CondoBusiness Winter 2023

Canada’s Most Widely Read Condominium Magazine

Winter 2023 • Vol. 38 #4

CULTURE SHIFT

PM#40063056

A long-awaited anti-harassment rule Managers rally for workplace solutions

+

Snow removal contracts, carbon-conscious construction, and condo mortgage tips

PA R T O F T H E

P A R T

O F

T H E

SNOW REMOVAL SERVICES As a Canadian company, we are acutely aware of how snow during winter months can adversely affect daily operations for many businesses. The combination of our experienced team and our state-of-the-art snow clearing equipment ensures that all your snow-clearing needs will be met with maximum efficiency and professionalism.

Our goal at Pacific Paving is to ensure that the properties of our clients are properly taken care of, make it one less thing to worry about.

EXPERIENCE. LOYALTY. QUALITY. DEPENDABILITY. Pacific Paving Ltd. 5845 Luke Road, Unit 204 Mississauga, ON L4W 2K5 T (905) 670-7730 F (905) 670-7631 info@pacificpaving.ca pacificpaving.ca SNOW REMOVAL | ASPHALT PAVING | CONCRETE WORKS | WATER-MAIN REPAIRS BUILDING RESTORATION SERVICES | 24 HOUR EMERGENCY SERVICES

Contents 7

8

FEATURE

HOUSING

22 CAO Provides Draft Anti-Harassment Rules For Condos

6

By Kate Schoffer

24

A Time For Change

By Rebecca Melnyk

DESIGN & RENOVATIONS 30 Green Stream

Embodied carbon and capital replacements

By Jack Albert

34

A Gem from the '70s

By Anita Wiklém

Talk of the Towns

By Rebecca Melnyk

OPERATIONS & MAINTENANCE 12

Growing Pains

By Vadim Koyen

32 Buying into a Community

Mortgage considerations for new and existing owners

By Jason Anbara

LEGAL 8 A Slippery Case of Snow Removal

By Ashley Winberg

SUSTAINABILITY 26 Multi-Family Leads Uptake of EV Charger Funds

IN EVERY ISSUE 4

Editor’s Note

38

New & Notable

16 Disability Accommodation: What You Need To Know

By Lexa Cutler

“I certainly know quite a few managers who have been forced out of their jobs.”

Page 24

EDITOR’S NOTE

Breaking Old Patterns There seems to be more momentum around eradicating harassment in condo communities,

from educational seminars to behind-the-scenes people doing what they can to push for better legislative tools and resources to make the board-manager-owner relationship more symbiotic.

At the recent Condo Conference, there were a couple sessions that touched upon this very topic. The room was pretty full at one panel talk I attended on manager and volunteer shortages. There were some heads nodding as speakers discussed their relationship dynamics in condo communities.

The condo as a workplace has taken on a slightly new tone this year due to escalating cases of conflict. One article in this issue focuses on this very topic. In another piece, a condo lawyer addresses the CAO’s newly drafted anti-harassment rule, which many people have been pushing for. From the outside, it appears as though a culture shift is slowly on the rise.

With that in mind, we turn to another topic where patterns of behaviours are tricky to break: sustainability. The carbon emissions associated with building materials in capital replacement projects is something for condos to consider. You can read more about that in the magazine.

As we near the end of another year, we wish you all the best and brightest. As always, please feel free to reach out with any story ideas or feedback at the email below.

Rebecca Melnyk Editor, CondoBusiness rebeccam@mediaedge.ca

Editor Rebecca Melnyk Advertising Sales Jake Blanchard, Sean Foley, Ron Guerra, Jason Krulicki, Melissa Valentini Art Director Annette Carlucci Graphic Designer Thuy Huynh Production Coordinator Ines Louis Contributing Writers Jack Albert, Jason Anbara, Lexa Cutler, Vadim Koyen. Kate Schoffer, Anita Wiklem and Ashley Winberg.

Digital Media Director Steven Chester Subscription Rates Canada: 1 year, $30*; 2 years, $55* 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 Adrian Holland circulation@mediaedge.ca CONDOBUSINESS is published six times a year by

President Kevin Brown Director & Group Publisher Sean Foley Accounting Manager Michele Therien 2001 Sheppard Avenue East Suite 500 Toronto, Ontario M2J 4Z8 (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.

/condomediaedge /condobusiness /condomediaedge

THE OLDEST AND LARGEST HIGH-RISE RE-PIPING COMPANY IN ONTARIO Kitchen Stack Pressure Cleaning

Domestic water, Epoxy Lined Heating and Piping Cooling Systems Replacement Re-piping Specialists

10 year warranty on full building re-pipes

416-789-7611 www.jermark.ca

MANAGEMENT

TALK OF THE TOWNS A new spin on the stacked tow n home concept is promised to

BY REBECCA MELNYK

boost missing middle housing typologies in the Greater Toronto Area. Minto

Communities is currently building its Westshore community in South Etobicoke for homeowners who desire something different than high-rise living, but more affordable than a single-family dwelling.

V

ince Santin o, v ic e p resi d ent of development at Minto Group, says the 9.8 - acre site in the Long Branch neighbourhood will bring 509 units in total. There will be a mix of traditional and stacked townhomes, similar to the developer ’s Longbranch communit y adjacent to the west, but other more accessible options.

A collection of hybrid multi - unit townhomes will rise during the project’s first phase. Each one features five storeys: a two-storey lower unit with a garden patio at grade, a middle one-storey flat with a balcony, and a two-storey stacked townhome on top with a rooftop terrace.

A range of one to three bedrooms, between 472 and 1,282 square feet,

6 CONDOBUSINESS | Part of the REMI Network

bring condo-style amenities without the height.

“Not everyone wants to live in a 20- to 30-storey concrete building up in the sky,” says Santino. “What makes these urban stacks a little different is we have elevators that service that third floor of the stack. The elevator continues onto the fifth floor of the unit above.”

DEVELOPMENT

On The Go The Government of British Columbia is introducing legislation to speed up delivery of homes near transit, services and amenity hubs. If passed, work will accelerate on building more transit-oriented development, creating more livable communities and tackling the housing crisis.

The proposed legislation will require municipalities to designate Transit Oriented Development Areas (TOD Areas) near transit hubs. These TOD Areas are defined as land within 800 metres of a rapid transit station (e.g., SkyTrain station) and within 400 metres of a bus exchange where passengers transfer from one route to another (e.g., Newton Bus Exchange in Surrey).

In the designated areas, municipalities will be required to permit housing developments that meet provincial standards for allowable height and density based on tiers — at its highest in the centre of the TOD Area – and will differ based on the type of transit hub.

They must also remove restrictive parking minimums and allow for parking to be determined by need and demand on a project-by-project basis. Municipalities can still require developers to add parking to accommodate people living with disabilities.

Commercial parking requirements will not be affected within TOD Areas. Builders and developers will be able to build as much parking as desired for a project but will not be required to meet a minimum standard of parking units.

It is expected that about 100 TOD Areas will be designated in 30 municipalities throughout B.C. within the first year of the new legislation coming into effect.

Other condo - like features include underground parking and a common internal corridor. They were designed alongside architecture firm BDP Quadrangle.

Richard Witt, principal at BDP Quadrangle, stated in an earlier press release, that the units are based off a shared grid size, which allows for a degree of versatility in unit combinations. “A central corridor

at alternating floors, served by a central elevator core, provides access to the units, essentially giving us more space to dedic ate towards units, keeping the homeowner at the forefront of our design,” he said.

The specific combination of ground units, elevators and choice is unique to the townhome market and fitting for seniors who

wish to age in place, especially as Ontario’s older demographic is projected to almost double, from 2.5 million in 2019 to 4.6 million by 2046.

Families are also looking for groundoriented homes with a neighbourhood feel, for which there exists a shortfall in the GTA. The Westshore community is helping to fill the gap as the provincial government continues its pursuit to build 1.5 million homes by 2032.

“A big part of achieving that is the industry providing more options with a lot more density,” says Santino. “It is becoming very difficult to find single-family low-rise greenfield land to purchase and build on. As an industry we’ve had to adjust.”

Blending density into the surrounding area is also top of mind. A park that was created for Minto’s Longbranch community will extend outwards into Westshore with access to splash pads, BBQ areas, the TTC, Long Branch storefronts and lakefront trails.

“Being on Lakeshore, we’re certainly seeing a lot of gentrification in the area and a lot of people who have grown up in Long Branch want to stay there,” says Santino.

“The neighbourhood itself has always catered to families, and people who may want to downsize and retire and continue to live there. It has a lot going for it.”

With future projects in mind, Minto is looking for opportunities where it can continue to apply the same type of townhome concept or similar ideas. A key goal overall is to create complete communities, and by doing so, attracting all types of buyers and demographics. 1

www.REMInetwork.com | Winter 2023 7

A SLIPPERY CASE OF SNOW REMOVAL Best practices for contracts and procurement

The Ontario Superior Court of Justice’s 2022 decision of Musa v

BY ASHLEY WINBERG

Carleton Condominium Corporation No. 255, 2022 ONSC 1030,

underscores criteria that condominiums should look for when selecting a snow removal contractor and emphasizes the importance of incorporating specific contractual clauses in snow removal contracts.

T

he plaintiff, who was a resident at the condominium, sued the condominium and its snow removal contractor for injuries that he sustained after slipping and falling on one of the common element roadways, which was plowed earlier that morning but not yet salted.

On the day in question, it started snowing at 4:0 0 a.m. and the snow removal

contractor arrived on site at 7:30 a.m. to plow. The snow removal contractor spent approximately 2.5 hours plowing the snow and then left the property without applying any salt. An hour later, the snow removal contractor returned to the property and applied salt.

A n impor tant takeaway from this

8 CONDOBUSINESS | Part of the REMI Network

decision is that the snow removal contractor was deemed to be the occupier of the condominium’s common elements for liability purposes under the Occupier’s Liability Act, 1990, R.S.O. 1990, c. O-2 (the “OLA”), not the condominium since the condominium's obligations for winter maintenance were fully delegated to the

LEGAL was plowed that morning the plow likely compacted the remaining snow due to the back-and-forth movements, which likely caused the remaining snow to freeze thereby exacerbating the dangerous icy conditions.

The plaintiff’s expert witness testified that the plowing should have commenced at 6:00 a.m. that morning as opposed to 7:30 a.m. to ensure that there was sufficient time to plow the snow and salt the roadway before residents left for

snow removal contractor in the contract between the two parties.

Accordingly, the court held that it was the snow removal contractor, not the condominium, who had a duty of care under Section 3 of the OLA to ensure that condominium’s common elements were reasonably safe by taking reasonable care to protect persons while on the common elements from foreseeable harm.

Thus, the question before the court was whether the snow removal contractor breached its duty of care by failing to plow and salt the roadway concurrently and by delaying the application of salt. More specific ally, the cour t examined whether the delayed salting practice employed by the snow removal contractor adhered to a reasonable standard of care for commercial snow removal contractors.

Another important takeaway from this decision is that the court relied heavily on the well-established road maintenance guidelines presented by the plaintiff’s expert witness. The plaintiff’s expert witness advised that when the snow

work that morning. The snow removal contractor dismissed the well-established road maintenance guidelines presented by the plaintiff’s expert witness indicating that he was not aware of the same and that he lacked formal training.

The court sided with the plaintiff’s expert witness and found that the snow removal contractor breached its duty of care as it did not salt the roadway concurrently with plowing and the failure to do so created an unnecessary slip-and-fall risk.

Comfort at Home

Unilux Retrofit Fan Coil www.uniluxcrfc.com | 888.627.6727

Unilux fan coils are a simple, cost-effec ve solu on for replacing aging units in buildings over 20 years old.

Fan coil units deteriorate over me and most homeowners are shocked to discover how bad the problems are. Join the conversa on today.

Learn more, ask ques ons, or get a free assessment.

Canada’s Original Equipment Manufacturer www.REMInetwork.com | Winter 2023 9

LEGAL

This decision stresses the importance of ensuring that a snow removal contractor retained by a condominium has formal training, is aware of well-established road maintenance guidelines, and has internal operating policies in place that reflect said guidelines.

This decision also highlights the importance of incorporating the following contractual clauses in snow removal contracts:

1

An insurance clause, which requires that the condominium be named as an additional insured on the contractor's commercial policy, and that proof of the same be provided to the condominium.

2

An indemnification provision, which hold the contractor liable for any damage, loss, injury and/or harm related to or arising out of snow and ice removal at the condominium’s property and designating the

THE COMPANY with a NEW APPROACH to an OLD

PROBLEM

We make your building free from bedbugs and any other insects or pests.

9 Fast and professional response time 9 100% client satisfaction rate 9 Only premium chemicals and state-of-the-art equipment 9 Programs tailored to meet your facilities needs 9 Property Managers Premier Choice for Pest Management

CONTACT US FOR FREE ESTIMATE 289.597.2847 | info@pbgcanada.ca MULTI-RESIDENTIAL – INDUSTRIAL INSTITUTIONAL – COMMERCIAL

10 CONDOBUSINESS | Part of the REMI Network

contractor as the occupier of the condominium’s common elements for liability purposes under the OLA as the same pertains to snow and ice removal and winter maintenance.

3

A legal compliance clause, which stipulates that the contractor must comply at all times with well-established road maintenance guidelines as well as the requirements of the OLA, the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, and all applicable municipal codes and by-laws.

4

A performance standards provision, which specifics the following standards of performance in addition to penalties in the event of non-compliance: a. the locations of the property that require snow removal and salting, b. the order in which said locations must be attended to, c. a deadline by when snow must be plowed and the property salted following the onset of snow or hail, d. a requirement that salting occurs concurrently with snow plowing, e. the locations of permitted snowbanks on the property, f. a requirement that the contractor keep thorough logs that record the times of attendance, tasks performed, and their observations made at the property, and g. penalties in the event of non-compliance with any of the foregoing standards of performance.

Before officially retaining a snow removal contractor and entering into a contract, condominiums should carefully review a proposed contractor’s qualifications and internal policies and ensure that the contract presented to the condominium for execution includes provisions similar to those discussed above.

However, if in doubt, a condominium should obtain legal advice and have any proposed contract reviewed by a solicitor. 1 Ashley Winberg is one of the leading condominium lawyers in Ontario and is the Head of Corporate Practice at Pulver on Condos, which is a boutique condominium law firm that provides specialized legal services to condominium corporations and unit owners. Ashley can be reached at ashley@ pulveroncondos.com.

WhiteRose Commitment to Excellence Whiterose Janitorial Services Ltd. specializes in high-quality industrial, condominium and commercial cleaning and superintendent services.

Founded as a small, family-run Canadian business in 1986, our professional cleaning services company has grown into a multi-faceted business providing a full range of quality cleaning services across Canada.

REGULAR CLEANING SERVICES • Fully Customized Schedules • Janitorial Services

• Floor Cleaning • Window Cleaning Services • Carpet Cleaning

SPECIALTY SERVICES • Garage Cleaning • Pressure Washing • Floor Polishing

• Construction Cleaning • Stripping and Waxing

 SUPERINTENDENT SERVICES • Emergency Services/ On Call • Live-in and Live-out Services • Daily Readings • Generator Tests

Scan here to contact us

• Small Repairs • Mechanical Systems • Garbage Disposal Services • Pool and Hot Tub Services

Schedule a call today to learn more about how WhiteRose can help with your property!

Tel: 416 850 9697 | Toll Free: 1 877 253 3648 Email: info@whiterosejanitorial.com

www.REMInetwork.com | Winter 2023 11

GROWING PAINS Addressing hidden damages across a condo’s life cycle

The life cycle of a condominium includes five stages, each presenting unique vulnerabilities and budget

BY VADIM KOYEN

challenges directly tied to the aging process.

I

n the earliest stages, the building envelope is particularly susceptible to direct damage that, when not detected early enough, causes indirect damage that is slow and progressive until it penetrates the interior. Condo corporations face ongoing costs as a result of what gets overlooked.

Inspections play an essential role in effective management throughout the life cycle, providing insights into hidden damage risks and helping to address high-cost deficiencies.

Condo managers who understand a condo’s life stages, hidden damages, and inspections are more likely to develop effective reserve fund plans with logical budget allotments.

Here, let’s explore how condo buildings are vulnerable at each stage of the aging process and why building envelope inspections are critical budget items early on. When funding is used to address early direct damage repairs, condos incur lower costs in the later stages while avoiding costly, secondary damage.

The pre-natal stage In the first year, buildings are vulnerable to minor issues. Because everything is new and under warranty, common element fees can fund inspections. Although pre-natal inspections are unlikely to find anything, any minor discoveries are addressed a) while under warranty and b) before they develop into severe issues in a year or two.

With low maintenance costs, investment in inspections is manageable, saving money in the first five years of the building's life.

The childhood stage In years one through 16, inspections continue to play an essential role in spotting necessar y repairs that can extend the life of exterior materials and interior systems. You can include the most vulnerable building elements in a preventative maintenance plan, and ensure you leverage warranties before they run out. Inspections and reserve fund studies every three years reveal the need for replacements, such as:

12 CONDOBUSINESS | Part of the REMI Network

• Water heaters, • Circulating pumps, • Garage gate motors, • Sump pump overhauls, • Exterior sealant replacement, • Aesthetic upgrades, such as exterior painting, and • Hallway improvements.

The adolescent stage At ages 17 through 29, expect to face bigger ticket items despite investing in ongoing maintenance and repairs. Vulnerabilities lie in a deterioration of assets where inspections contribute to reliable reserve fund study planning. New calculations will address funds for higher ticket items including: • New roofing, • Elevator updates, • Heating boiler replacements, • New plumbing distribution systems, and • Window replacements.

Adulthood As the building ages, costs become less

Condominium

|

Residential

Commercial

|

|

Rental

NADLAN-HARRIS

PROPERTY MANAGEMENT INC. 500 Champagne Drive, Toronto, ON M3J 2T9

AN ACMO 2000 COMPANY

We are a team of dedicated experts, specializing in professional property management of: • High-Rise/Low-Rise Condominiums • Residential/Commercial/Industrial • Town Home Condominiums

• New Condominium Development Consulting • Customized Community Websites • Shared Facilities Proud members of:

Tel: 416-915-9115 Ext. 25

Fax: 416-915-9114

A S S O C I A T E

Email: info@nadlan-harris.com

www.nadlan-harris.com

OPERATIONS AND MAINTENANCE manageable, spanning 30 to 49 years. A healthy reserve fund becomes critical as you encounter your most expensive asset replacements with vulnerabilities related to items you replaced in the adolescence stage, as well as: • Updating fire alarm panels, • Entire exterior cladding upgrades, • Concrete and paved roadway replacement, and • Major common area renovations/redecorating.

Moisture: Water damage spreads slowly, leading to severe and costly interior damage. This includes damage to materials used in units and common elements.

Old age Buildings over age 50 mimic the same vulnerabilities as childhood, experiencing a repetition as replacements complete the same aging patterns. As a result, it helps facilitate budgeting accuracy, as a condo can rely on the same predictive budget and project prioritization.

However, the original budget won’t apply in dollars and cents and instead must include the following considerations: • Advancements in materials, • Increasing or decreasing costs, and • Efficiencies and life cycles of modern envelopes and building elements.

Thermal movement: Thermal movement breaks down materials, causing breaches and failures, such as cracks in sealant, serious separation of envelope layers and interior degradation over time.

The unexpected impact of hidden damages Building inspections are also the best way to address the most insidious types of hidden damages. They provide insights into what is most likely to cause high-cost deficiencies so appropriate preventative steps can be taken.

Hidden damages cause unexpected impacts on the building and operations, including:

THE OLDEST AND LARGEST HIGH-RISE RE-PIPING COMPANY IN ONTARIO Kitchen Stack Domestic water, Pressure Heating and Cleaning Cooling Systems Re-piping

Epoxy Lined Piping Replacement Specialists

416-789-7611 www.jermark.ca

14 CONDOBUSINESS | Part of the REMI Network

Air leakage: Air penetration damages envelope layers, impacting your HVAC’s effectiveness and wasting energy as residents put more demand on the system. It can also lead to dangerous carbon monoxide levels from garage car exhaust.

Again, it is that critical tie between life stages and inspections that help predict and avoid hidden damage.

How inspections help prevent indirect damage Building envelope inspections identify deficiencies and life stage vulnerabilities that contribute to energy loss, deteriorating interior comfort, and aging building aesthetics. Recommended repairs prolong longevity, providing the following benefits: • Smart maintenance strategy in the pre-natal stage when maintenance costs are still low, • Leveraging warranties in the childhood stage, • Reducing occupant complaints regarding unit comfort, value retention, air and water leaks, energy efficiency, etc. as the building ages, • Reducing risk for secondary damage to unit walls, floors, furniture, etc., • Ongoing advice and expertise to avoid envelope fatigue and prevent secondary damage, • Reduced interior leak damage costs for secondary interior damage in units and common areas, • Facilitating a preventative strategy to further cost-effectiveness, • Eliminating a reactive maintenance strategy, handling damage before it leads to severe issues like concrete deterioration, • Effective risk management to avoid costly litigations related to accidents and property damage, and • Maintaining a transparent audit trail tracking the proper steps taken to protect the building, occupants, and community.

Condo managers can make far more accurate cost predictions based on what will likely impact building damage at the pre-natal and childhood stages of the building than they can at the adulthood and old age stages. However, building inspections help inform predictive maintenance plans, budget allotment, and reserve fund planning through the whole life cycle.

As a result, managers can create effective reserve fund plans with more accurate fund allotment at each life stage. This helps contend with advancements in materials, increasing costs, and the efficiencies and life cycles of modern envelopes in old age. 1 Vadim Koyen is the President of CPO Management Inc. CPO Management Inc. is a full-service property management company specializing in residential and commercial condominiums in Toronto and the GTA. With over 10 years in the industry, CPO offers a wide spectrum of services from strategic and financial planning to accounting, building maintenance, and capital improvement. For more information, visit: https://www.cpomanagement.ca/

DEDICATED IN PROVIDING PROFESSIONAL AND EXCEPTIONAL SERVICE

WE PUT OUR EMPLOYEES FIRST, SO THEY CAN PUT YOUR BUILDING FIRST.

Our staff are provided with the tools to handle challenging situations.

We bring the flexibility that is needed to adapt and adjust to all situations.

We pride ourselves on our “Service First” approach, where we engage first upon noticing someone.

We believe in focusing on customer service as it sets the tone and presence of our staff.

CONTACT US NOW FOR A QUOTE info@royalcas.ca | 416-474-6709 | royalcas.ca www.REMInetwork.com | Winter 2023 15

DISABILITY ACCOMMODATION: WHAT YOU NEED TO KNOW Creating inclusive and accessible spaces for individuals with disabilities

BY LEXA CUTLER

to participate equally in society is the right thing to do and a legal obligation for

employers, housing providers, and service providers.

C

ondominium corporations have a duty to accommodate individuals with disabilities. This duty is owed to both the residents of a condominium under the protected social area of housing, and to employees of the corporation under the protected social area of employment. The right for disabled individuals to receive equal treatment and to be accommodated in employment and housing is guaranteed under the Ontario Human Rights Code (the Code).

What is a “disability” under the Ontario Human Rights Code?

Disability under the Code is defined broadly and includes physical, mental and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, mental health disabilities, addictions, and other conditions, both visible and invisible. Individuals can be born with disabilities, disabilities can be caused by an accident or illness or can be developed over time.

16 CONDOBUSINESS | Part of the REMI Network

What is the duty to accommodate?

Housing providers and employers have a legal duty to accommodate the needs of people with disabilities. This duty has both a procedural and a substantive component.

This means that both the procedure used to assess the accommodation and the actual substance of the accommodation provided is important to fulfill this duty. It is important, even if the individual cannot be substantively accommodated, that the

LEGAL

procedural duty is fulfilled by thoroughly investigating the individual’s needs and the possible accommodations, considering all available options, and communicating appropriately with the individual.

However, the duty to accommodate is not absolute. Employers and housing providers must accommodate to the point of undue hardship. Employers and housing providers do not need to provide an accommodation if it would cause undue or excessive hardship, such as onerous costs or health and safety risks. Business interests and inconvenience are not considerations when establishing undue hardship.

Duties in the accommodation process The accommodation process is inherently collaborative, and both parties need to be cooperative, share information, and work together to find potential accommodation solutions. The Ontario Human Rights Commission provides the following guidance:

The individual requesting accommodation must: • Make their needs known to the best of their ability, ideally in writing; • Answer questions and provide information about their restrictions and limitations; • Participate in accommodation discussions; and, • Work with any experts or accommodations providers to manage the accommodation process.

The party receiving the accommodation request must: • Accept accommodation requests in good faith, unless there are valid reasons not to; • Take an active role in investigating possible accommodation solutions; • Keep rec ords of ac c ommo d ation requests and actions taken; • Communicate regularly with the individual

We’ve Got You Covered At Crossbridge, we consistently strive to provide the best possible service to owners and residents alike. As the leading condominium property manager in Ontario, our experienced team focuses on your needs and offers industry-best practices that help to promote operational efficiency and long-term satisfaction.

Great condominium communities don’t just happen on their own. Let our team help.

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

crossbridgecondominiums.com Crossbridge - Condo Business Ad - July 2022 - Promo - Half Page Horizontal - FINAL.indd 1

4:08 PM www.REMInetwork.com |2022-07-28 Winter 2023 17

LEGAL regarding the status of their accommodation request; • Maintain privacy and confidentiality; • Consult with the individual to determine the most appropriate accommodation; and, • Implement accommodations promptly.

be appropriate in light of the individual’s needs.

Individuals are not entitled to their preferred/perfect method of accommodation.

It’s a two-way street and the parties have to work together to create an accommodation plan that works for both parties.

In the employment context, this information can be collected in a standardized form, such as a Functional Abilities Form (FAF).

Generally, requests for medical information should be limited to those related to the nature of the limitation or restriction in order to assess the individual’s needs. The information requested should be as minimally intrusive as possible, while still allowing the employer or housing provider to fulfill its duty.

What medical information can be requested for accommodation of a disability?

In meeting the duty to accommodate, you can request sufficient medical information to: • Understand whether the individual has a disability (which therefore triggers the duty to accommodate); • Understand the functional restrictions or limitations associated with the disability and whether those restrictions or limitations are temporary or permanent; and • Determine what accommodations may

What could an accommodation look like?

Accommodation should always be individualized to the unique needs of the person.

Examples of potential accommodation solutions in the housing context: • Modifying how information is communicated to residents (braille, verbally, large print, etc.)

• Structural modifications to units or common areas (widening doorways, installing ramps, installing automatic doors) • Providing flexibility on deadlines for applications, or providing assistance with filling out applications or other paperwork

Garage & Balcony Assessment/Restoration Building Cladding Design, Assessment & Remediation Roofing System Design, Assessment & Remediation Reserve Fund Studies Performance Audits Energy Audits and Modelling Structural Engineering

18 CONDOBUSINESS | Part of the REMI Network

Practical takeaways Education: Ensure that board members and facility staff are aware of the duty to accommodate and know how to report and properly handle accommodation requests. Even better, have policies in place that set out how your organization will handle requests for accommodation from residents and staff.

1

2

C ommuni c a t i on i s key: Get accommodation requests in writing, document each step taken in the accommodation process and every option canvassed, and keep the individual in the loop of any expected timelines, decisions, or delays in the accommodation process.

3

Know when to engage counsel: Some accommodation requests will be simple and straight for ward: someone asks for a ramp to be installed or a designated accessible parking spot.

However, accommodation requests can quickly become complex, emotional, and costly, and could result in com plaints to the Human Rights Tribunal. If you’re unsure how to handle a delicate accommodation process, consult with counsel to ensure you’re doing everything correctly and avoiding future legal headaches. 1

Trusted Advisors

RJC Engineers

Examples of potential accommodation solutions in the employment context: • Allowing flexibility in job schedules or allowing for additional breaks • Providing ergonomic modifications to workstations • Modifying job duties or providing additional training • Allowing disability or medical leaves

rjc.ca

Lexa Cutler is a lawyer at SpringLaw, a virtual law firm practicing exclusively in the areas of employment, labour, and human rights law. Lexa has experience advising and representing both employers and employees in all aspects of workplace law. She's well-versed in workplace law, offering creative, empathetic, and efficient solutions to legal c halleng es fo r b oth em p loyers and employees. Lexa's experience spans human rights issues, wrongful dismissals, health and safety concerns, and WSIB matters. She can be reached at lcutler@springlaw.ca www.springlaw.ca

CONDOMINIUM VENTILATION Take steps today to positively affect the quality of life in your building.

• FAN COIL & HEAT PUMP MAINTENANCE • DRYER & WASHROOM EXHAUST SYSTEMS • FRESH AIR SYSTEM CLEANING & BALANCING • SANITIZATION AND DISINFECTION PROGRAMS • EXCLUSIVE TOTAL REPORTING Clinicair Condo Ventilation is a recognized industry leader with decades of success servicing the needs of condominiums.

Contact: Craig@clinicaircondo.com Mobile: 416-277-6067 www.clinicaircondo.com

Condo Ventilation www.REMInetwork.com | Winter 2023 19

FEATURE

CULTURE SHIFT

The Condominium Authority of Ontario recently gave a nudge to anti-harassment measures in condo communities. Kate Schoffer, a condo lawyer with Cohen Highley LLP, explains the legalities behind the new draft rule.

In the story that follows, rising incidents of manager harassment are igniting professionals to move from a state of awareness to a solution-focused approach.

FEATURE

www.REMInetwork.com | Winter 2023 21

FEATURE

CAO PROVIDES DRAFT ANTI-HARASSMENT RULES FOR CONDOS

By Kate Schoffer

H

arassment towards proper t y managers, directors, contractors, and residents remains a significant problem within condominium corporations. It is an unfortunate reality that some individuals use verbal abuse, personal attacks, threats, and intimidation (harassment) as a means of getting what they want in their dealings with condo corporations.

Many within the condo industry report feeling that harassment is on the rise, contributing to the current shortage of property managers in the industry and the reluctance of individuals to want to volunteer as board members.

To assist the industry in responding to harassment, the Condominium Authority of Ontario (CAO) has recently published a set of draft anti-harassment rules.

Passing a rule is one tool to combat harassment, but the board must also consider how the rules will be clearly and consistently enforced, who is responsible for conducting an impartial investigation of complaints of harassment, and what steps will be taken to ensure that evidence is gathered to support any alleged breaches of the rules.

Harassment against condo staff creates a legal obligation for the condo corporation to intervene. Specifically, Ontario’s Occupational Health and Safety Act, 1990 provides that every condo corporation is obligated to protect the condo's workers, including

property managers, from harassment and violence in the workplace.

In York Condominium Corporation No. 288 v Rabie and Weinroth, the Ontario Superior Court of Justice affirmed this obligation and stated that the staff of the condo “have a right to be free from . . . abuse, and the [condo] is right to do whatever the law requires in order to make this a non-abusive workplace for its staff.” It is important to remember that while harassment is normally a series of incidents, it can also be one severe incident which has a lasting impact on the individual.

Harassment against anyone in a condo community creates a toxic work and living environment. Accordingly, condo corporations should consider implementing rules targeted at combatting and addressing harassment.

The CAO’s draft rules are comprehensive and include a sample incident report. Most condo managers use their own incident reporting form, but for those who have not implemented a standardized incident reporting process, this form can be a valuable starting point to ensure that all incidents are appropriately documented and investigated.

The implementation of anti-harassment rules, including the CAO’s draft anti-harassment rules, is consistent with Condominium Act, 1998, which permits condo corporations to make, amend or repeal rules to promote the safety, security or welfare of the owners, and of the property and the assets of the cor-

22 CONDOBUSINESS | Part of the REMI Network

poration. Rules may be passed, amended or repealed by condo directors; however, owners have the right to provide feedback and input.

Boards that seek to amend their rules must provide a notice to owners and include: 1. A copy of the change; 2. The date the board is suggesting the rule become effective; 3. A reminder that owners have the right to requisition an owner’s meeting about the rule, and that the rule will become effective 30 days after the notice unless a meeting is requisitioned; and 4. A copy of section 46 and section 58 of the Condo Act, which cover owner requisitioned meetings.

Condo corporations can review the CAO’s draft rules and consider how they can be adapted to their unique needs. While the CAO’s draft rules will not stop harassment in condos completely, they can provide a tool to help condo corporations comply with their legal obligations and address harassment when it arises. 1 Kate Schoffer is a lawyer with Cohen Highley LLP. The CAO’s draft rules can be found at: https:// www.condoauthorityontario.ca/news/caolaunches-new-anti-harassment-rule-samplefor-condo-corporations/.

DelProperty_Condo_March_2018_torevise.pdf

1

2018-04-13

50

C

M

2:44 PM

20

18

Y

CM

MY

CY

CMY

K

www.REMInetwork.com | Winter 2023 23

FEATURE

A TIME FOR CHANGE

By Rebecca Melnyk

C

ondo managers are familiar with hostile work environments, but cases of harassment and intimidation, and even violence, have reportedly increased due to a confluence of factors.

“A lot of condo owners are feeling the pressure of higher fees,” says Juliet Atha, president of Best Practices Property Management. “The board doesn’t have a lot of flexibility with the budget, but at the end of the day, it's their decision and people then take that frustration out on managers.

In some cases, people are going to have to sell their units because they can’t afford the increased mortgage and increased condo fees. That’s a newer contributing factor.”

A statement from The Association of Condominium Managers of Ontario (ACMO) lists other reasons, for instance, widespread misunderstanding of the specific role managers play in their communities. These pressures and lack of support are causing them to leave the profession, which is unsustainable amidst a condo building boom.

Right now, there are about 250 0 general licensees in Ontario and 12,700 condo corporations. The Condominium

Management Regulatory Authority of Ontario (CMRAO) found that as of March 2023, the number of managers who decided not to renew their license rose 107 per cent from 2022.

“I certainly know quite a few managers who have been forced out of their jobs,” says Atha. “Some have relocated to a different management company and different site, but to the best of my knowledge, they’ve all been excellent managers.”

In the past year, the issue of manager harassment has taken on a new tone; many people are sensing a shift or, at least, more fire behind the cause. This is partly attributed to the Condominium Authority of Ontario’s (CAO) new template for an anti-harassment rule that corporations can implement in their communities.

This draft rule is a tool among many that leading condo associations have been pushing for as part of a joint industry initiative to create resources and educational opportunities, and propose legislation that addresses violence and mental health in communities.

Atha would also like to see changes with the CMRAO regarding frivolous complaints.

24 CONDOBUSINESS | Part of the REMI Network

Currently, filing a complaint about a manager on the CMRAO website requires no more than a text box of words and little effort.

This can make it challenging to distinguish a baseless complaint (say, rising condo fees) from one more serious. “Of course, people should have the ability to complain about managers, but it is used as a threat in our industry a lot,” she adds.

To eradicate workplace harassment, besides policies, ACMO is looking to boost education and training and establish clear communication channels among owners, directors, and managers.

Effective communication takes many forms. “As a policy in our firm, we encourage written communication from owners and residents either by filing a service request or by sending an email because I want to paint the trail of what they’re asking for so we can make sure we deal with it and respond and we have a record that we responded,” she says.

Understanding the responsibilities of a manager comes with educating boards about specific roles and set workplace hours, as well as educating newer industry managers to value their time outside of work, and that intimida-

FEATURE tion by a board is unacceptable, which often comes with support from management firms.

“In most workplaces there are other people around to witness behaviour,” Atha observes.

“If someone is going to stand at your desk and scream at you, other people will see that, but often in condo management there’s no one around.”

Relieving the pressure There seems to be a consensus around finding solutions that alleviate pressure on all condo relationships, and for good reason.

“I’m seeing more and more court applications seeking orders to terminate tenancies or orders for owners to vacate and sell their units, all relating to conduct that would best be summarized as harassment,” Jason Rivait, a condo lawyer with Miller Thomson LLP, said during a recent panel discussion at the Condo Conference on November 17.

In some cases, he says harassment can be a pattern of small issues that happen over an extended period of time. A workplace violence and harassment policy is now a must. Condo corporations can also look at passing civility rules that provide a means for enforcement.

William Choi, a board rep, said new board members should also be asked to sign a code of ethics that sets the stage for their conduct.

To help ensure that a positive relationship transpires between the board and manager, clear expectations should be established in writing. Eric Plant, founding partner at Brilliant Property Management and the current president of ACMO, said this should happen instantly upon meeting a new manager or management company.

When boards and managers change, there could be a clash in personalities.

“An abrasive board president may not pair well with a sensitive manager just as an oldfashioned manager may not work well with a young and tech-savvy board member,” he said. “While the style of the board might not be a perfect match, at least the expectations are there and both sides can work on that common ground.”

In the event of discord between effective but different personalities, one approach is to appoint a board liaison who acts as a bridge between management and board, suggests Plant. This is to be used with caution, but can work well in particular cases. Either way, as in all constructive relationships, open communication should be a part of a community's culture. “Both parties need to understand a disagreement is not an argument,”

he added. “Most of the time problems can be solved amicably with some give and take on both sides.”

An evolving role Even in communities with few conflicts, a manager’s role is often misunderstood, especially with an influx of new owners, many of whom may not read the welcoming packages, which include the condo’s declaration, bylaws, and rules.

“Residents often think managers are making these rules,” said Tania Haluk, vice president of operations at Wilson Blanchard Management. “The board actually has the duty to enforce the condo documents and they do that through their managing agent. It’s a matter of getting that understanding and expectation out there to make sure people aren't stepping over the line before it’s too late.”

Being contacted outside of work hours or for issues outside of a manager’s mandate continues to be a source of contention.

“Decision-making should only happen at duly constituted board meetings,” she said. “It’s really hard when you’re a site manager and you're accessible all the time.”

Custom Corporation Health & Safety Policy/Program Online & Onsite Safety Training

TICKNER SAFETY

It’s also good practice to review the management contract. “If the board has decided to pay for part-time management, they need to understand what that means with respect to accessibility and availability [and] when it's appropriate to be reaching out or not.”

There are good reasons why managers may be setting more boundaries these days.

The Condo Act, for instance, has made way for heavier workloads. “There are a lot more administrative requirements and deadlines and prescribed forms we’re responsible for,” Haluk said. “And that's what we build into our contracts when we are deciding how much time a community needs and how we allocate that time as a manager who is assigned to a site.”

Given the wide gap between licensed managers and condo buildings, many believe a culture shift in the workplace will create a more sustainable industry overall.

“We have to raise the bar; we have to demand respect and expect respect, which is kind of a new concept in this industry,” says Atha. “Part of that is standing up for ourselves as an industry, explaining we’re professionals and that we have standards in the way we expect to be treated.” 1

Workplace Compliance Audits Workplace Investigations WSIB Inquiries

info@ticknersafety.com TicknerSafety.com

www.REMInetwork.com | Winter 2023 25

MANAGEMENT

MULTIFAMILY LEADS UPTAKE OF EV CHARGER FUNDS Newly released audit deemed relevant for next rounds of federal subsidy program

Condominium corporations and multifamily landlords

have claimed more than a third of the funds the Canadian government has thus far allocated through its Zero Emissions Vehicle Infrastructure Program (ZEVIP) to subsidize EV chargers that are made available to multiple users. That’s largely because applicants from the multifamily sector were the most proactive among the four groups ZEVIP targeted in an effort to spur installation of 33,500 charging ports by March 31, 2026.

N

ewly released audit findings conclude that N atural Resources C anada (NRC an) — the federal depar tment overseeing the program — is on track to meet that target, but could do more to reach regions and user groups where there has been less uptake. That advice is considered pertinent to NRCan’s joint mission with Canada Infrastructure Bank (CIB) to disperse funding for a further 50,000 EV chargers to be installed by March 31, 2029.

The audit was tabled in the House of Commons in early November as part of the Commissioner of Environment and Sustainable Development’s mandate to scrutinize and provide objective analysis of federal policy and programs related to environmental protection, climate change action and fostering sustainable development. Other associated recommendations for ZEVIP call for: greater attention to post-installation operations and maintenance; improved collection and disclosure

26 CONDOBUSINESS | Part of the REMI Network

of program data; more explicit delineation of NRCan and CIB’s quotas for their shared mandate; and a streamlined application process.

“A number of improvements have been made or are underway to improve the program,” Canada’s Minister of Energy and Natural Resources, Jonathan Wilkinson, promised in response. “Work is already underway to address charging infrastructure gaps and identify targets focused on charger use types that will be in place in 2024. Additionally,

SUSTAINABILITY

Trust.

Mechanical & Electrical Engineering Electrical Di stribu on Upgrade s designed for your building

Peter LaForme 416.443.9499 | info@mcgregor-allsop.com 1 Concorde Gate, Suite 808, Toronto, Ontario mcgregor-allsop.com

McGregor_Condo_Fall_2023.indd 1

2023-08-03 12:30 PM

work is being done to strengthen tracking and reporting to ensure the program is working as intended.”

On pace to 2026 targets with procurements to 2029 in progress ZEVIP was announced in the 2019 federal budget, with an initial allocation of $130 million toward funding 20,000 charging ports.

A further $150 million was unveiled in the 2020 fall economic statement to underwrite another 13,500 chargers. This funding has now been committed through various rounds of requests for proposals (RFPs), and 6,654 or about 20 per cent of the chargers were installed and operational when the audit was conducted at mid-year 2023.

The government’s ZEVIP expenditure of nearly $266 million up to July 2023 is calculated to have spawned an additional $461 million in spending on EV charging infrastructure. Nevertheless, the auditors caution that should not all be attributed to the private sector since some of it comes from other public sector investors such as pro-

www.REMInetwork.com | Winter 2023 27

SUSTAINABILITY vincial/territorial and municipal governments and publicly owned utilities.

NRCan is continuing to allocate a subsequent $500-million pot of funds announced in the 2022 federal budget. In his response to the audit, Wilkinson reports that about 45,000 charging ports have now been procured through all iterations of the program.

Project proponents can receive up to 50 per cent of the costs of installing Level 2 or Level 3 EV chargers, to a maximum of $10 million. Four types of locations qualify: • public parking places, which can be either publicly or privately owned, and include street parking and parking areas at commercial, community and institutional venues; • workplaces, in which EV chargers are reserved for employees during working hours, but may be available to the wider public at other times; • multifamily buildings with at least three storeys and 6,540 square feet (600 square metres) of floor area; and • parking areas for vehicle fleets.

Applicants directly to NRCan are asked to submit project proposals valued at a minimum of $100,000. However, ZEVIP funding is also dispersed through a number of third-party delivery organizations, which serve as aggregators of smaller projects.

As of July 2023, the audit reveals NRCan has directly channelled about 34 per cent of ZEVIP funds to multifamily buildings to subsidize installation of 11,513 charging ports. Some landlords and condo corporations may have alternatively received their ZEVIP subsidies through third-party delivery agents.

THE OLDEST AND LARGEST HIGH-RISE RE-PIPING COMPANY IN ONTARIO Kitchen Stack Domestic water, Pressure Heating and Cleaning Cooling Systems Re-piping

Epoxy Lined Piping Replacement Specialists

416-789-7611 www.jermark.ca

28 CONDOBUSINESS | Part of the REMI Network

Thus far, NRCan has dished out the second biggest piece of the funding pie (31 per cent to support 10,479 EV chargers) to such organizations, but there is no breakdown of the property types receiving subsidies through this route. Meanwhile, public parking places account for 18 per cent of funds NRCan has directly allocated, underwriting 6,133 charging ports. The remainder is roughly split between workplaces (2,958 charging ports) and fleet parking (2,804 charging ports).

Regionally, 87 per cent of ZEVIP funds have flowed to three provinces: Ontario, British Columbia and Quebec. The auditors acknowledge that’s related to the profile of program applicants and reflective of areas where there is a greater concentration of electric vehicles. Notably, 95 per cent of the roughly 250,000 EVs on the road in Canada in 2021 had a home base in Ontario, B.C. or Quebec.

Some program adjustments recommended Nevertheless, the audit critiques the lack of specific targets for “equitable distribution” of the funding given that the other seven provinces and three territories represent 25 per cent of the population. “The project assessment process did not include weighted criteria to favour projects in rural, remote and northern areas or other areas, such as lower-income communities that may have significant gaps in charging infrastructure,” it states.

The auditors also suggest that performance criteria for equipment and installations could be more rigorous than ZEVIP’s two stipulations that it be certified for use in Canada and comply with applicable building and electrical codes. They point to Quebec’s provincial subsidy program — which includes requirements for operability of payment mechanisms, pricing displays, contingency for internet outages and site lighting — as a possible example, and suggest potential additional measures related to accessibility, snow clearance and protection against adverse weather and convenience for users. They also cite examples of standards and regulations for the reliability of public EV charging infrastructure in other jurisdictions, such as California and the United Kingdom.

The audit commends NRCan for awarding merit points to project proposals that include operations and maintenance plans, but criticizes the one-size-fits-all assessment criteria. “Charging ports intended for public use do not serve the same needs as those for multi-unit residential buildings, workplaces or fleets. Some tailored criteria could have been used in the applications for each stream to help encourage project proponents to better meet the unique needs of their intended users,” it states.

Prospective applicants may also be interested in recommendations for speeding up the review and approval process. The auditors critique ZEVIP’s over-reliance on manual data entry and underscore that turnaround times for decision-making have thus far lagged well behind the government’s service standard of 100 business days from the application deadline. However, they note that the department is implementing an automated information technology system to improve efficiency, which NRCan projects will be fully operation by late March 2024.

Wilkinson confirms his department is in agreement with all the audit’s recommendations. “I am grateful for the Commissioner of the Environment and Sustainable Development’s report and his continued efforts to help the Government of Canada remain accountable as we work to achieve our ambitious objectives,” he maintained. 1

Construction Talent Services the following industries:

Construction, Architecture, Real Estate, Property Management and Engineering At Construction Talent Services, our sole purpose is to recruit high-performing career professionals for our clients. Our focus is on attracting top talent across North America, and we provide support to companies and their teams in their hiring efforts.

Contact Mich Ward at:

(647) 981-7461

mich@constructiontalent.ca linkedin.com/in/mich-ward-46245410b

YOUR GTA PAINTING CONTRACTORS

Our estimate process is quick, Easy, Thorough and Precise.

We do both Commercial & Residential Painting Services in GTA, ON • Residential Interior • Residential Exterior • Commercial Painting

• Vinyl Siding • Brick and Masonry • Deck Staining

• Power Washing • Epoxy Coatings • Office Spaces

CONTACT: 647-546-4053 | kcbrown@elitetradepainting.com www.REMInetwork.com | Winter 2023 29

GREEN STREAM

Considering embodied carbon in building envelope repair work

Condo owners now

have the

BY JACK ALBERT opportunity to understand the embodied carbon impacts of capital replacement work at their buildings.

E

mbodied carbon refers to the carbon emissions produced during the life cycle of a building material and can include: raw material extraction, manufacturing, transport, installation, and end of life recycling/disposal.

Think of it as the carbon that is baked into a product such as a window, rather than the operational carbon used to keep the heat and lights on.

A significant proportion of embodied carbon can be found in a building's initial construction so it is important for buildings to be long-lasting to maximize the investment already made.

Why does it matter?

The built environment contributes a staggering 40 per cent to global CO2 emissions annually. Out of this, buildi n g o p e r a t i o n s a c c o u nt fo r 2 7 p e r cent, with embodied carbon following closely at 13 per cent and rising. For newer high-performance buildings, the embodied carbon can be as much as 4 times greater than the operational carbon.

While the operational emissions from building power usage have been the focal point for years (think lighting and HVAC retrofits), the industry is shifting

30 CONDOBUSINESS | Part of the REMI Network

focus toward the often-neglected contributor of embodied carbon.

The reason for this shift in attention is twofold: • A s fuel is switched to cleaner energy sources, the relative contribution of embodied carbon to the total carbon footprint increases; and • The immediacy of the emissions from building materials—released during extraction, production, and construction phases—means that they have an immediate impact on our environment (the impact is more front loaded).

DESIGN & RENOVATIONS

Informed decisions The costs of replacing major components of a condominium are neatly laid out in the reserve fund study report. But what are the associated carbon impacts of that work? And are there options that would be more or less beneficial to the environment?

The largest proportions of embodied carbon are typically found in the structural and building envelope components (see following table). For many corporations, these are also the two largest areas of expense in the reserve fund study (think roofing and window replacements, and garage and balcony repairs).

Materials with high embodied carbon Concrete: Often used in construction, its production emits a large amount of CO2.

Steel: While recyclable, its initial production is carbon-intensive.

Aluminum: High energy requirements for production result in significant carbon emissions.

Strategies for carbon-conscious construction Condo corporations can play a pivotal

role in determining a project's carbon footprint by setting goals and choosing sustainable materials and methods.

Here's what can be done according to industry experts: • Designing for extended building lifespans and future adaptability, • Using lower c arbon products and materials, and • Implementing innovative construction techniques to reduce carbon intensity.

A word of caution Refrain from choosing products sole ly because they appear to have low embodied carbon. For example, putting wood windows in a 30 - storey tower rather than more common aluminum windows could reduce the embodied carbon of the replacement work by 2 times, but if those windows only last

20 years rather than 40 years, you are actually using more carbon. And if the wood windows cost more or require more maintenance, the corporation may fall into a weaker financial position in the long run.

Even if reducing carbon is a primary goal for owners, it is essential to consider all aspects of the work and to consider them over the life of the building or element. These include: cost, performance level and durability, maintenance requirements, and carbon impact.

R e s o u rc e s are n ow av ail a b l e fo r sav v y owners to understand the carbon impacts of different design choices when completing building envelope capital replacement projects or upgrades.

This can be another tool to suppor t smart decisions for those looking at the long-term. 1

Jack Albert, P.Eng., is a project engineer with Read Jones Christoffersen Ltd (RJC). Jack is a member of the Ontario Building Envelope Council, RCI, CAGBC, and, as well, is an accredited Green Roof Professional (GRP) and LEED Accredited Professional. Over the past decade, Jack has completed numerous projects involving window and roofing replacement, building envelope testing, and thermal modeling of building envelope assemblies.

www.REMInetwork.com | Winter 2023 31

BUYING INTO A COMMUNITY

Mortgage considerations for new and existing owners of Ontario condo properties

When you buy a condo, you buy into a community. While the monthly

BY JASON ANBARA

fees and mortgage process can differ slightly from traditional property ownership, condominiums are an opportunity to grow

with your community and have a say in maintaining the structure, amenities and more.

F

or prospective buyers, knowing the associated fees, benefits, and regulations related to condo living while having the right mortgage will be crucial in setting you up for success.

Conversely, existing condo owners consider refinancing their mortgages to access the equity in these high-value properties to pursue other real estate ventures.

For new buyers Understanding condo mortgages Given the booming condominium market in Ontario, you may be looking to mortgage a resale condo or a pre-construction condo.

Once a substantial down payment is saved, you can start looking at condos that fit your needs.

As with any home purchase in Ontario, a minimum of 5 per cent of the home’s purchase price is required and will have the added cost of mortgage insurance. A downpayment of 20 per cent qualifies the buyer for a conventional mortgage from banks and lenders, which omits the added expenses of mortgage insurance and automatically puts more equity into the condo.

Any condo mortgage will require a credit check, income history, proof of employment, documentation of your debt-toincome ratio, and proof of down payment.

Lenders differ in exact qualification requirements, so finding the right loan will likely require the help of an experienced mortgage broker.

32 CONDOBUSINESS | Part of the REMI Network

Understanding the different properties Co-operative properties When shopping around for condo properties, you may also come across the more affordable cooperative option, which divides ownership by members to share responsibility for the property.

These housing agreements tend to require a hefty downpayment of at least 20 per cent and, in many cases, even more.

However, as an owner, you do not hold the ownership title to a specific unit and may require joining a blanket mortgage with support from secondary financing.

Usually, prospective co-operative buyers must use alternative lenders for this financing. It is essential to know the difference

FINANCE

between cooperatives and condominiums as the mortgage approval and application process is very different, each with its own benefits and drawbacks.

Pre-construction vs. resale condos As a prospective buyer or investor, you have the option of purchasing directly from a developer while the unit is in the preconstruction stage or purchasing a finished unit from an existing owner. Either way, in addition to mortgage options, consider the amenities, condo fees, status of the reserve fund, age of the building, and new home warranty information.

For pre-construction condos, there are more risks to buying, and they require an intensive review of documents related to the purchase agreement and sale and disclosures. Pre-con mortgage approval can be completed as early as 2 to 3 years before the project is finished and ready for move-in. However, closing on the property will happen down the line once the building is registered.

A resale condo follows the same procedure as purchasing any other existing property for sale. Except when purchasing a lived-in unit, you have the added resource of an existing board of directors who can provide you with more information about fees, life in the building, and the financial health of the condominium so you can make the purchase decision best for you.

For existing property owners Condo refinancing For existing condo owners, you can refinance an existing mortgage to lock in a lower interest rate, access equity to secure a new investment, or improve your existing property.

A top consideration for refinancing property is the associated fees for breaking a current mortgage contract and the closing costs of a new one. However, usually, these costs outweigh the fees, especially if you can refinance at a lower rate, secure equity, and invest in a new rental property that can make you money in the long run.

As the condo market flourishes in metropolitan hubs such as Toronto and Ottawa, there is no better time for existing condo

owners to infiltrate the property rental market. As these properties increase in value, it is a great time to consider liquidating equity. This can be done in a couple of different ways, including: • Home Equit y Loans: a lump - sum payment or home equity line of credit (HELOC) is one borrowing mechanism that allows homeowners, including condo owners, to access up to 80 per cent of the appraised property value.

• A cash-out-refinance: This allows you to replace your existing mortgage with a larger loan and access up to 80 per cent of equity. Payments for the new loan may also be larger because you are borrowing more.

Condo shopping for investment properties Whether you have saved up for a healthy downpayment or liquidated equity on an existing property, investing in a condo to become a landlord is an excellent way to diversify assets. With the correct mortgage rate and terms, you can cover all associated condo fees and make the investment property work.

Leveraging real estate investments such as condos requires less cash flow than one may assume. Properties up to $500,00 will require a minimum of 5 per cent of the purchase price, while anything between $500,000 to $1,000,000 will require 10 per cent down.

The benefit of putting less down for prospective investors is that the interest acquired can be deducted from taxes for rental properties in Ontario. Additionally, some initial closing costs and feeds related to mortgaging the rental property may be eligible for deductions.

Assessing the financial health of condominiums The financial health of your condo is a measure to assess the quality of the investment and whether the fees charged to residents adequately cover any issues that may arise in the future. Higher condo fees are not necessarily a bad thing as they assume a well-established reserve fund.

This fund is an accumulation of a portion of fees from condo owners that are designated to be used to finance any non-routine

repairs the property requires. This fund will be used toward fixing and replacing shared amenities such as the building’s security system or parking areas.

The reserve fund metric is vital for any prospective or current buyer to assess, usually through a reserve fund study, which determines what amount should be in the fund given various structural aspects of the building. If an up-to-date study is not readily available from the current board of directors, consider having a third-party architect or engineer review the structural soundness of the property and determine whether the fund is up to par.

Enlist the help of experts The condo board A condo manager or director serving on the board acts as the go -to resource for residents and prospective buyers inquiring about living or investing in the building. Not only do they need an up-to-date understanding of the financial health of the condominium, but it also plays a role in addressing tenant concerns. Good oversight and timely management of maintenance concerns make the condominium a more attractive investment for investors and individuals looking to live there.

Mortgage brokers Whether you are looking to buy your first condo, refinance an existing property, or invest in a condo to turn into a rental, consulting with an experienced mortgage broker is the best way to get unbiased information about all the leading solutions available to you and to help decipher the terms and fees associated with your potential purchase. Brokers in Ontario are free to work with and will be a valuable resource for your next venture in the condominium world. 1 Jason Anbara is the number one Mortgage Alliance broker in Canada. He comes from a background in finance and commerce, spanning over 18 years and has over 10 years of experience in private lending. He is also the President and Founder of NorthLend Financial, a top- of-the-line Mortgage Administration in Ottawa, Canada.

www.REMInetwork.com | Winter 2023 33

A GEM FROM THE ’70S

Lobby refurbishment brings decades-old design into the modern era

T he Bi rc hes is a 16 -store y c o n d o i n t h e Dor set Pa rk

BY ANITA WIKLÉM

neighbourhood of Scarborough. When it was built 48 years ago, it was a showcase of 1970’s-era design, with earthy

colours, bold patterns, and even a groovy conversation pit.

34 CONDOBUSINESS | Part of the REMI Network

DESIGN & RENOVATION

FROM CONDO BOARD TO INSULATION BOARD

WE HAVE YOUR BACK Our clients know that one-stop-shop building expertise is at their fingertips. From performance audits and assessments to full construction packages, we’ll get it done.

www.pretiumeng.com

A

s the years passed, design elements were removed and added, giving the lobby a dated look. The space needed a refresh, and the board of directors and owners were ready to transform it into a modern, welcoming, and stylish space.

Honouring the original architecture and building envelope, the condo was perfectly primed for a ’70s revival.

The primary goals among the owners were to keep the building secure and add privacy. The street entrance doors have been replaced with sliders into the vestibule and the intercom system and a single-latched door connecting the vestibule to the lobby offer security and ease of access for residents. A new privacy screen with a semiopaque tree branch design subtly reflects the condo’s name while hiding the elevator lobby that was once visible from the street.

The tired travertine that had blanketed the lobby is now covered with a clean, warm white porcelain slab that echoes the grandeur of the original stone with a light, modern spin. The striped pattern of the

CONDOLAW.TO 2300 Yonge Street, Suite 2900 Box 2384 Toronto Ontario Canada M4P 1E4

T F w

416 489 5677 416 489 7794 condolaw.to

With over 30 years of experience in condominium law, DSFM is legal consel to over 500 condominium corporations, as well as condominium purchasers and homeowner groups, across Ontario.

www.REMInetwork.com | Winter 2023 35

DESIGN & RENOVATION

porcelain tile on the floor adds movement and a touch of luxury and elegance.

A low dividing wall that once barred access to the sitting area was removed to alter the flow of resident traffic and create a grand, open feeling. The built-in seating, while in step with a '70s vibe, did not reflect a modern sensibility for condominium living.

An original curved feature wall is the star of the lobby and key to making an engaging first impression from the entryway. Before the renovations, the wall seemed hidden behind an unremarkable paint colour and outdated fireplace insert. A rich, dark paint colour and a modern, low-profile fireplace

have revived the wall into a simple, bold statement piece.

A circular rug and ceiling feature, which reference the curved wall, anchor the lobby seating, which is graced in soft, neutral tones. A sleek coffee table and a console with a mix of metal and natural stone finishes bring texture and interest.

To update the lighting, energy efficient and stylish options replaced antiquated fixtures. A chandelier suspends over the seating area to unify the setting and ensure well-distributed illumination throughout the space.

The design team opted for neutral colours like grey, ecru, and white to produce a bright

KNOWLEDGE LOOKS GREAT ON YOU. SCAN TO SUBSCRIBE.

Join the community and leverage our award-wining insight.

Visit us at:

www.reminetwork.com

36 CONDOBUSINESS | Part of the REMI Network

Powered by:

and contemporary atmosphere. Adding powerful accents with dramatic 1970’s brown tones and subtle pops of colour in the artwork creates visual appeal. Accessories with various finishes and textures infuse character and warmth into the space.

All of these elements bring the design together with a renewed, sophisticated ’70s sensibility. “We’ve had only good feedback from the owners,” says Dave Franklin, president of The Birches board of directors.

“They can’t believe it’s the same place. The end result is exactly what we wanted at the beginning of the project.”

The updated lobby now feels cohesive and inviting and offers a contemporary and practical area for residents and guests, while maintaining the building's functionality and security. 1 Anita Wiklém, ARIDO, IDC, NCIDQ, is the CEO and Creative Director of The Wiklém Group of companies, Wiklém Design inc. and Wiklém Design+BUILD inc., an award-winning Toronto firm specializing in condominium common area refurbishment (www.thewiklemgroup.com). She can be reached at anita@thewiklemgroup.com or 416-934-9161, extension 101.

THE OLDEST AND LARGEST HIGH-RISE RE-PIPING COMPANY IN ONTARIO Kitchen Stack Pressure Cleaning

Domestic water, Epoxy Lined Heating and Piping Cooling Systems Replacement Re-piping Specialists

10 year warranty on full building re-pipes

416-789-7611 www.jermark.ca

www.REMInetwork.com | Winter 2023 37

NEW AND NOTABLE

MULTI-RES PLANS FOR OLD SCHOOL SITE Minto Communities is transforming the former Viscount Bennett High School site in Calgary into green space and multi-unit residential buildings that connect to the community of Richmond Knob Hill.

The developer acquired the property from the Calgary Board of Education earlier this year and is referring to the project as 2501 Richmond. The redevelopment plan envisions a variety of housing types with 2,500 residences close to employment and education hubs.

Calgary is expected to outperform Alberta, with its growth rates ranging between two to 2.5 per cent through 2026. The city is on target to add about 68,000 new residents this year, translating into a demand for roughly 22,000 residences.

“Calgary’s estimated population is growing at the fastest pace among major metropolitan centres with a 4.7 per cent increase compared to this time last year,” says Jackson Cornelius, lead economist, M3 Development Management Ltd. The design will bring three distinct and connected open spaces for year-round use.

“The 2501 Richmond site is one of very few re-development opportunities of this scale within Calgary’s established

communities and is centrally located along a transit route,” says Kathy Oberg, managing partner with B& A Studios.

A land use re-designation was submitted on November 15.

Work is expected to begin in 2024.

Conceptual Rendering - Minto Communities' re-development proposal for the 2501 Richmond site. Rendering Subject to Change. Courtesy of Minto Group.

CONDO OF THE YEAR

Number One York Quay, located at 77-99 Harbour Square and managed by Del Property Management, was awarded with the Condo of the Year (COTY) Award for 2023 by the Canadian Condominium Institute Toronto and Area Chapter (CCI Toronto).

Since 1991, Number One York Quay has been one of Toronto’s iconic condo buildings, with two towers (39 and 40 storeys) and 812 waterfront condos.

38 CONDOBUSINESS | Part of the REMI Network

The board of directors and management hold regular townhall and owner and resident exclusive meetings for the purpose of educating owners on current issues and projects and assisting in creating a great community.

The community also organizes several social events, including an Annual International Women’s Day party and Pride Month celebrations. The board and management team have also undertaken several proactive projects, including flood protection measures, ensuring the safety and security of residents, and reducing the environmental footprint of the property.

“From the dedicated Board of Directors, determined Management team, hard working employees and amazing owners and residents, it truly is a team effort to be recognized for such a prestigious honour,” said property manager Lubko Belej.

CCI Toronto hands out the award every year. “Our selection committee was impressed with your exquisite grounds, phenomenal views, recreational facilities, inclusive community, and your continuous commitment to making your building more energy efficient,” stated Lyndsey McNally, CCI Toronto President.

L andmark II of Thornhill, managed by GPM Proper t y Management Inc., received an Honourable Mention as the runner-up.

THANK YOU TO OUR CLIENTS!

416.321.2100 info@salivanlandscape.com salivanlandscape.com

www.REMInetwork.com | Winter 2023 39

ARE YOU READY FOR THE NEXT STEP? LET’S EXPLORE YOUR GROWTH OPPORTUNITIES

Our full suite of simple, predictable, all-inclusive financing solutions is tailored to the needs of the property management sector.

We offer financing for:

Ownership changes

Acquisitions

Real estate

Contact the CIBC property management industry team today 905 273-3584 or mailbox.nationalindustryprograms@cibc.com All programs subject to bank approval and loan amounts are subject to creditworthiness.

The CIBC logo is a trademark of CIBC.