CCI-T Condovoice Magazine - Winter 2022

Canadian Condominium Institute/Institut

Canadien Des Condominiums Toronto & Area Chapter

Unit 705, 1 Eglinton Ave. Toronto, ON M4P 3A1 Tel: (416) 840-5346

E-mail: info@ccitoronto.org

Website: www.ccitoronto.org

2022-2023 Board of Directors

PRESIDENT:

Lyndsey McNally, OLCM, LCCI

Member, Legislative, Communications Committees

Member, Social Media Sub-Committee

Co-Chair, Education Committee

Co-Chair, Conference Committee

CCI-N Liaison

CWB Maxium Financial

VICE-PRESIDENT & TREASURER:

Brian Antman, CPA, CA

Chair, Finance Committee, Member, Conference Committee, Member, Communications Committee Adams & Miles LLP Chartered Professional Accountants

SECRETARY:

Eric Lakien, MBA, PhD.

Member, CondoSTRENGTH Committee

Member, Marketing Committee

Co-Chair, Education Committee

YRCC # 798

Board Members

Francesco Deo, BA (Hons), JD

Member, Legislative Committee

Chair, Volunteer Resource Committee Deo Condominium Lawyers

Brian Horlick, B.Comm., B.C.L., LL.B., ACCI, FCCI

Chair, Communications Committee, Member, Conference Committee

Horlick Levitt Di Lella LLP

Stephen Ilkiw

Chair, Marketing Committee CondoHive / Bedford Hill Consulting

Murray Johnson, OLCM, CCI (Hon’s), LCCI

Member, Conference Committee

Member, Tarion Sub-Committee

Crossbridge Condominium Services Ltd.

Lisa Kay, BA Econ

Member, Communications Committee

KayCondoGC Inc.

Warren Kleiner, BA., LL.B.

Chair, Legislative Committee

Co-Chair, Ontario Caucus

Member, Marketing Committee

Member, Awards Sub-Committee

Shibley Righton LLP

Stacey Kurck, RCM, OLCM, CMCA

Member, Social Media Sub-Committee

FirstService Residential

Connie Pappas-Boccitto

SRS, ABR, SRES, CCSP

Chair, CondoSTRENGTH Committee

Member, Social Media Sub-Committee

Royal LePage Terrequity Realty, Brokerage

Sophia Rojenko, P.Eng

Member, Education Committee

Chair, Social Media Sub-Committee

Synergy Partners

Stephen Skolny, CAIB

Member, Education Committee

BFL Canada

OPERATIONS MANAGER - Meredith Lowry

Building on a Strong Foundation

As I write this message I’m preparing to step into the role as President of CCI-Toronto. Two years under the guidance and leadership of Murray Johnson has flown by and has been full of pandemic related challenges that Murray has navigated with calm leadership and a smile. Over the last two years, our organization (along with everyone else!) has overcome many challenges pivoting into a virtual environment.

As we look towards the next two years, the challenges aren’t finished yet. The COVID-19 pandemic has changed the way we all do business and we’re left to figure out the new way of doing things. At our Annual General Meeting, we debated the virtual vs. in person meetings for condominium corporations – an issue that still seems to be divided. At CCI-Toronto, this translates to a need to re-evaluate the way that we deliver educational programming and provide networking opportunities.

The success of the 2022 Condo Conference, in partnership with the Association of Condominium Managers of Ontario, is perhaps an indication that many are ready to return to in-person events. It was so wonderful to see hundreds of delegates and exhibitors connecting face-to-face for the first time since 2019! Early comments from those in attendance left me hopeful that we will soon put social distancing behind us and have a real opportunity to interact outside of Zoom meetings.

But returning in person is not the only challenge the condominium industry faces. Over the last 5 years we’ve really developed a sense of the role that the Condominium Authority of Ontario (CAO)

and the Condominium Management Regulatory Authority (CMRAO) play in the condominium market in Ontario. It’s important that CCI-Toronto maintains a strong advisory presence as new regulatory changes are implemented, and that our educational offerings really enhance the basic education that new condo directors receive through the CAO.

During my upcoming two years as President, I hope to ensure that CCI-Toronto remains relevant in our changing marketplace, that we develop strong industry partnerships that support condominium owners in Ontario, and that we continue to expand on the abilities of Redstone Agency to bring our organization into the future. Now that we’ve completed one year together, Redstone has begun to truly understand the needs of the organization and to provide meaningful advice on how we can best provide services to our members. I am blessed to have a professional, capable, and fun Board to work with in developing the future of CCI-Toronto.

Of course, it’s so important that while we evolve into the new normal, we maintain our strong roots and we don’t forget what has made our organization so successful in the past. So, cheers to the next two years, but also to the over 40-year history of our organization. To Murray, thanks for your leadership over the last two years and for your tireless efforts on behalf of CCI-Toronto and all it’s members!

Lyndsey McNally, OLCM, LCCI

Editor’s Message

Cooperation, Civility, and Compromise

Condominiums mean many things to different people. They may be an investment in your portfolio, trusted clients of yours, or they may be the place you call home. For everyone though, condominiums are shared communities where success is dependent on cooperation, civility, and compromise.

Between December of 2019 and August of 2020, the Office of the Auditor General of Ontario audited the performance of the regulatory and administrative bodies overseeing the Ontario condominium industry, being the Condominium Management Regulatory Authority of Ontario (CMRAO), the Condominium Authority of Ontario (CAO), and the Ministry of Government and Consumer Services (Ministry). The results of the audit were described in a final report that was released in December of 2020. The December 2020 report did not paint a pleasant picture of the Ontario condominium industry. It was provided that many of the regulatory measures in place at the time of the audit were ineffective and that many changes needed to occur to better protect condominium stakeholders.

The December 2020 report described the prevalence of serious issues in the condominium industry, such as:

• insufficient reserve fund budgeting;

• the prevalence of unlicensed condominium management service providers;

• a lack of action taken by the CMRAO on complaints;

• inadequate training for condominium directors; and

• inadequate dispute resolution processes.

To address the issues that were found during the December of 2019 and August of 2020 audit and to bring about positive change in the condominium industry, the Auditor General’s Office made several recommendations for the CMRAO, CAO, and the Ministry to implement. Those recommendations included expanding the information the CAO collects, making more data available for the public to view, increasing the jurisdiction of the Condominium Authority Tribunal (CAT), extending the length of time reserve fund studies must address, enhancing the director training program, increasing the possible penalties for breaching the Condominium Act, and setting performance related goals for the CMRAO, among other recommendations. It was clear that the overall goal of the Auditor General’s Office was to facilitate the enactment of stronger consumer protection measures in the Ontario condominium industry.

Recently, the Auditor General’s Office released a follow up report to its initial audit. The follow up report describes the progress that the administrative bodies have made in implementing the recommendations from the December 2020 report as of November 4, 2022. It was found that 41% of the recommendations made in the December 2020 report have been implemented thus far. Among the

many recommendations acted on, the CAO’s mandate has been reviewed and clarified, information is now available on unlicensed condominium management providers, the CMRAO’s procedure for addressing complaints has been revised, and the director training program has been enhanced. Alongside the already implemented recommendations, the expansion of the CAT’s jurisdiction is being further explored with a formal proposal to be presented on that matter in 2023. On another note, the follow up report states that, disappointingly, steps have not been taken to ensure reserve funds receive sufficient attention and stronger penalties have not been implemented for breaching the Condominium Act.

While not all of recommendations made by the Auditor General’s Office have been fully implemented, bringing about change requires time and effort, and with each continuing day the condominium industry continues to grow in a direction that is beneficial for all stakeholders.

Link to 2020 Report: https://www.auditor. on.ca/en/content/annualreports/arreports/ en20/20VFM_10condominium.pdf

Link to 2022 Report: https://www.auditor. on.ca/en/content/annualreports/arreports/ en22/1-10condominium_en22.pdf

Brian Horlick B. Comm, BCL, L.L.B., ACCI, FCCI

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Case Law Update

Decisions From the Courts

Toronto Standard Condominium Corporation NO. 2208 v Kaissi et al. 2022

ONCAT 92

Summary: Dangerous Dog Orders without additional evidence are not sufficient to remove dogs from condominiums.

A few whiskers have been raised from the recent CAT decision with respect to a dog which was classified as a “dangerous dog” by the municipality being permitted to stay in a condominium.

In Toronto Standard Condominium Corporation No. 2208 v Kaissi et al. 2022 ONCAT 92, the condominium corporation commenced an application against an owner seeking the permanent removal of its dog on the basis that it was a nuisance and a municipal order being issued determining it was a “dangerous dog”.

The CAT found in favour of the owner and the application was dismissed.

Adding more “bite” to the story, the owner also successfully obtained costs in the amount of $5,000.00 against the condominium which were ordered as a credit towards the common expenses attributable to the unit. Doggy-related cases are becoming common at the CAT – as of the date of drafting this article, there are 17 pet cases on the CAT’s website and, somewhat noteworthy, is that this is the only case where the corporation had to pay costs (usually the owner pays or there are no costs awarded).

Lots of issues here, but let’s stick with the big three.

ISSUE #1 – No more Section 117(1) attempts at the CAT – give it up, ‘ain’t going to happen…

The CAT has repeatedly stated that Section 117(1) of the Condominium Act, 1998 (the “Act”) is not within its jurisdiction, specifically section 1(3) of the Regulation 179/17 prohibits the CAT from dealing with applications where the issues in dispute relate to section 117(1) of the Act. These disputes are related to conditions or activities that may cause someone injury or damage to the condominium corporation’s property. Any disputes that primarily relate to injury, violence, or damage, will appear to be outside of the CAT’s jurisdiction.

The CAT stated that the condominium corporation in this case attempted to rely on the wording of section 117 of the Act without naming it and responded as follows: “[n]otwithstanding that the parties introduced evidence in this case about the Dangerous Dog Order issued by the City of Toronto, the sole focus of this case is whether the Applicant is justified in declaring the Respondents’ dog a nuisance and ordering its removal…”.

ISSUE #2 – Dangerous Dog Order DOES NOT mean automatic removal of dog

Before considering the issue of nuisance, we should first clarify what indeed is a “dangerous dog order”. A dangerous dog order will be issued in accordance with

chapter 349-15B (2) of the Toronto Municipal Code. The order includes the following:

• dog must be muzzled except when on the owner’s premises

• a warning sign must be posted on the owner’s premises

• dog is prohibited from using the City’s leash-free dog parks

• owner must obtain a dangerous dog tag

• dog must be microchipped

• City keeps a photo of the dog on file

• dog owner must ensure the dog receives socialization/obedience training within 90 days of issuance of the order.

Dangerous Dog Orders can be appealed to the “doggy tribunal” (otherwise known as 5-member board called the Dangerous Dog Review Tribunal).

Here is when things get interesting: despite the dangerous dog order being issued, and the corporation’s reliance upon same as evidence of its allegations of nuisance, the CAT found that the owner’s actions immediately upon receipt of order mitigated some, if not all, the concerns which resulted in the order.

The tribunal accepted the owner’s evidence that she immediately complied with the obedience training within 14days instead of the 90-days, the statements from an expert veterinarian who confirmed that the dog is no longer a threat, and the fact that this was the only violent incident involving this dog in the condominium.

Luis Hernandez Partner Rutherford & Mathews

Joy Mathews Partner Rutherford & Mathews

Benjamin Rutherford Partner Rutherford & Mathews

Condovoice is published four times per year – Spring, Summer, Fall and Winter, by Redstone Agency on behalf of the Canadian Condominium InstituteToronto & Area Chapter.

EDITOR: Brian Horlick

ADVERTISING: Calandra Muller

ART DIRECTION & DESIGN: Atlanta Visual Communications Inc.

All advertising enquiries should be directed to Calandra Muller at (416) 840-5346 ext. 1 or advertising@ccitoronto.org

If you are interested in writing articles for Condovoice magazine, please contact Calandra Muller at (416) 8405346 ext. 1 or calandra@ccitoronto. org. Article topics must be on issues of interest to Condominium Directors and must be informative rather than commercial in nature.

The authors, the Canadian Condominium Institute and its representatives will not be held liable in any respect whatsoever for any statement or advice contained herein. Articles should not be relied upon as a professional opinion or as an authoritative or comprehensive answer in any case. Professional advice should be obtained after discussing all particulars applicable in the specific circumstances in order to obtain an opinion or report capable of absolving condominium directors from liability [under s. 37 (3) (b) of the Condominium Act, 1998]. Authors’ views expressed in any article are not necessarily those of the Canadian Condominium Institute. All contributors are deemed to have consented to publication of any information provided by them, including business or personal contact information.

Consider supporting the advertisers and service providers referred to in this magazine, recognizing that they have been supporters of CCI Toronto.

Advertisements are paid advertising and do not imply endorsement of or any liability whatsoever on the part of CCI with respect to any product, service or statement.

ISSUE #3 – Evidence, Evidence, Evidence of Nuisance Only, Please!

The CAT struggled with contradictory witness statements which lead to considerations of possible contributory negligence issues, specifically other owners’ dogs creating the situation which resulted in the attack and the condominium’s practice of not enforcing dog rules on the common elements.

According to the tribunal, the evidence presented by the corporation was also lacking. In particular, the tribunal noted the following:

• No thorough investigation of the incident completed by the condominium corporation

• No direct testimony from the board and/or management

• No video footage

• No awareness of the Dangerous Dog Order when the board initially sent its one and only demand letter before commencing the CAT application

The Tribunal noted that this dispute may been avoided by completing a thorough investigation and providing an opportunity to mediate and/or comply before commencing the CAT application.

Although seeking an order for the removal of a pet is a serious matter, it may be easier for a condominium corporation to focus on “nuisance” rather than “danger” as demonstrated in the only two (2) successful dog removal cases at the CAT (see: TSCC No. 2370 v. Chong et al.; HSCC 490 v. Paikin).

Durham Condominium Corporation No. 142 v Glenn Auer

- CV-19-00615971-0000

Summary: Court orders are serious. An owner can be jailed if they do not comply with a court order.

142 made a motion to the court to have Mr. Auer found in contempt of the order to which he consented.

A contempt motion is very serious because court orders are serious and compliance is not optional. Contempt is considered a “quasi-criminal offence” because it is dealt with in the civil court but can result in criminal-like remedies, such as a fine or imprisonment.  Because of the seriousness of a finding of contempt against Mr. Auer, the court gave him opportunities to retain a lawyer and defend himself.  However, notwithstanding the very serious contempt motion that had been brought, DCC 142 alleged that Mr. Auer’s contempt-worthy conduct was continuing!

At one juncture, the court told DCC 142’s lawyer and Mr. Auer to appear for a hearing and to be prepared to make submissions as to whether Mr. Auer should not immediately be jailed.  Mr. Auer did not show up for the hearing, a warrant was issued for his arrest, and Mr. Auer thereafter spent approximately five (5) days in jail.

When Mr. Auer was released, the matter came back before the court.  Auer was ordered to sell his unit and to pay DCC 142 its costs of the motion.  We argued that Mr. Auer should spend further time in jail, but the court declined to order further jail time because the presiding judge expressed a concern that further jail time might slow the process of Mr. Auer selling his unit and vacating the property.

Sarros v. York Region Standard Condominium Corporation No. 1445, 2022 ONSC 5346

Summary: Mischaracterizing items as “seasonal furniture” will result in the CAT ordering those items removed. Appeals from the CAT only deal with questions of law.

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Mr. Auer was a unit owner in DCC 142.  DCC 142 brought an application that alleged he was harassing the manager and his neighbours.  Mr. Auer consented to a judgment that he would stop the harassment.

Two years later, DCC 142 alleged that the harassment had started again.  So DCC

Every now and then, condominium owners like to get cheeky when it comes to their interpretation of the rules. In Sarros v. YRCC 1145, the Condominium Authority Tribunal (CAT) considered whether gym equipment could be understood to be “seasonal furniture” for the purposes of a rule regulating what

could be placed on balconies. The CAT reasonably found that the gym equipment, specifically a structure for storing barbells and other weight-training equipment, was not seasonal furniture and had to be removed. It did not award costs to the Corporation even though it was successful.

The owner appealed the CAT’s order to the Divisional Court on the basis that it allegedly misapprehended material evidence and made a mistake in relying on a Google search that was not a part of the record of evidence at the hearing.

This all began when the owner, who happens to be a lawyer, decided to place gym equipment on his balcony to store weighttraining equipment. The Corporation’s rules strictly provided that only seasonal furniture was permitted on balconies, however, it did not define what seasonal furniture was.

When the owner was advised by the Corporation that he was in breach of the rules, he attempted to comply by “converting” the structure into seasonal furniture “by

adding a piece of wood and hanging flowers and Christmas lights from it.”

During the original CAT hearing, the owner used the definitions for “furniture”, “seasonal”, and “table” to make his case, but not the phrase “seasonal furniture”. The Corporation submitted that a Google search suggested that seasonal furniture included things like tables and chairs. The owner argued that a Google search was not conclusive on the question but did not

object to the CAT member considering it.

With respect to the first ground of appeal, the Divisional Court held that it was clear that the CAT member “rejected the appellant’s argument that by adding a piece of wood to the Structure it became a table and by using it to hang flowers or lights, it became “seasonal furniture.” Therefore, the member did not misapprehend material evidence.

As for the second ground of appeal, the Divisional Court noted that the owner did not object to the use of the Google search at the CAT hearing and commented that “it was open to the appellant, who is a lawyer, to insist on the Google search result being included in the record” and that the “argument should not be raised for the first time on appeal.”

The Divisional Court ordered the owner to pay the Corporation $3,000 in costs. It is likely that the costs far exceeded what was awarded, but unfortunately even in a situation where an owner is trying to be clever, condominiums will have to incur costs to ensure compliance with their rules.

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Mr. Auer did not show up for the hearing, a warrant was issued for his arrest, and Mr. Auer thereafter spent approximately five (5) days in jail

“Let

Howden Partner Shibley Righton, LLP

Communications

Breaking Bad Smells in Condos

If there is one thing that the Covid-19 pandemic has taught us, it is that the right to the use and quiet enjoyment of units is not a right that owners and other occupants take lightly. More people than ever before are working remotely or are otherwise at home. Tolerance for nuisances – including those created by unwanted vapours, smoke or other smells - is at a collective all-time low and correspondingly, complaints are at an all-time high.

Condominium and Statutory Restrictions on Offensive Smells

Most condominium declarations or rules prohibit odours which interfere with another resident’s use or enjoyment of their unit.

In addition, as of January 1, 2022, the amendments to Section 117 of the Condominium Act, 1998 (the “Act”) came into force. Section 117 (2) of the Act now expressly forbids any person from carrying

on activities that create certain prescribed nuisances, as follows:

(a) No person shall carry on an activity or permit an activity to be carried on in a unit, the common elements or the assets, if any, of the corporation if the activity results in the creation of or continuation of,

(b any other prescribed nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation.

Under Section 26 of the regulations1, un-

reasonable odour and smoke are among the prescribed nuisances, annoyances and disruptions.

Is there a Right to an Odour-Free Living Space?

Subject to human rights considerations, there is no right to an odour-free living environment. Rather, occupants have the right to be free from odours (including ones that arise from pets, perfumes, cleaning products, cooking, or other sources) that are substantial and unreasonable2 ,

“I love the smell of napalm in the morning…”

Robert Duval, Apocalypse Now

Deborah

an interference with the owner’s use or enjoyment of property which is both

typically either because of their intensity (i.e., how strong the odour is) or frequency (i.e., how often the odour occurs and how long it lasts).

Odours that do not meet the unreasonableness criterion are not prohibited. And although it may seem that the threshold for what constitutes “unreasonable” is subjective (after all, what smells like a pleasant fragrance to one person may be a revolting stench to another), the test is actually an objective one, though it is measured with reference to a reasonable person occupying the particular premises in question.

For example, the British Columbia Civil Resolution Tribunal recently found that it was unreasonable for the smell of boiled onions and cooked meat to waft into an owner’s suite from a restaurant in a new mixed-used condominium building3. Anecdotally, the smell was so nauseating to the owner that he was forced to sleep in a hotel.

Similarly, the overpowering smell of cat urine which was noticeable in the hallway outside an owner’s unit and emanating from the unit balcony caused the Condominium Authority Tribunal to recently deem the owner’s cat a nuisance4

Legacy Issues

Some boards have attempted to pre-empt or address complaints about smoke migration by passing rules which prohibit smoking (either tobacco or cannabis) on balconies/terraces and in suites. Can these prohibitions be retroactive? In at least some circumstances, the answer is yes.

The Court upheld this decision on the basis that the corporation had to ensure the protection of the health and safety of the owners and residents.

The Condominium Act does not impose a legacy obligation. However, it does require that rules be reasonable6. Arguably, a “no smoking” rule which does not legacy existing rights may well be found unreasonable in certain circumstances, whereas the same rule with a legacy provision allowing either temporary or permanent exemptions for existing smokers is more likely to be considered reasonable.

Consider the Source

Reducing In-Suite Stink

Suite doors in buildings should never be propped open to clear unwanted in-suite smells. Propping doors actually facilitates the transmission of odours into the building hallways and other units and common areas. In addition, and perhaps most importantly, the front door of a unit is a fire door designed to reduce the spread of fire and smoke between areas of a building. Hallways are required by law to have positive pressure (intended to push smoke and fire back into the unit). Propping open a unit door for any reason is contrary to the provisions of the Fire Code.

Rather, owners and occupants who are generating unpleasant odours should be encouraged or required where appropriate to:

i) reduce or eliminate the source of any unpleasant smells. Owner cooperation can be achieved through the normal compliance process by requiring the occupant to remove the source of the odour and, as examples, bathe their pets regularly, clean the unit, cease insuite smoking, or stop lathering layers upon layers of strong colognes;

ii) use their in-suite exhaust fans (bathroom and kitchen); and

iii) install in-suite air-purifiers to assist in clearing offensive odours.

Remember the Code

In a recent Ontario Superior Court case5, the condominium corporation passed a “no smoking” rule which exempted existing smokers. The rule provided, however, that the legacy (i.e, grandfathering) exemption could be cancelled if there were smoking-related complaints. Given ongoing complaints in that regard, the condominium corporation revoked one particular smoker’s legacy rights such that the rule had retroactive application.

Not all offensive odours in a building or condominium complex are the responsibility of another occupant. Unwanted smells, for example, may emanate from a garbage chute or trash room/area, or result from leaky common element pipes. Therefore the condominium corporation would do well to first find the source of any offensive odours at the outset, so as to determine whether it has any responsibility for remediation or repair of the common elements, including demising walls. 3The Owners, Strata Plan EPS5860 v. F.L.A. Holding Inc., 2021 BCCRT 323 4Metropolitan Toronto Condominium Corporation No. 736 v. Verstova, 2022 ONCAT 1. 5York Condominium Corporation No. 266. v. Jaromira Linhart (Ontario Superior Court) October 15, 2020

6Section 58(2) and Condominium Act, 1998, S.O. 1998, c. 19

In some cases, the offensive odours may be linked to a person with a disability, such as, for example, a medicinal cannabis user or a person with hoarding disorder. In these situations, the condominium corporation is required by the Human Rights Code to actively search for cooperative solutions that properly balance the rights of the person with the disability-related needs with the needs of others in the community, up to the point of undue hardship. These solutions will necessarily be fact-dependent and should typically involve the corporation’s legal counsel.

The overpowering smell of cat urine which was noticeable in the hallway outside an owner’s unit and emanating from the unit balcony caused the Condominium Authority Tribunal to recently deem the owner’s cat a nuisance

George Shalamay B.Sc., RCM, President and CEO CityTowers Property Management Inc.

Guidelines for Condo Board Presidents

Reuniting the Divided Board: How to Make it Work Together

A United Board Fosters a Well-Run Condominium to be Enjoyed by All

Leading a condo corporation board or working with one as a site manager is often exciting and can sometimes be challenging. The real challenge comes when you have a condo board that is divided and resembles a heated battlefield each time you have a board meeting. This can create a situation where nobody wins, leading to the loss of the condo community at large.

When the board is united and acts in good faith and in the best interests of the owners, the outcome fosters a well-run condominium corporation to be enjoyed by all.

A divided board, on the other hand, will often fail to deliver prudent direction and the condo corporation may suffer.

Signs of Divided Board

Below are some of the signs that your board is divided or, even worse, dysfunctional:

• Directors resign often and no one wants to run for a new position on the board

• Directors fail to attend meetings, or do not participate (with the recent popularity of the on-line meetings – it’s so easy to mute the microphone and turn off the camera)

• Directors come unprepared or unwill-

ing to make decisions.

• Meetings occur in an environment of hostility and distrust. Heated discussions turn into personal attacks.

• Meetings are inefficient and run long hours with few to no decisions made

• Decisions are made outside the board room and not at a duly called meeting with no professional minute-taking

• Directors meet in groups at “secret meetings”

• Directors engage in spreading rumors

and gossip, making unfounded allegations and tarnishing another director’s name.

• Manager sends a critical email requesting an urgent input or approval from the board – no response comes for days

If more than two items sound familiar, your condo community may be in trouble. Don’t lose your cool; with some commitment and dedication, your board can be put on the right track. Here are some tips on how to reunite a divided board:

Understanding Motivation

Talk to your colleagues in person, faceto-face and off the record. Hear them out and try to understand their motivations, goals and agendas. Use affirmative, sincere communication and empathize with them.

Consider what motivated your colleague to become a director. The following could be the major reasons:

• Genuine interest in helping the community. Hopefully, this motivates the greatest number of directors to run and serve on the boards!

• Thirst for power and desire to always be in charge

• Business networking

• To build character, learning opportunities or keep themselves busy

• Hidden agenda with a potential conflict of interest (e.g bringing a contractor for personal gains)

It’s not uncommon for these points to blur. Often it is the case that there are two or three reasons combined together that determine the key factors as to why your neighbor

wants to get elected and stay on the board.

Condo Comes First!

Find common ground and review your goal. Focus on a Common Vision. Suggest reviewing your condo corporation’s Mission Statement (create one if you don’t have one). All directors must be reminded that your condo corporation comes first, not personal agendas or little pond powerplays. A successful business starts with a Common Vision and Mission Statement on which all partners agree. The same applies to your condo corporation; it’s a business too. The Mission Statement of your condo corporation needs to be updated every few years to keep everyone focused and united.

Learn the Ropes

If you are new to the scene, take the CAO’s directors mandatory courses and don’t stop, continue getting educated. There are many great courses and workshops provided by CCI and ACMO. Get familiar with the statutory documents of your condo corporation: declaration, by-laws and rules. Learn about the Condominium Act and keep yourself updated on the latest trends in the industry by reading condo industry magazines (Given that you are taking the time to read this article, give yourself 10 out of 10 on this point!)

Ensuring a Productive Meeting

Come prepared for the meeting by carefully reading the meeting package sent by your site condo manager, important emails and updates, quotes and attachments. If anything is not clear, send an email to your manager and request clarifications.

entitled to chair board meetings. Your management must prepare and help conduct the meeting but should not dominate it or overpower it. Remember it is your corporation’s meeting. All board members together are hosts of the meeting, the rest are invitees. If you don’t know how to chair, allow your management to chair one or two times, then learn the ropes and chair meetings yourself.

A good chair will treat every director equally, keep everyone focused and move the flow of discussion forward towards resolution and a viable decision. At the same time, you want each director to feel that they have a fair chance to provide their input and have it considered by others. Knowing how to control that flow to keep the proper balance is what makes a President a great chair. Set a procedure to follow when the board has to make decisions with a considerable price tag or vote on serious and potentially divisive topics. Acknowledge that not every director may agree on the result of the decision, but the voting process must be respected and followed.

A Good Working Relationship Helps

Holidays and events such as Halloween, New Year and Winter Holidays are great opportunities to bring your community together, to network and to get to know each other. Use your community events to build friendly, business working relationships with directors.

If you are President of the Board, you are C V

Finally, always remember that all condo directors are the elected representatives of the unit owners who must serve in good faith and in the best interests of the corporation using expert’s advice and prudent business judgement.

Unrealistic Expectations Get You Nowhere

Unfortunately, There are Some Litigants That Have Become All Too Familiar With the Condominium Authority Tribunal (The “CAT”), But for the Wrong Reasons

Recently, Mr. Jack Gale returned to the CAT for the ninth (9th) occasion to address his 70th records request made to Halton Condominium Corporation No. 61 (“HCC 61”) since November 2017. This time he took issue with the adequacy of HCC 61’s November 21, 2021 board meeting minutes. As the resident “condo commando”, Mr. Gale was concerned that the minutes lacked the transparency and detail needed to keep unit owners informed about their condominium and its management. Mr. Gale’s complaints related to issues pertaining to grammar such as “Director” versus “Directors” and the omission of certain facts about elevator noise complaints that emerged after the meeting took place.

Ultimately, the CAT found Mr. Gale’s claims to be without merit. The CAT, correctly, found that the heart of Mr. Gale’s complaint was governance. Mr. Gale’s evidence and submissions extended well beyond the board’s minutes and were more akin to airing his political grievances about HCC 61’s decision-making, which is outside the CAT’s jurisdiction in a records case.

The CAT made three key determinations:

i) HCC 61 was not required to contain the “granular” level of detail Mr. Gale was seeking,

ii) the purpose of board meeting minutes is to accurately “document a board’s business transactions and show

how the corporation’s affairs are controlled, managed, and administered,” and iii) perfection is not the standard to measure board meeting minutes.

Once the CAT dismissed the Application for being meritless, it undertook a careful analysis to determine whether Mr. Gale’s conduct crossed the line and what repercussions should follow if it did. The CAT applied the legal test in Manorama Sennek,

v. Carleton Condominium Corporation No. 116, 2018 ONCAT 4 to determine whether Mr. Gale had become a vexatious litigant.

The CAT considered whether Mr. Gale brought the application for an improper purpose. The CAT defined an improper purpose to include “using the Tribunal to harass other parties to get what one wants or to prove a point, and to challenge the board’s authority”. After re -

Antoni

viewing the extensive evidence on Mr. Gale’s history with HCC 61, Member Sapin made a finding that Mr. Gale was at least partly motivated to bring the application to undermine the HCC 61 board and bully it into providing minutes that meet a standard of perfection he was never entitled to.

Not only had Mr. Gale admitted to engaging in a letter writing campaign against the board, he had also sent over 1000 emails containing demands for records, complaints, or to criticize the board’s decisions over the last four years. Again, this was in addition to his seventy (70)

records requests. Most notably, when Mr. Gale and HCC 61 were last before the Tribunal in a Stage 3 hearing, the Member

referred to Mr. Gale’s pattern of conduct related to records requests as “troubling” and cautioned him that there may be cost consequences if he is found to abuse the records request process in the future.

The CAT did not restrict Mr. Gale from bringing future applications, however, it did send a message in that he was ordered to pay $2,000 in costs, one of the largest awards levied against a unit owner to date. This should be a clear signal to other “condo commando(s)” out there that the CAT will not tolerate attempts to abuse its system and unrealistic expectations will get you nowhere.

Not only had Mr. Gale admitted to engaging in a letter writing campaign against the board, he had also sent over 1000 emails containing demands for records, complaints, or to criticize the board’s decisions over the last four years

Sophia Rojenko P.Eng. Synergy Partners Consulting Ltd.

Sally Thompson M.Sc. P.Eng. LCCI Synergy Partners Consulting Ltd.

Beware “Owner’s Work” A

an elevator modernization contract. These include:

• Adding air conditioning to the machine room

• For buildings constructed about 2009, adding smoke detectors in the elevator lobbies so that, upon recall, the doors do not open in a smoke-filled corridor. This often triggers the need to replace or upgrade the fire alarm panel.

• Electrical modifications including new power supply to the elevators, new lighting in the hoist way and often new wiring to the ATS to handle pre and post-transfer signaling. This can trigger replacement of the ATS and may impact the generator.

The owner opted to change to gearless machines upon modernization at additional cost.

Lessons Learned for Reserve Fund Planners

Site Description

The corporation consists of a high-rise residential building with over 200 residential units, constructed in the early 2000s.

Reserve Fund Assumptions

The reserve fund study included a budget to modernize the elevator controllers and replace the existing machines. The project budget allowed to add air conditioning to the machine room. The existing elevators were overhead, geared traction elevators. The reserve fund study provider timed the replacement of the fire alarm and the replacement of the automatic transfer switch (ATS) to coincide with the elevator modernization project.

The Reality

Elevator modernization contracts typically cover the cost of elevator work only. Modifications to other systems triggered by the work can add significant cost to the overall project. These are often concealed as “Work by others” or “Owner’s Work” in

Consider the age of the building and what related work might be triggered by modernization of the elevators. Sometimes full fire alarm panel replacement might be needed. If the panel is newer, it may have capacity or may be able to accept a “pony panel” added to the system. There may also be an impact on the ATS and generator. If no information is available at the time of your study, you might flag this risk.

Takeaways for Board of Directors and Property Managers

If you are planning elevator modernization, ask if your existing fire alarm panel and automatic transfer switch will require modification and sort out these extra costs before proceeding.

The reserve fund study covers “like for like” replacement of the common elements. Replacing the existing geared elevators with gearless elevators would be considered an addition, alteration, or improvement under section 97 of the Condominium Act 1998. The additional cost to upgrade the elevator machines to gearless would not be reserve eligible.

A Gold Standard in the

Standing at the intersection of Yonge and Eglinton with its traffic chaos, scurrying pedestrians and seemingly decades-long construction turmoil, one wouldn’t realise that the tower on the north-east corner soars not only 196 metres toward the heavens but that eCondo’s board has set the gold standard for superior governance.

TSCC 2726: CCI-T Condo of the Year Award

the Heart of Downtown

James Russell Newsletters et Cetera

A Gold Standard in the Heart of Downtown

The farming village of Eglinton, now known throughout Canada as Yonge and Eglinton once held the distinction of being one of Canada’s largest cattle grazing regions. But in addition to the presence of slow moving bovines placidly chewing their cuds, the Yonge and Eglinton neighbourhood was also the site of the 1837 Battle of Montgomery’s Tavern, a violent affair led by Willam Lyon MacKenzie that was eventually crushed by British soldiers and units of the Canadian militia.

These days the only sound of gunshots and cannons are from the discordant din of pneumatic tools and hammering rising from the ditch that will eventually become the Eglinton station of the Cross Town LRT.

Completed just three years ago, eCondo an ivory-white and steel-gray towers strike a majestic profile amidst the monoliths that populate Yonge and Eglinton. The residents occupying eCondo’s 646 units have available to them an impressive array of amenities, including their indoor eInfinity pool, state-of-the-art gym, bike storage, media room, BBQs, four luxurious guest suites, recreation room, party lounges, yoga studio, dining rooms with full kitchens and a roof-top deck that offers a spectacular, panoramic view of not only Toronto but, on a clear day, the milky-white mist billowing from Niagara Falls.

“We have a lot of young professionals and young families in our building,” says Yas-

min Khalegi, the Board’s Secretary. And a lot of caring residents like the good souls who came together spontaneously to form ‘The Assistance Group’ in order to help housebound residents with their grocery shopping, pet walking and picking up prescriptions during the pandemic. In a building where approximately 75% of the units are rental, that speaks well of the sense of community the Board has fostered.

“We value our community so much and even though we are a young building, a massive building with so many units it’s so unbelievable how this sense of com-

Left to Right: Samer Alameddine, Treasurer; Yasmin Khalegi, Secretary; Wiliam Choi, President

A Gold Standard in the Heart of Downtown

munity is present in our building where everyone is so respectful of each other, where everyone is always rushing to help each other. It’s one of the strengths of our building for which we really are so grateful,” adds Yasmin.

The robustness of eCondo’s fiscal and community health can be directly attributed to the devotion, work ethic and competence of its three member Board currently consisting of William Choi, President and a Board member since turnover; the Board’s newest member, Yasmin Khalegi, Secretary; and Samer Alameddine, Treasurer.

Much of the Board’s success lies in the communication established with the management team, including providing Board members with written management reports at least three days before meetings to allow the directors to fully prepare for effective meetings. The Board also makes good use of weekly 5/15 reports, an effective management tool which takes management 15 minutes to prepare and takes the directors 5 minutes to read to get up to date with operations and events of the week

Management team:

• Creates and posts two weekly ‘Know Your Condo’ newsletters that educates on such issues as fan coil filter changes, leaky faucets, rules reminders, and tips for condo living

• Posts weekly notices each Friday that

provide update information about current and upcoming projects, events and general interest matters

• Employs eBlasts and eCondo’s website to share information

The Board:

• Employs e-platforms such as WhatsApp to communicate with residents

• Provides residents with regular community surveys

• Holds regular Information Meetings and Town Halls

Given eCondo’s high percentage of rental units, the Board has initiated education sessions in the hope that informed and educated renters will be more vested in eCondo as a building and community. For owners, the Board hosts information sessions with industry experts in such fields as reserve fund contributions, budgets, insurance, and maintenance fees.

Ever cognizant of the larger Yonge and Eglinton neighbourhood, “When it comes to community relationships, that is actually something we are working on right now, to see if there are any synergies that can be formed,” says Samer.

The Board of eCondo expects, and receives, the same level of professionalism and efficiency from their four member management team provided by FirstService Residential that they expect of themselves and it is for that reason, from the very outset, the Board has laid down a set

We value our community so much and even though we are a young building, a massive building with so many units it’s so unbelievable how this sense of community is present in our building where everyone is so respectful of each other, where everyone is always rushing to help each other

Left to right: Ziad Mokhalalati, Assistant Manager; Paris Sajedi, Regional Director; William Choi, President, Yasmin Khalegi, Secretary; Mariana Hritac, Sr. Property Manager; Samer Alameddine, Treasurer; Jeff Webb, FSR Vice-President

A Gold Standard in the Heart of Downtown

Above, Back Row Left to Right: Jasmine Kaur, Ziad Mokhalalati, Assistant Property Manager; Paris Sajedi, Regional Director; Lemlem Benie, Housekeeper; Mariana Hritac, Sr. Property Manager; Jeff Webb, FSR Vice-President; George Kapasouris, Superintendent; Ariel Rosal; Assistant Superintendent

Above, Seated Left to Right: Wiliam Choi, President; Yasmin Khalegi, Secretary; Samer Alameddine, Treasurer

At Left, Left to Right: Farzad Lahouti,MBA, CCI; Samer Alameddine, Treasurer; Yasmin Khalegi, Secretary; Murray Johnson, OLCM, CCI (Hons), CCI; William Choi, President; Warren Kleiner, BA., LL.B, CCI; Lisa Kay, BA Econ, CCI

A Gold Standard in the Heart of Downtown

of priorities for management that include:

• Fee collection

• Investigate reserve fund investment

• Identify building deficiencies

• Sign contracts for various maintenance services

• Maintain curb appearance of the building

• Payment of invoices in a timely manner

• Develop strong relationships with contractors

• Identify steps for community building

• and, in the Board’s words, “Communicate! Communicate! Communicate!”

eCondo’s concierge, or their ‘Gatekeepers’ as the Board refers to their member team

of professionals, as well as their cleaning staff, is provided by quality companies: VP Protection and FirstService Services.

The Board recently hired an additional management expert whose focus is in continuing to raise the bar in community service, assisting in expeditious major project completion, and serving as eCon-

A Gold Standard in the Heart of Downtown

major projects and training the current staff to continue the vision for this corporation.”

William, the Board’s president, says with pride, “Many of these challenges are turning into our strengths because we have emphasized our weak points in terms of what those challenges were and worked continuously to improve. We pride ourselves in the ability to be agile, to be responsive. What we’ve learned as a team is to work even closer together and to bring out the best possible outcome based on our best efforts.”

The Board’s fiscal successes include:

• Applying for and receiving an energy rebate which resulted in a 31.81% reduction on their base invoice.

building, mandated ‘quiet hours’.

do ambassador, educating the team and residents about the corporation’s rules, policies, and established processes.

As with any new corporation, the first few years presented a multitude of priorities for the new Board, one of the first being their front-line staff, the other being building a strong eCondo Team. The Board and management worked to ensure that their concierges, the first and last points of contact when residents and visitors enter and exit the building, were not only reliable but caring, loyal and most of all, excelled at customer service, all essential prerequisites for creating an environment where residents feel comfortable, valued, and most of all, at home.

The Board, management, and Elia Associates, the corporation’s legal team worked together to put in place a comprehensive set of rules - an essential instrument that governs such items as shortterm rentals, pets, holiday decorations, use of amenities and, because noise complaints are frequent in any condominium

Shortly after the developer, turned over the building, mechanical deficiencies raised their ugly heads in the way of elevator failures, an inconsistent hot water supply, flooding in some common element areas, and whistling balcony panels which, not surprisingly, lacked a pleasing tonal quality.

Metropia, the developer, proud of their creation, stepped up to assist in reducing the frequency of elevator failures, corrected the plumbing issues, and quieted the balcony panels with the help of their engineers.

These were major annoyances for sure, but as consultant Claudia Damaren, RCM points out, “with every brand new building there are challenges in working together to make sure that the building is passed on properly from the developer, and that all the deficient items are addressed.” Claudia, an eCondo past condominium manager, and current consultant, goes on to add, “The board has engaged me to assist with the transition, with completing some of the

• Re-tendering the mortgage on eCondo’s four guest suites thereby reducing the interest on their payments from 6.45% to 2.89%, resulting in savings of nearly forty-five thousand dollars.

• Negotiating with their service providers to offer residents a greater range of choices and reduce eCondo’s operating expenses.

Now three years old, the Board finally has the breathing room to address the community-building, security and administrative items that were further down their ‘to-do list’. Those include:

• The installation of LCD monitors in their elevators and lobby to improve communication

• Holding many more owner and resident events.

• Special events for pets as the building has a large number of four-legged residents.

• Improving the building’s security by adding additional cameras to the existing system

• and addressing the remaining deficiencies identified in the performance audit, which involves working with the developer and Tarion.

Left to right: Samer Alameddine, Treasurer; Claudia Damaren, RCM; Yasmin Khalegi, Secretary; William Choi, President

The first thing a visitor to eCondo notices, beside their impressively designed and pristine lobby, is the building’s seamless operation. Concierge staff respond to questions with gentle smiles, cleaning staff glide about arresting intrusive LRT construction dust and dirt, and neighbours hold open doors for their neighbours. All evidence of a well-governed condominium corporation, one worthy of accolades and admiration.

“We aim to be the point of reference for all corporations in building the modern community living of today.” says William who adds, “it is a great honour to have been presented with the Condo of the Year Award. It’s something that we are very proud of.” C V

Quintin Johnstone Founder & CEO Samsonshield Inc./Riskboss Inc.

Informed Consent

Read This Before You Sign

Informed Consent - What Is It? When Should You Give It?

You are a property manager in a condominium or residential apartment building or even a commercial tower. You get a knock on the door and it is an undercover detective from the local police Drug Squad. Pleasantries aside, (s)he asks you to sign an agreement called “Common Area Surveillance Consent”.  Let’s analyze what is really being asked of you and what is the impact to you and the corporation.

The Agreement

Our sources within policing advise that this relatively new agreement is designed to assist the police in obtaining information and conduct surveillance in circumstances when sufficient grounds for a warrant are not available. For example, when there are significant complaints from residents of suspicious individuals or increased foot traffic in and out of one unit.

The circumstances in which the police would use this agreement are limited but important when they reasonably believe additional evidence will lead towards an arrest and to minimize criminal activity in a building.

These agreements are being used by police services in the GTA and assist undercover

police officers to:

• Access the common areas of the building and property including, but not limited to the lobby, elevators, stairwells, hallways, basement, and parking garage to conduct surveillance.

• Access historical CCTV audio/video of the building and property as it relates to the police investigation(s).

• Access the rooftop, utility rooms and other common areas as is required for covert surveillance.

• Obtain resident related information, such as, but not limited to, associated unit number(s), associated parking space(s), associated fob(s) used, historical fob records, and any lease / purchase agreements, as it pertains to the target(s) of active investigation(s), and any persons associated to them (e.g. guests).

Note:  This agreement does not allow police to access residential units.

To Sign or Not to Sign?

So, the big question is, should you sign the form or not?  There are several questions further explained below, but the main issues surrounding this agreement are:

• Do property managers have the legal right and positional authority to allow police into private areas of the property to conduct such work?

• Is an all-encompassing agreement appropriate?

• What is the impact to the condominium corporation (building owner) if this form is signed?

Authorization to Sign

Condominium property management companies are hired to conduct the daily operations of the condominium corporation on behalf of the Board. They are also licensed in accordance with the Condominium Management Services Act, 2015 and statutorily bound to act in the best interests of the corporation. But

are property managers allowed to represent the privacy interests of residents and by signing these agreements possibly surrendering individual resident’s rights without their prior consent?

According

to Gerry Miller, Managing Partner of the Condominium Law Firm Gardiner

Miller Arnold LLP advises that, “Property managers should never sign such a consent agreement without consulting the Board of Directors and Legal Counsel.”

Reasonable Expectation of Privacy

Canadian law allows for everyone to have a reasonable expectation of privacy in certain areas. The police agreement has nothing to do with incidents where a non-resident commits offences on private property. Non-residents committing offences have no expectation of privacy and therefore full cooperation with police should be unlimited and immediate. No agreements are required in these circumstances.

Trespass to Property Act (TPA)

The Ontario Trespass to Property Act is a provincial legislation that prohibits

unauthorized entry to private property. Unless there is an emergency or when a search/arrest warrant is obtained, police are like everyone else when it comes to entering private areas. Private areas for the purpose of the TPA, include driveways, underground parking, locker rooms, amenities, hallways, and of course, private homes.

PIPEDA

PIPEA stands for The Personal Information Protection and Electronic Documents Act.  This is a federal law that applies country wide to organizations and businesses that conduct commercial activity and, which some condominium lawyers argue, may include condominium corporations. The law affects the way organizations collect, use, and disclose personal information about individuals. Personal information includes things like Social Insurance Numbers, home addresses, dates of birth, telephone number(s), email address(es), vehicle information, etc.

There are three basic rights under PIPEDA:

1. The right to know why your informa-

tion is being collected;

2. The right to know how it will be used; and

3. The right to know who it will be disclosed to.

Part of the agreement that police use to gain access and information includes:

“Resident related information, such as but not limited to, associated unit number(s), associated parking space(s), associated fob(s) used, historical fob records, and any lease / purchase agreements, as it pertains to the target(s) of active investigation(s), and any persons associated to them (e.g. guests).”

As outlined above, there are several serious considerations involved with signing an agreement with the police. Gerry Miller comments that property managers should be cautious of assisting the police at the cost of protecting the condominium owners from breaches of their expectations of privacy. Even more reason for property managers to consult with their corporate lawyer before allowing complete and unfettered access to personal information about any resident or guest to anyone including police.

Condo boards and residents can relax knowing they have an experienced partner managing every detail of their condominium corporation or rental property.

Why is This Happening?

The criminal justice system in Canada being adversarial, requires complex levels of checks and balances in order for the system to remain just and fair. In the real world, for those who administer the criminal justice system at the street level (police), this means more and more labour-intensive and bureaucratic paperwork. The police are using this agreement and other methods to reduce the time and effort without jeopardizing the integrity of investigations and allows police a path of least resistance when trying to get information on criminals in multi-unit spaces versus the burdensome task of obtaining warrants and production orders. What this really comes down to that is that this form is a by-product of our times.

Why is This Important?

There is no doubt that cooperation with the police assists condominium corporations, property managers, and building owners to provide a safer community and remove those that negatively affect the living standards and quiet enjoyment of homes and businesses. Most people feel a moral obligation to help the police and often believe that it is in their best interests to cooperate.

For example, recent case law supports the fact that property managers do have the right to allow police into certain common areas; however, this allowance is not absolute and comes with many restrictions not outlined in the police forms provided by police. Police rely upon two stated criminal cases in support of using these forms. Both cases involved criminal cases where the accused persons lived in condominium dwellings.

Property managers are urged to search and read the findings of these judges as there are strong limitations to police using their powers outside of judicial authorization in condominium settings.

R. vs White (2015)

In this case undercover police officers entered the site without warrant and conducted surveillance on an accused person using common areas hallways.

R. vs Yu (2019)

In this case police officers did not get a warrant to install hidden cameras in common

areas (hallways) but did get permission from the property manager.

Generally speaking and based on my experience as a former police officer, I appreciate and fully understand the frustrations of police trying to catch criminals in a working environment that is perceived as less than helpful to front line officers doing all the hard work and heavy lifting. Although the process usually works very well, things can go very wrong and very quickly if the process is not managed under your direct knowledge and control.

Conclusion and Basic Guidelines to Follow

Prior to allowing police to enter your property without a warrant, regardless of whether it is in common areas, you should consider what is being done on the common elements, how long will it take, what impact the surveillance may have in your community. In addition, the condominium corporation’s lawyer should be consulted prior to signing any agreement.

Further, condominium corporations should prepare in advance for possible requests from police as noted by Gerry Miller, “[e]very condominium corporation should have documented procedures for interactions with the local police relating to police investigations in their community…...they should have a plan for these circumstances created with the assistance of their security advisers so that directors, property managers, security, concierge, and superintendents all know what is expected of them when the police come knocking.”

Is the use of such agreements legal? Yes. This is clearly supported in case law. Does it give police wide-ranging and blanket powers to conduct their business as the police agreement suggests?  Absolutely not.

Regardless of whether you agree with helping the police or not, they have a very tough job to do. Allowing police the authority to enter private property to conduct their work can have very beneficial outcomes when handled properly. Knowing your rights before you sign anything will not only greatly help the police but also help you to protect the community you serve at the same time.

Lisa Kay KayCondoGC Inc.

Decisions Underfoot

Carpeting for Common Areas of Condos

For those of you who have ever been a part of a condominium refurbishment project in your common areas, you know that the carpeting is a large part of the overall design, functionality, and cost of the project.

For the most part, the quality of any materials that condo designers specify for a condominium refurbishment are referred to as mid-grade commercial products. Which, for condos, generally means that they are durable enough to withstand multi-residential traffic without having to be replaced for about 12-15 years provided they are properly maintained. Within the spectrum of mid-grade commercial quality products, it is important to note there is a range of costing. Each product has factors that impact the cost.

Although this is more information than you need or will likely be given by a condo designer, some knowledge may go a long way in understanding why certain carpets are specified and what attributes will affect the cost, quality, and durability of a carpet.

Carpet Face Weight refers to how much a carpet’s fiber weighs per square yard; it is a measurement made in ounces. (Note - it is not necessarily true that the heavier the carpet the more durable it is). Condos can see designers specifying carpet with ounces typically ranging from 28 oz to 42 oz (under

pad can be used with some lower weights of carpet to add cushion but reduce cost compared to a higher oz carpet).  There are also some high-performance carpet products with face weights as low as 14 oz/sy that could be specified.

Carpet Density refers to how close together the fibers are stitched (or tufted) into the carpet backing. Generally, the closer the fibers the more durable and possibly more expensive it will be. A  density of 5,000 per cubic yard or higher for extra heavy traffic conditions is usually recommended.

Fibre Twist is how many times a 1-inch length of fibre has been twisted. This is not usually talked about by the carpet manufacturers – perhaps because it is too much information, but it is a factor in the durability of a carpet. The more twisted, the more durable and more costly it is. Anything above 6 should be acceptable for commercial use.

Solution Dyed or Printed are two methods by which a carpet gets its patterns and colours:

• Solution dying is the process of adding colour to the entire carpet fibre before the carpet is manufactured. The process creates the most colour fast yarn. The colour is locked in and goes all the way through the fibre. This method is more environmentally friendly than printing carpets. Although solution dyed carpets may take a little longer to produce, they are generally less expensive than printed carpets.

• Printed carpets get their colour after the carpet is made. This method can provide brighter tones and a wider variety of colours. The dye only penetrates the outer surface of the fibers. For that reason, the rest of the flooring material does not absorb the color. This method of colouring is not as eco-friendly as solution dying. Stains are also more likely to settle into printed carpets and it is generally more expensive.

Condo designers tend to specify solution dyed carpet as it is more stain resistant and less vulnerable to colour change and fading.

Design, patterns and colours for carpets are worth discussing for several reasons. Condos with a large pet community may want to choose patterns and colours that camouflage stains. More intricate patterns and number of colour palms may increase carpet costing as will print repeats as they relate to carpet widths. How carpet is laid in your condo (especially with irregularly shaped corridors and suite door drops) can also contribute to cost as well as additional boarders.

Fibre type used in carpets are synthetic fibers and natural fibres, and the various types contribute to quality and determine best use. Most commercial carpets used in condominium corridors are made of nylon, olefin or polypropylene. Though all three can be solution dyed, nylon is the most durable of the three, and though it may be a little more expensive, it is most often specified for condominiums for this reason.

Manufacturers’ warranty – typically a commercial quality carpet will have a basic warranty of 15 years provided that the maintenance manual recommendations have been adhered to.

Manufacturing methods of commercial carpets have changed since the 1950s moving from woven to tufted. Tufting essentially involves stitching close rows of carpet fiber loops through a backing material. The visible material tufts in the carpet are known as its pile.

Most carpets today use this method as it produces a durable and sturdy carpet at a fraction of the cost of weaving. Tufted carpets can be looped, cut or both.

Types of carpet include cut pile, loop pile or a combination of each. Both are used most often in condominiums residential corridors as they provide durability. Qualities of each are as follows:

Loop Pile

• fibers that are woven to loops that are attached to the back of the carpet

• excellent durability and unmatched resistance to stain, loop pile carpets are perfect for areas with high traffic

• smoother flatter texture to cut pile which makes them less resistant to signs of tracking or matting

• strands may run if pulled

Will Your Condo be t he 2023 Condo of the Year Winner?

Cut Pile

• can be tufted as cut or tufted as looped then tip sheared to create additional cut pile areas to create texture

• more luxurious appearance than loop

• generally, may not be as durable as a loop

• may be more expensive than looped given the extra step of cutting

Cut and Loop

• have the benefits and drawbacks of each category above

• provide a more interesting appearance

• potentially more expensive than just cut or just loop

Broadloom vs Carpet Tile – Generally, broadloom is used in condominiums as it provides a more residential feel. Office, amenity, and industrial spaces are usually the only areas where carpet tile is considered. Qualities of each include:

Broadloom

• greater choice of design and colour and can be customized

• best suited to larger patterns and seams are easily hidden

• can be ordered with an under pad which

provides additional plushness and with some types of backing can prevent some leakage into the subfloor

• generally, broadloom is less expensive than carpet tile, but this can be offset with the higher installation costs and additional waste with broadloom

• full sections of broadloom need to be replaced for stains

Capet Tile

• although there is considerable choice in colour and patterns, the installation and seaming can hinder the choice of design

• best suited to office, amenity, industrial space as seeming is very visible as it has an industrial look

• carpet tile is manufactured with its own integrated backing and base and doesn’t provide the cushion that broadloom with under pad does. Additional cushioned backing is available on carpet tile at an extra charge

• easy to install and easily replaced but after time a replaced tile will become more noticeable relative to the surrounding tiles

• may have less wastage for large irregular shaped corridors

Under pad affixed to broadloom at the factory, is usually recommended in residential corridors as it provides a more luxurious feel, absorbs shock, can prevent carpet fibers from breaking down and the carpet backing from stretching, therefore adding time on to the lifespan of the carpet. Some under pads can also act as a full moisture barrier. There are manufacturers that can provide a carpet product with closed cell cushioned padding that prevents moisture penetrating the sub floor which prevents it from resurfacing. This moisture barrier product is not available in broadloom carpet, typically specked for condo common areas, as it adds a great deal of weight to the product and only comes in 6ft widths.

The cost of a carpet with under pad is about 20% more than one without (for labour and material). If cost is an issue you can benefit from the plush feel of a carpet by increasing the face weight of the carpet and forgoing the under pad.

Knowing the basics of what makes up a carpet’s quality and durability in addition to the impacts of design will help you un-

derstand the factors that make up the large costs associated with replacing carpet in your condo. There are ways to modify some of these variables when budgets are tight without always compromising quality, durability, and design.

Low VOC (Volatile Organic Compounds) Industry Standard for Commercial Carpets. It is important to note, when we are talking about commercial carpeting, the designation given by the Carpet and Rug Institute (CRI) regarding VOCs in commercial carpeting products. The Green Label Plus is a designation given to carpets by the CRI, which ensures that customers are purchasing the lowest emitting carpet, adhesive, and cushion products on the market. The CRI designed the Green Label Plus program for architects, builders, specifiers, and facility managers who want assurance that carpet, adhesive, and cushion products meet the most stringent criteria for low chemical emissions. Ensure the carpets that you use have this designation.

I would like to credit Tarkett Hospitality for their contribution to this article. C V

Murray Johnson Co-Chair, Conference Committee

Reconnecting in 2022

The 24th ACMO/CCI Condo Conference

The 24th ACMO CCI Condo Conference is now in the history books. This year Katherine Gow, current president of ACMO, and myself (Murray Johnson) were the conference co-chairs and what an honor it has been! Conferences of this magnitudes take nearly a year to plan, and this year was no exception.

The Conference Planning Committee goes through great lengths to ensure this conference is most beneficial not only to our members: including board of directors and industry trades and professionals that service the condominium industry but to anyone interested to learn more about condominium living.

Attendees get the benefit of listening to knowledgeable and tenured industry specialists (presenting on important topics that affect our industry, condominium corporations and their residents) and walk a trade show floor to meet and talk with many service providers that are passionate about condominium living.

Our Condo Conference Committee (members listed below) spent countless hours over that last year to ensure:

• seminars are valuable, current and well organized,

• service providers and attendees have ample time to meet and talk with each other

• facilities are comfortable

• the sessions and trade show are easy to navigate

• the administering staff provide easy admission and available to direct and answer questions on site

Initial feedback indicates that the selection of educational topics hit the mark and delegates have shared how well prepared the moderators and speakers were. Some seminar topic highlights include:

• Rapid Fire Sessions on various topics including legislative updates, legal tips, and best practices – a lot of great information packed into a short time,

• Legal Cases – current legal disputes discussed between lawyers provide lively banter amongst the panelists,

• Effective Communication – invaluable for our multi-residential industry,

• Engineering and How to Master Reserve Fund Plans -reinforced its importance for the health of a condominium corporation,

• Employment Shortage for Staffing – a real concern for all of us,

• Working Smarter with Technology –learning how to use technology to our advantage,

• Governance and Ethics – we face this every day and there was so many more.

All provided great information, a bit of entertainment and a forum to ask questions and get some free advice!

The Trade Show was a big hit as usual with exhibitors enthusiastically putting great efforts into their booths and actively engaging with the attendees. The show floor

was buzzing with everyone reconnecting in person after three long years. A special congratulations to Shibley Righton LLB for winning “Best Booth” …. again! Over the years we’ve had some excellent Keynote Speakers and this year was no exception. Steve Patterson was at his comic best on Saturday morning. His take on condo life was bang on and his take on the Condominium Appeals Tribunal and On-Line Dispute Resolution or as he calls it CAT ODR (pronounced “Cat Odor”) will forever more be a part of condo speak.

It was plain to see that our industry is aching to get back to in-person events, and as such we hope that the number of our conference participants will keep growing. While there were a few minor hic ups (we promise to have more coffee on the trade floor next year), overall the conference went off without incident. It was a pleasure to see the hug, handshakes and smiling faces at our condominium conference once again.

Within two weeks of the conference, the conference committee meets to share experiences from a committee point of view: what worked and what didn’t. Within a few weeks of that meeting we will receive and review the delegate, sponsor and exhibitor surveys and start planning for the next conference. If you attended, we hope that you completed our survey, as it helps us make the next year better.

There were many people that contributed to the great success of our conference this year that need to be acknowledged. Our Conference Committee: Brian Antman, Ashley Chiaramida, Tania Haluk, Brian Horlick, Paul McDonald, Lyndsey McNally, Craig McMillan, Catherine Murdock, Jenny Pan, Robert Thackeray, Sean Wilde, Katherine Gow and myself Murray Johnson. A great group of volunteers whose hours of work and creative ideas helped provide exceptional educational sessions and networking opportunities for us all. The Redstone Team led by Rachel Keller, Esther Todes and Kristen Colavecchia and supported by Ashely Chiaramida did all the heavy lifting and made it happen. Their hard work, organizational skills and professionalism shone through at our conference. The Exhibitors’, Sponsors’, Presenters’ dedication to our industry, our association and the suc-

cess of our conference rides on what you provide. Thank you all!!

The ACMO/CCI Condo Conference is the largest conference and trade show in Canada dedicated to all thing’s condominium. You might say it’s the crowning jewel of the year for managers, directors, and service providers. It’s our mega networking and educational event of the year and should not be missed.

Sadly, my term as president of CCI Toronto and Area Chapter ended on October 26, 2022, meaning that I will not be co-chair next year and pass the baton to

Lyndsey McNally. I look forward to seeing you all at our conference next year and encourage you to spread the word to others that could benefit from our great event.

Keep your eye on social media and look for the announcements as details of the 2023 ACMO/CCI Condo Conference are announced. Save the dates in your outlook as we expect that 2023 will be the biggest event yet. To all that sponsored, exhibited, and registered, the Condo Conference very much appreciates your support, and we hope to see you next year. As they say in Hollywood…. That’s a wrap! C V

Lisa Kay

CCI Toronto and Area Chapter Board of Director

Tribute

Thank You to Bob Girard and Farzad Lahouti

We Appreciate All of Your Support and Efforts During Your Tenure as CCI-T Chapter Board Members!

Bob has been a longstanding member of the Board for 20 years and has been an active member of the chapter since 2002. Over his years of volunteering with CCI Toronto, he has worn many hats, such as Treasurer and Finance Committee member, Chair of the Special Projects Committee, member of CondoSTRENGTH, as well as his involvement in teaching the Level 102 condominium course for Directors for several years.

He has also been active as the creator of Condovoice’s very own Word Search puzzle, and recently, an addition to a new subcommittee, the Membership Retention sub-committee of Marketing.

Bob has been a staple of CCI-T providing his unique experience as a Condo Board Director for which he served 27 years on the Board of his condominium corporations and 25 years as President. Additionally, Bob offered extensive experience in the condominium community not only as a Condo Board Director, but also as a Property Manager. He successfully completed the RCM exam and Level 200 and Level 300 CCI Directors Courses, and attended countless CCI and ACMO seminars, luncheons, presentations and joint seminars, many of which he was a presenter or moderator.

So how can we begin to thank a volunteer that has been with us for so long we didn’t even realize his hair colour had changed! Bob you have made such a great and tireless contribution over the 27+ years with us. It is volunteers like you that allow CCIT to remain solid and grow with new volunteers piggy backing on your years of experience and wisdom. Your contribution and consistent positive demeanor will be missed. We will still reach out to you for advice…hope that’s okay.

Farzad Lahouti

Farzad joined the CCI Toronto Board with gusto in 2019. He has worked in the real estate industry as Partner & President at Laxim Inc. Developments. He is also an experienced real estate broker specializing primarily in multi-residential units and managing condo projects, such as full common area renovations, working with designers, contractors, and specialty trades. In addition to his real estate experience, Farzad had the perspective of a Board Director of YRCC 798 and Vice President of TSCC 2483. Alongside his fellow board members, they were proud recipients of CCI Toronto’s Condo of the Year Award in 2017 and Condo of the Decade Award in 2019.

Farzad was CCI Toronto’s Marketing

Committee Chair, creating impactful marketing campaigns and taking lead on invigorating our awards program. He has also been active as a CondoSTRENGTH Committee member and participant.

Most recently, after stepping down from Marketing Chair to Marketing Committee member, Farzad took lead as Chair of the Awards sub-committee, invigorating the Condo of the Year and Newsletter of the Year awards, as well as introducing the Management Company of the Condo of the Year award this year. He will continue to be involved with CCI Toronto as member of the Awards sub-committee and working to improve our awards program and introduce more awards to recognize deserving condominium community members.

Although we would have loved to have another term with Farzad on the Board, the terrific impact of his three-year contribution will remain with us for a long time. Thank you Farzad for the whirlwind of positivity you added to our team. It was a pleasure for the CCI-T board to have worked with you. We appreciate that you will still be on the awards committee but feel free to come back and run for the Board any time.

Thank you for all of your dedication and endless hours to CCI Toronto and for your continued support, Bob and Farzad!

Bob Girard

Platinum Sponsor, FirstService Residential

COST SAVING THROUGH ENERGY MANAGEMENT

The results of each review will vary and so will the projects each community chooses to take on to help reduce energy consumption. Through over 200 projects we have helped our communities save over $3M/year with an upfront investment of $6.8M and claim $1.3M of incentives which results in a return on investment in 1.9 years. We have also helped our communities take advantage of rate optimization benefits and renegotiating poor energy contracts, resulting in an additional savings of over $5.5M/year.

It’s no secret that inflation has everyone trying to sort out how to be smart about spending on necessities and where and how they can save money. The same can be said for the boards of directors at condominium corporations that have the difficult task of maintaining a certain level of service that residents have grown accustomed to and major projects including renovations that may be required in the community.

At FirstService Residential, we recommend our clients look for opportunities to offset costs through energy manage -

ment. While each community we manage is different, how we approach each site when it comes to energy management is simple. The starting point for each of our communities include:

• Historical review of energy costs/ projects.

• Strategic review of reserve fund study apex.

• Energy baseline with targeted plan for cost/energy/carbon reduction.

• Staged out energy management opportunities with transparent processes.

• Discounted EWRB reporting.

It is our years of experience and depth of resources that help us make energy management our communities’ best investment. With the support of our North American wide FirstService Energy, our energy management and advisory affiliate, we successfully help our clients enhance their building’s energy efficiency through careful consideration of all practical efficiency opportunities and providing suitable solutions tailored to each community.

Not only does energy management benefit the community through helping manage affordability, enhancing building functionality and improving the marketability of the property but it also benefits the environment. In Ontario, large buildings like condominiums account for over 20% of greenhouse gas emissions. With more regulations starting to come into play that prioritize making communities more environmentally friendly, now is the time to consider how your community is impacting the environment. fsresidential.com/ontario/ 416.293.5900

Francesco Deo Chair, Volunteer Resources Committee

Thank You to Our Volunteers

CCI Toronto Would Like to Take the Time to Thank Our Wonderful Volunteers for Their Dedication, Time, and Efforts

On September 13th, CCI Toronto was thrilled to thank and recognize our hard-working volunteers in-person for the first time since 2020. We hosted our annual Volunteer Appreciation event at CRAFT Beer Market as an opportunity for many of our volunteers to meet and celebrate our shared accomplishments within the chapter.

We welcomed around half of our volunteers for drinks, appetizers, and networking. It was a great evening to get to know one another and show our appreciation to the individuals who contribute to our success and offerings. Without the generous service of our volunteers, CCI Toronto would not have the ability to provide such value to our members and the overall condominium industry. If you’re interested in volunteering opportunities with CCI To-

ronto, please visit our website at ccitoronto.org/about-cci-t/committees to submit your application, as well as review our following committees and their mandates:

• Communication Committee

• CondoSTRENGTH Committee

• Conference Committee

• Education Committee

• Legislative Committee

• Marketing Committee

• Social Media sub-committee

• Awards sub-committee

• Membership Retention sub-committee

• Volunteer Resource Committee C V

Volunteer Appreciation Event

Welcome to Condos and Cold Ones!

A Jampacked Session of Questions and Answers That You Didn’t Want to Miss!

On Friday August 26th, CCI Toronto had its return to in-person for Condos and Cold Ones at Real Sports in Toronto. Condos and Cold Ones was an interactive session where Lyndsey McNally (moderator) asked our expert panelists Mario Deo (Deo Condominium Lawyers), Tania Haluk (Wilson Blanchard Management), Tom Gallinger (Atrens-Counsel Insurance Brokers) and Sophia Rojenko (Synergy Partners) questions about all things condos.

After the jampacked session of questions and answers about insurance, the impact of high inflation, governance and many more, attendees had the opportunity to network and enjoyed delicious food and drinks. It was an event that you didn’t want to miss!

For upcoming events, please see the CCI Toronto Events Calendar: ccitoronto.org/education-events/calendar

Odds & Ends

CCI-T Welcomes

New Members

Condominium Corporation Members:

PCC #888

TSCC # 1980

TSCC # 2834

YRCC # 751

Professional Members: Adams & Miles LLP, Chartered Deo Condominium

Rohina Hashimi

MARINUS GROUP

Mike Ferkranus

Business Partner Members:

Arguson MultiCon Inc.

Paul Clarkson

Bluemyth Technologies Inc.

Mariana Yusypchuk

CityTowers Property Management Inc.

George Shalamay

Lifeline Fire Protection

Crystal Stephenson

Marissa Management and Services INC

Lalith Ranasinghe

PuroClean Canada

Trang Le

Notable Meetings

Vivianne Collins

Individual Members:

C. Bowman

M. Byers

C. Coldea

P. Johnson

A. Montenegro

H. Muzaffar

K. Oskoui

S. Pope

E. Wrigglesworth

Our new membership year began July 1, 2022 with half-year memberships available as of January 1, 2023. If you have not renewed, or need more information, please contact info@ ccitoronto.org.

Upcoming Events:

For upcoming webinars please see the CCI Toronto Events Calendar: ccitoronto.org/educationevents/calendar

CCI Word Search Puzzle

E L T R U X I Q A B C E U E

R L C I I R E E U X N L Z A P U S L H U I N C T R

P E S C A N C P T I E E G D S A T M P S N A T C V M N A N N O N A S M P Y A N A E I C N I G N R U E

O L E W M Z A I U A X T O P S L V R E V H I I L V

C C D M Z D L R H T E I

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We Did It! The

Tania Haluk Wilson Blanchard Management PHOTOGRAPHY BY FERENAZ LALJI, FIFTH ELEMENT IMAGES

The CCI Toronto/ACMO 2022 Condo Conference really happened. After a couple of years of delays and continued planning with bets for an ‘on again’ and ‘off again’ gathering as the ever-changing guidelines spun us in circles, some were questioning whether we’d ever shake hands again – you proved that the in-person networking was sorely missed.

From the committee perspective, we were cautiously optimistic that as humans we would crave the live interaction instead of the screentime we’ve all become used to. We also leveraged the excellent topic suggestions provided by you with our goal to make it as difficult as possible to pick between content and speaker expertise from the 12 concurrent sessions. We hope we achieved this with the wide variety of relevant topics discussed.

If you didn’t make the event this year, you missed the biggest opportunity to hear from 56 industry experts, all under one roof.

If you love this magazine, the conference is a wonderful opportunity to connect with the contributors in person, in addition to all the sponsors and exhibitors. From a board member perspective, you get 2 days of access to information in one location for the equivalent cost of about an hour for one consultant – there’s no deal better than that! If you missed it, there’s always next year.

In the meantime, check the calendar on the website and take advantage of the regular events held throughout the year. After a quick breath, we’ll be back in planning

mode for next year’s conference. Our best outcome is for you to learn, network, have some fun and meet new people. We all have a condo connection in common. The passion of the presenters is a reflection of the earnest desire to share knowledge and make communities better.

We appreciate the relationship we have with our exhibitors and sponsors – it’s great to see our trusted resources and also make some new connections face to face. The value of these conversations out-weigh an email by providing an opportunity to really connect. You’ll have to attend next year to see if anyone dethrones the three-peat best booth winners of the Shibley Righton team. We would be remiss not to thank Deo Condominium Lawyers, who have been a proud partner of the conference for many

years. Their support is a great contribution to the success of the conference.

It was validating to hear how happy people were to see each other again. Screen fatigue is a growing concern, both physically and mentally. The ‘walk and talk’ opportunity between the education sessions and throughout the trade show floor facilitated the time to stretch our legs and catch up with many people.

The purpose of any conference is to bring people together to share ideas. What a great way to spend a couple of days and then go back to regular schedules/life both refreshed and excited for what’s to come from what you’ve learned.

Thank you, we did it – together!

WE CHECK ALL THE BOXES

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