CondoVoice - Fall 2008 by LS Graphics

www.ccitoronto.org

VOL. 13, NO. 1 • FALL 2008

P U B L I C AT I O N O F T H E C A N A D I A N C O N D O M I N I U M I N S T I T U T E - T O R O N T O & A R E A C H A P T E R P U B L I C AT I O N D E L’ I N S T I T U T C A N A D I E N D E S C O N D O M I N I U M S - C H A P I T R E D E T O R O N T O E T R É G I O N

Major Contract Management

Plus: ■

Toronto’s War on Waste

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New Condo Living – Surviving the First Year

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10 Key Things to Look for in a Community Webportal

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Section 98 – Consequences of Failing to Comply

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Inside, Outside, Upside Down - A Practical Guide to Reducing Energy Costs

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Condominium Conflict Resolution: Recognizing the Role of Culture

… and more

PM #40047005

Canadian Condominium Institute / Institut canadien des condominiums Toronto & Area Chapter 2175 Sheppard Ave. E., Suite 310 Toronto, Ontario M2J 1W8 Tel.: (416) 491-6216 Fax: (416) 491-1670 E-mail: ccitoronto@taylorenterprises.com Website: www.ccitoronto.org

Contents Features

Major Contract Management

10 Key Things to Look for in a Community Webportal

Sub-Metering: One Year Later

Mario Deo, LL.B. (Chair, Public Relations Committee Member, Conference Committee) Fine & Deo LLP

Section 98 - Consequences of Failing to Comply

SECRETARY/TREASURER Bob Girard, B.Comm, RCM, ACCI (Chair: Special Projects Committee) AA Property Management & Associates

New Condo Living - Surviving the First Year

PAST PRESIDENT

Inside, Outside, Upside Down - A Practical Guide to Reducing Energy Costs

2007/2008 Board of Directors PRESIDENT John Warren, C.A. (Co-chair, Conference Committee, CAI Liaison) Adams & Miles LLP

VICE-PRESIDENTS Armand Conant, B.Eng., LL.B., D.E.S.S. (Chair, Legislative Committee, Member, Conference Committee) Heenan Blaikie LLP

Janice Pynn, RCM, ACCI, FCCI (CCI National Liaison, CAI Liaison) Simerra Property Management Inc.

by Donna Farr

by Darryl Deen

by Maria Dimakas

by Avril Lavallee and Michael Clifton

by Janet Mitchell

by Christopher Harris BOARD MEMBERS Gina Cody, P.Eng., M.Eng., Ph.D., ACCI, FCCI (Chair, Education Committee, CAI Liaison) Construction Control Inc. Brian Horlick, B.Comm., B.C.L., LL.B., ACCI (Vice-Chair, Public Relations and Legislative Committees) Horlick Levitt Barristers & Solicitors

Toronto’s War on Waste

Condominium Conflict Resolution: Recognizing the Role of Culture

Lisa Kay (Member, Public Relations Committee, Conference Committee, Website Committee) Maxium Condo Finance Group Julian McNabb (Vice-Chair, Membership Committee) TSCC #1850 Vic Persaud, BA (Chair, Website Committee Member, Membership Committee) Suncorp Valuations Ltd. Bill Thompson, BA, RCM, ACCI (Chair, Membership Committee, Vice-Chair Education Committee) Malvern Condominium Property Management

EX OFFICIO DIRECTOR Jasmine Martirossian, B.A., M.A., PhD.

by Lynn Gorman

by Richard Elia

CCI News 5 6 48 50 51

President’s Message From the Editor New Members Condo Word Find Mark Your Calendars

ADMINISTRATOR - Lynn Morrovat ADMINISTRATIVE ASSISTANT - Josee Lefebvre

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President’s Message elcome back from a somewhat soggy summer; I hope you found space between the raindrops on your vacation to have a good time. While CCI Toronto also takes a breather during the summer, it does not do so on all fronts.

Over the summer, we continue preparations for the ACMO/CCI annual conference, together with our partner Rogers Cable. This year the conference will be held on October 31st and November 1st and the location, new this year, is the Hilton Suites Conference Centre at Warden and Highway 7 in Markham. This year’s conference will focus on building better values both physically and by improving the quality and value of the condominium lifestyle. The preliminary program is out and the speakers, topics and expertise available to you at this conference are without equal. It will be another great conference so make sure you plan to attend.

On the legislative front, the Ontario government has indicated a readiness to consider reviewing the Condominium Act. We have submitted preliminary information and recommendations to assist in their planning and are pleased that we are viewed as a significant contributor to their efforts. Hopefully, the government will eliminate the practice of some developers who in addition to selling the unit, in the very fine print of the disclosure statement, require that owners make the condominium buy or lease superintendent suites, guest suites, building equipment or other systems from the developer. It’s a bit like buying a car from a photograph and then finding out when the car is delivered that the steering wheel and wiring systems are extra. We would not put up with such a practice with cars and this abusive practice should not be allowed to continue in the marketing of new condominiums.

CCI Toronto’s Annual General Meeting will be held on Thursday November 27th at 7:00 p.m. Detailed information will be mailed to members in mid-October. There is a wine and cheese reception after the meeting that allows an opportunity to meet, mingle and expand the resources available to you, your Board and, ultimately, your condominium. I hope to see you there.

This is my last message as President and my term has been great; two years have just flown by. I have had the opportunity to meet the best, the brightest, the most interested and the most enthusiastic people who live in condominiums and who provide the goods and services that make this lifestyle possible. I have also been favoured with a great board, hardworking, focused and committed and Lynn Morrovat, CCI Toronto’s Administrator, has made my responsibilities as President light indeed. All the best, it’s been great. John Warren, CA

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From the Editor “TheCondoVoice” is published 4 times per year – Spring, Summer, Fall and Winter, by the Canadian Condominium Institute - Toronto & Area Chapter.

EDITOR: Mario Deo MAGAZINE DIRECTORS: Brian Horlick & Lisa Kay ADVERTISING: Marie McNamee COPY EDITOR: Ruth Max COMPOSITION: E-Graphics All advertising enquiries should be directed to Marie McNamee at (905) 852-2802 or marie@mcnamee.ca

If you are interested in writing articles for TheCondoVoice magazine, please contact Marie McNamee at (905) 852-2802 or at marie@mcnamee.ca. Article topics must be on issues of interest to Condominium Directors and must be informative rather than commercial in nature.

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

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

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. Publications Mail Agreement #40047005 Return undeliverable Canadian addresses to Circulation Dept. 2175 Sheppard Ave. E., Suite 310, Toronto, ON M2J 1W8

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Deficit Financing – Drawing the Line

As difficult as it might be for the fortunate among us to imagine, there are many boards and unit owners who endure seemingly endless, insurmountable deficits, and the detrimental effects of those deficits. While ongoing cumulative deficits up to five percent of the budget may be acceptable, in many cases, there are deficits over 50% of the operating budget, and, in some cases, the deficit is over 100% of the budget. These deficits are clearly not acceptable and must not be allowed to continue because of the profoundly negative effect they have on the community.

In virtually all cases, the auditor and the lawyer representing the condominium corporation will have clearly stated that the deficit cannot continue and must be dealt with either by short term borrowing or by special assessment. Even when that message is clearly understood by the board of directors, and steps are taken in an effort to remedy the deficit, such as the levying of a special assessment, the response all too often from unit owners is to requisition a meeting of owners to remove the board; at that time, what usually happens next is that a requisition to remove the board is called, certain community politicians/unit owners invariably promise that they will cure the deficit without raising common expenses, and, voila, a new board is elected at that requisitioned meeting.

In other cases, the corporation cannot afford the special assessment or the short term loan, and the deficit simply continues and mounts. Some deficits continue for over 15 years. The condominium corporation essentially suffers an ongoing crisis which not only depresses unit values, but depresses the community itself. Values sometimes drop critically and the new owners that buy into the building cannot afford any increase in common expenses. The building usually looks horrible, suffers from ongoing construction, which is sometimes not done properly because trades are not paid on time, while the corporation is under constant threat of the utilities being shut off. Consequently, requisition meetings occur regularly and board turnover is predictable. The essential feature of all of the above is that no board, no matter how many requisitions there are, is able to solve the problem of the deficit.

This regrettable situation, which plays out over and over again, can be attributed in whole or in part to the fact that there is no clear guidance in the Act regarding ongoing deficits. The situation is akin to that which existed in relation to reserve funds prior to the new Act, where there was really no guidance for the establishment of proper reserve funds and contributions to them. When the new legislation came out regarding reserve funds, even the worst condo boards had to pay attention and establish a proper reserve fund. It’s time that legislation is enacted to address what is acceptable and what is not in relation to deficits. Yes, it is true that the standard of care of a board of directors is breached if a deficit continues to be above a certain amount; however, this concept in law has not cured the problem for many communities. Some may say that the solution to the problem is an administrator. While administrators do serve a purpose, many administrations can be avoided if there is a clear legislative mandate that deficits cannot continue for more than a year, or two, maximum.

Mario Deo, LL.B.

CCI Toronto welcomes responses and comments from members. Please forward your comments to the attention of the Editor at ccitoronto@taylorenterprises.com

Major Contract Management BY DONNA FARR, RCM, ACCI

anaging major projects is part of the responsibilities of the Board of Directors and the Property Manager. Projects can range from garage restoration, roof replacement, and equipment replacement to refurbishing projects for the interior common elements. Sometimes these projects are done with a Consultant and other projects are managed directly by the Board and Management.

Time Line One of the most common problems with a major project is that there has simply not been enough time allocated to the planning and preparation stage. You really need to “count backwards” from the time you wish to have the project completed, allowing for the proper decisions to be made at every step. For major Reserve Fund Projects, you actually may need to start planning 2 to 5 years in advance, depending on the impact on the residents. Let me give you an example.

A 32-year old building has a major project in their Reserve Fund Plan to replace all the windows at an estimated cost of $1.3 million dollars in 5 years. The Board and Management know this is inevitable due to the current conditions of the windows.

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Approximately ½ the windows are composed of a sliding window unit, a sealed window unit and a metal panel, all enclosed by the window frame. The metal panels, which are thinly-insulated and are faced with press-board on the inside of the unit, are always cold and drafty. It makes the most sense to build out the area under the actual window with proper insulation, vapour barrier and drywall to eliminate this problem. However, this is going to have an impact on every resident’s decorating as the Corporation will only be installing standard painted drywall and will not be able to match paint or wall coverings in each suite. In addition, many residents will need to adjust their window coverings on those windows. The Board, in this case, decided to have their Engineer do the specifications for the new windows now. Samples of the new windows are then being installed in the

common areas to allow residents to see the change and all residents can be forewarned of the coming disruption to their decorating and plan for it.

The other thing that can greatly stretch a time-line for a project is the time it takes for decisions to be made. The steps in each major project are the same ■

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Selecting a consultant (if one is to be used) Investigation of the problem and obtaining the correct solution Resident input – often required for interior renovation projects or projects where suite entry is required. Writing specifications and tender documents Receiving the tenders and choosing the contractor Preparation of the contract documents (CCDC documents are

recommended on all major projects) and signing the contract.

Then there is the actual construction and clean up time. If this is an outdoor project, allowances must be made for rain days and normal construction delays.

Any one of these stages can be delayed if the Board is not having a meeting or the project is to be reviewed by a subcommittee of the Board before the next stage of the project can begin. If incomplete information is provided to the Board, there is the further delay of getting the answers to the Board’s questions and bringing the information back to the next meeting.

Receiving tenders It is extremely important that the tenders be sealed and opened with a Director and/or Property Manager present. This makes the process transparent and ensures fair practice. Once the tenders have been opened, it is likely that the Consultant will take some time to evaluate the bids before

making a recommendation to the Board of Directors.

Contractor Management Even when there is a consultant on the job, he or she is there primarily there to supervise the construction. Arrangements must be made for the contracting staff, including keys,

Is a Consultant required?

In almost all major projects, a consultant is usually required. The Property Manager, by nature, is a generalist and should not be relied upon for current Building Codes & Standards, technical expertise in the area of the repair or replacement, or the constant supervision required for a major project. Usually the consultant’s fees are more than saved by their specialized knowledge that allows the job to be completed properly. In that way the renovated component will last its full life-cycle, saving the Corporation from premature failure which can happen if the job is not properly specified and supervised. The Board of Directors and Property Manager are going to be busy dealing with resident management throughout the project.

When selection of the contractors who are to receive the tender documents is made, it is important that the Board and Property Manager are comfortable with all the companies on the list. In particular, check if the firms have condominium experience. Contractors who are not familiar with condominiums can get very testy once they find out they are going to have 250 “sidewalk superintendents” on the job. Deal only with firms that have condominium experience and references that check out from other Condominium Boards or Property Managers.

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washrooms (or Port-a-Potties), storage of materials and tools, parking for contractor’s staff, the deportment of the contractor’s staff, electricity and water supplies needed, any safety considerations and disruption of the building’s fire or safety systems. In some cases, these items are covered in the Specifications, but it should be reinforced at a pre-construction meeting with the Contractor and the Consultant.

Resident Management Prior to the actual work on the project commencing, it is wise to look at the project from the residents’ perspective and set procedures in place to deal with anticipated resident concerns. If the work is going to cause widespread resident inconvenience (such as being restricted from their balconies during a balcony repair project), it is a good idea to have an Information Meeting where residents can ask questions and express concerns before the project begins.

Communication with residents is very important before and during the project. Residents who know what to expect and are updated regularly on the progress of the job will adapt more easily to the inconveniences they may be required to go through during the project.

A main focus should be the safety and security of the residents. If the fire alarms must be shut down for a time, patrols of the area without fire protection must be done hourly and this may require a Security Guard to be hired. If the project involves going in to individual suites, it is recommended that Security be hired to accompany the contractors and that a note should be left in every suite where access was required indicating that the contractors had been there. Proper notice for suite entry is vital. Prior to a project requiring suite access taking place, management or staff should verify that there is a current key to every suite on file. Where work is being done on regular resident pathways, signs and barricades will help keep everyone safe. 10

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While a disruptive project is underway, pay attention to the areas of the property that are not directly affected and keep them as clean and attractive as possible. Hire additional staff if needed and make it part of the overall project cost.

One building I know faced 5 - 7 years of swing stage work to restore the building cladding. During each swing stage drop, areas of the property were barricaded off to residents and the whole appearance was not very attractive. The Board of Directors in this building decided to “beef up” the planting beds and plant additional colourful, showy flowers around the property. They may have had swing stages, but the residents were so proud of the gardens that it acted as some compensation.

Follow-up

Once substantial completion is achieved, take some time to sort out the paperwork. Using a project binder can help

keep track of everything from the consultant’s site visit reports to individual resident complaints. Make certain that you receive the warranty documentation and a set of as-built drawings for the project. Diarize warranty inspections that should be done through the life of the warranty. It doesn’t help anyone when you find something wrong one day after the warranty expires! Donna Farr has been in the condominium industry for 34 years, the last 20 of which have been with Brookfield Residential Services. She is presently a Senior Property Manager and Training Coordinator for Brookfield. She has taught both the ACMO Physical and Financial Management courses and authored the current Financial Manual for that program. She is a regular instructor of the CCI Director’s courses, usually co-teaching the Physical Management session with Dr. Gina Cody. ■

10 Key Things to Look for in a Community Webportal BY DARRYL DEEN, PRESIDENT, D-TECH CONSULTING he pace of business, and even life today, is positively supersonic. There never seems to be enough time to complete all the scheduled tasks each day. Businesses of all sizes are working harder and faster to meet their projected goals.

Managing a condominium is no exception. Condo Managers, and their Boards, have to work smarter to keep up. Selecting the right vendors and partners is essential, which requires careful deliberation before making any decisions. This is particularly important when you are preparing to put your â&#x20AC;&#x153;condominium faceâ&#x20AC;? on the Internet with a new, or newly refurbished community website/webportal.

pdf, and other technical details. You will definitely need someone who can do just about anything, or quickly find out how, or have an associate who can be at the ready. Properly integrating condominium communications and amenity bookings is crucial in the success of your condominium webportal. The board may have the vision, but if it is not executed well with the right community portal provider, the vision may lose its valour.

With these caveats, serious encouragement to find the right partner and ensuring that apples are compared to apples, here are the ten things to look for, in

rough order of importance:

1) Experience

You will need someone with all the techniques, tools and tricks that will help you prepare your website and accomplish your online goals. You should confirm that the candidate knows the web design, security, networking, project management and ultimately customer service.

When you interview vendors, on the phone and/or in person, you will get these answers swiftly enough. Take due time to get more important insights as

Before listing the ten key things to look for in a good Community website provider, let us define a few terms. Even though you may encounter variants on names like website, condo website, operations management, weâ&#x20AC;&#x2122;re talking about a provider that caters to the needs of your Ontario Condominium. This means more than simple design, or blasting out a prepackaged solution or US HOA based packages. You may need a provider who can help you develop content. You may need a provider who can plan smart site structure. You may need help getting a domain registered, files converted to

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ideas to bring them to fruition.

5) Marketing Experience

The easiest way to find out if your prospective web designers are good at marketing websites is to view their sites and their portfolio. That you are considering selecting them to design your site is a good first indicator that their designs convert. You’ll further want to ensure that you can find what you’re looking for on their site quickly and easily and that you can do the same on some of the sites in their portfolio.

6) Cost

Pricing for a condominium webportal can range from $30/month to $1500/month. The motto “you get what you pay for” is usually fairly accurate, but be mindful that sometimes you pay for name and glory rather than value. From a Canadian perspective, keep your condo webportal in Canada to protect yourself from the US Patriot Act. That’s step 1.

to the company’s character, level of expertise - and how well your personalities mesh. You will be working closely together, after all.

2) Customer Service Orientation

As important as experience is the mindset and attitude of making customer service a priority. If a designer/developer is too busy to answer e-mails or phone calls, will they be able to keep the production schedule? Ask for references, and make a point of actually calling them. Ask the prospect’s previous clients if the web developer was responsive, on time and effective.

3) Original Copy and Graphics

Creating professional and 100% original web graphics separates the adults from the kids every time. Most anyone can do some “quick and dirty” copy writing and slap it on a page with some 12

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pictures and hyperlinks. On the other hand, a talented and veteran designer will demonstrate knowledge of page layout, have a way with colour and know how to place elements on a page for best appearance and website performance. Take a good look at a number of the sites each prospect has built, and make sure no one is using “templates“ or “starter pages” that come with some software programs or are available (even free) on the Internet.

4) Creativity

You need to decide right away (before you even start talking to designers) just how much the designer you find will be involved in the conceptual process. Your designer may need to help you with some of the “big picture” questions, such as marketing, web copy writing (for search engines) and how to generate traffic. You want someone creative, but not a “diva” who won’t follow instructions or work with your

Step 2 is to find the right product for your needs. Ensure you are getting adequate backups, security and compare apples to apples. A “free” or “cheap” site from a unit owner or real estate agent, is quite different from a product developed for this sole purpose, with thousands of man hours in development and time.

7) Job Timeline

After you ask the developers how long the process will take, make a point of asking references if the project was, in fact, completed on time. A basic website may take as little as a week, while more involved and technically challenging sites could take a month or more. You need to know what the realworld turnaround time is for the specific people you are considering. You should also understand that there will be work for you too. Content and business rules need to be provided and intergrated. Even a simple task of selecting the right style or template for your webportal can take a while for the board to agree upon.

8) Communication Skills

Don’t hire anyone who insists on speaking to you in “computer-ese” or won’t explain unknown terminology. You have to communicate with this person about things that are important to your very vision, so you need to be clear at all times. If you cannot establish a good working relationship, it won’t matter if you have Bill Gates himself working on your webportal, it just won’t work out.

down your list of condominium webportal providers, but do not be afraid to use your intuition and heart to get a feel for each company’s honesty, integrity and character. Using this mix of study, inquiry, discussion, and feel, you will start to develop judgments about the available providers. Following this procedure thoroughly should result in finding a good match for your Condomin-

ium Community Webportal needs.

Darryl Deen is the President of D-Tech Consulting and creator of Condominium Softwares: Nexus Online Communites and CONDUIT. D-Tech Consulting is an IT Company specializing in Condominium software solutions. D-Tech also developed the ACMO website. ■

9) Full Service

There may be one or two things that your designer/developer cannot do, but for the most part you should be able to find a partner who can handle just about everything. Implementing your condominium webportal may require computers, wireless access or networking within your building, security desk or management office. A company that can facilitate this, is of great help in launching a successful campaign.

10) Availability

Are these prospects full-time web professionals? Or are they moonlighting from some other job, even a completely unrelated one? It may be that a parttime web designer who’s working elsewhere really can do a great job for you, but will he/she be available to meet with you during normal business hours? No matter what decision you make – full-time pro, part-timer or student – you must be able to get hold of your community webportal provider. Your community webportal will be around for years to come, make sure your provider is too!

Finally, do you homework before speaking with anyone. You don’t need to be an expert – after all, you’re hiring help, but you need to know enough to know what you’re hearing and ultimately buying. Getting caught up in features you don’t want or need, being driven on price alone or just plain old “getting sold” are easy things to take you off your initial path. Use all of this knowledge to narrow

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Sub Metering: One Year Later BY MARIA DIMAKAS, FINE AND DEO, BARRISTERS AND SOLICITORS t has been more than an a year since the Ministry of Energy announced that sub-metering would no longer be mandatory for condominiums, but optional. One would expect that with the passage of a year, the questions that were once relevant when sub-metering was the “hot topic” would have been answered.

Some of those questions have been answered, or at least solutions have been developed to deal with them or get around them. Boards of directors and managers are becoming more knowledgeable of sub-metering, and submetering providers are becoming more knowledgeable of condominiums and boards of directors. Nevertheless, the year since the Ministry’s announcement has not answered all of the questions relating to the implementation of submetering.

Although the Electricity Act, 1998 and its regulations confirm that condominiums do not have to amend their declarations and by-laws to introduce submetering, it is not always going to be the case with every sub-metering arrangement that boards of directors can implement a sub-metering system without first obtaining unit owner approval, or providing notice to unit

owners pursuant to Section 97 Condominium Act, 1998. Arrangements that, at first glance, may appear simple, may not in fact, be that simple on paper.

Apart from understanding how the submetering system works and whether or not implementation will be beneficial for a condominium, boards of directors and managers must have knowledge of the contractual arrangement proposed and its impact on the condominium for the term of the arrangement. For instance, boards of directors and managers must understand the implications of, among other things: who retains ownership of the sub-metering system (either at the outset of the arrangement, during or after the term); whether the condominium corporation is required to enter into a financing arrangement with the provider; when and how the arrangement can be terminated and the consequences of termination; what happens to delinquent accounts during and after the expiration or termination of

the arrangement; and, the extent of the services and involvement of the condominium corporation.

There are also practical implications in implementing a sub-metering system that will be unique to each condominium corporation depending on its membership. For some unit owners, the implementation of sub-metering will be a welcome change, yet others may question, oppose or even challenge a board’s decision to implement submetering. Education of unit owners by holding information meetings, and providing unit owners with the opportunity to meet and ask questions of the provider is essential. Explaining the changes that will result, answering questions and informing the unit owners of the benefits for the condominium as a whole, before implementing sub-metering may go a long way for unit owner and board relations. ■

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Section 98 Consequences of Failing to Comply BY AVRIL LAVALLEE AND MICHAEL CLIFTON

hanges1 to common elements and/or assets of the condominium corporation made by unit owners are primarily dealt with in section 98 of the Condominium Act, 1998, S.O. 1998, c. 19 (the “Act”). This section reads as follows:

Changes made by owners 98. (1) An owner may make an addition, alteration or improvement to the common elements that is not contrary to this Act or the declaration if,

(a) the board, by resolution, has approved the proposed addition, alteration or improvement; (b) sets out the respective duties and responsibilities, including the responsibilities or the cost of repair after damage, maintenance and insurance, of the corporation and the owner with respect to the proposed addition, alteration or improvement, and (c) sets out the other matters that the regulations made under this Act require; (d) subject to subsection (2), the requirements of section 97 have been met in cases where that section would apply if the

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proposed addition, alteration or improvement were done by the corporation; and (e) the corporation has included a copy of the agreement described in clause (b) in the notice that the corporation is required to send to the owners.

No notice or approval (2) Clauses (1)(c) and (d) do not apply if the proposed addition, alteration or improvement relates to a part of the common elements of which the owner has exclusive use and if the board is satisfied on the evidence that it may require that the proposed addition, alteration or improvement, (a) will not have an adverse effect on units owned by other owners; (b) will not give rise to any expense to the corporation; (c) will not detract from the appearance of buildings on the property; (d) will not affect the structural integrity of buildings on the property according to a certifi-

cate of an engineer, if the proposed addition, alteration or improvement involves a change to the structure of the buildings; and (e) will not contravene the declaration or any prescribed requirements.

When agreement effective (3) An agreement described in clause (1)(b) does not take effect until, (a) the conditions set out in clause (1)(a) and subsection (2) have been met or the conditions set out in clauses (1)(a), (c) and (d) have been met; and (b) the corporation has registered it against the title to the owner’s unit.

Lien for default under agreement (4) The corporation may add the costs, charges, interest and expenses resulting from an owner’s failure to comply with an agreement to the common expenses payable for the owner’s unit and may specify a time for payment by the owner.

Agreement binds unit An agreement binds the owner’s unit and is enforceable against the owner’s successors and assigns.

This article focuses on why and how a condominium Board of Directors should require compliance with section 98 of the Act and the consequences of not doing so.

Why Must a Board of Directors Require Compliance with Section 98 of the Act? 1.

The Obligation to Enforce

Subsection 119(1) of the Act requires a corporation, its directors, officers and employees and all unit owners and occupiers to comply with the Act, and the corporation’s declaration, the bylaws and rules. Furthermore, the corporation has a duty to take all reasonable steps to ensure

that the owners, the occupiers of units, the lessees of the common elements and the agents and employees of the corporation comply with the Act, the declaration, the by-laws and the rules (subsection 17(3) of the Act).

The corporation acts through its directors. Therefore, the directors have a corresponding obligation to enforce the provisions of the Act, its regulations, as well as the condominium declaration, by-laws and rules. Notwithstanding a few situations where delayed enforcement could preclude the successful enforcement of certain rules, the fact that a particular provision of the Act, any regulation, the declaration, any bylaw and/or rule has not previously been enforced by the Board does not excuse a new and/or an existing director from his/her obligations in this regard.

It should also be noted that the Act requires directors to carry out their duties honestly, in good faith and with the care, diligence and skill that a reasonably prudent person would exercise

in comparable circumstances. Additionally, case law states that the directors of a condominium corporation owe a fiduciary duty to that condominium corporation. Directors may be sued personally if they fail to fulfill their duties in accordance with both their statutory and fiduciary obligations.

As a result of the foregoing, the board of directors must take all reasonable steps to enforce the provisions of section 98 of the Act. 2.

Costs

In principle, if an agreement has not been required and has not been entered into under section 98 of the Act, then any changes that are allowed to be made to the common elements effectively become part of the common elements, regardless of who made them.

This means that any such changes to the common elements will be the responsibility of the corporation to insure and to repair and replace after

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damage or failure, as well as to make sure they are covered by the reserve fund plan of the condominium. The corporation will be responsible for the costs of such insurance, repairs and replacements. Such costs are therefore common expenses which are paid by all of the unit owners. The result is that a unit owner who derives no benefit from another owner’s changes to the common elements will nevertheless be responsible for paying a portion of its costs. This is an unfair burden on those unit owners who do not benefit from the changes. 3.

Future Owners

Section 98 of the Act protects the condominium corporation and other owners are protected from the costs and other effects of changes some owners may wish to make to the common elements. It also ensures that future owners of a unit have certainty as to what parts of the property are owned by them, are for their enjoyment or are their responsibility.

Where section 98 of the Act has not been complied with there can be uncertainty for any successors in title to a unit whose owner has made changes to the common elements. For example, a hot tub installed in the common element rear yard area of the unit without permission by a former unit owner and that is not the subject of a section 98 agreement may be presumed by the new purchaser of the unit to be part of the property purchased by him or her. However, if section 98 was not complied with, the new owner may find that, although he or she might technically own the tub itself (i.e. if it was a chattel included in the purchase price of the unit), he or she is not entitled to keep it in the rear yard.

Situations involving any changes to the common elements can become contentious and difficult to resolve. Active enforcement of the provisions of section 98 of the Act can help prevent such situations from arising. 18

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What Can a board do to enforce compliance with Section 98 of the Act? 1.

Obtain a court order to compel an owner to comply with the Act

Pursuant to section 134 of the Act, any owner or occupier of a proposed unit, a corporation, a declarant, a lessor of a leasehold condominium corporation or a mortgagee of a unit may make an application to the Superior Court of Justice for an order enforcing compliance with any provision of this Act, the declaration, the by-laws, the rules or an agreement between two or more corporations for the mutual use, provision or maintenance or the cost-sharing of facilities or services of any of the parties to the agreement.

It may be noted that where a case involves compliance with a provision of the Act, mediation is not a required first step 2. However, mediation might still be advisable in some cases involving section 98 disputes. For example, there are few set rules as to the terms that must be included in a section 98 agreement. A professional mediator may be able to help an owner and a corporation to negotiate terms of an agreement required by clause 98(1) of the Act that will be mutually acceptable and a preferable alternative to the stress and costs of court proceedings.

However, if a court application is preferred or required to settle the matter, the court may: (a) grant the order applied for;

(b) require the persons named in the order to pay, (i) the damages incurred by the applicant as a result of the acts of non-compliance, and

(ii) the costs incurred by the applicant in obtaining the order, or

The court’s powers under (c) are broad and virtually unlimited as they will depend on the circumstances. For example, “any relief that is fair and equitable in the circumstances” may include (if the court believes it is fair) authorizing the corporation to remove any changes installed by a unit owner. Preferably the court would aso order that such removal shall be at the owner’s expense.

An order of damages or costs made in connection with a compliance application under section 134 of the Act is added to the common expenses for the unit and the corporation is permitted to specify a time for payment of such damages or costs if these amounts are not paid, the corporation can enforce payment by way of a condominium lien and sale of the unit by power of sale if necessary (provided that the lien procedures are correctly carried out). 2.

What options does a condominium corporation have other than going to court?

Let’s assume for a moment that a unit owner has made changes to the common elements without complying with section 98 of the Act. The Board has written to the owner on several occasions, and has spoken with the unit owner, but the owner refuses either to remove the changes or to comply with section 98. The changes are unobtrusive and inexpensive and the condominium corporation does not wish to incur the expense of obtaining a court order or mediation. What other options does the condominium corporation have? In such cases, the board could write to the unit owner and take the position that unless the owner complies with section 98 of the Act and, in particular, enters into an agreement with the condominium corporation under clause (98(1)(b) of the Act to identify ownership of the said changes, then the changes must be treated as part of the common elements and that therefore, pursuant to the rights of the corporation under section 97 of the Act, the board will take steps to

have the changes removed.

Although the logic of this approach seems clear, in our opinion this remedy should be exercised cautiously and not without legal counsel beforehand. A board should ensure that the unit owner is first given a fair and genuine opportunity to comply with section 98 of the Act. The condominium should have a clear record which confirms that the unit owner refused to comply and that the condominium corporation provided clear notice that the changes would be removed as a result of noncompliance. In many cases, a unit owner receiving such notification will become more cooperative, particularly if they also have legal counsel who understands the implications of the Act. However, the response of the unit owner cannot be guaranteed and the corporation might end up in court anyway.

For example, if the nature of the changes were such that removing them involved actually handling, and potentially harming, any property that clearly is the unit owner’s property, then a court order may still be advisable to protect the board from civil or criminal liability that could arise from such removal.

In addition, when exercising this option, the board should carefully consider the requirements of section 97 of the Act before it proceeds with the removal of any changes to the common elements made by a unit owner to ensure that all the requirements of that section are also properly met.

So what does this mean for a Board of Directors? As a director on a board of a condominium corporation, you have a statutory and fiduciary obligation to enforce

the provisions of the Act. Where a unit owner has made or wishes to make changes to the common elements but does not wish to comply with section 98 of the Act, in many cases, a board must commence court proceedings to enforce these provisions. Directors should be aware of this obligation and should not hesitate to seek legal advice if they are concerned about their obligations.

Notes 1 For the purposes of the Article, a reference to a “change” or “changes” includes any addition(s), alteration(s) or improvements(s) to the common elements. 2 McKinstry v. York Condominium Corp. No 472, (2003) O.J. No. 5006, at paragraph 19.

This article was reprinted from the Autumn 2006 issue of Condo News, the newsletter of CCI’s Golden Horseshoe Chapter. ■

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New Condo Living –

Surviving the First Year BY JANET MICTHELL

This is written from my perspective as a neophyte condominium owner of two years duration and as the President of the first Owner’s Board of our Corporation which has been in existence for only ten months. Like any birth, the transition from Declarant Board to Owner’s Board has been painful and difficult. I didn’t expect it to be a cakewalk, however I could not have anticipated the hurdles we would encounter. They have not only been annoying but potentially costly and have left me stunned by the amount of manoeuvrability a building appears to have to fudge the details of contracts and agreements which the vast majority of reasonable people would consider to be enforceable.

o give credit where credit is due, our builder procured a great property, hired an excellent designer and developed a building of which he and the new owners can and will, ultimately, be proud. We believe ourselves to have the most beautiful building in the GTA – spacious, bright and well designed with magnificent ravine views. The builder should be a hero in our eyes, so I ask you, “Why are we angry and ready to condemn him to builder purgatory?”

The problem we have is not with the product but with the process. After two

years of ownership we are still struggling to get the final touches in the building completed and we have been stunned by our builder’s ability to straddle the line between indifference and hostility toward his customers.

We’ve all heard horror stories about purchasers buying units which, on receipt, didn’t resemble what they thought they had purchased. This isn’t our story but we have endured avoidable hardships. What we’re beginning to realize is that there is a lack of consumer protection in the condominium buyer/seller relationship. As many Fall 2008

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When we purchased the builder told me that he intended this building to be a “show piece”. new condominium purchases are from plans the builder and his agents can pretty much promise the earth and deliver the dirt.

Hopefully, my husband and I will not need to move again until our children organize our seniors’ care facility but, if such an occasion arises and we want or need to do so, buying from pre-built plans will not be a viable future option. As I’ve slogged my way through the Condominium Act and the Building Code, and interviewed public officials, engineering consultants, and Tarion employees, I have learned that those

shiny brochures, smooth sales pitches, builder’s promises and even the “as built plans” are fluff to be easily swept away under the axiom of, “I changed my mind”.

For starters, our builder said, “This building is barrier free.” Excellent! As aging pre-boomers we must consider the necessity to easily access the building from the various levels. In reality, this building is not more or less barrier free than any other. Although the “as built” plans show electronic door openers, none exist. Can we force the builder to install these? Well, perhaps

if we are willing to take him to court. His attitude is: “What you see is what you get.”

This first year as a new Board has been a tremendous amount of work. No one could have reasonably expected that right after the turnover meeting when the Board contacted the builder to request a meeting to address what and when we could expect a variety of tasks to be completed and ask questions about what we should know about the building in order to ensure it was properly cared for and managed, we were shocked when he refused such a meeting on the basis of, “I don’t need any more meetings, the Board is in place and it is now up to you.” Wait! Isn’t there an exit strategy?

There was no exit strategy communicated to us except that in August the builder said he would be out by October; then in December he said he would definitely be out in January. It is now May and he hasn’t vacated the premises, finished the meeting room, completed all of the common area carpeting, repaired the various and sundry damage that his workers have inflicted onto the building or even cleaned up the debris which is an inevitable part of the construction process.

As President and as an individual owner I had expectations which included a strategy such as: Once all of the units are completed we will complete the meeting room and the stairwell carpeting. Then we will flush the drains, clean the garage, clean out the eaves and down pipes and starting from the top floor work our way through the building repairing and painting as required, finishing with a good steam cleaning of all carpets. The garage door did not hold up over the first winter and needs to be restored. Then, such furnishing as is required in the lobby, sitting areas and 22

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meeting room will be set in place. This all seems reasonable to me but the builder is having none of it and day by day I find a new scrape on the wallpaper or a new stain on the rug from the construction activity still in progress.

When we purchased the builder told me that he intended this building to be a “show piece”. It would be finished beautifully and comfortably. I believed him but apparently, it will now fall to us to put in place these final details; or we are faced with meeting our builder in court to pursue redress.

Blissful ignorance existed for us for almost a year before we gave any thought to the legalities of this type of ownership and Corporation business was not even on our horizon. Summer, fall and winter passed before we were settled enough to look outward and start to question such things as, “Who is the elderly man who wanders around the building periodically and drops fleecy pads into the garbage pails.” “He’s the Property Manager?” “Well, I’ll be. Is that all you have to do to be a Property Manager?” Construction was ongoing and was beginning to wear on our nerves. Workers strutted up and down the hallways in their heavy, dirty boots trodding down the carpets and leaving dry-

wall dust in their wake; no one seemed to be cleaning the building and it got progressively dustier. The newly painted trim around door frames and the elevator door started to get banged up from the sub-trades moving materials in and out. The building hadn’t even been sold out and it appeared to be aging before our eyes. How could we take control of this situation? Recognising that the entire building represents part of each owner’s housing asset we were getting increasingly concerned and needed to address some of the legal issues of ownership and management. Whoever the old fellow was, he certainly wasn’t doing anything to increase the value of this building.

Our research missed some legal realities. We did not acquire and study the Condominium Act, or make ourselves cognizant of the prevailing rules, regulations, by laws, or time sensitive issues. We didn’t know the legalities as they applied to the building, the Board of Directors, the purchasers or the Property Manager. It became obvious, over time, that if you want to live in a properly managed building where values grow at or above the market there is a certain amount of basic knowledge which a potential owner should pursue. As the old saying goes; when the student is ready to learn, the teacher will appear.

Voila! The Condominium Handbook (Ontario) for Directors, Managers, Owners and Purchasers, put out by the Canadian Condominium Institute fell into my hands. Chapter Four: Taking Over Control from the Developer was enlightening. There actually exists, in law, a requirement for the developer to turn over the building to an owner Board of Directors within a timeframe which was well and duly, in our case, past due. So, thanks to this easily read little handbook the educational process began.

We, undoubtedly, should have been aware of the information in this handbook much sooner and would soon find out that our lack of knowledge had serious implications when it came to such issues as the Tarion Warranty Program. Let me remind you here that we had a Property Manager. He had, we were told, thirty five years of condominium management experience and knew all there was to know about the Condominium Act and what was needed to keep a building humming. This is a very significant piece of information as a new purchaser is unlikely to know that there is a time limit beginning at the time of registration when the building must be turned over to the owners’ Board of Directors, and when such studies as a Performance Audit must be conducted and submitted to Tarion. In our case this did not happen and we quickly found

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out that Tarion is not a consumer protection agency which looks after the rights of purchasers. Quite the contrary, if the builder spins out the warranty time period and does not perform all of his legal obligations for studies dictated by the Act, Tarion will not stand behind their obligation to protect the purchasers and in our case we lost the first year’s warranty protection which Tarion was supposed to guarantee us.

Many builders have a Property Management Company behind their major corporation and in a few cases

ups in the building but hadn’t been paid in months, several required and/or mandated services weren’t being performed and contracts weren’t in place for even the most basic of services.

The Condominium Act requires insurance coverage at full replacement value. We were insured for just over half of this amount. And to add insult to injury, our fidelity insurance was null and void as there was only one signature on cheques and bank accounts. The Reserve Fund was “invested” in a non-interest bearing account with a

building, without unlimited resources, I have frequently fired off e-mails asking for information on one thing or another. I have found them to be an enormous educational resource, and a reference point for professional contractors. I’m hopeful that CCI will also provide a forum for lobbying for stricter, more enforceable rules of engagement for builders who, in my opinion, should be more highly regulated.

With the benefit of hindsight to draw upon I have the following recommendations for anyone who is contemplating purchasing a new condominium or for any owner who might consider serving their Corporation as a Director:

POTENTIAL NEW PURCHASERS Research the Builder

this enables them to maintain more control of the day to day operations of the corporation. Control that should be in the hands of the owners. It should be noted that this is the exception to the rule. Most declarants do not take advantage of this situation. With all of the documents, supposedly, in the hands of the Property Manager neither the Board nor the owners know if these are, or are not available. It is a useful and convenient tool for the builder.

In our situation, the Property Manager was the builder’s relative. He told us that all of the documents had been turned over to him. When he was subsequently dismissed for lack of performance, we were shocked to discover that almost no documentation existed. In reviewing the financial records we found an amazing number of late payment charges, our record with hydro was jeopardized by late and non payments, we were paying for a long distance plan for the entry phone which was used only for gaining entry to the units, one supplier had been performing monthly check-

high monthly fee. As if this isn’t enough, the Corporation’s condominium fees were incorrectly allocated in a couple of instances and the builder’s fee contributions were not up-to-date. Our books and records were in such a state of chaos that we were forced to go self-managed at the time in order to sort out all of the pitfalls and to put the necessary contracts in place. When we, ultimately, turn over the Corporation’s management to a properly qualified property manager we want to be sure that policies exist to prevent a reoccurrence of this sorry situation.

There is no doubt that this first year has been frustrating and difficult. However, we are nearing the builder’s exit date. When our building is solely under the care and management of the Board and owners we can apply our time and energy to ensuring the building lives up to its potential as a quality, luxury building. Our saving grace, throughout the past year, has been the invaluable assistance we have received from CCI. As a small

Check out what the builder has built before and see if it meets your requirement. Has he built a condominium townhouse complex? Has he built an apartment building? Look at these and judge them harshly. Talk to the Directors and see if they will tell you what their initial woes are.

Get Everything in Writing

The advertising material is very sleek and attractive but just as every purchaser won’t look like the gorgeous model in the brochure, the building is unlikely to completely come up to such a standard either. So, when the builder tells you, “The lobby is going to be fantastic, I’ve hired the top designers.” Ask who the designer is and ask to see the design plans. If you put in an offer ensure a copy of the common area designs are included in your offer. You aren’t just buying an apartment. The common areas are included in your price of purchase and you should be certain that they mesh with your expectations as an owner.

Barrier Free Access

Get the builder to define this term for you as it is not covered in the Act of the Building Code and therefore, it is what he says it is. If this is important Fall 2008

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Our saving grace, throughout the past year, has been the invaluable assistance we have received from CCI. to you and your family then you must get it documented into a form which is legally enforceable and ensure it is mentioned in your offer.

Join CCI, hire a good condominium lawyer, accountant and engineer.

Get a Copy of the Condominium Act

Check Contracts for the Building’s Maintenance

The Act is a tough place to start so you might want to obtain a copy of the Condominium Handbook from CCI. Initially all of this is quite difficult to plough through but it gets easier as you read it and think through the implications.

Ask the builder for a copy of the Declaration, By Laws and Rules of the condominium which will have been prepared by his lawyer. These may well be subsequently changed to reflect the interests and attitudes of the owners, however, it is your starting point and there is no assurance that a situation which you find quite intolerable will change.

Board Members

Check the Property Manager’s contract and have him/her explain what he is doing and how it benefits the Corporation.

Check the banking records and accounts and ensure two signatures are required for all financial transactions or you will, undoubtedly, find you have no fidelity insurance to cover the Corporation in the eventuality of a claim.

LEGISLATIVE REQUIREMENTS Consumer Protection

Investigate the current PM and look at other buildings he/she manages. Talk to Board members of those buildings and try to get a feel for the type of work being done.

The condominium market clearly needs a few more rules in place to bring it up to the consumer protection standards we would demand if buying a new car or even a toaster. It has been disappointing to learn how much leeway a builder has under the law.

Builder Budget

Truth in Advertising

Who is the Property Manager?

The builder is anxious to sell out as quickly as possible and it is not unusual for the budget to be artificially deflated to encourage sales. It can be quite a shock to have it significantly increased immediately after you move into a suite. If you have read the CCI Handbook you will see that there are several legislated studies which must be done. Are these reflected in the budget? Be realistic, can this building really be operated for this price and does the builder stand by his budget?

This should apply in the advertising of a condominium; as much as it does in any other field. When a builder shows a standard of finish in his advertising materials, delivery should be assured.

Tarion needs some serious regulating to ensure it protects buyers’ rights by requiring builders to meet their deadlines.

This article was reprinted from the Summer 2008 issue of Condo News, the newsletter of CCI’s Golden Horseshoe Chapter. ■

Completion Date:

Ask when the builder expects to be off the site. This date can be very fluid but it won’t hurt to ask. Fall 2008

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Inside, Outside, Upside Down – A Practical Guide to Reducing Energy Costs BY CHRISTOPHER HARRIS, PRESIDENT, MTCC #797

CCI Toronto is thrilled to announce that MTCC # 797 has been announced as the first quarter finalist of the newly launched Condo of the Year Award. The following article was written by MTCC 797 President, Christopher Harris as part of the corporation’s submission for entry to the contest. Our congratulations are extended to MTCC 797! Further details on this contest may be found on page 34 or on the CCI-T website at www.ccitoronto.org. The closing deadline for the next quarter submissions is: November 3rd, 2008. The annual grand prize winner will be selected from amongst the four quarter finalists in the early fall of 2009.

eard a lot about reducing cost/saving money through energy conservation upgrades within your condo, but don’t know where to start? Already well on your way and looking for other opportunities to consider? Or possibly just perusing this magazine for a riveting article? Well look no further! This article provides a practical guide to initiatives already implemented, or under consideration at a condominium just like yours. Without a doubt this article will get you thinking about everything from simple things that can be done to influence consumption to initiatives that will result in an overhaul of your condominium’s ‘physical plant’ (the systems that deliver heating, cooling, ventilation, etc, to your common areas, and in the case of many condominiums, your Owners’ suites).

The beauty of the approach used at our condominium complex was that all initiatives were implemented at no additional cost to Owners. In essence, ‘for free’. Energy savings were used to exactly offset the cost of changes being implemented. A pretty compelling argument for implementing proven technology. Add to that the fact that these initiatives serve to reduce contribution to Global Warming, and you have a wonderful story to share with your Owners. Who wouldn’t feel good about going green, especially if it cost them nothing to do so?

Inside

The first step is to evaluate areas ‘within’ the control of the Board of Directors, for potential savings. In the case of our condominium, this included:

- Lighting: in the garage, stairwells, hallways, mechanical and locker rooms. Simply replacing incandescent or T12 fluorescent fixtures has a significant impact on cost.

At this point our condominium is evaluating the installation of occupancy sensors to achieve even greater levels of savings. This technology, widely deployed in Europe and the US, reduces lighting to ‘emergency levels’ (the lighting that remains on during a power failure) after a period of non activity in that area. Even breathing is detected by microphon-

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ic based sensor systems, ensuring that lighting levels are not reduced while the garage is occupied.

- Boilers: both Heating and Domestic Hot Water, consume tremendous amounts of energy. Even boilers deployed in newly constructed complexes are typically not of the highest efficiency. This is because high efficiency units cost Developers more to install, and this cuts into their profit margin. In our complex, we replaced boilers that were 15 years of age, with high efficiency gas boilers.

- Chillers: although replacing chillers solely based on energy savings is not realistic, recently enacted provincial CFC legislation requires the replacement of R11 based systems before 2012. Federal legislation requires the replacement of HCFC based systems (R22, HCFC-123, etc.) by 2020. Replacement of existing chillers with the latest technology will result in significant energy savings.

- Ventilation systems: make-up air unit fans run 24 hours a day. Replacing constant speed fans with variable speed units, for those periods of the day where there is reduced activity in the building, provides energy savings.

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The beauty of the approach used at our condominium complex was that all initiatives were implemented at no additional cost to Owners. - Garage fans: exhaust fans run 24 hours a day. Installing carbon monoxide sensors to control fan use, especially in heated garages, delivers savings. In unheated garages installation of carbon monoxide sensors should be combined with the installation of occupancy sensors for lighting, in order to minimize installation costs and deliver a payback based on energy savings.

- Control systems/Building Automation Systems (BAS): these systems replace the timers or manual adjustments to boiler, chiller, lighting, ventilation, etc, systems throughout the

changing seasons. Fine tuning temperature settings delivers significant savings. In my building, for example, during the heating season we are able to turn off heating boilers when the outside air temperature rises above 10oC, without impacting the comfort of our Residents.

- Building envelope: a potential source of both water infiltration and the loss of heat or cool air. Sealing the building envelope not only prevents water damage but also reduces drafts in the building, which in turn reduces heating and cooling costs. - Windows: similar to the building envelope, poorly sealed windows increase heating or cooling loss. Replacing poorly sealed windows reduces heating and cooling costs.

- Smart meters: : the argument in favour of smart meters is that by making suite Owners responsible for their actual cost of consumption, they will replace less energy efficient appliances and will also change their use of electricity, resulting in a significant reduction in their consumption. In the case of our condominium, where heating and air conditioning is provided centrally, the Customer Service charge appearing on the monthly bill to each suite

would more than outweigh any savings, increasing the overall cost for electricity by as much as 50%. Based on our analysis we decided not to implement smart meters.

Unsure of where to start or the cost benefit associated with any given initiative? An Energy Service Company can perform a detailed energy study to determine the largest savings opportunities within your condominium. Consider implementing both short and longer term payback measures (initiatives), so that you can undertake the largest scope while realizing the shortest payback possible.

Outside The next step is to evaluate areas ‘outside’ of the control of the Board of Directors (i.e. within the Owners’ suites), yet paid for by the Corporation. For our complex this entailed: - Water consumption:

evaluating

areas of water consumption/ inefficient water use or leakage, and developing voluntary programs to address those areas. This included: - Toilets: replacing toilets with 6 L or dual flush toilets - Shower heads: replacing shower heads with low flow shower heads - Faucets: replacing older/leaky faucets with new faucets

Details on the program developed in our complex, which offered “free” toilets and shower heads (cost for turn key installation was covered by the City of Toronto rebate as well as reduced water consumption over a 3 year period), were shared in the October ’07 issue of Condovoice.

- Electricity/gas consumption: - Appliances: replacing older appliances with energy efficient appliances. Our condominium leveraged the buying power of our Owners to negotiate whole-

sale/contractor pricing with a major retailer. It is our hope that the motivation of reduced cost, combined with the provincial tax rebate on high efficiency appliances and the City of Toronto rebate on high efficiency washing machines, will be enough of an incentive to encourage Owners to replace their appliances. Higher efficiency washers and dishwashers also mean reduced water consumption, as well as reduced gas consumption (less water to heat). This is a great example of a program that can be undertaken with no financial investment from your corporation.

- Programmable thermostats: older thermostats are not accurate, and cannot be set up to automatically turn down/off heating or cooling when at work or sleeping at night. Programmable thermostats are

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worth considering to help reduce costs. In the meantime, why not encourage Residents to turn their heating or cooling off when at work, away from home for the day, or on vacation?

The best way to influence the behaviour of Residents, over-and-above appealing to the virtues of being green? Develop a program to allow Owners to buy the product/service (including install) at wholesale prices (lower prices, less hassle = greater participation). Subsidize cost based on savings per item (toilets, shower heads) over a 3 year period.

Upside Down Finally, look at things from a different perspective. Ask yourself and others lots of questions, including: - How can we implement upgrades ‘for free’? - Are there areas of consumption that

we haven’t considered? - How can we influence consumption? - What reduces efficiency over a period of time?

Implementing Upgrades ‘for Free’

Finance the cost of upgrades based on monthly consumption savings resulting from those upgrades:

- From your reserve fund: ‘borrow’ the required funds from the reserve, and repay at the current interest rate charged on loans (eg. prime rate + 100 basis points). Savings and the interest rate will determine the term of your ‘loan’. This option is worth considering if the funds to undertake the initiative are not available in your operating budget. As long as the amount to be borrowed from the reserve fund is not immediately required for other projects, you will realize a higher interest rate than through your bank or government bonds.

- From financing companies such as: - Maxium Condo Finance Group - Citi Financial

- Or, just fund from your operating budget if you have already planned for these expenditures

Areas of Consumption that You may not Have Considered - Migrate landscaping to drought tolerant native plants (native to your bioregion/local genetic stock) over a 5 year period, to reduce both water consumption and fertilizer use. This will also help sustain local wildlife.

For Toronto area information: http://www.toronto.ca/trees/tree_plan ting.htm

- Reduce the use of chemicals for pool water treatment through the installation of an ozonation system. Although not directly related to ener-

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Do you think your condominium has what it takes to be named as the

CCI Toronto Chapter

Condo of the Year?

CCI is pleased to announce the condo of the year award, open to all CCI Toronto & Area Chapter corporate members. The contest will open July 1st, 2008 and will run until June

30th, 2009. Quarterly finalists will be selected by the CCI-Toronto Membership Committee

and the winner of each quarter will be featured an upcoming quarterly issue of the CCI CondoVoice magazine. The Grand Prize winner will be selected from amongst the four quarterly finalists by the Public Relations Committee and will be announced in the fall of

2009. The grand prize winner will be announced at the 2009 Annual General Meeting and will receive a street entry sign for their corporation – a prize worth up to $5,000.

Judging Criteria for this award will include any or all of the following: • Good Governance

• Forward 'Thinkingness'

• Social Fabric of the Community

• Consistency

• Energy Initiatives

• Environmental Concerns

• Effective Use of Committees

• Any other unique approach or program

• Communications Interested applicants should forward their submission, including photos and an article outlining why they feel their corporation is worthy of this award to:

CCI Toronto and Area Chapter, 2175 Sheppard Ave. East, Suite #306, Toronto, ON M2J 1W8 or email to ccitoronto@taylorenterprises.com

For further information, please visit the CCI Toronto website at www.ccitoronto.org

gy savings, reducing in the use of chlorine will serve to extend the life of your piping and pool systems, not to mention increasing the comfort of those using the pool.

Influencing Consumption The most effective way to reduce consumption is to influence the behaviour or Residents. Simple ways to influence that behaviour include: In suites: - Post a notice on reducing air conditioning or heating consumption in suites - Adjust the thermostat when you (your Residents) are at work - Turn off heating or cooling when on vacation - Close or open blinds on sunny days (depending on season) - Close or open windows on cool days (depending on season)

In locker, mechanical & electrical rooms: - Post ‘Please Turn Lights Off When Leaving’ signs on doors Speak passionately about energy conservation to stir the passion within Residents. Everyone wants to be part

of a good thing and feel like they are helping to make a difference!

Things that Reduce Efficiency over a Period of Time You should also give some thought to make sure that the efficiency of your upgraded equipment is not compromised. Areas that our condominium has addressed include:

Particles in water: - Install a ‘point of entry’ water filter (on municipal water supply) to filter out particulate matter that would otherwise lodge in and build up under seals in plumbing fixtures and valves, causing leaks or reducing the flow of water

Build up of debris on heat exchangers (in boilers and chillers):

- Install a ‘sludge separator’ to remove iron particles from closed loop boiler and chiller systems

- Particles/sludge act like insulation between water and heat exchangers, reducing the transfer of heat/energy efficiency

- Removal of particles/sludge also serves to reduce the deterioration of piping, and thus extends the life of these systems

Our Results

Impact of our efforts? Consumption has been reduced thus far by 22% for gas and by 18% for electricity, based on meter readings between July 2007 and January 2008. Consumption will be further reduced once all energy conservation initiatives have been completed, and we have a full year’s worth of meter readings to reflect their combined impact. In addition, CO2 emissions have been reduced by 560 tonnes annually.

This theme was originally presented at the Canadian Condominium Institute’s (CCI’s) Annual Conference in November 2007. South Kingsway Village (SKV), the author’s condominium complex, was recognized with a Green Toronto Award of Excellence for Water Conservation in 2007, and an award of Excellence for Energy Conservation in 2008. In both years, the other finalists were businesses in the commercial or industrial sectors. SKV is the only condominium ever to have been a finalist at these awards, let alone a winner. Christopher Harris christopher.harris@rogers.com Chair, Energy Conservation Committee, and President, Metropolitan Toronto Condominium Corporation # 797

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■

Toronto’s War on Waste City Levies vs. Private Haulers BY LYNN GORMAN he City seems to treat residential homes very differently from Condos, considering the amount of property taxes each building pays per square foot of land. How long would it take a garbage truck to pick up waste from 200 homes compared to spending 20 minutes at one building with 200 units? Homeowners receive free of charge blue, green, grey and organic boxes from the City. Condos get told they have to buy their waste and recycling bins. This doesn’t seem to be equitable treatment.

Effective July 1st, 2008 The City of Toronto has imposed new Levies that need to be followed. I would never discourage anyone from recycling as this is the way we should go, but to be recycling at a rate that the City wants is next to impossible. There has not been enough time to merge into such a drastic measure. All Condos were supposed to receive mock billing from the City prior to the levies going into effect. This would have opened the eyes of all Property Managers, Board Members and owners as to how important it is to recycle, but it did not happen. After doing the calculations, a Condo can have their waste and recycling picked up privately for about half the cost of the levy even with the rebate deducted. The City is also encouraging everyone to compact all waste although we know that not all waste can be compacted. i.e. carpeting, electrical appliances, etc. It is very likely that some people will throw “everything” down the chute 36

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How long would it take a garbage truck to pick up waste from 200 homes compared to spending 20 minutes at one building with 200 units? causing there to be more repairs done to the compactor.

The city in their instructions to determine the cost makes little sense, as their calculator seems to disregard 4 weeks of the year and it seems that they are not offering free weeks to the condo owners. In actual fact if you do the calculations the way they say, your levy will end up higher. There are many flaws in the calculator, but no one seems to be fixing them.

The City plans on eventually deducting the $157.00 annually (the amount they indicate is the cost of each unit’s waste management services which include recycling) from every owner’s Property Tax bill. When this happens will the Corporations be handed an additional cost of $157 times the number of units

in their building? To put this in perspective if a building has 200 units the amount may be $31,400.00. (200 times $157.00) This amount will have to be recovered from maintenance fees in addition to the levy being paid now.

To look at a possible comparison: 200 units dispose of 3 compacted 3 yard bins and 2 loose 3 yard waste bins a week. This would total 5 bins. According to the City calculator you should place “5x4=20” in the appropriate section of the chart. An accurate number would be 5x4.33=21.65. City Levy calculation is: $4,478.84 (base + additional) $2,616.67 (rebate deduction) $1,862.17 (monthly charge)

Private Hauler calculation is: $ 882.70 (waste plus gas levy)* $ 254.80 (4/3yard recycling bins)* $ 1,137.50 (monthly charge)*

(*Pricing based on BFI being the lowest quote I received from 4 different waste companies.)

The only pricing not included in this calculation is for large items. This pick-up is ordered when needed by the Corporation at $45.00 per visit.

The City is planning on eliminating loose waste bins and expecting all waste to be compacted. A re-use center is in the forecast for items that would normally go into the loose bins.

PROVIDING EXCEPTIONAL SERVICE TO THE CONDOMINIUM INDUSTRY FOR OVER 25 Y EARS SPECIALIZING IN COMPLETE PROPERTY MANAGEMENT SERVICES: Residential High-rise & Townhouse Condominiums Industrial & Commercial Condominiums

Hands-On Management Individually Designed and Tailored To Meet And Exceed Your Communities Needs For more information, please contact: Gary Atkin, RCM, ACCI Matthew Atkin, RCM, CMOC, ARM, CPM or Nathan Atkin, B.A., RCM

G.S. Atkin Property Management Specialist Inc. One Shady Lawn Court Mississauga, Ontario L5N 1H2 24-Hour Emergency Line (905)-567-6820 Direct Line: (416)-258-6011 Fax: (905)-567-6930 Website: www.gsa-pm.com Email: info@gsa-pm.com

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The reason the recycling bins are being picked up privately is because the City is now quoting an â&#x20AC;&#x153;all or nothingâ&#x20AC;? policy that they claim has been in effect since 2005. Maybe someone should inform the City that their Waste Management Division was forcing numerous Condos to hire a private hauler to pick-up extra bins because the City claimed they had too much waste and refused. I also understand that the City is going to look at the numbers and adjust the levy amounts for next year. It would be hard to conceive that the pricing will drop below the pricing from private haulers.

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As you can see the savings are $724.67 per month which amounts to $8,696.04 per year. When the rebates start going to the owners another $31,400.00 can be added to the yearly condo savings. This would undoubtedly make a huge difference to Condo budgets.

Property Managers should be calculating these numbers and presenting them to all of their Boards. Every Board member has a right to know their options and Property Managers should start looking into this immediately. â&#x2013;

Call for Article Submissions If you are interested in writing articles for TheCondoVoice magazine, please contact Marie McNamee at (905) 852-2802 or at marie@mcnamee.ca. Article topics must be on issues of interest to Condominium Directors and must be informative rather than commercial in nature.

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When â&#x20AC;&#x153;Personal Service Beyond The Contractâ&#x20AC;? Really Counts! There Is Only One Name

Property Management Services Inc. 1256 Cardiff Blvd., Unit A Mississauga, Ontario Phone: (905) 696 (8376) Fax: (905) 696-0729

jvero@veropropertymanagement.com www.veropropertymanagement.com Condominium Property Management Specialists

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Fall 2008

Condominium Conflict Resolution: Recognizing the Role of Culture BY RICHARD A. ELIA, B. COMM., LL.B., LL.M.(ADR), A.C.C.I. “Cultural fluency means recognizing that language shows us particular views of the world. Rather than being a direct representation of reality, language reflects our starting points, assumptions, and ideas about how the world works and our places in it. Remembering this, we keep an open mind to diverse starting points and assumptions…When communicating across linguistic boundaries, it is helpful to use more than one phrase to convey intended meaning and to check for feedback often.”

LeBaron, Michelle, Bridging Cultural Conflicts – A New Approach for a Changing World, (San Francisco: Jossey-Bass, 2003) at p.99. [reprinted with permission]

here is a trend in condominium corporations to adopt increasingly detailed rules to govern how residents live and interact. One could say that if everyone used “common sense”, there would be no need for any rules at all. The problem, in my view, is not an absence of “common sense”. Rather the problem is that what one person may view as “common sense” is not shared amongst all people (often not even amongst a few). In the condominium context, some people feel it makes “common sense” to grow tomato plants and hang laundry on balconies, while others maintain that it only makes “common sense” that an exterior uniform appearance is essential. Some people feel it makes “common sense” to prohibit pets from residing in the building, while others maintain that their pets should be allowed to “do their business” on the balcony to the detriment of anyone or any plants on the balcony below! For others still, rules are only considered when they get caught breaking them.

We cannot escape conflict (e.g. recall trying to find a parking space during the holidays). However, while conflict exists all around us, we can learn to work with it to avoid the conflict escalating into a full dispute. It is my position that, in condominium corporations, the owners and residents are best served by dealing with conflict proactively, and not waiting for a legal dispute to develop.

The old adage “high fences make good neighbours” is broken down, or at least transformed, in the “communal” living environment that is a condominium corporation. In all relationships, conflict exists. In condominium corporations, people of diverse cultures, which could include, but is in no way limited by, different nationalities, sexual orientations, abilities, professions, and experiences, must figure out how to be “good” neighbours. To get through the conflict, an effective mechanism to resolve conflict should take into account the unique aspects of this envi-

ronment; including the impact of culture brought to the table by the parties involved.

Particularly in the Greater Toronto Area, the cultural diversity among, and within, condominium corporations is tremendous. One building may be very multinational. Another may be dominated by a single nationality. Another may be dominated by two very different nationalities. In older condominiums, there is often a history of shifting amongst dominant ethnic groups to reflect patterns of immigration. The result is often a global community on a micro level within our Canadian framework. Often individuals within a geographic “culture” share identities, meanings and trust. The flip side can also mean that those outside the culture are not understood, are stereotyped and not trusted. How often have we found ourselves falling back upon cultural generalizations and stereotypes to explain a conflict? How often have we found that as the conflict continues, Fall 2008

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conflict if ignored or if focused on too intensely. There is a need to be aware and cognizant of, as well as the need to adapt to (in some cases), the cultural impact of conflict on the individual and group levels, rather than making assumptions based upon stereotypes or generalizations.

trust diminishes, meanings become confused and identities clouded?

Learning how to best adapt to cultural influences is not an easy task. It requires that we achieve personal awareness of the experiences and impressions that impact our views and those that others hold of us. It also requires that we be always cognizant of decisions that we make. While it is far easier to react automatically with little concern for the cultural environment that we might find ourselves in; this may prove both improper and counterproductive in resolving the conflict at hand.

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In general terms, the idea of what our “culture” is seems so simple – so predictable – so communal: we adopt the culture (and the stereotypes) of our parents or grandparents; whoever it was that originally came to Canada from “away”. Looking only slightly beyond the “general terms”, there is little that is simple, predictable or communal about culture, particularly with respect to its perceived impact on an individual.

While the impact of cultural influences within condominium corporations is both fascinating and readily evident, it is also fraught with the potential for

The Condominium Act, 1998 (Ontario), as well as numerous other provincial and federal Canadian Laws, adds further challenges by imposing standards of the “prudent person” and “reasonableness”. It is difficult to truly understand what a “reasonable objective” or “prudent person” mean when we have so little “common sense” – in common. However, with this said, if a dispute proceeds to court, a court will find a standard which is acceptable within the Canadian context, while trying to acknowledge the experiences contributing to who we are.

Some things to consider:

Be Aware: Hindsight is invaluable. Without generalizing, try to learn from experience what works to bridge cultural gaps and build trust.

Go Slowly: Stereotyping is very quick and easy; however, at best, it serves as a marginal starting point for moving forward to understanding different viewpoints. Stereotyping can also

reflect closed mindedness, and may widen the breadth of misunderstanding. It is incumbent upon us to learn about our neighbours, to find out what is important to them, what their concerns are, why they act (and react) the way they do, instead of ostracizing them because they may hold different beliefs or values from our own.

Show Respect: Try to understand where others are starting from, including which generalizations or stereotypes others may hold of you. It may be counter-productive to embarrass or belittle an opposing party in front of his/her peers or cultural group. For example, if someone does not read or speak English, it does not mean that he/she is illiterate or lacks intelligence or is an unreasonable person. It means only that he/she does not yet communicate in English. Don’t be Bullied: By this I mean: • Be open-minded; • Listen to different perspectives and assess the validity of the same based on one’s own judgement; • Appreciate that those “in power” may be pursuing a personal agenda; • Make your own well thought out assessment of any given situation; • Say “no” if necessary; and • Appreciate that understanding a person’s position does not mean giving into it.

Richard Elia has been actively involved in the area of Condominium Law since 1994, and has practiced with both “boutique” and large full-service firms in Toronto. Richard has a particular interest in investigating the sources of conflict and dispute within condominium communities, and the concept of avoiding disputes by addressing conflicts at the earliest possible stages. ■

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Fall 2008

Building Better Values

Mark Your Calendars 12th Annual Joint ACMO-CCI-T Conference

Toronto and Area Chapter

October 31 - November 1, 2008 Hilton Suites - Toronto/Markham Conference Centre and Spa, Markham, ON Exciting education sessions at this years’ conference will include: • • • • • • • • • • • • •

One for All, Not All for One Getting it Right the 2nd Time On Your Mark, Get Set… The Reserve Fund Plan – Bringing Better Financial Value Building Better Values by Acting Wisely Get the Biggest Bang for Your Condo Tax Buck. Government Advocacy By You and For You! Beethoven Lives Upstairs: Dealing with Nuisance within your Condominium Fire, Aim… Ready? Adding Value through Proper Management Protecting Your Assets – Crime Prevention through Environmental Design Sandro, Warren and Bruno’s Fascinating World of Condominium Service Contracts Is Your Team Working For You: Essential Lessons for Business Growth The Final and Authoritative Word – Condo Law Update

Plus… don’t miss this year’s Keynote speaker… award winning comedian and satirist Ron James

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The 2009 Annual Professional and Trades Services Directory is

coming soon… Professional and Trade members should watch their mail in mid October for a confirmation of their listing information. Changes and updates must be made by November 14th, 2008. Advertising opportunities are also available to members only. This annual resource guide is a fantastic way to promote your products or services to the condominium community in the Greater Toronto Area.

Don’t delay… contact Marie McNamee today at (905) 852-2802 or by email at marie@mcnamee.ca

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Memberâ&#x20AC;&#x2122;s Corner

CCI Toronto Welcomes the Following New Members Individual Members K. Hickey F. Duval K. Shunli

Corporate Members

DCC # 0152 DCECC # 0215 MTCC # 0830 MTCC # 1113 PCC # 0129 PCC # 0424 PCC # 0591 PSCC # 0780 PSCC #0826 TSCC # 1541 TSCC # 1810 TSCC # 1826 TSCC # 1891 TSCC # 1889 TSCC # 1905 TSCC # 1924 TSCC # 1932 TSCC # 1933 TSCC # 1935 TSCC # 1944 YCC # 0091 YCC # 0398 YRCECC # 1110 YRVLCC # 1059

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Professional Members Richard Riley Genedco Services Limited

Andy Cassar MDF Service Inc.

Ronald S. Danks Simpson Wigle LLP

Tony Seljak Summerhill Property Management

Tina Louise Gouveia Sutton Group Commitment Realty Ltd. Brokerage Judy Bang Gardiner Miller Arnold LLP

New Trade Members Yosi Ben Horin Ben Engineering Inc.

Micheal Yousif Four Seasons Duct Cleaning Shirley Jacques Gulfstar Contracting Joy Redner Training Wheel Inc.

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Donâ&#x20AC;&#x2122;t Forget to Renew Your Membership for 2008-2009! By the time of this mailing, you will have already received your membership renewal invoice for the 2008-2009 membership year. Please take the time to review and update all contact information and send your renewal back to us at your earliest convenience.

Condo corporations in particular are requested to ensure that we have an up to date listing of all current board members in order that they may each receive magazines and other information from us. New this year, is a request to provide us with the name of a Board member who will serve as the CCI Liaison contact. If you require a copy of the liaison director sign up form, please contact our membership department at (416) 491-6216.

Continued support through your membership is appreciated and we thank you for your confidence in CCI. A strong membership provides CCI with a large collective voice to advocate on your behalf with various levels of governments on matters important to condominiums.

CCI Website Updates CCI Toronto is pleased to report that our website continues to expand and develop and that Web traffic for the month of April 2008 reached its highest levels ever. If you have not visited the site lately be sure to do so today at www.ccitoronto.org.

The latest new development on the site has been the addition of an internal search engine, now making it easier to find exactly what you are looking for. Just type in your keywords and be instantly directed to all information available on that topic on the site. Our “Links” page also continues to expand. Did you know that all professional and trade members can request a complimentary reciprocal link between the CCI Toronto website and their own company website? Oneway links from the CCI Toronto site are also available for a nominal annual fee. Contact us today to have your company listed!

Check out the “Members Only” section on the CCI Toronto Website!

www.ccitoronto.org DONNA SWANSON ACCI, FRI

Real Estate Brokerage

For your Real Estate Needs call: 416-515-2121

• Real Estate Broker of Record - s peci al i zi ng i n Co ndo mi ni um Sal es since 1982 • Current condominium Owner & Di recto r and a Pas t Pres i dent • ACCI - An Associate of the Canadian Condominium Institute • Pas t Di recto r of Toronto Chapter of CCI • FRI - Fellow of the Real Estate Institute of Canada and current Di recto r of Toronto Chapter of REIC

Email: donnaswanson@sympatico.ca Fall 2008

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Diversions & Distractions

CONDO WORD FIND

annual condominium conference building better values one for all not

required expected

need board to work towards creating uniformity throughout

unit owner ruin spirit harmony cooperation

maintain realstate and at the same time

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have policies procedures

individual place regarding additions or improvements that are left after their unit has been sold

how each one of us has for the benefit of all

their mutually beneficial endeavours glance

Upcoming Events

Mark Your Calendars! Condo 101 Course Date: Time: Location: Cost:

Saturday September 20th, 2008 9:00 a.m. until 12:00 p.m. Novotel North York Hotel $60 for CCI Members $95 for Non Members

This half-day seminar will focus on the topics that every Director should be aware of and will provide participants with a basic knowledge of the Condominium Act. The course is an excellent means to find out what you need to know to be effective as a condominium owner or director. The information presented will be of interest to those purchasing a condominium or to those who want to know what a condominium is and what it means to live in one. To register for this CCI Toronto event and/or to obtain further information, please visit the website at www.ccitoronto.org or call the office at (416) 491-6216.

Basic Condominium Course – New Format! Dates:

Time: Location: Cost:

Saturday, October 18th and Saturday, October 25th, 2008 9:00 a.m. to 4:30 p.m. each day Novotel North York Hotel $300 for CCI Members and $400 for Non Members

This informative two day is a must attend for all new Directors or Condominium Residents who want a better understanding of the way Condominiums function and should operate. Topics covered include: The Directors' Role, Insurance, Property Management, Budgets and Finance, Reserve Funds and Physical Building Management. To register for these CCI Toronto events and/or to obtain further information, please visit the website at www.ccitoronto.org or call the office at (416) 491-6216.

Toronto Condo Show Dates & Times:

Friday, October 3rd - 11:00 am to 8:00 pm Saturday, October 4th - 11:00 am to 8:00 pm Sunday, October 5th - 11:00 am to 6:00 pm

Location:

Metro Toronto Convention Center, 255 Front Street West, Toronto ON

Visit the CCI booth at the 3rd annual Toronto Condo Show. Check out the show website at www.torontocondoshow.com for full event details and programming.

12th Annual CCI/ACMO Condominium Conference: Our Condominium Community – Building Better Values Dates: Times: Location: Website:

Friday October 31st and Saturday November 1st, 2008 8:45 to 4:45 on October 31st and 8:00 to 3:30 on November 1st Hilton Suites Toronto/Markham Conference Centre and Spa 8500 Warden Avenue, Markham, ON L6G 1A5 www.condoconference .ca (Check our website for updated programming, pricing and other information).

This popular two day conference and trade show designed for condominium managers, directors, owners and others interested in ‘everything condominium’ will focus this year on Building Better Values within the Condominium Community. The spectacular line up of speakers and topics to be covered this year are sure to offer a variety of ideas and solutions to managers and directors alike. Session topics this year will include: Condo Activism, Management Contracts, Noises and Other Nuisances, Human Rights, Reserve Funding and Bringing Value to the Community through Financial Values, Condo Crimes – Protecting Your Values, Getting New Condos Off and Running plus much, much more!. Sponsorship and exhibit opportunities are still available – visit www.condoconference.ca for full conference details.

CCI-Toronto Annual General Meeting and Wine & Cheese Reception Date: Time: Location:

Thursday November 27th, 2008 7:00 p.m to 10:00 p.m. Novotel North York Hotel – 3 Park Home Avenue – Gibson Ballroom

Members are asked to mark their calendars now and plan on joining us on November 27th to elect the CCI Toronto Board of Directors for 2008-2009, to hear committee reports on activities over the past year and to network with the board and other members at the Wine and Cheese Reception following the meeting. The award for the Best Condo Newsletter of the Year will also be presented that evening. Watch for further AGM materials to be circulated to members in the early fall of 2008.

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Total Security Solutions for Condominiums • • • • •

Visitor entry phones Access control Video surveillance Hands-free parking control 24/7 alarm monitoring

Lorne Middleton Manager, Sales & Operations, Central Ontario 5201 Explorer Drive Mississauga, Ontario L4W 4H1

Phone: 905-206-8458 Fax: 905-206-8486 lmiddleton@chubbsecurity.com www.chubbsecutiry.com

CCI’s Most Popular Selling Book

The Condominium Handbook

by Gerry Hyman has been updated and is now available in the Seventh Edition! Order your copy today!

Visit the CCI online bookstore at www.ccitoronto.org to order online or download an order form.

Cost is $15.00 plus tax and $2.00 shipping.

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List of Advertisers A.R. Consulting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 ACMO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 Adams & Miles LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 Atrens Counsel Insurance Brokers Inc. . . . . . . . . . . . . . . . . . . . . . .44 Atrens Management Group Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Ben Engineering Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Brady & Seidner Associates Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Brokers Trust Insurance Group Inc. . . . . . . . . . . . . . . . . . . . . . . . . .28 Brook Restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Brookfield Residential Services . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 Brown & Beattie Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Carma Industries Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Certified Clean Air Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Chubb Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 Condominium Living Management . . . . . . . . . . . . . . . . . . . . . . . . . .4 Construction Control Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 CPL Design Interiors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 Davroc Consulting Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Donna Swanson Real Estate Brokerage . . . . . . . . . . . . . . . . . . . . .49 Dryerfighters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 D-Tech (Nexus) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 E.J. Walsh & Co. Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Enbridge Electric Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Enbridge Gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Enerplan Building Consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 Essential Landscaping Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 Fine & Deo Barristers & Solicitors . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Firenza Plumbing & Heating Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . .53 Fogler, Rubinoff LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Four Season Duct Cleaning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 G4S Security Services Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Gardiner Miller Arnold LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Genivar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 Gerald R. Genge Building Consultants Inc. . . . . . . . . . . . . . . . . . . .32 GSA Property Management Specialists Inc. . . . . . . . . . . . . . . . . . .37 Gulesserian Associates Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 Heenan Blaikie LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Holman Insurance Brokers Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Horlick Levitt Barristers & Solicitors . . . . . . . . . . . . . . . . . . . . . . . .26 ICC Property Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 J.J. Molnar Realty Advisors Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Jansen Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Larlyn Property Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . .40 M & E Consulting Engineers Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Maple Hill Tree Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Maple Ridge Community Management Ltd. . . . . . . . . . . . . . . . . . .13 Mareka Property Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . .17 Martin K.I. Rumack Barrister & Solicitor . . . . . . . . . . . . . . . . . . . . .48 Maxium Condo Finance Group . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 Metro Group of Companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Miller Thomson LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 Morrison Hershfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 Nadlan-Harris Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Ontario Screen Systems Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Percel Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Premier One . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 Professional Choice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Pro-House Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 Provident Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 RBC Dominion Securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 Rikos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Rogers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 Royal Grande Property Management Ltd. . . . . . . . . . . . . . . . . . . . .19 Samuel Property Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . .32 SR Wise Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Stratacon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Summa Property Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . .53 Suncorp Valuations Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 Toronto Condo Show 08 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 Vero Property Management Services Inc. . . . . . . . . . . . . . . . . . . . .40 Waste Solutions Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Whiterose Janitorial Service Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . .39 Wilson Blanchard Management Inc. . . . . . . . . . . . . . . . . . . . . . . . .22

thecondovoice

Fall 2008