Condo News - Spring 2021 by LS Graphics

VOL. 16, NO.4 | SUMMER 2012

VOL. 8 • SPRING 2021

Featured Condo... NN#151 20 John Street, Grimsby

Are You Ready to Reopen? Do You Have a Plan for Re-Opening? Bill 218: COVID-19 Liability and Condominiums What is a Condominium Policy, Program, or Plan?

New Condominium Authority Tribunal Powers Raise Concerns Condo Communications Matter… Let’s just do it.

Q&A: 5 Most Frequently Asked Questions by Boards

Maintenance Costs: Managing and Maintaining Trees When are Unit Owners in the Urban Landscape Responsible for Condo Repairs?

FEATURES 7

Are You Ready to Re-Open?

Do You Have a Plan for Re-Opening?

Feature Condo: 20 John Street, Grimsby

New Condominium Authority Tribunal Powers Raise Concerns

Condo Communications Matter... Let’s just do it.

What is a Condominium Policy, Program, or Plan?

Bill 218: COVID-19 Liability and Condominiums

Managing and Maintaining Trees in the Urban Landscape

MAINTENANCE COSTS: When are Unit Owners Responsible for Condo Repairs?

9 13 26

37 Condo News – SPRI N G 2021

SimpsonWigle LAW LLP

CCI NEWS & EVENTS 5

From the President

Feature Committee - Governance Committee

Getting to Know the Golden Horseshoe Board: Tom Gallinger

Q&A - 5 Most Frequently Asked Questions by Boards

Upcoming Events

New Member Profile - Clinicair

Welcome to our Newest Members

Advertisers Index

COMMUNICATIONS COMMITTEE

Colin Ogg

Carole Booth Board Liaison

Karen Coulter

Chair

Bill Clark

Gail Cote

Elaine Edwards

Ed Keenleyside 4

G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

Secretary

Dave Williams

From the President

FROM THE PRESIDENT

Condo News

Maria Durdan, B.A., LL.B., ACCI

is produced 4 times per year

GHC President

Summer Issue (July) Deadline – June 1st

Fall Issue (September) Deadline – August 1st

Winter (January) Deadline – December 1st

Spring (May) Deadline – April 1st Articles of interest to condominium owners and directors are welcome. See details for submissions on page 40.

To advertise contact: Golden Horseshoe Chapter of the Canadian Condominium Institute Box 37, Burlington, Ontario L7R 3X8 Tel: 905-631-0124 | 1-844-631-0124 Fax: 416-491-1670 Email: admin@cci-ghc.ca 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. 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.

t has now been a year since our new way of life began, and it has been a long year for many, for a variety of reasons. No one could have ever imagined that wearing face masks, the continual use of hand sanitizer and that answering questions as a condition precedent to entering a store, would become normal, every day occurrences. Despite having to do everything virtually, including holding our Board and committee meetings via Zoom, as well as our courses, seminars and various educational events at a physical distance – our Chapter actually feels closer than ever. Our members, including unit owners, boards of directors, professionals and business partners have engaged, communicated and contributed at an impressive rate. Perhaps an unintended, but certainly a welcome, consequence of offering everything that we do virtually, is that we have been able to increase what our Chapter offers to its members as well as enabled greater participation due to ease of accessibility. Our CondoTalk monthly series at which we discuss hot topics affecting condominiums continue to be very well attended. Most recently, we reviewed board and owners’ meeting minutes during “Got a Few Minutes” on January 12th, discussed the particulars of electric charging vehicle stations during “Going Electric” on February 9th, presented on condominium finances during “Money! That’s What we Want” on March 16th. We will also be updating members on recent Covid-19 protocols during “The Re-opening Blues” on April 20th. On March 25th the Professional Partners held a “Rapid Fire Legal” panel at which four lawyers reviewed and discussed recent caselaw and provided tips and suggestions on popular issues facing condominiums. For the fourth time this year we are holding our “Introduction to Condominiums” course on June 17th and for the second time this year, our “Advanced Directors Course” is scheduled again for eight nights commencing on September 27th. Lastly, our Chapter’s Annual General Meeting is being held on October 20th. As always, thank you again for supporting our Chapter – we are very grateful for your continued engagement and excitement in all we do. Maria Durdan, B.A., LL.B, ACCI (Law)

#LifeIsGolden Condo News – SPRI N G 2021

Property Management Guild Inc.

Golden Horseshoe Chapter of the Canadian Condominium Institute Box 37, Burlington, Ontario L7R 3X8 Tel: 905-631-0124 | Toll Free 1-844-631-0124 Fax: 416-491-1670 | Email: admin@cci-ghc.ca Website: Website: www.cci-ghc.ca

2020-2021 Board of Directors PRESIDENT

Maria Durdan, B.A., LL.B., ACCI (Member Finance Committee, Member Ron Danks Award Committee) PAST-PRESIDENT

Nathan Helder, B.Sc. (Member Ron Danks Award Committee) VICE-PRESIDENT

Sandy Foulds, RCM, BA TREASURER Tony Gatto, CPA, CA (Chair Finance Committee) SECRETARY

Gail Cote, RCM Member Professional & Business Partners Committee, Communications Committee BOARD OF DIRECTORS

Carole Booth, B.Ed., M.A. (Board Liaison Communications Committee, Member Education Committee, Member External Relations Committee, Member Governance/Policy Committee)

Sally-Anne Dooman, RCM (Member Education Committee)

Richard Elia, B.Comm., LL.B, LL.M (ADR) ACCI (Board Liaison Education Committee)

Joseph (Joe) Gaetan, B.G.S. (Chair External Relations Committee, Member Governance/Policy Committee)

Tom Gallinger, BBA, FCIP Ed Keenleyside, B.A., CCI (Hon's) (Board Liaison/Chair Governance/Policy Committee, Member Education Committee, External Relations Committee)

Kevin Shaw, B.Tech (Arch. Sc) (Board Liaison Professional & Business Partners’ Committee)

Stephanie Sutherland, BAS (Hons), LL.B., ACCI (Co-Chair Conference Committee, Member Professional & Business Partners Committee) 6

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Canadian Owned and Operated

Are You Ready to Re-Open?

FEATURE

Are You Ready to Re-Open? Bill Clark

ong before the Ontario Government allows the opening of clubhouse and recreational facilities, your Board needs to become familiar with the Governmental policies and develop a plan that follows their guidelines.

Here are some things to consider when designing your plan: 1) The health and safety of your residents and employees must be paramount. 2) You must look at the demographics of your residents in determining your plan. For example, there are some communities who would be considered in the high risk category. So even greater caution must be taken to ensure the SAFTEY of the residents. 3) Are you going to open in phases? 4) Will people have to wear masks and gloves, have their temperature taken and complete a COVID-19 survey before they enter the facility or join an activity. continued…

Condo News – SPRI N G 2021

Make sure that you have done your due diligence and comply with Bill 218.

5) Will there be restricted access by residents to each activity? For example; how many people can be in an exercise class in your gym or multi-purpose room? How many individuals can be in the gym or the pool at one time? 6) Will reservations be necessary? How long will each participant be allowed to use the facility? 7) Will you have to sanitize the entire building before opening and again after closing and how will it be done and by whom? 8) Will you have to clean after every use and who does the cleaning? 9) If hiring staff, will you need to structure operational hours to include availability for the cleaning schedule while maximizing their efficiency to reduce costs? 10) How will people enter and leave the facility? If using key fobs, are they shut down to prevent people entering uninvited? 11) Can they use the showers and change rooms? Check with local Health Departments. 12) Make sure that you have done your due diligence and comply with Bill 218. 13) You should have your “plan” checked by your lawyer, insurance company and the Health Dept. 14) Do you have a plan for residents who feel that they can do and go as they please? 15) Make sure every room is included in your plan. I am sure that once a Board sits down to discuss the reopening there will be many more points brought up that do not appear in the above list. Again do your due diligence and remember your audience.

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Do You Have a Plan for Re-Opening? FEATURE

Do You Have a Plan for Re-Opening? Bill Clark

n the previous article, there were many suggestions made about re-opening a facility. Hopefully, things will improve to a point that Condominiums can at least start to look at where they are on the Health Departments’ color scale, which zone they are in, and plan accordingly. However, each level presents various problems for re-opening, Boards can design a good plan, which can be adapted to meet the government criteria as requirements evolve. I have included a reopening plan for a Condominium which has a Clubhouse that includes a number of recreational facilities: e.g. pool, billiard room, multi-purpose room, gym, arts and craft room and library and sauna. The Board has done their due diligence and prepared a re-opening plan that will fulfill all the Health departments’ requirements for their Region. The re-opening plan outlines how and when residents can use the facilities. Your Condominium may not have all the the facilities discussed, but hopefully you will find the information helpful to tackle the COVID-19 Challenge. An important factor in presenting this re-opening plan, Residents will only have access to the facilities if they agree to follow the prescribed COVID-19 protocols. If the Owners/ Residents do not agree, they should not be allowed to use the facility. The building will have to be completely sanitized prior to opening. Although it probably has been closed close to a year, SAFETY is a number 1 priority. continued…

Condo News – SPRI N G 2021

GENERAL RULES

after class.

• All residents are required to answer screening questions, and have their temperature taken, everytime, prior to entering the building by staff or volunteers.

• Access to MPR room is through the first entrance closest to Reception and exit shall be closest to the Coat Room.

POOL (May or may not be opened, Green phase color)

• Use of hand sanitizer is mandatory upon entry.

• Pool capacity will be restricted to 6 and social distancing MUST be maintained.

• A mask must be worn, where required, in certain areas of the clubhouse.

• Residents must reserve their time in advance and can only swim for 45 minutes. 30 minutes will be allowed for changing and cleaning.

• Entry and exit procedures must be followed. • 6 Feet of space must exist between residents who are not from the same households. This will probably have to be enforced by the residents themselves. • Administrative staff will report any instance of rule infraction. Fobs, if used, will be deactivated as required to ensure all residents respect rules as they are for the safety of residents and staff. • No family or guests are permitted to enter the clubhouse, for any reason. • When using corridors social distancing, must be practiced. Please allow other residents to pass by without blocking the area. • Residents must avoid re-entering the clubhouse. If a resident forgets an item , they must let staff know they plan to re-enter. • Doors will remain locked or chained until area is re-opened. • No area of the clubhouse facility may be used outside of the provided schedule.

CLUBHOUSE HOURS The Clubhouse will only be available when staff are present. The following is a tentative schedule: Saturday and Sunday 9 a.m. - 6 p.m. Monday, Wednesday and Friday 8 a.m. - 5 p.m. Tuesday and Thursday 11 a.m. -8 p.m. 10

MULTI-PURPOSE ROOM Is only available for fitness classes. NOTE: Room will be kept locked unless in use for classes.

Fitness Classes • Zumba, Yoga, Zoomercise, Bend Me Shape Me, Danceflow, Line Dancing and Pilates may restart, as per Health Department restrictions; i.e. marks on floor for social distancing (6 ft. apart). • All equipment ,mats,weights, etc. are the responsibility of the participant. • The usage of chairs is forbidden, unless participant can provide sanitizing of their chair after usage. • All areas not being used in the MPR room will be roped off. • All lost and found items will be labeled by class, dated and tagged, and kept for 72 hours. (This will be done by staff or volunteers, wearing PPE.) • Residents will not have access to dressing rooms and should come dressed appropriately. Lockers and storage will not be available.

• Change rooms will be open but no showers or lockers will be available. Please come changed. Board will have to check with local Health authorities on showers. • No floatation devices/snorkels; etc. are allowed. • Goggles are encouraged. • Non-bathers or guests are not allowed. • In case of accessibility requirements involving the use of floatation devices, please request permission in advance. Note: The personal aid will be counted as one of the 6 swimmers. • Lost and Found will be labeled by class, dated and bagged and kept for 72 hours. (This will be done by staff or volunteers, wearing PPE.) • No resident can schedule more than one session at a time. There must be 48 hours between each booking to allow for all residents to book the facility. • Aquafit classes will take place at a later date.

• Payments must be made directly to the instructor.

• Entry to change rooms will be through corridor doors ONLY. NOT through the washroom doors. The pool doors will remain open for 5 minutes after the scheduled start, then closed and locked.

• Classes will be a maximum of 45 minutes with fifteen minutes for sanitizing

• 10 minutes will be allowed for cleaning.

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KITCHEN

FITNESS ROOM

• Maximum 4 per time slot.

• Shall remain off limits until further notice.

• The fitness room can be scheduled for 45 minute sessions with cleaning an extra 15 minutes after.

• Again room and equipment must be cleaned after usage with supplied material.

• Maximum 2 people per session and social distancing must be maintained.

• Pool balls and cues must be left out after usage in labeled area.

SAUNA (will not be opened until green Phase)

• All equipment used must be wiped with provided cleaning solution.

• Maximum 45 minutes per usage with cleaning for15 minutes after use.

• Residents may only use the Sauna, one person at a time. If from same household, 2 people.

• Lockers and changerooms will not be available. Please come dressed accordingly.

• Rooms will be kept locked when not in use.

• Residents scheduling the Sauna should come properly dressed as there will be no change room access.

• Access to Fitness room will be via corridor only.

BOARD ROOM

• Storage cabinets shall not be made accessible to anyone.

• Lost and Found will be bagged, labeled and kept for 72 hours. • Access to Sauna will be via main corridor. • No resident can schedule more than one session in a 48 hour period.

• No resident can book more than one session per 48 hours. Again to allow access to all resdents.

BILLARDS and CRAFTS ROOMS • Will not be opened until Green Phase. • All participants must wear a mask at all times.

• Room will be kept locked unless booked. • Meetings must be scheduled in advance. • Masks must be worn throughout the meeting. • All touch points of the Board Room must be wiped down by users with provided solution. continued…

Condo News – SPRI N G 2021

As indicated in the earlier article on … Points to Consider before Re-Opening, this plan was turned over to a lawyer, the local public health department and the Insurance Company. The re-opening of condominium amenities are not mandatory. Condominiums still face the usual and now enhanced risks with using such amenities, given the COVID-19 pandemic. Following Green level and Public Health directives will not act as an impervious legal shield, should an outbreak occur. Even a cursory online search reveals the eruption of class action suits that have arisen, stemming directly from the outbreak of COVID -19 in senior care facilities. Lawyers acting in personal injury matters have begun migrating services to this area. The prospect of a unit owner suing a condominium for injuries sustained from an outbreak appear likely, if not assured.

“

Following Green level and Public Health directives will not act as an impervious legal shield, should an outabreak occur.

”

Accessing these services would appear vital in this environment. With this documented plan and also its recorded implementation, would represent significant barriers to legal liability. Fifth, the Condominium may wish to install and monitor remote cameras, to ensure social distancing is being followed. In that vein, careful enforcement and monitoring should be employed. Also, a system of enforcement violations should be introduced; e.g., demand letters, fob cancellations or even closing the clubhouse down. Sixth, restricting usage to unit owners to even or odd days according to their unit numbers would be another alternative. All told, these steps should be considered foundation steps, not ultimate. In summary, by communicating frequently, taking careful professionally endorsed mitigative steps and recording them, followed with careful monitoring and enforcement, the Condominium will have additional protections if an outbreak does occur, and those infected elect to hold the Condominium liable.

Bill Clark CCI Communications Committee Many thanks to Property Manager Fernanda Silveira, and Condominium lawyer Robert Mullin, for their feedback.

If a COVID-19 outbreak was to be attributed to the use of the Condominiums’ clubhouse, the permission granted by the Province of Ontario’s color status and the input of Public Health would not extinguish outrightly any claim. Therefore, further steps in this setting should receive consideration from the Board to mitigate legal risk. First, widespread and repeated written communication should be delivered to unit owners and occupants on a continuous basis: it should be repeated in clear and simple terms the proper usage of the clubhouse. Such communications should also indicate that the use of the clubhouse is strictly at the user’s risk, including the potential transmission of COVID-19. Second, there is nothing preventing a condominium from requiring temperature checks or by the signing of waivers before using the clubhouse. (Note: Waivers are widely used but their legal effect is often nominal.) Third, public health displays should also be posted, clearly reinforcing such messages of how to use the clubhouse, and how to avoid the transmission of COVID-19. Such information circulars and public displays should be carefully logged and documented, while attending photos build and maintain a consistent record. Fourth, the Condominium should carefully follow the sanitization requirements as required by the stage/color zone you are in via the Public Health regulations. Also, the recommendations of janitorial and cleaning consultants should be obtained. 12

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Cowan

Feature Condo: 20 John Street, Grimsby

FEATURE CONDO

Our condo has become a home to be proud of, not just a building.

NN#151

20 John Street, Grimsby

ur home is a quaint, three story concrete block building tucked back in on John Street in Grimsby. The rear of the building faces a mature woodland with a small running creek - part of the 40 Mile Creek which runs right through Grimsby. The spring is beautiful watching the trees begin to bloom, however the fall is spectacular as the colour bursts from the trees and winter is like a wonderland!! Can you think of a better place to spend the rest of your aging days? We can’t. The building is approximately 46 years old. Originally built as a 40-unit concrete block apartment building. In 2001 a contractor decided to convert the building into 29 units each with two bedrooms one bath and some with two baths. Our friendly caring family atmosphere, espe-

cially during this Pandemic, has made everyone realize how important it is to live where the people who surround you care about you and your well-being. Always checking in on your neighbour, offering help in any way needed, just like family. Being new to condo living, it has opened our eyes to what is necessary to manage and operate a condominium. It means working together as a unit, with a team of Board members and experienced Management. The most important fact is to listen, have patience and always try to find ways to work through difficult decisions – problem solving. Use hard work and perseverance to accomplish your goals. Our Condominium has been through many challenging times, and we have al-

ways persevered. Our first AGM that I attended was in October 2017. We really aren’t sure if official AGM’s had been properly called in the past. It was at the 2017 AGM we learned the difference between having a property management company to manage your condominium over private management. The meeting was an absolute disaster. It was held on the third-floor lobby of our building – a bring your own chair or stand theme. There were only a handful of owners who attended – most of whom talked through the entire meeting. The lack of attendance was apparently due to the fact that all previous meetings were also a disaster. I took notes to review later. The President ran the meeting along with the Vice President who both had been on the BOD Condo News – SPRI N G 2021

for approximately 16 years. The VP was substituting as Secretary since they did not have one. The third director I had only met once and due to illness never attended meetings. It was at this AGM I was nominated to the Board, as Secretary along with another owner who was nominated to sit as a Director. It is from this time forward, my difficult journey (and Niagara North 151’s) journey began. During the first Board of Directors meeting, we were informed of the new laws implemented in 2017 by the CAO. Myself and the other newly elected Director were told, as a Director of a condo corporation we must take the online information course, receive a certificate of verification and provide a copy to the Board. Myself and the other new Director took the course immediately and received our certificates. We did not realize at that time; the other three directors had never taken the course and had no inten14

tion of doing so. At our first Board of Directors meeting, us ‘newbies’ were armed with all the condo information we learned from our online course. We were provided a Profit and Loss statement prepared by the President to review and approve. We asked many questions, like how much is in the Reserve Fund, how much are our monthly contributions to the Reserve Fund, what are the monthly expenses? Is there a copy of the bank statements, cheque copies or invoices? Neither myself or the other new Director agreed with the information provided and refused to sign the P & L statement until we were provided with additional information and corrections were made. This opened a can of worms since the past President was not used to being questions about finances. The past President was also the “Property Manager” (being paid to do

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so) and the Treasurer. This was a CAO rule conflict of interest!! The Manager must be licensed and insured which she was not. The President received $400.00 monthly as payment for “management” services. CAO rules, this is a volunteer position no payment is to be made to any Director for services or you need to be licensed? As well previous directors had all been receiving either $100 or $200 for their services per month depending on their status on the Board. The maintenance for the building, which was in great need of repair, was being done by friends of friends and paid under the table by the President from a Petty cash fund. The budget prepared by the President did not portray a true reflection of the actual monthly costs to maintain the building. There was no monthly contribution to the Reserve Fund. The year-end audit, we were advised by the President, was “an in-house audit” prepared by an

owner who previously worked for an accountant. Needless to say the Reserve Fund was very deficient according to the last Reserve Fund Study requirements. These are only a few of the horrors we uncovered when we joined the BOD. It is at this time that myself and the other new Director pointed out the discrepancies with how this BOD were not managing the Condo according to the CAO rules and the ACT. Communication to owners conveying what the situation was, where we needed to be and what we are planning to do to get us where we need to be helped us build trust with the owners. Building trust with the owners through communication was the KEY to our journey and started to build the community into what we have become today. We, the new Board members, tried to ensure that communication on what was happening, and the financial impact, was circulated to owners so they were kept advised of the affairs of the Corporation – something that never happened before. We later learned that the President made an agreement with the Builder next door for the new condo building on the corner of John and Robinson Street. The President and original Board decided the corporation tennis court was run down and costing too much in upkeep. The Budget accounted for approximately $3,000 a year for maintenance of the tennis court. There was no record in the finances to show any monies were spent to maintain the tennis court. The President arranged for the contractor building the new condo next door, to remove the asphalt and fencing around the tennis court (capital asset). In lieu of payment to the contractor, he was given permission to use the tennis court area to store the excavation dirt from the foundation - this occurred for two years!! Once construction was complete, the contractor would remove the dirt and replace it with sod and a few trees. The tennis court was removed in 2016.

At a subsequent meeting, the President informed the owners who were present that the contractor for the new condo next door would be attending our meeting. The purpose of his attendance was to discuss a proposal for severance of Corporation lands! Several owners’ who attended voiced their concern over the removal of the tennis court without an owners’ vote. The President insisted

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This was the beginning of our Condominium embarking on finally sorting out the finances of the Corporation … It brought stability and accountability to the Condominium, which was a huge relief to the owners.

”

all owners were informed by letter; however, no legal vote was taken. The President announced at the meeting that the contractor for next door wanted to present a proposal to our owners. The contractor required additional turning ratio for his owners with garages along the east side of the building to access their individual garages. He appealed to our owners’, asking for permission to apply to the Town of Grimsby for a severance along the fence line between our two properties. He required 1 meter x 40 meters along the front of our property line. This would give his owners’ the turning ratio required to enter their garage. All legal paper work would be prepared by his lawyer to save us money. They would apply to the Town of Grimsby and get back to us with their decision. I am sure all who attended this owners meeting,

myself included, left with the impression that if the Town gave permission to sever, then we would discuss the value of the property to be sold at a later date. The contractor and President had an altogether different agreement. There would be no sale of property, instead he would put in some walking paths on the front lawn and possibly a gazebo, as well as a large rock with our building number placed at the entrance to our driveway. Those present approved to wait for the results of a severance. Shortly after the October 2017 AGM, the President requested to use my notes taken at the AGM since no recorded meeting notes had been taken. I was also asked to obtain quotes for a Property Management company. The President made it clear she would not continue as Manager and would not be taking the CAO online course if she was not paid the $400 per month she was presently receiving for her services. I requested several quotes from Management companies, leaving only a few in our price range who responded. Arrangements were made for two companies to attend our next meeting to present their proposal. Only one came to the scheduled meeting. The Management company presented their portfolio and costing to the BOD. This was the beginning of our Condominium embarking on finally sorting out the finances of the Corporation and putting the proper plans in order for future funding, so that the Corporation could thrive. It brought stability and accountability to the Condominium, which was a huge relief to the owners. It was at the next Board meeting we voted to have the new management firm start April 1, 2018. Also, at this meeting, the President produced an envelope and asked the Property Manager to review the paperwork inside. She was asked if the condo would be able to continue with this agreement? The Board soon learned the envelope contained what we thought were the results from the Town with reCondo News – SPRI N G 2021

gard to the severance. The President had not notified the Board that she had received the results from the Town and were unaware of what the President was asking the new Property Manager to review and give advice on. The Property Manager reviewed the documents, then asked if the Board had our lawyer review these documents? The Board members (3) said no and that 2 of us had never seen these documents prior to this meeting. A review of the package indicated the legal paperwork had been prepared by the contractor’s lawyer, this was to “save our condo money” and was in reference to an agreement between both properties for an easement rite of passage and NOT a severance. The paperwork led us to believe these results were from the Town of Grimsby. Also, in the paperwork, the President had prepared a letter to all resident owners (not non-resident owners) with regard to a meeting to be called

for the next day. The contractor was to present the proposal to the owners who would attend and have them vote to accept his “DEAL”. Once the paperwork was reviewed, myself and the other new Director suggested a vote be taken to have the meeting postponed until our lawyer could review this proposal. We were not in agreement with an easement and would wait for a reply from the lawyer. A motion was made and passed to postpone this meeting scheduled for the next day, until the paperwork could be taken to our lawyers for review. Regardless of the fact this was voted and passed to postpone, the next morning these packages were delivered to each onsite owner’s mail box (no stamp)!! A notice was posted cancelling the meeting until further notice. Since we felt something was not right with this proposal, I went to the Town, asked if any

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request for severance of our property by the contractor had been requested? After two hours I was advised that no request had ever been made to the Town since the original plans for this new construction were submitted. The contractor was livid with me. He said he had a deadline date for the fence to go up and unless we accepted this proposal he would not be on schedule. Our lawyer came back with the advice – this was a bad decision for the condo. In the end it did not matter since the contractor was so upset, he said forget it and erected his fence on the property line according to the original plans. At our next meeting the President and the other two Directors resigned as of April 1, 2018. In hindsight it was good we were asking questions. The Corporation stood to lose part of their lands, and owners didn’t understand what was happening any more than we did. This again added

to the trust from owners in us as the new Board that we were taking our roles seriously, and protecting the community. Relationships started to form with owners, social situations arose with owners, the overall atmosphere of the community was changing. I was then nominated to take over as President. This now made up our new BOD: Myself and the other new Director. Since the only other Director has a fulltime job which takes him out of town regularly, it was up to me to carry the load to the best of my ability, while keeping him updated. I took on the position of President, knowing it would be difficult, time consuming, hard work, at times left alone to address very serious problems – it was overwhelming. Going forward this did not stop the contractor from taking advantage of our condo. I will mention, our monthly condo fees include condo building/liability insurance, hydro, heat, water and cable. Each owners’ monthly fees pay 1/29th of our budget. Upon returning from vacation while doing a property walk, I noticed an extension cord coming from the condo next door, it was plugged into one of our outside receptacles. Our hydro provided power to drive the fans running 24 hours a day, as well as compressors and power tools. Apparently, the building/construction site next door did not have hydro!? Of course, you know what I did. I unplugged the cord and threw it over the fence. A note was placed on the receptacle, “Anyone found stealing our hydro will be prosecuted.” All equipment next door stopped. Within a few minutes I received a call from our corporations’ past president, asking if I disconnected the hydro to next door. I said, “Yes! Who gave him permission to use our hydro” (and I find out later our water)? She said she did, “She thought she was being neighbourly.” I asked her if she thought to ask all the owner’s if they were okay with subsidizing the contractor next door with our hydro/water? She said, “He of-

fered to reimburse us.” I do not know if the past President received any remuneration. I asked how this would be possible since we do not have individual meters. However, I suggested if the contractor wanted to give us a $500 retainer toward past and future use, we might reconsider. Otherwise, he would have to rent some generators. Generators appeared within the hour.

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I never thought I would have to resolve so many major problems in such a short time period.

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Again, the owners weren’t aware of these types of occurrences, but with communication they became aware, and started looking out for these types of infringements on the Condominium. Community involvement was evolving! This was not a position I have ever held and really did not want. It is though, my home. Due to the demographics of our building, it was and continues to be very difficult convincing owners to run for a Director’s position on the Board, never mind represent owners as a President. I never thought I would have to resolve so many major problems in such a short time period. The May 2019 AGM was my first meeting representing the condo as President. It was a great success with 90% of owners attending. Chairs were purchased by the condo and the meeting was held in the third-floor lobby, lasting 1-1/2 hours. I was thanked and praised for answering questions, providing information and updating the status of the condo and proposed improvements. A

motion was made to pass a Bylaw to reduce the required 5 Board of Directors to 3 – and was passed. An owners’ vote was also taken to have the building move to Smoke Free. A unanimous vote of owners was passed and effective May 2018 implemented. This AGM was different – owners enjoyed themselves and felt informed about the condominium’s health and their homes. Over the course of being on the Board, I started reviewing our finances and found the condo was very close to being bankrupt. Monies allocated for repairs to the building/grounds were nowhere to be found. The building was poorly maintained. I strongly felt the financial operation of the condo was short of being criminal. April 1, 2018 the chosen Management company also started to review the finances. The Board was told the condo were in arrears for some monthly expenses and the monthly income was not sufficient to cover expenses. As well, we were at an approximate $30,000 deficit for our Reserve Fund. The paperwork which was transferred to the new Management company, was inaccurate and incomplete, in some places non-existent – not worth transferring. Management did the best they could to help us go forward to pay condo expenses. Inevitably, we were forced to use a matured condo investment to pay outstanding invoices. The next step was to look for areas to cut back on needless expenses. Some of the changes for savings were as follows: Disposing of a garbage dumpster at the cost of approximately $17,000 per year and started a curb side pick-up of garbage through the Town. Rules for recycling/organics program were posted for all residents to participate, resulting in 99% compliance of our residents actively following the recycling rules. We cancelled the floor mat exchange/ rental company and bought floor mats Continued on page 19

Condo News – SPRI N G 2021

Are you still stressing over holding your Annual General Meeting virtually this year? Can’t find a service provider to host your meeting? Are you a member of Golden Horseshoe Chapter – Canadian Condominium Institute?

Yes! THEN WE CAN HELP!! The GHC-CCI will offer our technical Golden Horseshoe Chapter will supply expertise and the use of our Zoom the following: platform to host your AGM. You will • Zoom Pro platform (including polling still be required to prepare everything through Zoom) needed for your AGM: • Conference call number for those not • Powerpoint able to connect through zoom • Script • Any confidential voting requirements • Host through an online survey link • Collection of proxies • A technician to run the event in the • Minute taker background who will: • Polling/voting questions and choice of - set Up link and any recording answers requirements • Distribution of your AGM package - set Up polls • Provide GH with name/emails of partici- launch Polls and surveys pants - provide tech help/troubleshooting

This service is available for smaller condo’s as follows: 1-19 Units - $250 + HST 20 – 49 Units - $350 + HST 50 – 80 Units - $450 + HST This service is only being offered to small condominium units that are members of GHC-CCI and is on a first come, first served basis. If you are interested in using our services please email us at admin@ghc-cci.ca with the date and time of your AGM, and we will get back to you with our availability.

Thank you for being a member of GHC-CCI! 18

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for the stairwells and entrances rather than renting. This was a yearly savings of over $2,036. Cogeco was bulk billing $55.71 per month including HST per (29) units. We negotiated a reduced rate of $28.25 including HST for Basic cable. A savings of $9,886.08 per year. We cancelled a service contract with Beatties Office Equipment for a very old photocopier which was a savings of $230.35 per year. We cancelled the service contract with a local pool company hired to maintain our pool bi-weekly and provide chemicals as needed. A savings of $4,411.63 for six months. All the pool equipment in the pool pit was leaking. Chemicals stored in the pit had eroded electrical wires bare, sand in the filter had solidified requiring replacement. A stockpile of chemicals had been bought – and lasted 11/2 years after we discontinued their services!! The pool filter was replaced, heat exchanger and the pool pump were rebuilt. A very large HVAC system occupied the majority of space in the pool room, which was a three-foot-high uninsulated crawl space, known as the “pool pit”. Trying to find a way to change the filters in the HVAC system, it was found the door to the system only opened partially before hitting a wall directly in front of the unit making it impossible to remove the filters for cleaning. The filters were plugged solid and I later learned, for this reason, had never been changed in 15

years. There was a two by four piece of wood jammed into the vent to keep it open at all times, causing the system to run constantly, serving no purpose other than wasting hydro. Quotes were obtained to have the old HVAC removed and was replaced in the

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With all this work, and the changes made, the pool was once again operational and now heated!

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summer of 2019. The pool pit also housed the sump pump which was not accessible unless you crawled on your belly under hubs, HVAC vents and then climbed over the next bunch of vents and, only then, would you be able to access the sump pump. Keep in mind that the pit floor was filled with water from leaking pipes leading to and from the pool. Once the HVAC was replaced with a much smaller energy efficient unit, this allowed us access to the sump pump which was inspected, it also was not working, contributing to the water in the pit and it too was replaced. In the winter of 2019, while checking the pool status, I found that the newly in-

stalled HVAC pipes had frozen and burst. The water was turned off, leaving two feet of water in the pool pit. This caused the pool pump to trip the GFI, causing the pump to stop working. Even though it was a week before Christmas, we realized the pump needed to be removed in order to have it rebuilt before the holidays, in order to keep the pool from turning green due to no circulation. The pump was rebuilt and reinstalled Christmas Eve. For many years the ceiling and solarium windows at the front of the pool room had been leaking. The exterior walls to the pool pit and the pit itself, as I mentioned previously, were not insulated. In 2020 the interior/exterior solarium windows/ceiling were repaired and foam insulated all areas including the pit, then painted. Four baseboard radiators were installed, two in the pit and two in the pool area to provide heating to the room and pipes. The pool in past had never been heated. The temperature was always only between 68-70 degrees; therefore, it was not being used, regardless of daily maintenance and repairs. At the time the boilers were being installed it was decided to have a heat exchanger installed to heat the pool. With all of this work, and the changes made, the pool was once again operational and now heated! Up until Covid19, the pool was finally being used regularly by most residents for leisure

Millards Chartered Professional Accountants

Condo News – SPRI N G 2021

swims, and the community then also held an aqua fit class weekly allowing so many residents to bond. This will continue post Covid, I’m sure. As a result of everyone’s hard work and perseverance — working together — owners have formed new and/or strengthen old friendships! A great atmosphere in which to live! Other maintenance items we looked at to see what costs savings there were: • Obtained a quote for Security Cameras $2,000 which required replacement. They were installed at a cost of

$600 by an owner – a savings of approximately $1,400. The previous Board was paying a local plumbing/ heating company approximately $500-$1,000 per month for boiler repairs (40 yr. old boiler). We paid over $4,400 per month for heat. Quotes were requested to replace the boiler and domestic hot water. • Our aged elevator, in past, would suddenly stop working especially during the winter months, resulting in regular expensive calls to the elevator company. Upon investigation it was found that the reason for malfunction, was the hydraulic fluid in the tank, required to run the elevator was too cold. A 20

suggestion was made to have a radiator installed in the elevator room to keep the recommended temperature constant at the same time as the install for the boilers. Problem fixed. Upon a close exam of the monthly statement, it was noticed we were being charged $373.44 per month for a service contract. Checking into this further it was found that the previous President had signed a life-time rental agreement with a local company for two domestic hot water tanks and one boiler.

The rental company was contacted and asked why we were paying for a service contract if this equipment was rented? I was informed that the service contract was for our old boiler which we OWNED. The previous President was paying an outside plumbing/heating company monthly for costly service repairs when the condo was paying for a monthly service contract since 2011. A quote for replacement of the boilers was requested. The cost to terminate (buy-out) the lifetime contract for the two domestic hot water tanks and boiler which we were leasing monthly was $10,098 from the original price of purchase in 2007 was $11,300.00, this was non-negotiable.

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We didn’t give up – after retaining legal advice, we resigned to paying the buy-out amount and accepted the fact it was a binding contract. This problem was resolved by purchasing new boilers for approximately $80,000. Rather than deplete the already fragile Reserve Fund, we applied to Vista Credit for a 5 year loan with a $0 buy-out, the amount was to include a portion of $5,098.00 to be paid from the Reserve Fund. The boiler/domestic hot water tanks/ heat boiler were replaced with energy efficient equipment. We also applied and received a $3,400 incentive from Enbridge for installing energy efficient equipment. Savings to our heating expenses have been beneficial. All of these changes were again communicated to owners in great detail. Owners were now aware of the ongoing financial affairs of the Corporation and knew the plan moving forward. We had support from owners, suggestions from owners and above all else, owners chipping in where they could, planting flowers and socializing about the common elements. In 2019 the Fire Department did an inspection and served us with three major orders to upgrade our fire early detection/alarm system at a cost of $28,000.00. In past, the building had never had a monthly fire alarm test or been monitored. A ULC monitoring system was installed and monthly fire alarm tests are being performed by a local company which has added to our expenses. At the same time the Fire upgrade was being done, all electrical junction boxes in the hall ceilings were found to be without cover plates. These were installed immediately by the electrician. Also, during the Fire inspection, it was revealed that the interior dryer vents had not been cleaned for approximately 20 years. A company was retained to do vent cleaning. A good number of the vents were plugged solid with remains of animals. The original vents were broken and

also replaced at the same time. Pest control were called twice over the past summer, at a cost of over $1,000 to place two squirrel cages over the vents to detour the animals from entering the vents to make nests. A roll of heavy-duty wire was purchased and an owner volunteered – made 61 cages by hand at a cost of $300 for the wire and no cost for labour. He simply donated his time to his home and community. A maintenance company was hired to secure, caulk and re-install all 61 vents at a cost of $5,000. No more squirrels as well as the large wire vent cage allows for more lint to be released. With hard work on the resident’s behalf and perseverance from the Board in finding safe, reliable solutions, a huge cost savings was found for all owners. In the spring of 2020, it was decided to purchase a small riding lawn mower and between myself and other residents have taken over the gardening and lawn maintenance. A savings of $725.00 per month for approximately 8 months or $5,800 per year. Unfortunately, the snow removal remains very expensive and for liability reasons we must continue with these services. The community has grown and the owner’s commitments to making this their home has strengthened. In the spring of 2020, an owner personally purchased a Gazebo which was erected on the front lawn of our condo by another owner, who is a licensed contractor, along with volunteer residents. Stone path walkway and garden beds were also installed. Funds for a portion of the Landscaping flowers were donated by unit owners. The Gazebo has provided many residents/family/friends a place to meet and have nightly gatherings by residents. A BBQ was purchased for condo resident use and has provided a great place to have outdoor gatherings for all. Our condo received from the Grimsby Trillium Award committee an Award of Excellence for our first year of planting

which proudly hangs in our front lobby!! The owners didn’t stop there, a community vegetable garden area was then made at the side of the property with the produce being placed in the front lobby for anyone who wished to partake. The front lobby has recently had a

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The community has grown and the owner’s commitments to making this their home has strengthened.

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facelift by a unit owner. Storage benches were installed to store Christmas decorations and provide seating benches while waiting for a lift. The front lobby was painted with the extra paint left over from painting the pool room. A new notice board was also installed. Once the community started feeling a part of the condominium – by being kept so well informed of the challenges and the obstacles that were overcome – they too felt part of the community! These changes have been amazing! Since changing from a privately run condo to a property management company in April 2018, we once again had to change our Property Management company in September 2020 due to some short comings with the previous Management company. We have also added a third Board Member to the mix, who has been a welcome addition. Once we changed management companies, yet another challenge arose (can you believe it?). It was found that the way the monthly management fees were being charged were not in line with the percentage allocation outlined in the Declaration. This meant that some own-

ers were not paying enough and others were paying too much. This was an error from registration, in the Declaration. Unfortunately, this was not an easy fix. An owners’ meeting to vote on the proposed changes to remedy the Declaration is underway and this too will be fixed. Given the community spirit and relationships developed over the years, the threshold of meeting the 90% agreement has been reached prior to the meeting date. Such an amazing community wanting to make things right for those owners impacted. As you can see it has not been an easy ride for the new BOD. Is there more to do? Absolutely! More problems to solve. Yes! Going forward with the help of our newly retained Management and most important Property Manager, who is friendly, helpful, hardworking and most important knowledgeable, we will continue to attain great improvements and solve problems for our condo community. Our condo has become a home to be proud of, not just a building. We are almost at a point where we can say we are financially in a good place. Residents of 20 John, Grimsby are friendly, kind and a helpful sort of people. The owners are resilient, and we persevere. This is our home and most will tell you they are proud to be part of this condo family – mostly because of the care and attention to detail by those in charge as well as those who live here, making it a home rather than just a residence. Communication to owners is key to ensuring all owners are aware of the challenges their condominium (and home) is facing. We all care about one another like family. Stop by anytime and have a visit with us in our Gazebo. Written by: Board President Rita Walmsley Niagara North Condominium No. 151

Condo News – SPRI N G 2021

New Condominium Authority Tribunal Powers Raise Concerns

FEATURE

New Condominium Authority Tribunal Powers Raise Concerns Valerie MacNeill, RCM, OLCM Common Ground Condo Law

n November 2020, CCI-GHC hosted two webinars to discuss the industry impact of the recent Condominium Authority Tribunal (CAT) powers expansion. The series was led by Maria Durdan, partner at Simpson Wigle Law LLP and featured Chris Jaglowitz, Principal at Common Ground Condo Law, Patrick Greco, partner at Shibley Righton LLP, Victor Yee, associate at Elia Associates' and Property Management Director Michelle Joy of Wilson Blanchard Management. The review process of the Condominium Act, 1998 commenced in 2012, culminating in 2015 with a number of changes, notably the creation of the three-stage Tribunal. The CAT follows a negotiation-mediation-arbitration model in which the first stage includes unmediated communication between the plaintiff and defendant. Should the two parties fail to settle, stage two proceeds, involving a CAT member facilitating negotiation. If stage three is necessary, another CAT member will step in to make a ruling. Jaglowitz explains that this aligns with the impetus of the CAT “to have an expert body of decision-makers who would not only assist the parties in resolving their disputes before an adjudicated decision had to be made, but also to render those decisions when no settlement could be made.”

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Durdan notes that until October 1, 2020, the CAT only reviewed records disputes, but has now expanded to include pets, vehicles, parking, storage and indemnification provisions. The first webinar focused on how the expansion has helped, or, in some cases, hindered the Tribunal’s goals of making condo dispute resolution quicker, more affordable and more accessible. Of those noble goals, dispute resolution seems to be quicker, given that fil-

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Further, even the decision whether or not to enforce a rule — technically a duty — will naturally evolve into a costbenefit analysis. The CAT does not generally award costs to corporations, and when filing a claim even the reasonableness of a corporation’s rules and bylaws can be challenged simply by checking a box on the CAT’s website. So, what can we do to respond to the changing landscape of dispute resolution?

...it may be increasing legal costs as claims that previously would not have been pursued are now part of a steady diet of trivial disagreements being mediated on a daily basis through the Tribunal. ings and reviews now take place within days as opposed to months, and the process is certainly more accessible. With no requirement for sworn affidavits, case filing fees as low as $25, and the option that those filings can be done from anywhere with an internet connection, it may, in fact, be too accessible, suggests Yee. However, the CAT does not seem to be saving clients much money, Yee points out. In fact, it may be increasing legal costs as claims that previously would not have been pursued are now part of a steady diet of trivial disagreements being mediated on a daily basis through the Tribunal. For instance, claims against corporations for failure to provide meeting minutes or the legality of small chargebacks are costing time and money, particularly since they often are escalated to solicitors at stage two, if not before. Consequently, lawyers and paralegals have to log in daily to read and post updates as opposed to having an entire dispute heard and resolved in a single day in court.

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Managers can proactively suggest that boards have their corporate documents reviewed for compliance and enforceability, while tightening their indemnification provisions. Also, resources for responding to claims should be built into annual budgets given that some chargebacks will likely not be recoverable. Finally, Jaglowitz advises to pick your battles. The amendments to section 84 (contribution of owners) are not yet in force, making it much harder to recover financial losses. The legal industry should be assessing how to support corporations in this position. From a management perspective, Joy raised a vital point: “the CAT has stressed the importance of accurate record-keeping and for decisions to be made at duly-constituted meetings.” As time-consuming records requests are on the rise and numerous board decisions can be challenged in the CAT, she recommends preparing to promptly provide thorough and properly-documented records. “Bringing balance between boards

and unit owners is laudable and commendable but we have to make sure the pendulum doesn’t swing too far,” Yee warns. It’s not all doom and gloom, though. In the second webinar (which covered reasonable steps before going to the CAT; record-keeping; multiple parties; and early resolution), Greco noted that the CAT was likely to encourage reasonableness early on in the process. Jaglowitz agrees, adding that those adjudicating cases at stage three of the CAT were more likely to be immersed solely in condo dispute resolution as opposed to a judge in the small claims or superior courts. Therefore, your arguments would depend more on their merits relative to industry practice and the outcome of other cases before the Tribunal, and less on persuasion. Another positive is that because the pandemic has spurred a more virtual industry, there’s a surplus of shiny new applications to improve and streamline record-keeping – highly beneficial now that records will be on display on a regular basis and can reflect on the professionalism of the people and companies that produce them. While this may sound daunting, the right subscriptions, software, and best-practices for record-keeping can save valuable time and reduce the fees associated with lawyers wading through a dog’s breakfast of randomly organized emails with massive attachments, and quickly-scrawled notes – the meaning of which have been long-forgotten. This dynamic is exacerbated as more and more parties are drawn into ongoing cases. As of October 1, 2020, any unit owner can file a claim with the CAT against not just the corporation, but also against another owner or tenant, providing notice is given to the corporation. In some instances, the CAT may even require a tenant to join a case. For condo property managers and boards, you can add improved familiarity with the Residential Condo News – SPRI N G 2021

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...parties involved in a CAT dispute can and should be encouraged to take their discussion offline to facilitate a settlement...

Tenancies Act, 2006, to their seemingly endless list of obligations. However, unit owners may also be subject to increased expectations, as they may be required to commit to being involved in pursuing a complaint they have made, especially when there is a lack of supporting documentation. Not all corporations have the benefit of onsite staff, so the collection of evidence may fall to other parties such as board members and unit owners. This is vital given that the inevitable cost-benefit analysis discussed previously will likely lead to claims against the condo for failure to enforce its rules and bylaws. Collection of evidence isn’t the only concern of the CAT though. Meeting

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minutes are also likely to become a frequently-evaluated corporation record. For example, it is possible that, when board discussion minutes are requested, but were not taken, the CAT could produce an order to create them. Greco advises that the more contentious the issue, the more crucial it is that minutes be taken, and noted that ‘in camera’ minutes can be sequestered and often held back from requests if litigation is being considered. Yee agrees, but notes that “a claim of litigation privilege does not automatically shield those minutes with a Harry Potterlike Cloak of Invisibility, but on a case-bycase basis.” Despite the need for proper records of official discussions and meetings, parties

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involved in a CAT dispute can and should be encouraged to take their discussion offline to facilitate a settlement, and such a resolution can happen at any stage, notes Durdan. This is of great benefit, as any party to a CAT procedure must be reasonable in their behaviour, approach, and communication. As the CAT continues to expand, we will likely see nuisance claims such as noise and smoking added to its domain. The CAT’s decisions will guide us as they develop and evolve but one thing is certain: change to dispute resolution has come, and we must now adapt.

Valerie MacNeill, RCM, is a condo management specialist at Common Ground Condo Law and serves as a bridge between condo managers and the firm’s lawyers.

Feature Committee - Governance Committee

FEATURE COMMITTEE:

Governance Committee

he Governance Committee has the task of reviewing two documents, which provide guidance and set parameters for the Golden Horseshoe Chapter of CCI. These two documents are the GHC Policies and Procedures and GHC By-laws. The Governance Committee reviews these documents on a regular basis. The Policies and Procedures document is reviewed approximately every two years and the chapter By-laws are reviewed approximately every five years. There are a number of reasons for these reviews. The most important reason for reviewing the chapter by-laws is to ensure they are in line with current government legislation, particularly the Condominium Act, as amended. The primary reason for reviewing the chapter’s Policies and Procedures is to make sure the chapter is operating as effectively and efficiently as possible in a collegial unbiased manner. The last review of Policies and Procedures was completed during the fiscal year 20182019, while the last By-law review was completed for the fiscal year 2019-2020 and approved at the AGM held October 21, 2020. Amendments are not confined to the two-year and fiveyear timeline and may be introduced and recommended by the committee to the GHC directors if and when special needs arise. The committee is currently composed of Ed Keenleyside, Carole Booth, Stephanie Sutherland and Joe Gaetan, with the assistance of other GHC Board members if and when required. We are always open to new ideas, suggestions, advice and especially to new members. Thanks to the Condo News for this opportunity to highlight this lesser known GHC committee.

Condo News – SPRI N G 2021

Condo Communications Matter... Let’s just do it.

FEATURE

Condo Communications Matter… Let’s just do it. Dave Williams

What follows is the first of three articles on the thorny issue of Condominium Communications. At the end, I have provided my email address. I hope you will take time to pass along your comments, thoughts and ideas. I am sure there are Condo Corps that are doing a great job of communicating back and forth with their residents. Why not all?

ell, Hello! Yes, we are now communicating………you and I! Right now, the communication is one way………me to you. If you respond in kind…….. now we have true two-way communications. In the world of Condos, traditional communication methods would include, quarterly bulletins, town hall meetings, annual general meetings, email blasts, annual resident surveys and digital notices. The town halls, annual surveys and AGMs are great examples of twoway communications.

Resident Investment If you are a condo resident, chances are you have a few hundred thousand dollars invested in your Condo; either high rise or low rise. Let’s just say, figures meaning nothing, it is a nice round $500,000. That said, how much do you know about the financial operations of your building or community? Is the Reserve Fund sufficient to cover current and

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long-term Reserve Expenses? Are you being surprised by assessments? Other topics to be discussed are quality of services (snow removal), physical condition of longer-term assets (roofs, curbing, driveways, community speed limits (low-rise) and of course social activity news. Think about it this way. If you gave the same amount of money to a stockbroker, would you not check in with him/her monthly as well as a website like Morningstar to ensure your investment is headed in the right direction. Things do change. Construction materials increase in price and so does the labor required to install. Yet, I suspect in many cases the only people that are tracking that information are the engineering firms that prepare the Reserve Studies every 3 years. Add to this, the “on-site” visit (by the engineers) is only required every 6 years (if engineering firm is the same company) ……. a lot of water can pass under the bridge. Board Perspective. The challenge for boards is to find ways to communicate with residents that will get their attention and involvement. Why go to the trouble of communicating if people are not listening? Frequently, I get asked (by other residents) about the Reserve Fund or the replacement of certain common surfaces. I look at the Reserve Study and give them the numbers and they say thanks and leave my doorstep……saying.…. “well, who can do anything about that”? Here then is the mystery……why are resident owners not more interested in the operation of their building and/or community? Why are condo boards (as a general statement) not moving forward towards providing more of that important information to their resident owners? Better still, given that owners seem disinterested, why not search for ways to make the information more attractive and understandable.

The challenge for boards is to find ways to communicate with residents that will get their attention and involvement.

Contractors to the condo can also benefit from improved communications. Landscape folks should be encouraged to provide weather and snow removal forecasts and scheduling. Many of these folks are now equipped with weather radar and can provide reports. They should be enabled to survey resident owners respecting their service levels………yes, another example of condo communication.

Sunshine Law Most states in the US legislate the practice of some form of open communication with their privately owned communities. It is the law! In Florida, it is called “Florida’s Sunshine Law”. It applies to all Home-Owners Associations, Condo Boards and Community Development Districts. In its simplest form, all meetings are open to the public, must be posted (time and place) ahead of meeting time and any attendee may speak to the meeting. There is no “they don’t need to know this or that”. It is all in the open. Here is the other issue. Resident owners don’t want the information flow to be filtered through a property manager…… they want to hear it directly from the board president. No this is not a knock on PM’s, rather think about it this way…….. residents elect the board

to “manage the affairs of the corporation”. It is only natural that regular communications should originate with the President and the other board members. Communications can certainly be written by someone else……however from an accountability perspective……..should be signed by an elected board member.

The Condo sales phenomenon Don’t get me wrong I love salespeople. But as a condo owner I bet you were told by the selling agent of the benefits of condo ownership. Gone are the days of grass cutting, snow shoveling, painting, and driveway paving! Just move in and relax! The agent does have a point; but I doubt that they ever tell owners……… ”be sure to be aware of the business side of your purchase”.

What are the Barriers here? There may in fact be human barriers at play. Board members may feel they do not need to report on every turn in the road. Residents do not want to have to read long emails/bulletin board messages at the end of a long day. Maybe the board does not have a sitting person comfortable with taking on the communication job. Worse still, maybe mistakes have been made that the board does not want you to know about. I find this last issue to be unfortunate. Board members are not expected to be perfect in all decision making. That said if a mistake is made…….. announce it…….. get over it……… most importantly, correct it and move on.

Going Forward In his very excellent article in “Condovoice”, Fall of 2019, Josh Milgrom of Lash Condo Law notes two critical aspects of communication that tend to receive less attention: “First is the importance of two-way communication. In order for communication Condo News – SPRI N G 2021

to be effective, owners need to be – and feel heard. Second, communication amongst directors should not be overlooked”. This last point speaks to the importance of “all director” involvement in decision making. There may also be a developing need for condo boards to become somewhat diversified in their skill levels. For example, the skills possibly should include some financial experience, some executive decision-making experience (how to look at the available data and formulate the right path forward), some writing experience (communication skills), and certainly some asset evaluation skills (measuring condition of roads, roofing and other long term assets). The “Director Training Module 3” (Condo Authority of Ontario) speaks to drawing on various skill levels from “support committees” within the community or building.

I can hear the laughter now, how do we do that when most folks don’t want any part of board management. Here is the simple answer…………initiate a “nominating committee” at least 6 months ahead of every election. There is always a fear of the unknown. So, the job of the nominating committee is twofold. Reach out in the community (building) to people and ask them for their help………people love to be asked. Once their interest has been determined, invite them to attend a short briefing session designed to make them comfortable with the board governance model. Invite them to attend a regular meeting as an observer. It works and is often practiced under Florida’s Sunshine Law! In the summer edition we will look at some new and exciting technologies that may help with Condo Communications. Some high-rise buildings are already

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using the “techy” approach. I look forward to your questions, concerns and criticisms. You can respond to: williamsdavem7@gmail.com.

Meanwhile thanks to the following contributors to this article: 1. Josh Milgrom Lash Condo Law 2. The 2020 Florida Statutes (Sunshine Law) 3. Condominium Authority of Ontario (Director Training) Dave Williams is a graduate of York University and a retired business executive.

Getting to Know the Golden Horseshoe Board: Tom Gallinger

Getting to Know the Golden Horseshoe Board Tom Gallinger Q – What is the most interesting aspect of working in the condominium industry? A – Driving downtown and impressing friends and family by rhyming off the names and corporation numbers of all the condos you pass along the way! Q – How did you first get involved in CCI? A – Have always been a big supporter of CCI as I think they provide board members and unit owners’ great access to education and information directly from industry professionals. I had thought about running for the CCI board, but Sandy Foulds was instrumental in twisting my arm to get me involved.

Q – What’s the last country you visited? A – Jamaica, glad I got some sun down there before COVID changed everything. Q – Are you a spring, summer, fall, or winter? Please share why. A – Love the summer: swimming, sunshine, shorts, flip flops Q – What advice would you give your younger self? A – Don’t be afraid to take a risk.

Q – What is the best advice you’ve ever received? A – Run to problems – not away from them. Q – What person living or dead, would you most want to have dinner with? A – Chris Farley Q – What was your first job? A – “Lot boy” and car detailer at a car dealership. Q – Is there a charitable cause you support? Why? A – Crohn’s & Colitis Canada, and Canadian Cancer Society, both diseases that have impacted my family and hope to one day have them gone for good. Q – What are you most grateful for? A – Family and health. Q – What is one sound you love to hear most? A – The old school hockey night in Canada theme song, we gotta bring that back! Q – Last movie you saw in theatres? A – Oh geez, its been a while. Was likely something with my kids, maybe Frozen 2.

Condo News – SPRI N G 2021

Q&A - 5 Most Frequently Asked Questions by Boards

5 Most Frequently Asked Questions by Boards

Patrick Greco Shibley Righton LLP

efore I started practicing condominium law, I was a commercial and construction litigator for a decade. I can say that the Condominium Act (the “Act) puts to shame any other statute I have dealt with, in terms of complexity and ambiguity. After all, it is one statute designed to govern everything almost everything to do with the people and property of a condominium community. It is no wonder then that unit owners, board members and property managers have so many good questions about important condo law topics. Some of these questions come up over and over again, especially at Annual General Meetings. Even though, as I write this, there are polar bears frolicking in the snow outside my home office window, soon it will be

summer again and with that comes major project season! So, I have selected and commented below on five of the questions I am most frequently asked about money and procedures on that topic. This is not intended as legal advice but will hopefully help give you a head start on your planning efforts. nWhat is the minimum balnance that any condo should have in its reserve fund?

Q: A:

nThat answer is easy – it depends! nThere is no one figure that applies to all corporations. The reserve fund must be adequate to address the major repair and replacement of the common elements and assets of the corporation. A small community with minimal amenities will have fewer reserve fund expenditures than a large community with a swimming pool, underground garage, etc. The balance of the reserve fund will also vary over time. A newer corporation will start with a relatively low reserve fund balance as it starts to save up for major projects that will arise in its distant future. An older corporation may have a

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higher balance as it approaches the end of life of major components and systems. However, that balance may dip lower again for a few years after those projects are completed and there are no major expenditures on the horizon. A corporation’s reserve fund balance will typically take a roller coaster ride up and down over its lifespan! Almost everything you need to know is set out at sections 93 to 95 of the Act. The key is that the reserve fund contributions and balance should follow the calculations and advice contained in a professionally-prepared reserve fund study, which must be updated every three years.

nWhen must the Board seek nunit owner approval for a major project?

nHow much time do you have? I ncould fill this whole magazine talking about this one. Many unit owners are surprised to find that where a corporation has the obligation to maintain and repair units or common elements, and the corporation does so “using materials

that are as reasonably close in quality to the original as is appropriate in accordance with current construction standards”, then the board has full discretion and authority to approve a major project. This gives the board the important ability to ensure that major items such as a building envelope or garage are remediated or replaced when necessary, even if those projects cost millions of dollars. Could you imagine if the board didn’t have this power? What if the owners decided that fixing the leaky roof was just too expensive and voted against doing the work year after year? Buildings would fall apart. On the other hand, where the board wants to create or install something that was not there before or convert an existing component to something else (e.g. a tennis court to a children’s playground), section 97 of the Act may require that the corporation give notice to and/or seek the approval of owners. Where debates will sometimes arise is on more nuanced projects such as lobby and corridor renovations where an element of personal taste is involved. Generally, the board has the power to authorize this kind of renovation, including updating the look of those areas, provided that the general quality of finish is consistent with what was there before. However, a prudent board will always seek the input of unit owners by circulating design samples and/or holding owners’ information meetings.

nHow many quotations or nbids is a corporation required to obtain before entering into a contract?

nMany people are surprised to nlearn that the Act is currently silent on this topic, which is often referred to as “procurement”. However, that does not mean that boards can act recklessly when signing contracts for work or services. Keep in mind that all

steps taken by directors must be governed by their duties under section 37 of the Act to act honestly in good faith and to exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. Failure to act accordingly could result in personal liability against directors. In order to ensure that this is done, many corporations will have a standing policy on contract procurement and will ensure that these processes are reflected in the corporation’s agreement with its property management company. Every corporation’s needs and policies will differ, but one typical arrangement might be that the property manager has spending authority up to $2,500, the property manager must provide three quotations for any contract costing up to $100,000, and any contract above that must undergo a formal sealed tender process. Section 39.1 of the Act, which was created by the 2015 amendments, and which is not yet proclaimed in force, is supposed to offer greater clarity on procurement requirements. It will be interesting to see what is eventually required in this important area of condominium governance.

nWhy do we keep hearing nthat we can only have one contractor on site at a time?

nWho cares, right? As long as they nare doing their jobs, what is the problem? This is a tricky question, but one which can have extremely serious consequences. Under Ontario’s Occupational Health and Safety Act (“OHSA”), a “person who undertakes a project for an owner” is deemed to be the “constructor” and will be legally obligated to ensure that all statutory health and safety and reporting requirements are complied with. The constructor will also bear the legal liability where these requirements are not met, especially when injury results.

Normally, a corporation will contract with a “general contractor” to carry out all obligations on a project, including site coordination and health and safety monitoring for the general contractor’s workers and all subcontractors working beneath them. In that case, the general contractor is deemed to be the constructor under OHSA. But what if the corporation wants to hire one contractor to make roof repairs while another does paving work in the parking lot? If those two tasks are not captured under one “prime contract” with a general contractor, then the corporation is at serious risk of being deemed the constructor. In making this determination, the Ministry of Labour will look at whether the two contractors are working in the same space, sharing facilities such as washrooms and first-aid facilities, and who is coordinating their co-existence on the site. If you are not careful, this can all too easily become the corporation, which is a dangerous thing. Board members and property management staff are not qualified (or insured) to carry out these duties. While the short duration of Ontario summers may bring with them the temptation to run several project at once, boards and management should carefully discuss any such plans with the corporation’s engineers and lawyers to determine that they are not putting themselves at serious legal risk.

nAre there any special connsiderations when entering into construction contracts during the COVID-19 pandemic?

nIt has been nice to see that, for nthe most part, condominium corporation and contractors have been able to act reasonably with one another to deal with project delays during the pandemic. Everyone is hurting right now and most parties are working toward the same goal – the condominium corporation getting the work done and the con-

Condo News – SPRI N G 2021

tractor getting paid. However, may boards have been surprised to learn that the pandemic does not give the corporation the unilateral right to tell a contractor to put their tools down until the board feels the project can safely continue. While everyone must comply with government orders regarding what kind of work can proceed, depending on contractual terms, a contractor may be able to use this delay to trigger the termination of a contract that is not looking profitable for them, thus leaving the corporation scrambling to find a new contractor (likely at a higher price) and even facing the prospect of having to pay damages to the original contractor. When entering into a construction contract during our new “pandemic normal”, it is crucial that corporations seek legal advice to ensure that appropriate provisions are included to address what happens when unforeseen circumstances (also called force majeure) bring a project to a halt, including whether either party can terminate the contract and if any payment for delay can be claimed. This will ensure that everyone knows what to expect and will minimize the chances of disputes or litigation. Patrick Greco is a partner in the Condominium Law Group at Shibley Righton LLP. He enjoys the perspective gained from experience providing both solicitor and litigation services to condominium clients.

sions, as well as other boards/tribunals including the City of Toronto Committee of Adjustment, Ontario Municipal Board, and Child and Family Services Review Board. Patrick sits on the CCI-Toronto Education Committee, CCI-Golden Horseshoe Professional and Business Partners Committee, and CCI-Golden Horseshoe

Conference Committee. He writes frequently on condominium issues and enjoys presenting to industry groups. In his summer free time, Patrick is obsessed with his tomato garden, which only gets worse during the pandemic.

ATTENTION PROFESSIONAL & BUSINESS PARTNERS

Do you have questions that your customers ask you over and over again?

Would you be interested in providing those questions and the answers for our Q&A section of the “Condo News”?

Patrick also has significant expertise with construction and commercial disputes. Patrick provides the full range of condominium solicitor services, and particularly enjoys attending and chairing difficult owners’ meetings. He has appeared before all levels of court in Ontario and has assisted in the preparation of submissions to the Supreme Court of Canada. He has also appeared successfully in multiple appeals to the Licence Appeal Tribunal on behalf of condominium clients appealing Tarion warranty deci-

If you are interested in contributing to our Q&A feature, please provide the questions and your answers along with a brief bio and head shot for a future edition. Five to six questions would be the minimum.

You can email them to admin@cci-ghc.ca

G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

What is a Condominium Policy, Program, or Plan?

FEATURE

What is a Condominium Policy, Program, or Plan? Michelle Kelly Robson Carpenter LLP

ost people are familiar with the declaration, by-laws, and rules of condominiums, but many are less familiar with policies in condominiums. This is not surprising as the only references to “policies” in the Condominium Act, 1998 (the “Condo Act”), are for insurance policies. In recent years, condominiums are more regularly creating policies to address a variety of topics. Sometimes a policy is created because the condominium has a legal obligation to create the policy. Other times a policy is created to guide decisions or conduct within the condominium. This article will describe some of the most common policies in condominiums in Ontario.

WHAT IS A POLICY? While the term is not defined in the Condo Act, it is defined in other legislation. Generally, a policy is a set of guidelines that support future decisions and define expectations. For condominiums, a policy may be created, amended, or repealed by resolution of the board of directors. It does not require approval of the owners. That said, the policy will only be enforceable if the board of directors had authority to make a decision on the subject-matter of the policy without approval of the owners. The policy must also be reasonable and consistent with the declaration, by-laws, and rules of the condominium. continued…

Condo News – SPRI N G 2021

REQUIRED POLICIES, PROGRAMS AND PLANS Condominiums may be required to create policies in a variety of situations. The most common situation is where a condominium has an employee (or more broadly a “worker” in some cases). Reserve Fund Investments The Condo Act requires condominiums to create an investment plan before investing any part of the condominium’s reserve fund accounts. The plan must be based on the anticipated cash requirements of the reserve fund as described in the most recent reserve fund study. It is wise to create the plan with the help of an investment professional. Workplace Violence and Harassment Policies and Programs Every employer in Ontario must prepare and review, at least annually, policies on workplace violence and harassment according to the Occupational Health and Safety Act (“OHSA”). The policies are required regardless of the size of the workplace or the number of workers, but there are additional requirements where there are six or more regular workers. The employer must also maintain a program to implement the workplace violence and harassment policies. It is important to note that the definitions of “employer”, “worker”, and “workplace” are very broad. For example, “worker” includes both employees and contractors. A worker could include a cleaner, landscaper, superintendent, or property manager depending on the circumstances. As such, it is likely that most, if not all, condominiums in Ontario would be required to have these policies and programs in place. A sample workplace violence policy and program has been produced as part of the Ontario Ministry of Labour’s Workplace Violence and Harassment: Under34

standing the Law guide which can be found here: https://files.ontario.ca/wpvh_guide_en glish.pdf It is important to keep in mind that the workplace violence and harassment policies and programs must be modified to reflect the risks of the workplace after the employer completes its risk assessment.

must be explained to employees. Interestingly, the focus for the AODA is on “employees” not “workers” like with workplace violence and harassment policies. Under the AODA the term “employee” excludes independent contractors and volunteers. Accordingly, it is possible that some condominiums may have no employees. In this case, the condominium would not be obligated to create accessibility policies or comply with

“

Even where condominiums are not obligated to create a policy it may be desirable to do so as they can be useful at describing expectations for the community.

”

Accessibility Policies The Accessibility for Ontarians with Disabilities Act (“AODA”) is designed to make Ontario accessible for persons with disabilities by January 1, 2025. It aims to do so by developing, implementing, and enforcing accessibility standards. The requirements for the accessibility standards differ based upon the number of employees of an organization and if the organization is a public or private organization. “Small organizations” are organizations with at least 1 employee and less than 50 employees, which captures many condominiums in Ontario. These condominiums should have created an accessibility policy by January 1, 2015. As a small organization there is no obligation to put the policy in writing, although it is recommended. The policy

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other requirements of the AODA. That said, these condominiums should still ensure their contractors and others comply with the AODA where required to do so. COVID-19 Policies & Plans Employers in Ontario have an obligation to protect employees from unsafe working conditions and hazards. As condominiums remain open throughout the lockdown, it is important for condominiums to create a COVID-19 workplace safety plan. A template COVID-19 workplace safety plan is available on the Ontario website here: https://www.ontario.ca/page/developyour-covid-19-workplace-safety-plan Some municipalities have additional policies requirements for condominiums, such as mask requirements in common elements and amenity areas. For exam-

ple, the City of Burlington passed a bylaw in 2020 that requires condominiums to adopt a policy to ensure that persons using the interior common areas are wearing a mask or face covering and condominiums must be able to provide a copy of the policy for inspection upon request by any person authorized to enforce the by-law.

RECOMMENDED POLICIES, PROGRAMS AND PLANS Even where condominiums are not obligated to create a policy it may be desirable to do so as they can be useful at describing expectations for the community. Anti-Harassment and AntiDiscrimination Policies The Human Rights Code (the “Code”) prohibits discrimination in five social areas, including housing and employment. Condominiums must comply with all five areas, if applicable, but the Code most often comes up in the housing and employment areas within condominiums. The Code protects against discrimination based on 17 grounds, including age, sex, family status, disability, and race. The anti-harassment and anti-discrimination policies are intended to make it clear that harassment and discrimination will not be tolerated. These policies set standards and expectations for behaviour within the condominium. The policies typically explain what types of behaviour are not permitted and set out the roles and responsibilities of various individuals. In recent years, many condominiums have passed these policies as rules to make them easier to enforce using the provisions of the Condominium Act, 1998. The Ontario Human Rights Commission has sample policies available on its website: http://www.ohrc.on.ca/en/policyprimer-guide-developing-humanrights-policies-and-procedures/5-anti-h

arassment-and-anti-discriminationpolicies Additions, Alterations, or Improvements Policies

is also important to note that the samples or templates provided are not substitutes for legal advice. Condominiums should speak to their lawyers for advice prior to enacting these policies.

Some condominiums have created policies to set out guidelines for owners looking to make additions, alterations, or improvements (“changes”) to the common elements under section 98 of the Condo Act. For example, the guidelines may explain the permitted types, materials, and colours of commonly requested changes, such as fences, screen doors, and landscaping features. These policies do not eliminate the need to comply with section 98 of the Condo Act, but they do make it easier for condominiums to ensure these requests are treated fairly and consistently for all owners. The lists above are not exhaustive. It

Michelle Kelly is a condominium lawyer at Robson Carpenter LLP in Ayr. She assists condominiums, managers, and owners throughout Ontario with a range of condominium issues. Michelle currently serves as Vice-President for the Grand River Chapter of CCI and previously served as a director for the Golden Horseshoe and London chapters. She regularly contributes articles to condominium industry magazines and is frequently asked to speak about condominium legal issues at seminars organized by CCI. Michelle also writes about condominium legal issues on Robson Carpenter LLP’s condominium management blog: www.ontcondolaw.com.

Condo News – SPRI N G 2021

April May June

20 th ... COVID: The Re-opening Blues - CondoTalk 28 th ... CCI National Leaders’ Forum 29 th ... National Spring Conference

17 th ... Introduction to Condominiums Course

September 27 th - October 21st ... September/ October Enhanced Directors Virtual Course Series

October

20 th ... Annual General Meeting 2021

Visit our website for more information

www.cci-ghc.ca 36

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Bill 218: COVID-19 Liability and Condominiums

FEATURE

Bill 218: COVID-19 Liability and Condominiums Christopher L. Dilts SimpsonWigle LAW LLP

he news a condominium corporation never wants to hear: There is a COVID-19 outbreak throughout the condominium complex. What happens if residents or visitors that contracted COVID-19 decide to sue? This question has been asked by many since the onset of the pandemic over one year ago. In this article, we provide the answer to that question and assess the impacts of Bill 218 on condominium corporations. Thanks to Bill 218, lengthily titled, “An Act to enact the Supporting Ontario’s Recovery Act, 2020 respecting certain proceedings relating to the coronavirus (COVID-19), to amend the Municipal Elections Act, 1996 and to revoke a regulation”, we are now able to answer that question with some degree of certainty. Effective March 17, 2020, Bill 218 prevents residents and visitors from taking legal action against a condominium corporation (or anyone else) if they contract COVID-19 while on condominium premises, provided that the condominium was complying with, or atcontinued…

Condo News – SPRI N G 2021

“

The best defence against any potential claim is to show that the condominium corporation has adopted rules and procedures to minimize the risk of contracting COVID-19.

”

mon-sense takeaways can be implemented: 1. Ensure that the condominium corporation is complying with the COVID19 rules, laws, and guidelines. If there is any question about whether the condominium corporation is in full compliance, contact Public Health Ontario, or speak to a lawyer;

tempting in good faith to comply with, the applicable COVID-19 rules, law, and public health guidelines. If the condominium corporation is following the rules (including federal, provincial, and municipal laws, and public guidelines), and is not otherwise being “grossly negligent”, the condominium corporation and its employees will be immune from liability stemming from a resident or visitor contracting COVID-19. There are some notable exceptions to the general rule outlined above: 1. It does not apply to any person that contracted COVID-19 prior to March 17, 2020; 2. It does not apply if the area where COVID-19 was contracted was supposed to be closed (i.e., a pool); and 3. It does not apply if the person that caught COVID-19 is a worker per38

forming services for the condominium corporation. The third exception is significant. If a worker (an independent contractor or employee) contracts COVID-19, that worker (or their estate) may be able to sue against the condominium corporation or otherwise make a claim to the Workplace Safety and Insurance Board as appropriate. There is no sure-fire way to prevent litigation from an injured worker. However, the best defence against any potential claim is to show that the condominium corporation has adopted rules and procedures to minimize the risk of contracting COVID-19.

Key Takeaways For a condominium corporation to properly take advantage of the protections offered by Bill 218, several com-

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2. Ensure that all workers use personal protective equipment and are following the applicable COVID-19 rules, laws, and guidelines. The best way to ensure compliance is to implement a written COVID-19 policy that applies to all workers; and 3. Keep yourself informed of any changes to the COVID-19 rules, laws, and guidelines. Things can change quickly, and it is important the condominium corporations keep up. Provided that the condominium corporation follows the COVID-19 rules and takes reasonable steps to ensure its workers do too, it will avoid (most) liability arising from any COVID-19 outbreak.

Christopher Dilts is an employment and human rights lawyer with SimpsonWigle LAW LLP whose practice includes advising condominium corporations of their rights and obligations towards workers and residents.

Managing and Maintaining Trees in the Urban Landscape

FEATURE

Managing and Maintaining Trees in the Urban Landscape Andrew Hordyk Arborwood Tree Service Inc.

rees are a beautiful addition to the Urban landscape and often thought of as maintenance free until they become a nuisance, pest ridden or too large causing concern for safety. With the help of a Certified Arborist who has the right mindset and a proper prescription of needs, the property manager and boards can gain an adequate peace of mind and know their trees are properly cared for. Trees are also sometimes regarded as a liability and yet they are such an asset to urban Landscape when properly selected, planted, pruned and cared for. There is a certain “Curb Appeal” in the real-estate world that helps value a property and trees are a contributing factor to this. In this article we will look at some of the primary concerns posed by past and present condo clients. Some of the topics will be planting, pruning and health care. When selecting a tree there is much to bear in mind, remember this is where it all starts! There is a saying that “you are better to plant a $100.00 tree in a $200.00 hole than a $200.00 tree in a $100.00 hole”. Meaning taking time for proper tree selection, species continued…

Condo News – SPRI N G 2021

and structure are important. Often times this results in going to a nursery and looking for the proper trees and of course finding a reputable nursery to deal with. Are they local stock? Are they native species? Do they grow in some shade or small areas? How big will this tree get? Are all questions that need to be considered before selecting the proper trees to plant. Preparing the hole will involve a good mixture of new and native soil for the tree to get established and the addition of Mycorrhizae. Mycorrhizae is the symbiotic relationship with trees and soil. It is a fungus that allows nutrients to access the vascular system of the tree and a key component to good root growth. Two of the biggest issues we see with planting are: trees are planted too deep, and mulch is placed on the bed and trunk too high. When purchasing from a Nursery, there is usually an excess of dirt on top of the root ball where the root flare needs to be exposed and sometimes up to 3" of soil removed from the top layer. This flare must be level or slightly above the surrounding level of turf or garden. Too rich of a soil is going to burn the roots so finding a good source of topsoil with a good blend of nutrients and not too high in manures is a key component to the life of the newly planted tree. We see so many times trees mulched like volcanos up the trunk. Three reasons for this are that many suppliers of services make money on weedless beds, how much mulch you buy and believe it is an acceptable practice for water retention. Tree beds require maintenance like anything else and there is only a small amount of mulch needed to retain moisture. Although aesthetically pleasing for the most part, the mulch up the trunk will encourage shallow root growth and eventually kill the tree as the roots will grow around the trunk and choke it. Keep all mulch off the trunk and root flare. Once a tree is established and healthy 40

it is now an asset to the condo and all the residents, offering shade, a home for birds and adds to the value of the property. Starting with a young tree, prune two to three years after planting is good for the future structure of the tree and its overall health. As the tree matures a three-year pruning cycle is key and should only involve a structural prune and to remove hazards or dead wood. During this process a tree can be prepared for its maturity and to be clear of houses, eaves, lights, signs, roadways and walkways. It is not uncommon for condos to wait too long to prune and, in turn, to achieve the goals required, damage can be inflicted on the trees due to large wounds and pruning cuts. Too often I have seen trees over pruned and elevated to look like a vase or a wine glass and also too much overthinning to give filtered sunlight to garden and grass. At no point of a tree’s life should there ever be more than 10% of the living canopy pruned out and this can be mitigated through a proper tree health care plan with a reputable company. Proper tree pruning has value, you cannot replace what was taken and if too much is removed from the tree you will see the tree respond

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with aggressive suckering and water sprouts forming to obtain necessary leaves for photosynthesis. If needed, certain tree species and planted areas need their soils replenished. This is where we advise the use of Kelp based products and compost tea. The best way for trees to receive the appropriate moisture in the soil is to maintain a healthy soil full of life and microbiology. This can only be obtained with the appropriate wet services and deep root injections of teas and organic health foods. Chemicals should only be used when absolutely necessary for damaging insects and then mitigated with teas later to replenish the life in the soil. The more aerated the soils are naturally, and the healthier the soils, the further the roots will go down and the better water retention they will have. I usually advise condos and boards to establish a good relationship with an arborist, preferably ISA, TRAQ and Qualified. It is well worth the investment to hire and pay a consulting arborist to put a program together for you on a 3-year cycle. This allows for regular inspections and proper prescriptions of the trees’ needs specific to the condominium requesting it. It also helps to establish a maintenance budget that will work for the board. Monthly payments and regular visits over the course of three years helps establish an understanding of what needs to be done and takes into consideration the history of the trees as well. Trees are living organisms that seal over old wounds, they do not heal, the wounds rather are buried under reaction wood and never come back to life again.

Andrew Hordyk is President, Arborwood Tree Service Inc. ISA Certified Arborist PR-0218A, TRAQ Qualified 1586, UVM 007 He is a Trainer for Arboriculture Canada Training and Education and an industry speaker.

Welcome to our Newest Members

to our Newest Members: CONDOMINIUM CORPORATIONS

BUSINESS PARTNER MEMBERS

Halton Standard Condominium Corp. #700 (Burlington)

Colin Gray, Colin Gray CPA Professional Corporation (Burlington)

Norfolk Vacant Land Condominium Corp. #40 (Simcoe)

Michael Rose, Third Watch Protection Services Inc. (Hamilton)

Wentworth Condominium Corp. #298 (Hamilton)

Craig Jobber, Clinicair Inc. (Oakville)

PROFESSIONAL MEMBERSHIP Heather Dopfer-Pederson, CPA (Oakville) Nikolin Papadhopulli, Butlers Management Services

INDIVIDUAL MEMBERSHIP Uta Saunders (Oakville)

New Member PROFILE New Member Profile - Clinicair

Clinicair clinicair.com Clinicair has provided HVAC Maintenance and Dryer vent services throughout the GTHA for over 30 years. Our exclusive focus on the condominium market has allowed us to develop many unique technologies and protocols to provide excellent personal and professional service in suite. Our Services: 1. Fan Coil & Heat Pump Annual Maintenance 2. Dryer Vent & Washroom Exhaust Cleaning 3. Make up Air Systems servicing Hallways 4. In Suite HVAC Duct Cleaning The Clinicair Guarantee: The Clinicair Team is highly professional and very well trained in the art of great customer service, your clients will enjoy our Team as they carry out their work in a clean and pleasant fashion. We Guarantee it! If you don’t get 10 times as many compliments about our crew as you get complaints, we will reduce our invoice by 5%. The decision is entirely left to the judgment of the Property Manager, Clinicair has no appeal process.

Condo News – SPRI N G 2021

Saturday, May 29, 2021 - Virtual This spring we take a look at the “gap” that 2020 created and plan for 2021 and beyond. Join condo/strata owners, boards, property managers, and professionals in the industry for a jam packed day of information and tips shared by our knowledgeable group of speakers from across the country. Our Keynote Speaker Jennifer LaPlante, one of Data IQ’s 2021 Top 100 Influential people in Artificial Intelligence, will explore how artificial intelligence is and can be used in our condos/stratas and the benefits and risks to those living in and managing these environments.

Join our Ask the Expert Panel which will give you an opportunity to ask those burning questions to various condo/strata industry professionals. Find out what is new with respect to condo/strata Insurance and what the Courts have been saying about condos/strata issues. Other topics covered during the conference include: • What should your Board’s To Do List look like? • What should you look for when hiring a property manager? • Is it time to change your governing documents?

Co-Title Sponsors

Don’t miss out on the only condo conference in Canada that is truly national with respect to G O L D E N H OR SESHOE CHAPTER OF THE CANADI A N CO N D O MI N I U M I NSTI TUTE 42 participants and speakers.

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MAINTENANCE COSTS: When are Unit Owners Responsible for Condo Repairs?

FEATURE

MAINTENANCE COSTS: When are Unit Owners Responsible for Condo Repairs? Gianpaul Callipo Aquazen Services

oronto has become “The City” for condo living. With a population of 5.6 million people, the city has seemingly decided that condos are the ideal way to go in providing housing to all those who want to live here. The developments keep growing: 20,000 new condos were built in Toronto in 2014, and it is estimated that another 60,000 are still on the way. While condo living is attractive for many people, providing access to amenities and conveniences not available to those in single-family homes, it also raises some issues; for example, who is responsible for residential plumbing repairs? The answer depends on a number of factors that we will examine here.

A Look Behind the Walls Generally, space in a condo development can be categorized in three ways: 1) Common elements. These elements are accessible to all residents, and most visitors. They include lobby areas, hallways, stairs, landscaping, and certain other areas desig-

Condo News – SPRI N G 2021

nated within the condo corporation’s bylaws. They also cover certain systems, such as electricity and plumbing that serves the whole building. These elements are maintained by the condo board or, by extension, the property manager, with funds from assessments collected from residents. 2) Exclusive-use elements. Private areas of condos are the purview of the individual unit owners. This encompasses the units themselves, as well as areas where you might have exclusive access, like your yard. 3) Other elements. An in-between kind of area, this encompasses places that are restricted for use by employees or workers of the condo corporation, such as maintenance facilities, storage closets, or areas that house mechanical aspects of the building. If you are ever confused about whether a part of your residential plumbing in Toronto is considered a common element or an exclusive-use element, the first place to consult is with your building’s declaration, bylaws, rules, and regulations. You can also speak with the property manager or condo board itself to seek clarification. Often, you will find that pipes, which are specific to your particular unit, will be your own responsibility, while structures that service more than one unit, or the entire building, fall under the responsibility of the condo corporation.

What to do When a Problem Arises? The first concern when a plumbing issue occurs is to obtain assistance as quickly as possible. Residential plumbing problems can quickly cause wide-spread damage that can ruin personal property, carpet, walls, wood floors, and more. Avoiding water damage is a top pri44

ority, as such damage can be highly disruptive and also dangerous – water can spread to unseen places quickly, which can promote the growth of hazardous mold. For residents, the first place to turn should be the property management company, particularly for leaks that are noted in the common areas, or which may be affecting more than one unit. Many offer emergency lines that operate 24 hours per day. If you are a condo board member or property manager, it is important to have plumbing contractors who understand high-rise plumbing systems at the ready. This ensures you have a crew that is responsive and dependable, and who can answer emergency calls, even outside of normal business hours. For issues that are individual to a resident’s particular unit, then the right place to turn is a residential plumbing company in Toronto, like Aquazen Services.

Minimizing the Potential for Plumbing Problems While all plumbing systems experience wear and tear over time and will eventually require replacement, repair, and general maintenance, there are things that both residents and condo boards can do to reduce the likelihood of potential problems. 1) Avoid dumping fat, oil, and grease down drains. One of the top problems that occur in residential plumbing systems is the presence of fat, oil, and grease (FOG). It is possible that anywhere from 40% to 50% of all sanitary sewer overflows occur due to FOG blockages, resulting in anywhere from 10,000 to 35,000 incidents per year. 2) Have regular inspections. The cost of maintenance over time is significantly less than the cost of an emergency repair. By having a profes-

G O L D E N H O R SESHOE CHAPTER OF THE CANADIA N CO N D O MI N I U M I NSTI TUTE

sional inspect the systems on at least an annual basis, you can ensure small problems are caught before they turn into big problems. 3) Rehabilitate aging pipes. If your building is aging, you may want to explore pipe rehabilitation options like re-piping and pipe lining. This can extend the life of your plumbing system and eliminate problems like pinhole leaks and corrosion. Aquazen offers comprehensive pipe lining services, and can answer any questions you have about this process. 4) Have pipes cleaned regularly. Condo buildings should be equipped with cleanout installations. Part of the residential plumbing maintenance process includes power washing the pipes to eliminate grease and fat build-up as much as possible. Understanding your properties plumbing is the best starting point. When evaluating your current plumbing needs, it is best to develop a maintenance schedule and work with a plumbing company that specializes in condominiums so you can be prepared to help your community when plumbing emergencies strike.

Gianpaul Callipo is President of Aquazen Services and a Master Plumber by trade. Founding and growing multiple plumbing and mechanical companies for more than a decade and the only plumber to rank #249 on the Profit 500 of Canada's Fastest Growing Companies. Gianpaul is dedicated to helping properties understand their plumbing systems, and offers specialized drain cleaning and kitchen stack services for the GTA condominium and apartment communities. Gianpaul can be reached at 905-766-3440 or gp@aquazenservices.com www.aquazenservices.com

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Condo News – SPRI N G 2021

Condo News - Spring 2021

Articles inside

MAINTENANCE COSTS: When are Unit Owners Responsible for Condo Repairs?

Bill 218: COVID-19 Liability and Condominiums

Managing and Maintaining Trees in the Urban Landscape

What is a Condominium Policy, Program, or Plan?

Feature Committee - Governance Committee

Condo Communications Matter... Let’s just do it

Q&A - 5 Most Frequently Asked Questions by Boards

Getting to Know the Golden Horseshoe Board: Tom Gallinger

New Condominium Authority Tribunal Powers Raise Concerns

Feature Condo: 20 John Street, Grimsby

Do You Have a Plan for Re-Opening?

Are You Ready to Re-Open?