CondoVoice - Spring 2005

www.ccitoronto.org

VOL. 9, NO. 3 • SPRING 2005

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

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Board/ Management Relations Condominium Relationships We Will Fight No More Forever To Rent or Not to Rent? That is the Question Case Law Update: Divisional Court Decision re: Estoppel Certificates plus…

Member News Member Profiles Book Review Upcoming Events Member Opinion PM #40047005

Condominium Relationships

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CCI Toronto & Area Chapter 2175 Sheppard Avenue East, Suite 310 Toronto, ON M2J 1W8 Tel: (416) 491-6216 Fax: (416) 491-1670

February 4, 2005

Dear Councillor, We are deeply concerned with the recommendation of the City of Toronto Works Committee is endorsing to implement a Waste Reduction Levy for multi-family residential buildings as of September 16th, 2005. This recommendation sees a proposed levy per pick up based upon $30 per tonne. Depending on the tonnage, this could result in literally thousands of dollars per year in fees.

The Canadian Condominium Institute is a National non profit association representing all facets of the condominium industry. The Toronto Chapter includes over 500 condominium corporations in its overall membership, comprising over 80,000 units – or close to 160,000 voters.

While we applaud any efforts to promote recycling and divert garbage from the main compactor bins, we find this proposal unacceptable on two fronts. First, the recycling systems for highrise buildings are still in their infancy and clearly still require further development. Secondly, the ‘Bag-Tag’ program for single family homes has not been recommended for implementation, thus we see this as discrimination against those people who live in highrise buildings (whether condominium or apartment).

While there are many types of condominium homes including many luxury or mid range units, it is important to recognize that many of the city’s low income and/or fixed income and elderly live in condominiums. Since the Condominium Act, 1998 was proclaimed in 2001, it has become necessary in many instances for Condominiums to increase funding contributions to their reserve funds. In addition, escalating hydro costs have had, often severe implications on the monthly common element fees paid by owners – or have resulted in the need for unanticipated Special Assessments. Clearly, the addition of thousands of dollars per year in garbage levies could financially cripple many of these corporations and the owners.

We strongly urge you to consider these factors and not support this recommendation.

Janice Pynn President, CCI Toronto Chapter

CCI-Tor on behalf o to has once ag ur mem ain bee ber nb the prop osed Cit s interests – this usy lobbying on y unit hig hrise bu Waste Diversio time to try to av o il n id d L in evy gs.

CondoV oice wa At the time th Fee for multi s going is issue voted b to print, of y City C it o u had jus the n implem t been ented in cil in favour of the Se now be working ptember 2005 fee – to be . CC in educate c Condom onjuction with I –T will inium o method t s to try wners o he City to and les n levy fee recyclin sen the s. g impact of the

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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: cci.toronto@taylorenterprises.com Website: www.ccitoronto.org

2004/2005 Board of Directors PRESIDENT Janice Pynn, RCM, ACCI, FCCI Simerra Property Management Inc.

Contents Features

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SECRETARY/TREASURER Bob Girard, B.Comm (RCM) (Chair: Special Projects Committee) Simerra Property Management Inc.

PAST PRESIDENT

Henry Cohen (Member: Special Projects Committee) YCC #0074

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Bill Thompson, RCM, ACCI (Member: Membership Committee) Malvern Condominium Property Management

EX OFFICIO BOARD MEMBER Jasmine Martirossian, B.A., M.A., PhD.

ADMINISTRATOR Lynn Morrovat

by Jasmine Martirossian, Ph.D

To Rent or Not to Rent? That is the Question!

by Michelle White

Case Law Update: Divisional Court Decision Re: Estoppel Certificates

by Audrey Loeb, LL.B, LL.M, ACCI Condo Lawyer, Audrey Loeb provides the details on a recent Divisional Court of Ontario decision regarding a case where a corporation did not disclose the possibility of a special assessment it was aware of on an Estoppel Certificate to a new purchaser. As the author notes, this case has actually raised two issues of concern to both condo owners and corporations.

Lisa Kay (Member: Special Projects Committee) Maxium Condo Finance Group

Vic Persaud, BA (Member: Special Projects Committee) Suncorp Valuations Ltd.

We Will Fight No More Forever

In an ideal world, all condominium owners would actually occupy their own units, but as we know, this only exists in fairy tales. So, if rentals are a fact of life, how do we control them and how do we build relationships between the tenant, the building, the owners, and the Board?

Believe it or not, it is possible to satisfy all parties… if done correctly.

Armand Conant, B.Eng., LL.B., D.E.S.S. (Chair, Legislative Committee) Jones Rogers LLP

Tom Park, P.Eng., ACCI (Member: Public Relations Committee) Golder Associates Ltd.

by Denise Lash, B.Sc, LL.B., ACCI, FCCI

Can’t your board learn to just get along? Yes, it is possible. This article offers advice on how your Board can coexist, communicate, compromise and co-operate like never before!

BOARD MEMBERS Gina Cody, P.Eng., M.Eng., Ph.D., ACCI, FCCI (Co-Chair, Public Relations Commitee Chair, Education Committee) Construction Control Inc.

Condominium Relationships So, you have bought a condo. Welcome to your new “family” and new relationships – the Board Members, the Property Manager, your Neighbour or that Resident in Suite 201. Relationships at work and at home require commitment and hard work. This enlightening article offers six key ‘Condo Therapy Tips’ for improving your condo relations.

John Warren, C.A. (Chair, Membership Committee) Adams, Masin & Tilley LLP

J. Robert Gardiner, B.A., LL.B., ACCI, FCCI (Member: Conference Committee) Gardiner Miller Arnold LLP

by Bill Thompson, BA, ACCI The Board/Manager relationship can certainly have its challenges. As author Bill Thompson points out, how well it works is really up to you. What you get out of it is directly related to what you put into it. Five governing principles are examined to ensure a successful relationship.

VICE-PRESIDENTS

Denise Lash, B.Sc., LL.B., ACCI, FCCI (Co-Chair, Public Relations Committee) Miller Thomson LLP

Board/Management Relations

Departments 5 27 28 29 33 34

President’s Message Member Profiles Member News Upcoming Events Member Opinion Book Review Winter 2004

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President’s Message

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s this is the first Condo Voice issue of 2005, I would like to take this opportunity to wish all of our members a happy and healthy New Year.

Janice Pynn, RCM, ACCI, FCCI

The CCI Toronto Board of Directors have begun to look ahead and plan for the coming year and are already excited about the possibilities. We welcome two new Board members, Bill Thompson, President of Malvern Condominium Property Management and Lisa Kay, with Maxium Condo Finance Group to the Board this year ( see further information on page 27). They come to the CCI-T Board with a wealth of knowledge about the condominium industry and are already actively working on various Committees.

We are also excited about the fact that this year’s Committees consist of many CCIT members not on the Board, but wanting to be a part of CCI-T’s activities nonetheless. We welcome Pam Boyce and Lou Levy to the Education Committee, Brian Horlick returning to the Legislative Committee, Tom Deutsch to the Special Projects Committee and Joseph Annan to the Membership Committee. We thank them all for joining with us and we look forward to working with them in the coming year. Remember, the CCI-Toronto Chapter is your Chapter. We welcome your comments, suggestions and views to ensure that we continue to meet your needs and expectations.

As we move ahead this year building relationships with our newest Committee and Board members, we also look to maintaining the relationship and examining our role with all of our members. With this in mind, the Public Relations Committee has worked hard to put together this issue of the Condo Voice – focusing on ‘Condo Relationships’. Regardless of whether you are a Condo Resident, Board Member, or Professional or Trade dealing with Condominiums – you have a ‘Condo Relationship’ in one form or another. We hope this issue will be helpful in assessing and improving your own Condo Relationship!

Janice Pynn President, CCI Toronto & Area Chapter

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Board/Management Relations

BY BILL THOMPSON, BA, ACCI

I

f you are a Manager, have you ever been frustrated by the way your Board treats you?

As a Director, have you ever been disappointed with the reaction you get from your Manager when you suggest something at a Board meeting? Is it something you said? Is it something you did? Believe me, you are not alone. The Board/Manager relationship can have its’ challenges. How well it works is really up to you! What you get out of it is directly related to what you put into it!

Every successful long term relationship has some basic rules, and must be formed on the basis of mutual respect, trust, and understanding. These three principles can be found in every successful long term relationship from marriage, friendship, business, partnerships and parenting. With this base of respect, trust and understanding, the relationship between the Board and Management is really a simple one.

There are only two additional basic

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principles that are necessary for everything to work.

The first principle in developing a successful relationship between the Board and Management is understanding your roles. It may seem obvious, but quite often this is the root cause of a relationship breakdown. The roles themselves are quite simple. Directors direct, and Managers manage those directions. Any variance to this equa-

tion will not work. If the Manager is directing, then there are no checks and balances that help keep things fair and equitable. On the other end of the scale, if a Director is managing, then the Manager, by attempting to fulfill their responsibilities, risk duplication, mistakes and unnecessary delays if they do not first check with the Directors. Each party needs to know their respective roles and fulfill them.

The second basic principle is to have a shared Vision. Have you ever loaded up the car, thrown the kids in the backseat, the spouse in the passenger seat and driven out of town? Have you ever done it without knowing where you are going or what you hope to do along the way? Just the thought of starting a trip without any idea of your destination sounds ridiculous. Why would you do it as a Director?

You are the driver for your management team.

If you don’t know where you are going, then how can you possibly get there? Even worse, if you get there, how will you know it?

As you drive down the road, how will you be able to gauge your progress? It is your responsibility as Directors to know where it is that you want to go with the management team. If you are continually steering the team in the right direction, then you increase your chances of getting there.

If you do not share your destination with your management team, then they will always be passengers on your journey. They will never be able to take the wheel for a while, because they will always drive in the wrong direction. If they do happen to drive in the right direction, it will be completely by chance. Let the management team know your goals, and reinforce them continually. Don’t let success happen by chance, because it happens so much easier by design. If you do this, the management team will probably stop asking “Are we there yet?” or, “How long until we get there?” This is called shared vision.

One thing for Directors and Managers to remember is that your management team changes at every Annual Meeting, and sometimes even

more often than that. Quite often it is the Owner that dislikes the team’s vision that is motivated to run for the Board in order to make changes. The newly elected individual often joins the team with a complete lack of trust, respect and understanding for the management team. The basics of the relationship (respect, understanding and trust) need to be re-established after each change in the team. Directors and Managers need to recognize that, and do their parts to help the new members of the team understand the Condominium concept and the role that the new Director will play in it. Each new member will add their personal vision to the collective vision and will alter it in some way.

The newly altered vision needs to become the vision of the whole management team. If your Manager has been following the vision and pursuing the goals of the “old team”, you may need to help them to revise their approach to meet the ever evolving Board’s vision. A good Manager will be able to adjust their approach to meet your unique needs, given adequate time. If you can accomplish this, then the trust, understanding and respect will once again be established.

If you are unsure about anything, ask. If you ask, do it with respect. You will get an answer you are looking for, delivered with the respect that you have earned. Remember, it is your responsibility to make the relationship work. If you accept that responsibility, your relationship will be successful.

Let the management team know your goals, and reinforce them continually. Don’t let success happen by chance, because it happens so much easier by design.

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CONDO RELATIONSHIPS

BY DENISE LASH, B.SC, LL.B, ACCI, FCCI

You have your family, your friends, maybe a partner or a spouse and then you move into your condo.

Welcome to your new family!

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he Condo Relationship - the board members, the property manager, your neighbour or that resident in Suite 202.

You can’t avoid these relationships, just like you can’t simply ignore your relationships at work or home.

Condominium residents live in close proximity to one another and use common facilities. This creates interpersonal relationships, whether you want them or not.

It also means that owners must realize that they may have to give up a certain degree of freedom of choice to promote the “common good” and foster those relationships.

The Board of Directors runs the “business” of the condominium corporation. This is a “difficult people” focused business, which is filled with strong emotions at its core. Whether it is the Board members themselves, the Property Manager or their interaction with the Board, or with the owners or the owners at large, the relationships in a condominium corporation are very personality-intensive.

Teamwork and hard work are essential and the responsibility usually rests with the Board of Directors and property management in relating effectively to all owners. Owners on the otherhand, have to do their part to make the relationships work.

Remember that Board members are temporary and usually unpaid volunteers with various experiences.

Running the corporation is not as simple as running a business or a household, it is a complex combination of the two.

Relationships at work and at home require commitment and hard work and often constant energy and attention; condominiums are no different.

If you can start focusing on putting procedures in place that are directed towards “understanding people” then you are headed in the right direction.

Continued on page 10.

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Condo Therapy Tips for Improving Your Condo Relations ■ Be Supportive – Support your

Board members and join a committee. Get to know your Board.

■ Be Proactive – If you have some-

thing to say, deal with it before the Annual General Meeting and provide some constructive suggestions.

■ Be Accessible – Find out how you

voice your complaints or suggestions. If you don’t know, then I am sure that others don’t as well.

Boards should be conveying this information to their residents.

■ Be Attentive – Who responds to

residents concerns and how timely is the response?

■ Be Reliable With Responses –

When the response is timely is it also effective?

■ Be Courteous – This applies to

every person in the condo relationship, including the Property Manager, Board member and the Residents.

Each one of us is immersed in a mix of relationships everyday of our lives. If we want to relate effectively and promote good relations in our communities, our mission should be to work together constructively. It is important to recognize that this means gaining the understanding of the dynamics of our relationships within the condominium community and approaching what we do and how we do it, which will move us towards building stronger communities.

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We will

FIGHT no more FOREVER

E

xperts are prized by our society, and rightly so. Our own industry demonstrates the importance of relying on professionals with appropriate experience, education, and credentials. But sometimes we defer too quickly to someone whose advice seems expert or who seems to speak with authority.

I recently saw this illustrated firsthand at a series of strategicplanning meetings I was facilitating for the Board of Directors of a major nonprofit professional association. As I observed a couple of the Board’s working sessions, I noticed that one of the Directors— the most disruptive one, really, who often held the Board hostage— had successfully positioned himself as the source of all expertise related to the organization’s governance. He would show up with his laptop, a stack of papers, and a volume of Robert’s Rules of Order, and would be the first to jump in whenever a governancerelated issue arose. In effect, he’d hijacked the role of “governance expert” without any open resistance from his fellow Board members, who as a result, had lots of pent-up frustration.

To deal with the governance expert, I advised the association’s Chief Executive Officer and its Board Chair to bring their laptops, their copies of organizational by-laws, and their volumes of Robert’s Rules of Order, and to explicitly declare that they would provide clarification on any governance-related issues as they arose. And guess what? It turned out that many of the governance expert’s assertions were flat-out wrong. While this self-appointed expert was somewhat deflated afterwards, he did become more cooperative

BY JASMINE MARTIROSSIAN, PH.D.

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and less disruptive.

There is more than one lesson to be drawn from this, but perhaps the most important is this: co-operation equals communication. And sometimes, to facilitate co-operation among Board members, you have to clear away the barriers to communication.

Start with these tips.

TIP 1: READ BETWEEN THE LINES Have you noticed whenever the Chief Executive Officer of a corporation resigns, the announcement is accompanied by a statement informing the interested public that the Executive in question has decided to “pursue other interests” or “spend more time with family”? While expanding one’s horizons and building closer family relationships are both very honorable pursuits, what these statements usually mean is that the Executive has been fired or forced to resign.

There are many similar shorthand phrases or expressions that we use to communicate in our communities. My favorite is “Can I help you?,” which in certain situations actually means “What are you doing here?” Another common shorthand phrase is “You wanna…” followed by a thinly veiled command— as in, “You wanna talk to him about that?,” which really means “I think it’s a good idea for you to talk with him about that.”

In most cases, such shorthand functions as a sort of conversation lubricant, smoothing over possible unpleasantness and making conversation more efficient. But sometimes a person might use a well-worn phrase in a completely different way, leading to misunderstandings and even conflict.

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Thus, if you have the least bit of doubt, it’s always a good idea to ask people to clarify what they mean. It can only help you achieve a better outcome.

…we do not have to speak different languages to miscommunicate. It happens every day, among people of all nationalities, living in the same culture, speaking the same language— and serving on the same Board.

TIP 2: RESPECT OTHER WORLDS When the TV news interviewed someone who had been attacked by a tiger, the young woman looked shocked. “All I did was pet the tiger on the head,” she said. “I guess he didn’t like it.” The woman obviously meant well. After all, in our shared human worldview, petting is an expression of love, caring, and affection. But look at this from the tiger’s point of view: Is being petted by a human an expression of affection, or a threat? Considering a tiger’s normal environment, its interpretation of the contact as hostile is understandable.

In essence, what this TV news story was covering was a giant case of miscommunication. The woman and the tiger were “speaking” different languages. But we do not have to speak different languages to miscommuni-

cate. It happens every day, among people of all nationalities, living in the same culture, speaking the same language—and serving on the same Board.

As you attempt to communicate with your colleagues and neighbors, remember that people (and tigers) live in their own little worlds, and anything that is perceived as a threat to that world is bound to generate resistance. That’s what makes it so hard for many Board members—and, as a result, Boards— to work together.

TIP 3: BE PATIENT According to Carol Boerner, an exceptionally gifted ophthalmologist I know, “Sometimes the best cure is a tincture of time.” Carol uses this phrase to refer to various maladies of the body, but I think it applies equally to social situations.

For example, at a small condominium townhouse in Boston’s Back Bay, an affluent couple was flabbergasted when the association turned down their offer to renovate the entire building at their expense—to the tune of more than $100,000. What the couple overlooked was the fact that they made this offer a week after moving in, without consulting anyone else. To add insult to injury, they’d gone so far as to line up work crews and schedule a startdate. Thinking their world was under assault, the other owners went into an obviously defensive mode, and, voila, a seemingly wonderful offer went nowhere. In this case, a slower, more methodical approach—a good idea leavened by a tincture of time—might have yielded better results for everyone.

TIP 4: MIND THE ROAD TO CORRUPTION We all know implicitly and explicitly that lying is bad, and we sternly instruct our children never to lie. But we all lie occasionally. We even have euphemisms and call some lies “white lies.” If you start monitoring yourself, you’ll see how smoothly you weave lying into your daily routine. For most people,

it’s simply a way to avoid confrontation or accentuate the positive, or perhaps even a means to ingratiate themselves with the “in-group.” When the Board President asks how you’re doing, for example, and you reply that you’re fine when actually you’re not—that’s lying. When a resident apologizes for bringing a complaint to your attention and you say, “No, I’m glad you called”—that’s probably lying.

Then there’s corruption, which represents lying on a grand scale and often in an organized manner.

Remarkably, when it comes to corruption—in organizations big and small, including associations and management companies—it’s rare for a group of people to hold a meeting and declare, “Let’s lie and be corrupt!” Usually it’s small lies that lead to big lies; then, if a meeting is held, its focus would be more along the lines of trying to cover up the cumulative effects of many small lies. So next time you’re in a Board meeting and thinking about ignoring a

minor detail because pointing it out might seem confrontational, step back and ask yourself whether this issue that seems small today will contribute to a larger corruption in the future.

TIP 5: RESPECT ALL AGES When it comes to age, most people seem to be guided by the “grass is always greener” principle. Teenagers think adults have it made, while adults would do anything to be young again.

Our awareness of age is pervasive.

Subconsciously we quickly evaluate the age of the people we meet even though it’s very bad form—and sometimes illegal—to ask how old they are.

Remarkably, our thinking about age and aging is so entrenched that it becomes a self-fulfilling prophecy. For example, we tend to think of the elderly as grumpy, yet a recent study by the National Institute of Health found that our personalities don’t change past age 30. But, drawing on these ill-informed

stereotypes, we treat people differently based on their age, and that can lead to problems on a Board, where often people of two or even three different generations serve side by side. It is important to transcend this tendency and recognize that life is much richer when we have contact with and exposure to a diversity of views and opinions, and that much diversity is provided through association with people of varied ages.

TIP 6: BE POSITIVE Last spring, while exercising at my gym, I tore a muscle in my back. It was very painful, but it introduced me to other muscles and body parts I never knew I had. Well, of course, I knew I had them; I just didn’t appreciate them—mostly because they performed well.

Just as we take our good health for granted, we fail to appreciate everything else that is going well in our lives, our workplaces, and our communities.

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Unfortunately, it’s human nature to dwell on the negative; witness that 200 times more research has been conducted on depression than happiness.

Should something go wrong in our association, from a candy wrapper dropped by a careless resident to a policy we disagree with, we’re quite likely to pick up the phone to complain.

But when was the last time you picked up the phone to tell your Manager you appreciate the job she’s doing?

Positive thinking and a positive disposition are potent weapons. But don’t take my word for it. Make a special effort to go through a single day of gratitude and appreciation, taking note of everything that’s working well and thanking whoever is responsible. You’ll help set a positive tone for your Board and make cooperation that much more feasible.

The next time someone raises your hackles – whether a resident, vendor, or fellow board member – try not to respond in kind; instead work to identify the root of the problem.

TIP 7: BE DIRECT Before I moved to the five-unit condominium I now call home, the building was enmeshed in a slow-festering conflict with an elderly next-door neighbor (call her Margaret) who always fed peanuts to the squirrels. Often the squirrels would leave the shells in our gutters, which on more than one occasion caused some of our living rooms to flood. We’re a self-managed commu-

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nity, so one of our owners (call him Jeff) had for years written cease-anddesist letters to the neighboring building—to no avail. By the time I moved in, talk was turning to a lawsuit, so I offered to give Margaret a call.

She answered the phone after 9 on a Wednesday morning with a gruff “Hello, what do you want?” and

accused me of waking her up, called me a nasty word, then asked why Jeff hadn’t sent any “nasty, threatening letters” recently. So she had been paying attention to them. We talked for another 45 minutes; or, she talked and I mostly listened. In the end, though, Margaret agreed not to feed the squirrels unshelled peanuts, and as of press time she’d kept her word.

I’m not suggesting the key to flawless cooperation is one phone call, but this particular conflict was defused because I made an explicit attempt to treat Margaret with respect.

By doing that, I kept the discussion going and increased the chances of a resolution.

The next time someone raises your hackles—whether a resident, vendor, or fellow Board member—try not to respond in kind; instead work to identify the root of the problem.

TIP 8: WHAT’S ON OTHERS’ MINDS? I’m a huge proponent of the civilized niceties that grace our lives. I believe in handwritten thank-you notes, doors held open, cheerful hellos, prompt thank-yous, and generally giv-

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ing credit where it is due. But I also know that sometimes, in our pre-occupation with our own hectic lives, we can jump to conclusions about someone’s seemingly rude behavior without being privy to everything guiding it.

About 15 years ago, my mother and I were riding up an escalator behind a woman with two young children. The children were standing behind the woman, and at one point they stumbled and fell back toward me. I caught and steadied them, then launched into a discussion about escalator safety loud enough for the woman to hear. To this my mother responded quietly, “You never know what might have been on that woman’s mind.”

No, I never will know what was

on that woman’s mind, just as you’ll never know what is on the minds of your Board colleagues when they disagree with you, cut you off, or seem to give you the cold shoulder. Regardless, it’s important to realize that a person’s response to you is not always directly related to you.

When you deal with Board members, Managers, or other professionals, keep in mind that they too are human beings with their own pre-occupations.

I remember when a condominium Manager’s boyfriend of many years had unexpectedly died of a heart attack – needless to say, she was grief-stricken – yet within two weeks of this unfortunate event, the Board members were becoming anxious that she was not too

prompt to respond to some of their inquiries. This was clearly a situation where more patience was called for on the part of the Board members. Again, I’m not advocating lack of professionalism here. But be watchful not to jump to conclusions from single acts or responses, no matter how you perceive them. Sometimes giving someone the benefit of the doubt is the first step on the road to communication — and co-operation.

Jasmine Martirossian is an expert on group dynamics and decision making, and a member of CAI’s Board of Trustees. CAI or Community Associations Institute is the organization representing condominium in the United States.

Help your Condo Relationships with these tips…

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Choose your medium carefully. If you need to discuss a sensitive or complicated issue with a fellow Board member, stay away from e-mail and letters, which can’t communicate inflection or tone as well as a phone call or face-to-face visit.

Ask questions. For peace to prevail, you don’t have to agree with everything everyone else says. But you do have to disagree well. Start by demonstrating your interest in the other side by asking lots of questions.

Ask more questions. Never hesitate to ask for clarification, especially when people are talking shop and throwing around acronyms that are meaningful to them but no one else.

Be mindful of other worlds. Be respectful of other people’s or groups’ boundaries, and take time to familiarize yourself with

them before proposing major changes.

■

■

■

Separate issues from people. If you have a disagreement with someone, focus on your difference of opinion. Avoid making general accusatory pronouncements, such as “Joe is always wrong, while Jane is always right.”

■

Designate a contact person.

Problems often arise when individual Board members contact the Manager and give contradictory instructions. To avoid falling into this trap, appoint a contact person— usually the President—to provide instructions to the Manager.

Remember your goals. All too often we get sidetracked from our common goals and lose sight of why we’re trying to work together in the first place. Remind yourself periodically that the Board is there to preserve, protect, and enhance the community.

■

Break the rules. Your association’s rules were created to secure the well-being of residents and their property. They were made by people, for people. But if times have changed and the old rules no longer apply, challenge them— and change them.

Provide updates. When residents don’t hear from the Board, they start running the rumour mill. Even when you have nothing to report, you can lift the perceived veil of secrecy by checking in with regular updates in your newsletter, on your website, and at community meet-

ings.

This article appeared in the January/February issue of Common Ground magazine. Parts of this article appeared in Dr. Martirossian’s monthly column called “Perspectives,” which appears in The New England Condominium magazine.

Spring 2005

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TO RENT or Not to Rent?

That is the question…

MICHELLE WHITE PRESIDENT TODAY LIVING GROUP INC.

H

ow many times have condominium owners toyed with the idea of leasing their property? This idea provokes all kinds of thoughts.

Thoughts like: If I lease my property, what kind of tenant will I get or who will lease it for me? If I do this on my own what are my chances of getting the “tenant from hell” and what do I do if this happens?

What do I do if the tenant is not following the rules of the building and what do I do? Sound familiar?!

A vast smorgasbord of negative thoughts start parading through your mind.

In an ideal world, all condominium owners would actually occupy their own unit (this would make quorum easier), but as we know this is only exists in fairy tales.

So, if rentals are a fact of life, how

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do we control them and how do we build relationships between the tenant, the building, the owner, and the Board?

Good question.

Believe it or not, it is possible to satisfy all parties if done correctly.

The first item on the agenda is to ensure that the individual or company that is leasing out the property knows about the building and the “community” within the building first. When done correctly you should never be able

to tell the difference between a tenant or an owner.

How many times have units been leased to a Tenant who has no idea about the building? Often, on moving day the Tenant shows up expecting to be received with open arms only to find out that there are a few rules they should have known about. Now, the Tenant is off on the wrong foot and is relying on some poor building staff member to “bail” them out of their situation on the spot. How is this for a good first impression? The Tenant perceives the building as being over bearing and unbending and the building views the Tenant as another problem.

In essence it may not have been either parties fault.

If the Owner or Agent followed through from start to finish this would not have happened.

There are property management leasing companies that will eliminate these types of situations. From a building stand point you want to know who is living in your building well in advance of the moving truck. The rules and regulations of the building, as well as the registration forms, should be provided to the resident well in advance.

How many times have Property Managers or the Boards asked the question who is living in that suite only to find out that they do not know? Yes, we all know you are supposed to receive a Form 5 and hopefully a copy of the lease but how many do? If property management does not have all the details, do they have time to chase an owner who may not be as concerned about the legalities as the Board is?

Although there are many “Agents” that will list your property how many will take as much care as the owner would in securing the right tenant.

The company the owner must enlist has to be able to fully manage the process. You should only consider a company that will manage not only the leasing of the property to a qualified Tenant but also the management of the Tenant and unit throughout the tenancy.

If the management company is property management based, the Tenant will be selected and educated about the community prior to making the commitment to move in. Rules and Regulations as well as registration must be completed well in advance. Digital photos are taken of the suite and the parking and locker space.

How many times has a Manager written a Tenant regarding the stain on the parking space only to be resisted?

Digital photos and written inspections of the suite and the attached amenities eliminate problems for both the owner and the building.

Twenty-four hour emergency service is a must. How many emergencies happen Monday to Friday between 9 – 5 and not on a long weekend?

Lastly, the Act the Tenants follow is called the “TENANT PROTECTION ACT”. The name speaks for itself. The only way the owner and or building will be able to deal with the situations that arise is to engage a company who is well versed with the ever-changing laws. Again, property management based leasing programs are the only solution. The balance between the Condominium Act and the Tenant Protection Act are always changing.

Depending on the situation, the Condominium Act may not triumph over the Tenant Protection Act. So the question remains “Rent” or not to “Rent”? Personally, I would rent but only if my unit is in the hands of a professional.

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CASE LAW UPDATE:

Divisional Court Decision re:

Estoppel Certificates

BY AUDREY LOEB LL.B, LL.M, ACCI

A

recent decision of the Divisional Court of Ontario has raised two interesting issues of concern to both condominium owners and condominium corporations. The dispute initially arose between a unit owner and the condominium corporation with respect to an Estoppel Certificate (under the Condominium Act, R.S.O. 1990) issued by the corporation which did not disclose the possibility of a special assessment or increase in common expenses.

The evidence disclosed that the Board was aware of the potential for a special assessment at the time the certificate was issued. The corporation at the time of the trial admitted the error.

The purchaser, as a condition of his offer, obtained an Estoppel Certificate (under the old Act) which did not disclose the potential special assessment for fireplace repairs. Based on a clear 22

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Certificate the purchaser decided to buy the unit. Shortly after the purchaser became the owner of his unit, the condominium corporation issued a notice of a special assessment. The amount attributable to the unit owner’s unit was $3,899.97. The unit owner objected to paying the special assessment because it had not been disclosed in the Estoppel Certificate.

The unit owner wrote to the corporation pointing out the omission in the Estoppel Certificate together with evidence that the corporation had issued the certificate without proper disclosure. He requested a response from the corporation so that he could determine whether he should take legal proceedings on the matter. He received no response from the corporation for fourteen months, at which time he received a letter telling him that the corporation did not agree with his position

on the issue and that a lien would be registered against his unit.

The unit owner wrote both the corporation and its legal counsel asking them to hold off taking any action until the matter could be decided by the courts. The unit owner argued that he offered to make the payment in escrow until the matter of liability for the amounts claimed was determined by a court. According to the unit owner the condominium corporation refused this request.

The corporation registered a lien against his unit for the amount of the special assessment and the fees and out of pocket expenses for registering the lien. The purchaser initially refused to pay and his mortgage lender paid the amounts owing and claimed them as further amounts due under his mortgage. The unit owner brought an action in Small Claims Court to recover what he had paid to his mortgage lender.

The condominium did not dispute the issue of the negligent completion of the Estoppel Certificate, but argued that the unit owner should not be entitled to recover the amount of the special assessment plus the costs of registering the lien because he would have completed the transaction even if he had known about the special assessment.

There was no evidence to suggest that the unit owner would have completed this transaction had he received an accurate Estoppel Certificate. In fact, the unit owner testified that he would have either negotiated a reduced purchase price or insisted that the vendor pay the special assessment.

The second issue which arose between the corporation and the unit owner was the right of access to the records of the corporation. In an effort to determine how much information the Board of Directors had regarding a potential special assessment, before the Estoppel Certificate was issued, the unit owner asked for access to normal business records of the corporation including the minutes of the Board meetings and engineering reports. On at least seven separate occasions the unit owner made written requests for access to these records of the corporation. He was repeatedly refused access. The corporation took the position that he was not entitled to the documents on the grounds that they were protected by

On at least seven separate occasions the unit owner made written requests for access to these records of the corporation. He was repeatedly refused access.

S.55 (4) which states that records relating to actual or pending litigation or insurance investigations do not constitute records of the corporation.

In addition to the claim for the special assessment amount and the fees for registering the lien, the unit owner claimed $500 because of the corporation’s refusal to give him records pursuant to S.55 (8). In fact, the unit owner sought $2,500 in penalties basing his claim on five requests for

records and five refusals.

The unit owner took the position that these records were not prepared in contemplation of litigation and were therefore not exempt from delivery pursuant to S.55 (4). The condominium corporation argued that these records were privileged in contemplation of litigation.

At Small Claims Court the unit owner was successful in recovering the full amount of the special assessment plus the cost of the lien as the Deputy Judge found that the condominium corporation was negligent in completing the Estoppel Certificate.

On the issue of the unit owner’s right to access to records the deputy judge in Small Claims Court found that the unit owner should be entitled to the records. The unit owner was however only awarded $500, not the $2,500 claimed, as a penalty against the corporation.

The condominium corporation appealed the Small Claims Court decision.

Spring 2005

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David F. Alexandor, Q.C. LAWYER

%

MEDIATOR

%

ARBITRATOR

Conflict Resolution Consultant _____________________________ •Advice on disputes involving owners, developers, property managers and shared facility condos •Independent investigations and evaluations •Extensive condominium and business experience •Experienced lecturer, trainer, coach, facilitator

_____________________________ Roster Mediator - Toronto Ontario Mandatory Mediation Program ADR Institute of Ontario Ontario Bar Association, ADR Section Member: ACMO and CCI Toronto Ontario Society for Training and Development

______________________________ 90 Eglinton Avenue East, Ste. 420 Toronto, Ontario, M4P 2Y3 P: (416) 483-8600 F: (416) 483-2737 davealex@ interlog.com

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The Appeal Court Judge agreed with the Deputy Judge that the unit owner was not responsible for the special assessment and ordered that the condominium corporation return the amount of the special assessment to the unit owner.

Notwithstanding that the Appeal Court Judge found that the unit owner did not owe the special assessment, he found that since S.84 of the Condominium Act, 1998 states that the payment of common expenses must be made by all owners, that the unit owner should have paid the fees and then sought recovery of them at a later date.

The Appeal Court Judge therefore concluded that legal fees for registering the lien were payable by the unit owner and were not recoverable from the condominium corporation.

With respect to the unit owner’s claim for access to the records and the penalty for non-delivery of the records the appeal court judge stated: “It appears to me that the purpose of clause 55 (iv) (b) is to maintain litigation privilege or solicitor/client privilege with respect to records of the condominium corporation that may relate to litigation or pending litigation between a unit owner and the corporation. It is clear

…since S.84 of the Condominium Act, 1998 states that the payment of common expenses must be made by all owners ... the unit owner should have paid the fees and then sought recovery of them at a later date. from the evidence before this court that the purchaser was making a claim against the condominium corporation and contemplating litigation at the time that the requests for the records were made and accordingly, in my view, the exception in clause 55 (iv) (b) is applicable. Such records would not have to be produced until they are producible in the course of documentary discovery if not subject to litigation privilege or solicitor/client privilege.”

As a result of this decision, records which are prepared in the ordinary course can be protected from access

under clause 55 (iv) (b) when a unit owner threatens the condominium corporation with court proceedings. It is doubtful that the Condominium Act was intended to be interpreted in this manner. This decision gives a condominium corporation the right to withhold records which would otherwise be available to any unit owner upon reasonable request. As a result of this decision, what constitutes a record for access purposes now, will depend on the reason why the request is being made and the timing thereof rather than the basis on which the record was made.

Audrey Loeb carries on a focused practice in real estate and condominium law with the firm Miller Thomson LLP. She is a current CCI Toronto member and former Director on the CCI National Board. She is a frequent lecturer at the Law Society of Upper Canada, the Canadian Bar Association and the Toronto Real Estate Board and is a professor at Ryerson University.

Spring 2005

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™

Member Profiles

Managed Quality

Lisa Kay, B.A. Lisa Kay is the program manager for Maxium Condo Finance Group. Maxium provides structured finance solutions to Ontario Condominiums for common element repairs and upgrades.

Lisa has worked in the finance industry for 12 years in various areas. After receiving an economics degree from the University of Western Ontario she has worked in the investment business, as well as the fleet vehicle and equipment leasing industries. In September of 2003 she was asked to rejoin Maxium after several years off with her children, to formally launch the Condo Finance Program at Maxium.

Since then Lisa has become a member of the Associates Committee for ACMO and has recently been elected to the CCI Toronto Board. In her spare time, Lisa is a personal trainer and teaches group fitness classes.

The ACMO 2000™ quality of service certification program offers condominium corporations an assurance of consistent, high-quality service.

ACMO 2000 firms are: • CERTIFIED by CMSC, with operational systems that meet ACMO 2000 standards.

• COMMITTED to customer service through the company-wide use of written procedures.

• EFFICIENT AND EFFECTIVE in their internal structures and service operations.

Bill Thompson B.A., RCM, ACCI Bill Thompson has been in the property management industry since 1985. He has a Bachelor of Arts degree from York University. In his career, he has held positions ranging from Property Manager, to Vice President, to President at three different management companies.

Bill served on the Board of Directors of the Association of Condominium Managers of Ontario for three years, and has been an active member on many of its committees. He was amongst the first to attain his R.C.M. designation in 1988. Bill instructed the Administration Course in the Humber College Property Management course for two semesters. He has been a guest speaker at many condominium industry conferences.

Bill attained his ACCI designation from the Canadian Condominium Institute in June 2000, and is currently serving on the Board of the Toronto Chapter. He is the President of Malvern Condominium Property Management, which is an “ACMO 2000 Certified Company” that has exclusively managed Condominiums since 1972.

• AUDITED on an ongoing basis by the Business Development Bank of Canada.

• A NSWERABLE to the CMSC complaints procedure in the event of unresolved disputes.

Assured Results CMSC t. 905-826-6665, 1-800-265-3263 e-mail: cmsc@acmo.org web: www.acmo.org

Spring 2005

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™

Member News

Welcome to the Following New CCI Toronto Members

If your corporation has recently held it’s Annual General Meeting and had a change in Directors – be sure to notify CCI-T of the names and suite numbers of the new Directors, in order that they may start receiving their copies of the Condo Voice. Kindly also update us if there has been a change in your Property Management Company – especially if your mailings have been directed through their offices!

Corporate Members MTCC # 0876 MTCC # 1226 MTCC # 1326 PCC # 0592 TSCC # 1426 TSCC # 1494 TSCC # 1600 TSCC # 1614 YCC # 0179 YCC # 0272 YCC # 0400 YRCC # 0942 YRCC # 0947

New Directors are perfect candidates for CCI Courses and publications – to ensure they are up-to-date on their new role and responsibilities. Visit CCIToronto’s website at www.ccitoronto.org for full details and registration/order forms.

Springfest 2005

Professional Members Paul Addie Addvent 10 Enterprises Renate Weidner Interras Real Estate Consulting Cynthia Chung Simerra Property Management Inc. Michael D. Pascu Fine & Deo LLP

Andre Breberina Envirassessments Randal Froebelius Equity Ice Estate Services Inc. Kimberly Moreau Draft Control Solutions Ltd. Nick Narcisi Essential Landscaping Ltd. Jason Roussel Roussel Eavestrough Distributors Jamie Russell Hydrastone Inc.

thecondovoice

Visit Us At Springfest 2005!

CCI-Toronto will once again be a participant at the Annual Springfest Show – being held this year on Wednesday April 6th, 2005 at the Metro Toronto Convention Center, North Building. Be sure to drop by our exhibit booth in the Trade Show area!

Aging in Place Seminar – Springfest 2005

Sponsor (Trade) Members

28

Don’t Forget to Update Your Contact Information

Spring 2005

While attending Springfest, be sure not to miss CCI’s session entitled, “Aging in Place”. Moderated by Dr. Gina Cody and presented by Janice Pynn and Denise Lash, this session will examine how demographics in condominium living are changing and how this will affect management, legal and human related issues.

The aging population and the retirement of baby-boomers are giving rise to new increased demands and a dependancy on condominium resources. It is time to start preparing.

Upcoming Events

Mark Your Calendars ...

CCI Advanced Course The 2005 CCI Advanced Course sessions will commence Thursday April 14th and continue for four consecutive Thursday evenings from 7:00 to 10:00 p.m.

These sessions will now be held at the Novotel North York Hotel at 3 Park Home Ave ( Yonge and Mel Lastman Square), conveniently located on the Yonge Subway line. The fee for CCI members $200 and the non-member fee is $275.

Topics covered in this intensive course include: Reserve Funds – Major Repairs and Replacements, Financial Management, Common Problems/Practical Solutions as well as Mediation/Arbitration and New Remedies under the Condominium Act, 1998.

Check Out Our New Look!

CCI Toronto is pleased to announce that our website has been given a facelift! Over the past several months numerous changes have been made to update the content and make the site easier to navigate.

Check us out – we’d love to hear your feedback and suggestions for ongoing upgrades.

www.ccitoronto.org

For further information or registration forms, visit our website at: www.ccitoronto.org.

Spring 2005

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PROVIDING EXCEPTIONAL SERVICE TO THE CONDOMINIUM INDUSTRY FOR OVER 25 YEARS 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 or Matthew Atkin, RCM, CMOC, ARM 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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ORDER FORM

“Bookstore”

“Bookstore”

“

ORDER FORM Name: Company Name: Address:

Phone: (

)

Fax: (

Note: If not shown, shipping costs will vary for volume orders; please phone CCI.

)

Email: MEMBER COST

PUBLICATION The Condominium Act, 1998 (Including selected forms and extracts of Ontario Regulations 48/01 and 49/01) Volume Discount Pricing: 1-9 10-24 25-49 50-99 100 +

@ @ @ @ @

Member $16.00 each $15.50 each $15.00 each $14.50 each $14.00 each

$16.00

NON-MEMB COST

QTY

SUB-TOTAL

SHIPPING

$20.00

$2.00/ea

Non-Member $20.00 each $19.50 each $19.00 each $18.50 each $18.00 each

$4.00 $5.00 $8.00 $10.00 To be determined

The New Condominium Act: What’s New for Directors?

(Published papers)

$30.00

$38.00

$3.50/ea

CCI Director’s Binder (includes The Condominium Act, 1998)

$26.00

$30.00

$3.00/ea

Condominium Handbook for Directors, Managers, Owners and Purchasers (2001, by Gerry Hyman)

$15.00

$20.00

$2.00/ea

Condominium Meeting FAQ’s by Fine & Deo

$12.00

$15.00

$2.00/ea

$25.00/ea or $40.00 for both

$30.00/ea or $50.00 for both

$3.00/ea

$6.50

$8.00

Disaster Planning (Published papers) and Disaster Plan Workbook: A Draft Disaster Plan for High-Rise Hazards please indicate choice

“Buying a Condominium” Booklet (by Audrey Loeb) ................... ❍ or “Living in a Condominium” Booklet (by Audrey Loeb) ............ ❍ Volume Discount Pricing: 1-25 @ 26-100 @ 101 + @

Member $6.50 each $5.00 each $3.00 each

$1.50

Non-Member $8.00 each $6.50 each $4.50 each

Reserve Funding for Condominiums: Provincial Legislation and Commentary on Local Practice

$5.00 $8.00 To be determined

$15.00

$16.50

$2.00/ea

NEW!

The Condominium Act 1998 - A Practical Guide (2001, by Bob Gardiner)

$65.00

$65.00

$5.00/ea

NEW!

The Condominium Act: A User’s Manual (2001, By Audrey Loeb)

$66.00

$66.00

$5.00/ea

NEW!

Condominiums in Ontario: A Practical Analysis of the New Legislation (2001, By Harry Herskowitz and Mark F. Freedman)

$55.00

$55.00

$6.00/ea

Essential Issues for Realtors in the Condominium Act 1998 (2004, By Craig Robson, Michael Clifton, Ron Danks)

$25.23

$25.23

$3.00/ea

NEW!

Total Shipping Costs

Send to: Canadian Condominium Institute 2175 Sheppard Ave. E., Suite 310 Toronto, Ontario M2J 1W8 Fax: 416-491-1670

Method of Payment

GST # 899667364 RT0001

Sub-Total

$

$

GST

$

Shipping

$

TOTAL

$

PLEASE NOTE: Payment must accompany order. Orders will not be processed until payment, in full, has been received.

❍ Cash ❍

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Card #

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Spring 2005

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Calling All Professional Members CCI – Toronto is inviting all professional members to join our ‘Ambassador Program’.

The “Ambassador Program” works as a membership drive for CCI-T to increase our membership in the Condominium Corporation category. Professional members of CCI-T are encouraged to help recruit their condominium clients and in return will receive tangible rewards – possibly even a free membership!

Our aim is to increase our membership of condominium corporations so that we have the financial resources to deal with issues confronting condominiums, such as energy and water conservation, waste disposal and legislative change and the membership numbers that enable us to speak with authority on behalf of all condominiums. Only through increased membership will we be able to represent the entire condominium community with governments and other regulatory bodies to ensure that the unique circumstances of condominiums are considered in their decisionmaking processes.

CCI- Toronto is already encouraged by the results of the first year of the program – over 80 new members have been recruited. Many professional members have recently accepted this challenge and have been successful in recruiting their clients. It is hoped that your firm will find this program rewarding – through the many prizes and rewards available to those who participate.

For a full information package, please contact our offices at (416) 491-6216 or email us at ccitoronto@taylorenterprises.com

SINCE 1927

CHECK US OUT! www.ccfranzen.com Tel: (416) 366-4975 bavery@ccfranzen.com ●

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Member Opinion

THE LAW OF UNINTENDED CONSEQUENCES: The Condominium Act, S.O. 1998, C. 19

BY ROBERT APPEL, BA, BCL, LL.B. CHAIR, ADVISORY BOARD, YCC #279 (“JOHNSVIEW VILLAGE”)

I

f you were a cartoonist and wanted to depict the effect of the new condo law on our corporation, Johnsview Village, you would probably end up with something like the one to the right, showing a heavy safe falling on an innocent passerby.

Our corporation is the largest condominium corporation in Canada, with 548 townhouse units spread over 30+ acres.

In fact, according to research done to commemorate our upcoming 30th anniversary celebration (next year), we are one of the largest condo developments in the world.

Not that we are complaining, mind you.

With great size comes great responsibility; and we have, for almost 3 decades, used our girth to create efficiencies in management and services that work pretty much to everyone’s benefit. (We use an inside, all-volunteer Board; and an inside, 100% employee-based management team.)

Everything was just fine.

Until the new Act hit.

Here is my point: while others have taken shots at this dreadful piece of drafting in the past, we at Johnsview can provide something that mere theoreticians cannot -- real, actual, hard data on what is like to be a full-scale condominium corporation caught, like a

deer in the headlights, by this legislation.

Our comments so far: • Compliance and legal costs up 400500% overall. For this fact alone our legislators should be ashamed of themselves, and be sent to bed without any supper.

• Moving all “disputes” to Mediation/Arbitration is like trying to sprout wings because you once had a bad experience on an airplane.

In a condominium with a population bordering on 2000 souls, statistics guarantee the presence of a small but aggressive group of miscreants, complainers and people who thought “buying a condo” was really just getting a freehold with builtin janitorial. Now, thanks to the new Act, they are “empowered.”

• The move from the internal registry of Changes to Common Elements (formerly private and unique to each corporation) to the highly idealized “public” system tied to the “s.98 agreements” (where, for example, anyone in Japan with Internet access can, in theory, instantly inspect all recent documents relating to my unit) was both inspired -- and insane.

It is the difference between a walk in the park and speeding down the Autobahn. With no grace period, or

transition rules. Or enforcement guidelines.

(Query -- unless the corporation does mandatory inspections under S.17 of the Act, how can the system be enforced, and effect be given to the intent of the legislature? Can we rely on the good faith of each resident to report changes voluntarily, especially when, in some cases, the cost of the mandatory public registration potentially exceeds the cost of the renovation?)

• The “self-nomination” provision, and move to compel a vote “by name” (as opposed to by general proxy) is not unlike President George Bush’s efforts to bring democracy to Iraq. Both look great on paper, but suffer somewhat in the execution. And, of course, the Act tries to walk and chew gum at the same time – it reduces the quorum for the AGM (thereby encouraging apathy) while, at the same time, insisting that residents divine the continued on page 35.

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™

Book Review

Boomer Shock Preparing Communities for the Retirement Generation

By Ellen Hirsch de Haan, Esq. Case Study by Arthur W. Brown The demographic face of America—and of its community associations—is about to change dramatically as Baby Boomers swell the ranks of the over-65 group. They will live longer than any other demographic group in the nation's history, and they will have fewer resources. Find out how your community association can meet the disproportionate demands of aging residents, plan for their long-term needs, find capable Board members when the pool of candidates dwindles, deal with senior residents when their capacities diminish, change governing documents to accommodate the needs of aging residents, and much more. A detailed case study illustrates how one pioneering community association successfully implemented all the recommendations in this book. Contains numerous how-to sections, helpful forms, useful appendices, and practical advice.from your local college or university.

ISBN: 0-944715-78-8 (2004, 86 pages) To order your copy, visit the CAI website at: www.caionline.org

OUR EXPANDING

CONDO PRACTICE GROUP

EXTENDS A WARM

TO NEW BUSINESS For Practical Solutions

416.595.8500 ext. 2968 1.888.762.5559 ext. 2968 www.millerthomson.com

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Attention All Condominium Corporation Members:

WE WANT YOUR NEWSLETTERS!!

Do you think your corporation’s newsletter is well designed, informative, interesting and award worthy?

Entries are now being accepted for the 2005 contest. Please forward a covering letter explaining why you feel your corporation’s newsletter should be considered, along with copies of the newsletter to CCI –Toronto, 2175 Sheppard Ave. E. Suite #310, Toronto, Ont. M2J 1W8. The deadline for submissions is Friday September 30th, 2005.

Newsletters will be judged on style, presentation and content.

The winner will be announced in October 2005 and will receive a complimentary registration for three Directors to attend a CCI Toronto President’s Club Seminar. In addition, the corporation will be awarded a plaque at the CCI Toronto Annual General Meeting in November 2005 and will have their name and photos published in the Winter 2005 Condo Voice and on the CCI Toronto website.

true nature and intent of each selfnominated candidate, without any guidelines for making that decision in the first place (such as an All Candidates Meeting, or any other form of shared fact-finding).

What do we really know about these “self-nominated” candidates, other than that none are significantly lacking in self-esteem? In a nonprofit corporation with a volunteer Board, where does the funding come from to “police” this exciting new election process, just as it’s done (and taken for granted) at the federal, provincial and local levels? Who sets the rules? Who makes sure that everything goes according to Hoyle?

eral Justice Dept. and himself had the opportunity to draft laws on topics he barely understood to ultimately frustrate and confuse the poor souls that had to comply with them.

What goes around comes around.

The only thing I know for certain about the faceless and nameless draftsmen behind this new act is that not one of them ever actually lived in a condominium!

Mr. Appel is a retired lawyer, formerly with the Dept of Justice, and a former Instructor of Law at the University of Toronto.

If the above comments sound testy, they are meant to be.

There is irony in Life. This writer in his younger days worked for the fed-

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4OTAL 3ECURITY 3OLUTIONS FOR #ONDOMINIUMS

BML

Bonita Management Ltd.

“The Professional Difference�

Specializing in Condominium Townhomes since 1977

Stephen N. Stern, C.R.P.M.

— MEMBER—

PRESIDENT & CEO 505 Consumers Rd., Suite 702, North York ON M2J 4V8 Tel. (416) 491-9009 Fax (416) 491-7990 info@bonitamanagement.com

www.bonitamanagement.com

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John M. Warren, C.A. Tony Sokic, C.A.

515 Consumers Road, Suite 100 Toronto, Ontario M2J 4Z2

416-502-2201 fax: 416-502-2210 solution@amtca.com website: www.amtca.com

INTERESTED IN ADVERTISING IN THIS SPACE? Contact our advertising representative, Marie McNamee at (905) 852-2802 or (416) 918-4321 (Cell) for further information.

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List of Advertisers ACMO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 A.R. Consulting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Accousti-Tech . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Active Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Adams Masin Tilley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Bonita Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Brookfield Management . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Brown & Beattie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 CCF Property Management . . . . . . . . . . . . . . . . . . . . . . . . 32 Canlight Hall Management . . . . . . . . . . . . . . . . . . . . . . . . 17 Certified Clean Air Services . . . . . . . . . . . . . . . . . . . . . . . 30 CHUBB Securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Cochrane Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Condominium Dispute Resolution Centre Inc. . . . . . . . . . 11 Con-Serve Group Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Construction Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 David Alexandor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Davroc & Associates Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . 29 Draft Control Solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 Enerplan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Essential Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Fine and Deo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Firenza Plumbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Firm Capital Corp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Gardiner Miller Arnold . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 GMCC Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Greenwin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Group 4 Falck . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Gerald R. Genge Building Consultants Inc. . . . . . . . . . . . 24 GSA Property Management . . . . . . . . . . . . . . . . . . . . . . . 30 Harris Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 JCO and Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Jones Rogers LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Les Consultants Ingenium (Condo Manager Software) . . 36 Maxium Financial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 M & E Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Metro Group of Companies (The) . . . . . . . . . . . . . . . . . . . 26 Miller Thomson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Morrison Hershfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Ontario Screen Systems Inc. . . . . . . . . . . . . . . . . . . . . . . . 18 Ontario Playgrounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Pacey Dirks and Thiel . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Percel Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Polyway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Pro House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Provident Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Raised Rite . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Rogers Cablesystems . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Roussell Eavestroughs . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Samuel Property Management . . . . . . . . . . . . . . . . . . . . . 38 Suncorp Valuations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Stratacon Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 TAL Public Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 TPMG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Vero Property Management . . . . . . . . . . . . . . . . . . . . . . . 12 Viana Roofing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Waste Solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Wilson Blanchard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Whiterose Janitorial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

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ATTENTION Advertisers and Writers!

Are you interested in advertising or writing for “The Condo Voice” or the “Professional Services Trade Directory”?

WRITING FOR “THE CONDO VOICE” As a member, are you interested in writing for “The Condo Voice”? If you are a condominium director and have a unique tale to tell or advice to relay to other condominium boards, please let us know! If you are a professional or trade member offering products or services to condominiums and have a relevant article, let us know!

The subject matter should be current, concise and helpful. The topic should relate to the management of condominiums and not be of a commercial nature. Please either mail or email your article to the editor.

INSERTS Inserts can be placed in the envelope containing “The Condo Voice”.

Limited to CCI members only, professionals and trades can supply copies of their flyers and brochures for insertion in a newsletter issue.

A fee of $600 plus GST will apply.

GST must be added to all rates. All enquiries should be directed to the the advertising representative, Marie McNamee at (905) 852-2802 or (416) 918-4321 or visit www.ccitoronto.org for more information.

™

Barristers and Solicitors

CONDOMINIUM SECTION Jones, Rogers LLP is a full service business law firm with a specialty in condominium law representing many condominium corporations in Toronto and the GTA. We work closely with our clients to find practical, cost effective solutions to problems.

Armand G. R. Conant Mary G. Griffith Jeffrey M. Warren Tiffany Little (Litigation) Suite 1600, 155 University Avenue Toronto, ON M5H 3B6 Tel: (416) 361-0626 Fax: (416) 361-6303 Email: conant@jonesrogers.ca www.jonesrogers.com

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The CCI T Newsletter is published 4 times per year – Spring, Summer, Fall and Winter, by the Canadian Condominium Institute - Toronto & Area Chapter.

Newsletter Directors: Denise Lash/Gina Cody/Henry Cohen/Tom Park Editor: Lynn Morrovat Advertising: Marie McNamee Composition: E-Graphics Publications Mail Agreement #40047005 - Return undeliverable Canadian addresses to Circulation Dept. 2175 Sheppard Ave. E., Suite 310, Toronto, ON M2J 1W8 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 Newsletter, 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.

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Construction Control Full colour pick up film from OBC of last issue