearhead the towers' transformation. They found that team in Wiklém Design, a Torontobased firm led by Anita Wiklém with over 20 years of international interior design experience and a current focus on the Greater Toronto Area. “Anita came highly recommended to us by a contractor we'd worked with before,” recalls Tom Jacobs, President of The Waldorf's Board of Directors. “From the first time we met her, we were all very impressed with her enthusiasm and confidence. She just made us feel more comfortable about the direction she wanted for the towers, so we decided to go with her.” Wiklém wasted no time bringing its vision to the table and working with The Waldorf's key stakeholders to select their top design choices. Once the final plan was voted in by residents, Wiklém worked hand-in-hand with the project's general contractors to kick off a three-phase refurbishment that would bring exciting changes to every floor.

HITTING THE GROUND RUNNING

he first challenge for Anita and her team was simply determining where to start. And after early consultations with the board, the answer was clear. “The biggest thing for everybody was the carpeting,” says Anita. “It was so out of place for that building, the colour tones were off, and it just didn't say 'high end'. That was their first and biggest concern, so we knew that the carpets and suite corridors would be a good starting point. From there, we worked outwards to tie all the areas together while making sure each kept their own sense of identity.”

Tailor-made corner pieces were produced to accommodate the towers’ square-shaped floor plans. 4 Wiklém Design inc.

Suite corridors after

For the corridors, that identity became one of contemporary class with traditional undertones. Richly textured and neutral-coloured carpeting was selected for the new flooring to compliment the existing suite doors and corridor hardware, which Wiklém was instructed to work around. Featuring an overscale and deconstructed acanthus leaf pattern, the carpet was laid in a continuous loop with no visible seams to wrap around the towers' square-shaped floor plan. Wiklém accomplished this by designing corner pieces and L-shaped pieces at points where suite doors were offset from the corridor. “Those are the little details we had to work around to make the flooring feel natural and flowing,” explains Anita. “As a professional design firm, we're experienced with these kinds of challenges. We know what issues to look out for from the start, so we can deal with them before we run into problems in the middle of an installation.” Elsewhere, crews installed new wall coverings throughout and refreshed the paint of the elevator bulkheads to a deep

Front lobby before

Front lobby after

Front lobby before

espresso to match the corridor's new contemporary vibe. As intended, this bold and timeless vision for The Waldorf's suite corridors laid the foundation for the other renovations to follow. These included the towers' front lobbies which, prior to Wiklém's intervention, fell short of taking full advantage of their spacious entrances. “The floors were looking old, the wallpaper was outdated, and there was a mis-match of furniture and decorations collected throughout the years,” says Anita. “There were so many different things going on, and together they just didn't do the grand feel of the lobby justice.” One of Wiklém's first moves was to create a bold focal point for the towers' two-storey grand lobbies. Within each, the existing fireplace was removed and a two-storey feature wall was constructed to house a new electric fireplace. In addition to creating a more intimate walkway to the New York Towers' nearby townhouses, the new wall pulled the space together by incorporating colours and woodwork that paid homage to the space's original carpentry and fixtures.

“When we do refurbishment projects, we have to design backwards to make it look like existing architectural or design choices were always meant to be there,” says Anita, explaining, “So now, when you come in to the front lobby, you just assume that the fireplace has always been there because it just belongs. It was a big thing to do because it totally changed the look of the room.” Further transformation was achieved by replacing the flooring with marble-like porcelain tiles, complimented with natural stone inlays, applying fresh wall coverings, and repainting features throughout to pick up the room's darkly-coloured carpentry. To top it all off, contemporary furniture was placed alongside decorations such as art books, bowls, accent tables, and throw cushions. “We didn't want that entrance space to look like a furniture showroom, so it was really important to focus on all those small details so that residents and their guests would walk into the lobby and go 'wow', because it's all finished to the last detail,” offers Anita. Speaking to Wiklém's eye for detail, she adds, “For all of our projects, we really

like to focus on those finishing touches – that last five per cent – and we make sure there's an allowance for them when we do our budgeting with the board.” For example, early designs for The Waldorf's lobbies included custommade, hand-knotted wool rugs that Anita believed would blend perfectly with the new furniture and overall design. The board was shy to the hefty price tag at first, but eventually agreed after a test run. “Because of its other expenses, the board wanted to be more reasonable with the area rug. But when they saw the quality and look of a cheaper option, they realized it didn't look good enough for the lobby that we were constructing,” recalls Anita. “So I said, 'Let me bring you what I really want to put in there.' It was three times more money, but I knew it would be the perfect thing. I brought it in, asked them to live with it for a week and see what they SPECIAL SUPPLEMENT TO CONDOBUSINESS

think. In the end, they loved it, and now they have really luxurious rugs in their front lobbies that are going to last them forever.” Equal considerations were also made for the towers' elevator lobbies. For these, Wiklém drew its design inspirations from the main entrances by enhancing the space's wood columns and installing stone detailing at elevator entrances. Galaxy granite tiles with flecks of copper were also selected for the flooring, further picking up colours from the main lobbies and the elevator's copper-toned mosaic tiles. The elevator lobbies were also adorned with full length mirrors, decorative tile patterns, and artwork which was both purchased new and acquired from other parts of the buildings. Reflecting on the former, Anita notes, “When we start a project, we go through all the areas that we're working on and we do an inventory of what they have. We take a look at what

“Now, when someone walks in they immediately get a sense of class and pizzazz, and they know this is a building that's well maintained.”

we can re-use, what's too dated, and what's broken, and once we find things we can use – like, in this case, the art pieces – we reposition them in their current rooms or move them to different rooms so they can feel new in those areas.” The Waldorf's underground elevator lobbies also received an upgrade. Leaving the original wall tiling untouched, the team replaced the flooring with the same copper-flecked granite tiles as the elevator lobbies above. Decals were also added to the parking garages' fire hose cabinets (as well as those

Elevator lobbies before

throughout the two towers) and permanent fixtures such as heaters and fuse boxes were painted out to create a sense of cleanliness and uniformity to the sub-level spaces. “Most buildings forget about their underground lobbies, so they often look uninviting. When residents come home at the end of the day, or guests come to visit, and they use a car that usually means they often have to park and come up to the suites through an unfinished and unwelcoming entrance,” says Anita. Reflecting on the upgrades applied to all of The Waldorf's lobbies, she adds, “Now, when someone walks in they immediately get a sense of class and pizzazz, and they know this is a building that's well maintained.” THE FINAL PHASE

enovations to The Waldorf's suite corridors and lobbies represented the first two phases of Wiklém's refurbishment. The third and final phase was conducted after a short break, and turned the spotlight on the high-rises' amenity spaces. “Those first phases were a lot of work and both management and the board were all quite involved, so I'm glad they waited before going ahead with the final phase,” explains Anita. “It gave them an opportunity to take a break and enjoy the new renovations, which encouraged them to continue ahead full force with the final rooms and all the finishing details.” The towers' shared party room was one of the key components of the final phase. Here, Wiklém worked around the room's existing crown moulding and window blinds to refresh the space with fresh paint and wall coverings, new millwork, custom artwork, and vinyl plank flooring. Further functionality was added by using new card and bar tables with chairs

Elevator lobbies after

6 Wiklém Design inc.

Party room dry bar and kitchen after

Party room after

to create sitting areas of various heights and arrangements throughout the room. Repurposed lounge chairs and fireplace from the former lobbies were also installed, alongside other finishing details such as a new area rug, toss pillows, and a new chandelier. Additionally, the room's fully-featured kitchen was completely redone, outfitting the room with up-to-date appliances, an extended dry bar, and a new buffet counter with cubby holes for drinks and food storage. Lastly, Wiklém addressed the board's desire for more storage space at the back of the room by installing an open closet space around the room's HVAC system. “We created a free floating closet between two walls so that the vent could still have air circulating above, and we made a customcut shelf around the vent so that we didn't have to get mechanical involved, build a wall, or destroy the custom crown moulding. It actually worked out really well, since it saved us having to re-work mechanical systems, and it created a very practical space,” explains Anita. Phase three also included significant upgrades to The Waldorf's billiards rooms, wherein fresh carpeting and new wall coverings were used to bring a renewed sense of fun and energy to the underutilized space. Adding to this, Wiklém refreshed the pool tables with blue felt and brought the room together with bar height chairs, custom art, and other creative flourishes. “We wanted these spaces to be a little more bold and a little more fun.” insists Anita. Next to the billiard room in the East Tower, Wiklém refreshed The Waldorf's meeting room with the same selection of tables and chairs used for the towers' party room. Other amenities, such as a re-purposed fireplace, mirrors, and other furniture, were also included to complete the space. Beyond this, residents were also treated to newly renovated movie rooms within both towers. Herein, crews took down the heavy drapery on the walls and, after careful consideration, decided to remove old couches, rather than pay to have them refurbished. “Whenever we have to think about things like buying new furniture or re-upholstering what we have, we do an analysis or a budget prioritization to figure out the most efficient strategy. In this case, getting rid of the couches and buying movie seating was definitely the better way to go,” recalls Anita.

Billiard rooms after

“We wanted the [billiard rooms] to be a little more bold and a little more fun.”

SPECIAL SUPPLEMENT TO CONDOBUSINESS

Meeting room after

Movie rooms after

With the couches gone, movie theatre seats were sourced and installed. The rooms were then finished with new flooring, fresh wall coverings, and framed movie posters to create an authentic theatre experience. Moving ahead, Wiklém also applied its creative touch to The Waldorf's fitness rooms. Rubber flooring was installed in each, and the walls were refreshed with light coverings and charcoal-coloured wallpaper along an accent wall. Crews also re-grouped the room's equipment to create specific zones for various workout activities and classes.

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Fitness rooms before

“Now, it's more organized and people can spread out if they want to do more activities like yoga, weight lifting, and stretching,” says Anita. Last but not least, Wiklém had the younger generation in mind when it made creative use of the West Tower's hobby room, which was to be shared by residents from both high-rises. Eager to bring attention back to the underused space, crews removed an old library to make room for a new toddler play area, and repurposed old boardroom tables to create a communal homework zone. “We wanted kids to come there to study and do homework after school; one where they could bring their iPads and computers and work, or other parents could bring toddlers and babies to play. Adults still have to be present, but now kids of all ages can utilize the room in a number of ways,” says Anita. Wiklém decorated the room in custommade artwork that picked up on the colours throughout, including the funky carpet tile patterns, colourful furniture, and playful toddler decorations. The previous room's full length mirrors were kept to invoke a sense of space, while inexpensive accent tables

Fitness rooms after

Hobby room before

Hobby room after

demanding, but they were so great to work with that you just wanted to go above and beyond at every step,” admits Anita. That trust, however, was built step-by-step through early collaborations between Wiklém Design and all stakeholders. “She was very patient with us,” says Tom. “She presented various options and we discussed them at length. There was even one point where we didn't like anything she showed us, and she was fine with that. In fact, she came back the next meeting with even more samples and new ideas. She was very accommodating and we got along very well.” No doubt, it was important for Wiklém to pin down exactly what the board and its residents had envisioned for their home. That meant coming to meetings with a variety of ideas, putting together demonstrations throughout various parts of the building, and helping the board arrive at their final decisions, which were then displayed in the front lobby and voted on by residents at a town hall meeting. “I always recommend involving residents in some form, because at the end of the day you are investing their money and they will always want a say,” offers Anita. “They have to trust their board to look after their investment by keeping it current, and it's our job to assist the board with that by going through all their options, weighing the pros and cons, and helping them make those final decisions.” “It was a very positive experience. Wiklém listened very closely to our needs and if there was something we didn't like, she was happy to accommodate us,” adds Jean Wilson, with The Waldorf's Board of Directors. Part of that accommodation meant being aware of the board's budget and planning the renovation in multiple phases so that they were easier to fund, and that there was ample time to plan.

and decorations were brought in to add further character to the room without stretching the board's budget. “We painted out the walls, cleaned it up, and now it looks like a fun place to hang out,” says Anita, reflecting, “It's very rare that you can do something like this in a condo so it was fun for us to do.” 1 . 8 0 0 . 4 4 0 . 0 9 1 1

A CREATIVE COLLABORATION

ood things happen when teams are built on trust. And for Anita and her team at Wiklém Design, the trust established between the board and management was critical to bringing the firm's creative vision to life. “It was so refreshing to work with Bessie and the board. They listened to us, they discussed with us, and everyone was on the same wavelength. They trusted us to do our job, and with that trust came a lot of responsibility, so I enjoyed going the extra mile for them. They were

Hobby room’s new toddler area

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SPECIAL SUPPLEMENT TO CONDOBUSINESS

“The first thing we do when we get hired by board of directors is we do a preliminary budget to price everything out and come back to them to say, 'In a perfect world this is what we're looking at.' Most of the time, there's not enough money in the reserve funds for everyone to do what they really want to do, so the challenge – and opportunity – is in massaging those ideas and working back and forth to find the best possible solutions,” says Anita. Even when those solutions are found it's important to see them through. Understanding this, Wiklém was on site throughout the entire process to ensure its vision was in the right hands and, when plans required tweaking, that someone from the team was there to consult with the general contractors on the changes. “The design team was always there when we needed them,” recalls Bessie. “Somebody would be here overseeing the work, and then there was Anita who would come whenever it was time to put up wall covering to make sure that it was the right material before they did it all only to have to tear it down again. It was very organized.” “She was very hands-on, she was here quite often, and we all got along very well,” adds Tom. Naturally, not all plans go off without a hitch. Here again, Jean says strong trust and communication saw all stakeholders through the challenges that came their way. “Anita had no problem dealing with changes. If we wanted anything to be changed, she would show us other choices and we would come back to her with approval or even other suggestions. Then, she and her team would take the plans away, work on them, and come back with what she felt we wanted – and that happened several times throughout the project.” It was this back and forth partnership that also helped the board stay up-to-date on the renovation's progress and keep residents invested in the project. “It was important for us that we were letting everyone know what's coming next and what to expect, whether there was going to be dust, noise, or anything like that,” says Bessie. “At the end of the day, everybody did their job. It was very organized and moved as smoothly as possible for such a large project.” CELEBRATING SUCCESS

t's been almost three years since Anita and her team put their finishing touches on the The Waldorf's interiors. Still, she looks back fondly on her time within the high-rises, and remains in close contact with management and the board to address any concerns or questions that have come up since. “We're very pleased with everything, that's for sure. We always like to keep the building updated and make sure that the residents are getting value for it, and in our case the values have definitely gone up. It's been a great investment,” says Jean. That time has also given the board time to gauge the resident's reactions to the renovation. And that reaction, says Tom, has been positive. “We're all very happy with the final look. In fact, we have two buildings across the road from us with which we share a workout area and a pool and we've voted to bring Anita in on those renovations as well.” Sharing the well-deserved praise with her team, Anita says she's proud of what was accomplished in The Waldorf, noting, “It's a few years later and it still looks amazing. They invested a lot, but they got a lot of mileage out of their money.” Reflecting on the project in whole, she adds, “From what they had to what we were able to give them, it's been a welcoming transformation.”

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LEGAL

When it’s okay to play pet detective The instances of condo residents improperly using “medical

BY SONJA HODIS

reasons” to escape the enforcement of pet restrictions found in condo

declarations or rules is on the rise.

On one hand, many property managers and boards of directors are fearful of investigating and challenging these types of claims, even when they think the claim is illegitimate. On the other hand, they want to fulfill their statutory duties and consistently enforce condo rules to avoid setting unwanted precedents. A recent case (in which the article author acted for the condo corporation) provided much-needed guidance for property managers and boards of directors who find themselves in these situations. It confirmed what a reasonable investigation looks like as well as the basis for denying an illegitimate request for accommodation. In SCC 89 v. Dominelli et al., the condo corporation had a rule which restricted the size of dogs and cats permitted in the

building to those weighing less than 25 pounds. The owner and his fiancé (hereafter also referred to as “residents”) had a dog that weighed more than 25 pounds. When asked to remove the dog, the owner advised that the dog was required for his fiancé’s job, which involved working with children with autism. The board met with the residents to discuss the issue and the residents confirmed that the dog was required as a therapy dog for children with autism. At that point, the owner properly requisitioned a meeting to try to amend the rule, but the motion to amend the rule was defeated. Afterwards, the board advised the owner that the dog had to be removed as it did not service someone who resided at the condo. September 2015 27

LEGAL

The residents then said, for the first time, that the dog was a therapy dog required for the fiancé’s own medical issues. The board asked the residents for medical documentation to support their new claim and requested a second meeting with them to discuss the request for accommodation. The residents refused to meet with the board, but the fiancé provided several letters from a doctor advising that the fiancé had a “medical condition” and required the dog for her own well-being. However, the letters failed to provide any objective medical evidence of a disability recognized under the Human Rights Code, the fiancé’s disability-related needs and how a dog weighing more than 25 pounds was required to address those needs. Nor did the medical reports provide any clear diagnosis, citing only symptoms the fiancé was experiencing. The board denied the request for accommodation and provided the residents with detailed reasons for its decision. On this basis, the board advised the residents that if the dog was not removed by a certain date, it would commence a compliance application. The residents failed to remove the dog, so the condo commenced a court application for compliance. Following this, the fiancé filed a Human Rights Tribunal application, which was stayed pending the outcome of the court action. The court agreed with the board’s decision that there was insufficient evidence to establish that the fiancé had a diagnosed mental disability under the Human Rights Code or to suggest that a dog weighing more than 25 pounds was required to meet a disabilityrelated need. The court granted a compliance order under section 134 of the Condominium Act and ordered the dog removed. The court also held that the condo had not breached any provision of the Human Rights Code. Plus, the court ordered the residents to pay $45,750 in costs. Ultimately, in SCC 89 v. Dominelli et al., Justice Quinlan confirmed the quality and type of medical evidence that residents must produce in cases where they are claiming that they should be exempted from their condo’s pet rules for mental disability reasons. Justice Quinlan also confirmed that unless a resident provides the necessary evidence and cooperates in the accommodation process, the condo corporation has satisfied its duty to accommodate under the Human Rights Code. Boards and property managers must deal with accommodation requests promptly to meet their procedural duties under the Human Rights Code. However, this doesn’t preclude them from questioning the information they are being provided and investigating further — especially if they have concerns. SCC 89 v. Dominelli et al. reassures boards and property managers that they are allowed to request proper medical documentation before they decide whether to allow an exception to the rules. The decision also gives condo boards the confidence that in cases of insufficient evidence of a disability, or a disability-related need for an exception to the rules, they can deny the request for accommodation and proceed with a court application for compliance. Dealing with issues of compliance in the face of requests for accommodation is not easy. Boards and property managers are wise to obtain legal advice early on in the process. SCC 89 v. Dominelli et al. teaches residents who are making requests for accommodation that they must be prepared to provide objective medical evidence that diagnoses the disability and outlines the disability-related need and how an exception to a rule is required

to address the disability-related need. A doctor’s letter that states someone has a “medical condition” without a clear diagnosis and a listing of disability-related needs isn’t enough. Residents must also be prepared to cooperate in the process and respond to reasonable requests for information or attend meetings. Otherwise, the courts may find that the condo corporation has fulfilled any duty to accommodate by attempting to discuss and investigate the request for accommodation with the resident. Lastly — and especially with cases of illegitimate accommodation claims aimed at averting pet rules on the rise — residents should be aware that they face significant cost orders if a condo corporation gets a compliance order after denying a request for accommodation. 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, the Human Rights Code and other legislation that affects condominiums. 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. NOTE: This article is provided as an information service and is not intended to be a legal opinion. Readers are cautioned to not act on the information provided without seeking legal advice with respect to their specific unique circumstances. Sonja Hodis, 2015 All Rights Reserved.

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LEGAL

Should you pipe up about KITEC plumbing? KITEC (also marketed under other names) is a type of f lexible

BY PATRICK GRECO

polyethylene piping which was used as a replacement for

copper piping in a number of condominium projects built bet ween 1995 and 2007. The piping was used in both the common elements and individual units. Its f lexibility made it easier to work with than traditional copper piping. However, hot water lines employing KITEC piping have been found to fail in certain conditions. Unlike the familiar pinhole leaks, failure in KITEC pipes usually results in a burst followed by high-volume f looding. 30 CONDOBUSINESS | www.condobusiness.ca

LEGAL

A class action settlement worth $100 million became effective on January 9, 2012, for replacement claims in Canada and the U.S. W hile condominium corporations are encouraged to submit claims, the large number of claims to be paid pro rata will likely result in only nominal recovery per corporation. T h e s e a m o u nt s w i l l n ot b e f i n a l l y adjusted until the end of the claims period in 2020 and buildings that have had leaks will be paid out before those that have not. Perception versus reality? It is worth noting that although it has been 20 years since the first use of K I T EC, many corporations have had it in their buildings without incident. This begs the question — were certain batches of the piping or methods of installation more prone to failure than others? It may never be possible to a n s w e r t h a t q u e s t i o n d e f i n i t i v e l y. Anecdotally, at least, many proper t y managers of buildings built with KITEC piping will indicate that they have had far more leaks from other piping than from KITEC. T his may be a case of perception over reality — perception that KITEC p i p i n g i s m o r e l i ke l y t o d a m a g e . T hose in real estate have seen this phenomenon before in the context of other construction materials (such as urea formaldehyde foam installation [UFFI]) where an issue is raised over a construction material and, once it seeps into the public consciousness, it can be blown out of proportion and create a stigma that is disproportionate to its actual risk. Indeed, the Real Estate Council of Ontario (RECO), the governing body for real estate agents in the province, has taken the public position that the existence of KITEC plumbing can be c o n s i d e re d a “m a te r i a l f a c t .” T h i s means that a realtor’s failure to disclose the existence of KITEC plumbing to a condominium buyer could constitute a breach of RECO’s code of ethics.

So then, how does a condominium corporation deal with all of this information, and the fears that may a c c o m p a n y i t? I n p a r t i c u l a r, h o w does a condominium corporation deal with disclosure of KITEC in a status certificate? Let’s look at two possible scenarios:

c o nt a ins K I T E C p lu m b in g o u g ht to disclose this fact in status certificates. A l te r n a t i ve l y, i f s u f f i c i e nt s u p p o r t c an b e at t aine d , a b uil d in g in this situation may opt to replace its KITEC prophylactically so as to remove any mention from its status cer tific ate. There are no easy answers.

1. The “imminent danger” corporation While unfortunate, the scenario that is easier to deal with is the corporation i n w h i c h t h e re h a s b e e n a K I T E C f a i l u re o r w h e re ex p e r t p l u m b i n g / engineering advice reveals that there are signs that failure is imminent. For these corporations, there is reasonable evidence to suggest that the KITEC in both the common elements and the units should be replaced, preferably b y o n e c o nt r a c to r ret a i n e d b y t h e cor p oration, to ensure consistency. The unit repairs would be billed to the unit owners. The existence of KITEC and re p l ac ement ef for t s shoul d b e reflected in paragraph 12 of any status cer tific ates until the replacement project is complete.

The blame game When owners learn that their building contains KITEC, one of the first questions is of ten: “ W hom c an we sue?” Typically, the developer is the first to get caught in the crosshairs. Af ter all, say owners, the developer must have known about this! W hile this may be possible, it is impor tant to re m e m b e r t h at eve r y p ro je c t is different. It must also be kept in mind that, when KITEC was installed, it was an approved construction product. KITEC ceased being sold in 2007. The last buildings in which it was installed are nearing a decade in age. Unless there is hard evidence est ablishing that a declarant knowingly installed a faulty product, it would be difficult to pursue a declarant that probably has no remaining assets, especially where key evidence may be lost to time. In buildings where there have been no incidents, the easiest defence is that there is nothing wrong with the KITEC piping, as indic ated by a dec ade of problem-free performance. In many cases, the legal fees that would be spent litigating may be better spent on keeping the corporation wellmaintained and competitive in a busy condominium market. 1

2. The “wait-and-see” corporation What about cases where a corporation has learned that its building contains K I T E C p lu m b in g b u t w hi c h h a s n o reason to believe it is at imminent risk (beyond the general knowledge of K IT EC ’s flaws)? T his is the more difficult situation. The board is left to balance t wo competing interests: 1. protecting the corporation from liability for an incident arising from a KITECrelated leak; and 2. not causing undue alarm (and the related fear of decreased saleabilit y) by disclosing KITEC on a status certificate even though there has never been a leak. A corporation cannot favour resale prices over complying with the Condominium Act in failing to disclose circumst anc es w hich m ay result in a n i n c re a s e i n c o m m o n ex p e n s e s . Therefore, in most instances, a corporation governing a building that

Patrick Greco is a partner in Miller Thomson LLP’s Condominium Law Group. His practice includes both condominium solicitor and litigation work. The preceding article is reprinted with permission from MTCondoLaw’s June 2015 newsletter. September 2015 31

MANAGEMENT

How to take the headaches out of visitor parking M a ny c ondo s of fe r v i sitor parking as an amenity, but managing

BY BRIAN BOSSCHER

it can become a major headache for the boa rd and management. The source of the headaches could be that there aren’t enough

spots, figuring out how to fairly allocate spots, preventing the abuse of spots, or all of the above. What follows are three steps to taking control of visitor parking problems — whether a condo is star ting from scratch or wants to tweak existing rules. The advice here summarizes best practices observed at hundreds of condos throughout the Greater Toronto Area. 1. Identify the problem The first step is probably obvious, but the board needs to decide what problem it’s solving. The two most common problems are fairly allocating a small number of spaces between a large number of units and preventing the unauthorized use of the visitor parking area by owners, residents and strangers.

32 CONDOBUSINESS | www.condobusiness.ca

2. Choose a solution (develop rules) Once the board has clearly identified the problem, the next step is for it to choose a solution. The solution usually takes the form of one or more rules or bylaws that set limits on the use of visitor parking. When developing rules, consider these common questions: What times of day will visitor parking enforcement occur? Visitor parking may be enforced 24/7, or it may be enforced only at night, depending on the needs of the building. Also consider: How many spots are there? Is the building in a high-traffic area that makes it prone to strangers parking without registering? Does management use many of the spots for trades or contractors?

MANAGEMENT

How many visitor parking permits will residents be allowed? Many condos will set limits on visitor parking permits on a permonth basis. For example, residents may be allowed seven overnight permits in a month; if they exceed this limit, then they must wait until the start of the next month to use visitor parking again. If enforcement is 24/7, the board may decide to set separate limits for day and night passes. When will visitor parking permits expire? There are two approaches to this: some condos prefer to issue permits that are valid for 24 hours at a time (or multiples of 24 hours); others prefer to issue permits that expire at a specific time every day. For example, some buildings will have day passes that expire at midnight and overnight passes that expire at 11 a.m. the next day. If using the latter approach, schedule enforcement patrols to coincide with the expiration times. Will there be limits to using visitor parking permits across consecutive days? Some condos implement a maximum number of days per permit. For example, residents may be allowed to use visitor parking seven overnights in a month, but they may be restricted to using no more than three of them in a row. What guidelines will management use to handle exceptions? For every rule (no matter how carefully constructed), there will always be special cases that warrant exceptions. Create clear guidelines for management to follow; under what circumstances can management bend the rules? For example, managers commonly receive requests for an extended visitor parking permit when a relative is visiting from out of town. Who will be in charge of visitor parking enforcement? For buildings that have on-site security, the answer to this one is easy. For buildings that do not have on-site staff 24/7, the answer is a bit more complicated. In the latter case, the board may need to contract with an enforcement company that offers spot checks or roaming patrols. In either case, parking enforcement needs to be prepared to write tickets or work with towing companies as needed. What systems or tools will be used to enforce visitor parking? Condo corporations now have their choice between manual tools, such as a binder or spreadsheet, and online platforms that facilitate the tracking of visitor parking. Using a tool built specifically for the purpose of enforcing visitor parking makes the job easier, faster and more efficient for everyone involved. It may

also offer added benefits, such as printed parking permits (as opposed to handwritten), automatic blocking of resident license plates, and more. Avoid the temptation to make rules overly complicated, or to include too many exceptions. To get the full benefits of automation (as outlined in the last point), rules should be straightforward enough to be carried out by a computer. A robust platform can easily carry out the common rules cited above. 3. Carry out rules and enforcement procedures Once the board and management have agreed on the rules, they should consider gathering feedback from owners before pushing ahead with any changes. Taking the time to complete this step reduces the risk of a challenge (in the case of a rule) or a failed vote (in the case of a bylaw). An online survey is a fast and easy way to gather everyone’s feedback. After reviewing and responding to feedback from owners, the next step for the board is to work with the corporation’s solicitor to draft the rules or bylaw changes required to carry out the plan. The exact form this takes will depend on the corporation’s existing documents; the corporation’s lawyer will guide the board through that part of the process. Once the bylaw or rule change takes effect, management must roll out enforcement procedures and the system to support them. This phase requires close coordination with the on-site security team. If the board has decided to use an online system or another tool to help enforce parking, then management needs to coordinate its installation and ensure the entire security team is trained on how to use it. Once last piece of advice for this step: management can avoid unpleasant surprises by phasing in enforcement. While it will never be easy to transition from a “wild west” scenario to tightly managed visitor parking, clearly communicating the coming changes, giving lots of notice and adequate transition time will give everyone a chance to prepare. To recap, visitor parking can often be a large headache, but it doesn’t have to be. By following these three key steps, condo boards and their management teams can rein in visitor parking abuses. When visitor parking is tightly enforced, all residents get a fair shot at using it. 1

Brian Bosscher is the president and founder of Condo Control Central, a leading Toronto-based company that provides webbased communication, management and visitor parking 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. September 2015 33

MANAGEMENT

Feeling the heat In the dog days of the summer, the issue of heat loss in multi-

BY GLEN DOE

unit residential buildings may not be top of mind for most, though perhaps it should be. Condo boards and managers who are already

looking ahead to the energy costs of the next heating season and considering installing a heat control system will want to act now.

Depending on building size, installing a heat control system takes from three to six weeks. The timeframe between signing a contract and final Electrical Safety Authority (ESA) inspection can be about 12 weeks. T hat said, heat control systems can be installed at any time of the year, as it disrupts heating minimally in electrically heated buildings and for less than one day in buildings with hydronic (boiler) systems. Understanding heat loss There are several reasons why heating energy is wasted in multi-unit residential

buildings. The following factors make it difficult to control condo temperatures: When air is heated, it rises. There are duct and pipe shafts, elevator shafts, and stair wells that allow air to move upward inside a building. As heated air rises in a building, it creates a negative pressure that draws in outd o or air, particularly on lower floors. Baseboard heaters are usually oversized for the required heating load since they have fixed increments of capacity and must have equal or greater capacity than what is required for heating on the coldest days. This overcapacity becomes even

34 CONDOBUSINESS | www.condobusiness.ca

worse when the outdoor air temperature is not sub -freezing, which is most of the heating season, as the heaters will produce more heat than is needed. Electric baseboard heaters are normally either fully on or off, with no in between. Their output exceeds the heat being lost and so they use too much energy. A heat control system interrupts the flow of electricity to baseboard heaters, keeping them just warm enough to heat the space. A nother reason heating energy is wasted is that some occupants are used to, or prefer, high thermostat settings. Interior walls and floors of condo units

MANAGEMENT are not insulated, so an overheated condo may also overheat adjoining units. The usual response when a person’s condo unit is too warm is to open a window. If the window faces the wind, cool air enters, but air may only exit on the other exposures. Open windows on all but the lowest floors encourage more heated air to rise in a building, drawing in cold outdoor air at lower temperatures. Then more heat is needed to warm the bottom floors, and it becomes a vicious cycle. The goal of a heat control system is to discourage occupants from opening windows as a means of controlling the temperature of their condo units. These reasons for heat loss also apply to buildings with gas heat, even when each unit has its own furnace. Choosing a heat control system Those who are shopping for a heat control system should look for a number of features. The system should provide the right amount of heat, when required, and quickly adapt to changes in weather and sunlight. Look specifically for the ability to monitor outside temperature, wind and wind direction to provide more heat to the windward side of the building and less to the leeward and sunny sides. T he system should also compare the temperature of a condo unit to the condo units surrounding it, to determine whether more heat is needed or whether the occupant has opened a window or balcony door. And the system should send an alarm to a maintenance person if the temperature in any condo unit drops below a predetermined threshold, so he or she can take corrective measures before heating pipes freeze and burst. Additionally, look for a heating control system that allows for remote monitoring and temperature control as well as the reduction of peak electrical demand (in electrically heated buildings). Other important features include the ability to control gas boilers and the speed and temperature of the heating liquid through the building. Management should be able to set the desired maximum temperature in each condo unit (or hot water riser) and control the amount of heat allocated to each unit as much as possible. This may be limited by the building’s configuration. Also

consider setting a nighttime setback, if desired and if city bylaws permit. CERTIFIED ARBORIST’S As condo units are owned, owners may wish to set their temperature to whatever maximum they wish and leave windows open. The condo board would ne e d to e du c ate ow ner s as to the consequences and cost of their actions as well as the benefits of implementing a heat control system and then get their agreement to proceed. Management should also have full contact@brucetree.com 416-252-8769 control of the system, to turn heating on www.brucetree.com We Do Blinds_OD15_OD Sixth page 2014-10-31 3: only during the heating season, and to turn heating off when it’s not needed. U l t i m a te l y, a n ef fe c t i ve h e a t i n g control system should greatly reduce BruceTree_Condo_September_2015.indd 1 2015-09-28 2:05 PM irresponsible heat use and stop providing NO MORE DIRTY BLINDS a d d i t i o n a l h e at i f o c c u p a nt s o p e n Safe, Fast, Easy Way to Clean Blinds Utrasonicaly windows or balcony doors. Baseboard Add Value, Elegance and Beauty back. heaters should always be warm, but All types of blinds cleaned & repaired. not excessively so, to keep the space Silhouettes, Luminette, Roman Shades, Woven Woods, Pleated & Honey Comb, Roller Sahdes, comfortable. PVC & Wood Blinds

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September 2015 35

MAINTENANCE

A walk through what’s new in entrance matting Ev e r y y e a r, c o n d o m i n iu m cor porations across Canada

BY RANDALL LINTON

spend millions of dollars on renovations and building improvements. Seemingly, they consider the smallest details, from lighting and colours

to textures and sounds. Yet entrance matting is often overlooked, despite contributing to aesthetic appeal and occupant safety. C ond ominium m an a g er s k now the importance of providing a safe environment to those residing in the properties they oversee. Winter matting systems are key to reducing, if not eliminating, slip and fall occurrences, which are common on wet hard-surface flooring such as marble, stone, and ceramic. As few as 15 years ago, condominium corporations commonly used rental matting in their lobbies and parking vestibules. They were relatively inexpensive and provided convenience and flexibility. However, they

lacked aesthetic appeal and, due to their light weight, they curled or migrated across the floor, posing a tripping hazard to occupants. Today, condominium corporations have the option of buying matting that is functional, stylish and eco-friendly. What’s more, the average return on the upfront investment in a matting system can be as few as six months compared to the cost of renting a mat in a similar size. Functionally, purchased mats come heavier with more aggressive fibers to scrape dirt off footwear and hold more water at the

36 CONDOBUSINESS | www.condobusiness.ca

building’s entrance. Many offer structural rigidity and rubber-ramped edges to keep them flat and prevent trips. Another practical trend in entrance mats is the use of recessed areas, addressing the height difference between the floor and the top of the mats. Recessed wells allow the matting to sit flush with the flooring materials. By incorporating a matting system into the lobby design process, property managers can take advantage of durable materials and visually striking elements that complement the aesthetics of the common spaces. Gone

MAINTENANCE

are the days of using rectangular-shaped mats out of necessity. Designers can easily integrate arcs, geometric shapes, angles, patterns and even work the condominium’s name or logo into the layout of a matting system. Unique shapes with contrasting materials quickly elevate the entrance program well beyond the mundane. Safety and aesthetics are important considerations in incorporating winter matting systems into a condominium lobby; so is environmental responsibility. Property managers are now asking for products that are made from recycled content or can be recycled at the end of their life cycle — or both. Designers often incorporate natural materials such as coco fibers into recessed applications to warm and soften the appearance of an entrance area. Aluminum recessed scraper mats are commonly made in part from recycled pop cans. In addition, aluminum mats can be recycled at the end of their life cycle. The story is similar for PVC and vinyl scraper mats, as many are made with

post-industrial recycled PVC. A newer in building entrances, lobbies and common trend is the use of PE T made from spaces can contribute significantly to this. recycled pop bottles in the face fibers Plan to integrate matting into the design of of entrance matting. Moreover, some these spaces for a safe environment with mills are integrating a high percentage of aesthetic appeal. 1 recycled rubber into the backing used for various styles of entrance matting. Randall Linton is co-owner of Interior Professional maintenance providers Care Ltd, a company in its 54th year that can recommend products based on the provides professional maintenance of amount and nature of traffic flow in and commercial offices and condominiums, out of the building. They can also help and ServiceNational Canada Inc., which condominium corporations by working provides full contract maintenance of retail with a dealer to measure areas and design stores across Canada. He can be reached at a matting system that is best suited to a randall@interiorcare.com. particular building’s needs. Once a condominium corporation buys matting, it must maintained either by the condominium housekeeping staff or by an outside maintenance provider. Cleaning professionals can customize a program to keep the mats looking clean, helping to create a healthy environment while maximizing their use life. First impressions for condominium owners and their guests are important, and an effective and attractive matting CompleteBuildingServices_Condo_May_2015_FINAL.pdf system 1 15-06-02

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September 2015 37

SMART IDEAS

Cell help With landline telephones on the decline, a new system promises to boost wireless signal strength in condos. And it has already received a warm reception from one major developer As cell phones increasingly supplant landline phones in homes, a new system from Wireless-Solutions promises to improve the often spotty signal in condominiums. In some cases, steel roofs interfere with wireless reception; in other cases, areas such as underground parking garages lack cell service altogether. The cell phone booster system has already received a warm reception from one major developer, who plans to roll it out in a new project, says sales manager Barry Campbell. Building on earlier cell phone boosters, which were limited to residential applications, the latest ‘industrial strength’ iteration is specifically designed for condos, delivering coverage up to 80,000 square feet. It boosts both voice and data reception on 3G/4G and LTE networks and covers all major carriers, including Bell, Rogers, and Telus. One configuration of the system features five antennas. One outdoor antenna picks up the existing cell signal and four indoor antennas are typically arranged in a quadrant for maximum coverage. The system comes as a kit, which includes a splitter, cables, and 80 dB power amplifier as well as a lightning protector module. Wireless-Solutions supplies drawings and engineering support and has partnered with a company that can install the system. The amount of time it takes to install a system depends on how many systems are needed to achieve complete coverage. On average, one system takes one to two days to install. For more information, visit www.wireless-solutions.ca.

38 CONDOBUSINESS | www.condobusiness.ca

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