CondoVoice - Spring 2006

www.ccitoronto.org

VOL. 10, NO. 3 • SPRING 2006

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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The

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Running Efficient and Productive Board Meetings

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Effective Use of Committees and Volunteers

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Duties of Directors and the Standard of Care

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Working with a Professional Financial Advisor

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The Reluctant Director

Condominium Board

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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

2005/2006 Board of Directors PRESIDENT

Contents Features

6

Running Efficient and Productive Board Meetings

10

Effective Use of Committees and Volunteers

16

Duties of the Director and the Standard of Care

21

Working With a Professional Financial Advisor

22

The Reluctant Director

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How to Publish and Use a Newsletter to Keep Owners Happy!

Janice Pynn, RCM, ACCI, FCCI Simerra Property Management Inc.

VICE-PRESIDENTS John Warren, C.A. (Chair, Membership Committee Member, Conference Committee) Adams, Masin & Tilley LLP Armand Conant, B.Eng., LL.B., D.E.S.S. (Chair, Legislative Committee) Maclaren Corlett LLP SECRETARY/TREASURER Bob Girard, B.Comm, RCM (Chair: Special Projects Committee) AA Property Management & Associates

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

BOARD MEMBERS Gina Cody, P.Eng., M.Eng., Ph.D., ACCI, FCCI (Chair, Education Committee Co-Chair, Public Relations Commitee) Construction Control Inc. Henry Cohen (Member, Special Projects Committee) YCC #0074 Mario Deo, LL.B. (Chair, Public Relations Committee Member, Conference Committee) Fine & Deo LLP Lisa Kay (Member, Special Projects Committee Member, Conference Committee) Maxium Condo Finance Group Tom Park, P.Eng (Member, Membership Committee Member, Website Committee) Golder Associates Ltd. Vic Persaud, BA (Chair, Website Committee Member, Membership Committee) Suncorp Valuations Ltd. Bill Thompson, BA, RCM, ACCI (Co-chair, Membership Committee) Malvern Condominium Property Management

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

ADMINISTRATOR - Lynn Morrovat ADMINISTRATIVE ASSISTANT - Josee Lefebvre

by Michael D. Pascu, LL.B. It is crucially important to the proper administration of a corporation to master the skills of running a productive Board meeting.

by Barry Widman, LL.B., ACCI, FCCI Committees can be very useful to the Board and Corporation if they are properly mandated and controlled.

by John M. Warren, CA To be a fine Director and a make a significant and positive contribution to your community, take heart, take advice, and take courses.

by Greg Holohan Great returns are not the only concern in Reserve Fund investing; safety and liquidity are far more important considerations.

by Ron Danks Consider developing an Information Package for new Directors outlining their responsibilities.

by Milton W. Zwicker Condominiums are not just buildings — they’re people. Communicating with them is important. Newsletters are a great way to do that.

CCI News 5 31 32 33 34 35 37 38 43

President’s Message Directors’ Code of Ethics Condominium Owners Code of Ethics Condominium Meeting Rules of Conduct New Members Member Profile - Mario Deo, B.A. LL.B. CCI Annual General Meeting Report Newsletter of the Year Award Book Review

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KEEP THE AIR IN YOUR CONDO HEALTHY PREVENTION OF:

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President’s Message

T

he Condo Board is, in all reality, the single most important ‘ingredient’ in a well-run corporation. This group of three, five, seven or more volunteers, and how well they relate both to each other, and to the ‘outside world’ can mean the difference between a corporation which functions well, and one that does not.

Janice Pynn, RCM, ACCI, FCCI

We’ve all heard stories of that one board member who (a) is self-serving, (b) sabotages every board meeting (c) attempts to micro-manage the property manager, or (d) all of the above — so this issue of the Condo Voice is dedicated to the ‘Condominium Board’.

The articles contained in this issue offer superb tips on how to be an effective director, how to communicate to owners/residents through newsletters, how to make the most effective use of Committees and much more — so take note — you’ll probably want to save this issue for future reference. And you’ll definitely want to share this issue with other board members.

You will also want to take note of the press release included with the Spring 2006 CCI member mailing (and also posted on our website at www.ccitoronto.org). As reported earlier, CCI Toronto has been hard at work since the fall of 2004 advocating on behalf of all condominiums to the Ontario Energy Board against the current practice of hydro providers demanding security deposits from new condominium corporations. As this press release indicates, we have had some initial encouraging results—but further efforts will likely be required before we achieve complete success on this matter. The CCI-Toronto Chapter is committed to pursuing this matter on behalf of our members and will provide further updates as information becomes available.

Working for you – CCI is the ‘Voice of Condominium’!

Janice Pynn, RCM, ACCI, FCCI President, CCI Toronto & Area Chapter

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Running Efficient and Productive Board Meetings A Crucial Skill that Board Members Must Master

BY MICHAEL PASCU, LL.B. FINE & DEO, BARRISTERS AND SOLICITORS

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robably the most important task of board members is to conduct board meetings. The reason is simple: decisions and actions of the board of directors occur at board meetings. Accordingly, in order to run a corporation well, board members must be able to hold efficient and productive board meetings. There are a number of publications and resources available, through CCI and ACMO, to board members who wish to learn or improve on this important skill. This article is not a comprehensive “how-to-guide”, but rather a reminder of the importance of learning how to conduct board meetings, as well as an attempt to summarize what is required in order to have efficient and productive meetings. This article is geared particularly toward those board members who chair board meetings, but the information contained herein is useful to all board members.

The Key to Conducting an Effective Meeting In a nutshell, the key to conducting an effective meeting is the following: a. prepare in advance for the meeting, by deciding what items to deal with and by gathering all the information necessary for careful and thorough consideration of the issues; b. prepare an agenda and distribute it to the other board members prior to the meeting, as part of the notice of meeting package; c. understand and use parliamentary procedures to conduct efficient and orderly meetings; d. control the discussion, to create a congenial atmosphere, diffuse tensions and disagreements, and prevent misunderstanding between board members; and e. follow the agenda strictly, by focusing discussion on the topic at hand and discouraging discussion on unrelated matters.

Agenda

bers should have read them.

Inaccuracies or omissions should be corrected, and the minutes, once approved, should be inserted into the corporation’s minute book.

The preparation of the agenda is a very important part of the preparation for the meeting. An effective chair, in conjunction with the property manager, determines the issues to be covered at the meeting and sets the groundwork so that the other board members can act on the issues appropriately and effectively. In addition, the agenda is critical to an efficient meeting because it provides a structure for the meeting, it allows the board members to consider and familiarize themselves with the

It is important to understand that the minutes are not intended to be verbatim transcripts of the discussions of the board. Rather, the minutes should simply provide a record of the motions and resolutions made and a summary of the relevant discussions and actions taken by the board. The minutes

…the minutes should simply provide a record of the motions and resolutions made and a summary of the relevant discussions and actions taken by the board. issues ahead of the meeting, and it limits consideration to only those items that can be adequately dealt with within the time allocated for the meeting.

Items on the Agenda should however be sufficiently detailed to indicate who was present, what topics were discussed, what motions were made, what the vote was on the motions, who opposed the motions, and who abstained from voting and for what reasons.

There is no specific format for the meeting agenda, although certain matters should be dealt with at the beginning of the meeting, before considering any new business. A suggested format is as follows: a.

Approval of minutes The first item of the agenda should be the approval of the minutes of the previous meeting. The minutes are the official record of the board’s decisions, and as such, they must be accurate and complete. The minutes should have been delivered to the directors in advance of the meeting, along with the agenda, so that all board mem-

b.

Review the financial statements The board must be aware of the financial position of the condominium corporation before making any new decisions affecting the condominium corporation.

continued …

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c.

Property manager’s report The property manager should report on any ongoing projects or matters affecting the condominium corporation. Any new items that the property manager wishes the board to consider should have already been discussed with the chair and placed under the “new business” section of the agenda.

d.

Other reports If there are any additional reports, such as the reports of standing or special committees, they should be added here. The chair should require committees to submit their written reports prior to the meeting, so that they may be included in the notice of meeting package and added to the agenda. This would allow the board members to consider the matters contained in the report before the meeting and, if necessary, request the committee members to attend the meeting

to answer any questions. e.

Unfinished business Any matters that were not dealt with at the last meeting should be dealt with at this point.

f.

New business All new business on the agenda must be concisely set out, with sufficient description so that board members are aware of the issues and facts that must be considered and decided upon. For example, an item may be introduced as follows: “The board has been asked to permit a unit owner to conduct a yoga class in the party room. The property manager recommends against it for insurance reasons”.

This type of introduction focuses the discussion on the issue at hand.

To keep the agenda focused and the meeting efficient, the chair should also consider attaching a

memorandum to the agenda that provides a brief background on some of the items for consideration, to refresh the memory of the board members, summarize the issues or concerns, and state the intended direction of the discussion and the action to be taken.

The chair should not permit any additions or changes to the agenda at the beginning of the meeting, to prevent discussion on items that some board members may not know anything about. Needless to say, under no circumstance can any board decision be made outside of a properly called and constituted board meeting.

Parliamentary Procedures The chair should have a working knowledge of parliamentary procedures in order to run efficient meetings. The parliamentary procedures are described in a number of publications, such as Robert’s Rules of Order or Nathan’s

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Company Meetings including Rules of Order. It is beyond the scope of this article to set out all the rules of order applicable to board meetings.

However, the following are some suggestions as to the procedure to be followed at board meetings: a. parliamentary procedure requires that each item of business be brought before the board in the form of a motion. A motion is essentially a formal proposal by a board member on which the board must act. The chair should ask for a motion to discuss each item of new business. If the motion is made, it must be seconded, and the discussion should remain focused on that item on the agenda. If an item on the agenda does not get a motion and a second, the item cannot be dealt with but may be brought up again at a subsequent board meeting; b. any motion may be modified or clarified before it is seconded and considered; c. if there is not sufficient information to properly consider a matter, any board member may make a motion to postpone the matter until the next meeting, to allow the necessary information to be collected. If the motion is seconded and passed, the item is placed on the next meeting’s agenda as unfinished business; d. if discussion on a matter becomes unproductive, the chair should call for a motion to end discussion or to postpone the matter until the next meeting; and e. if all the items on the agenda are dealt with, or if the meeting stretches beyond the allotted time and becomes unproductive, the chair or any member should call for a motion that the meeting be adjourned.

Whether or not to adjourn a meeting is a board decision and therefore the decision requires a motion, second, and a majority vote.

Resolutions What is the distinction between motions and resolutions? A resolution

is really just a formalized written motion that is used for approving certain official actions taken by the board, such as opening a bank account. Often, a third party, such as a bank, requires that certain decisions of the board be formalized into a resolution. However, the Condominium Act, 1998 also specifies instances where the decision of the board must be made in the form of a resolution. The standard form of the resolution uses paragraphs beginning with “Whereas ...”, which sets out the background and reasons for the action, followed by a paragraph beginning with “Now therefore, be it resolved ...”, which leads into the actual wording of the resolution.

Conduct at meetings The chair must be fair and decisive in running board meetings. It is up to the chair to direct discussion, to adhere to the agenda, and to guide the board towards completing the business at hand. Meetings usually generate a variety of perspectives on different issues.

The chair should encourage discussion and treat all board members fairly; however, the chair should at all times act firmly to prevent conflict and to steer the discussion to the item on the agenda. Clearly, the chair has a difficult role, but one that is crucial to the running of effective board meetings and one that must be mastered.

Conclusion This article hopefully has served as a reminder to board members of how crucially important to the proper administration of their corporation is to conduct efficient and productive meetings.

It has also hopefully inspired board members to make an effort to learn how to run their own board meetings better.

Learning to run effective and efficient meetings is a skill that takes practice and time to master, but ultimately the results are not only personally satisfying to those board members who put in the effort, but also beneficial to their own condominium communities as well.

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Effective Use of Committees and Volunteers (Don’t Let the Tail Wag the Dog)

BY BARRY WIDMAN, LL.B., ACCI, FCCI

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Introduction The subtitle of this paper is somewhat colourful and was suggested by Ron Danks, past president of the Golden Horseshoe Chapter of the Canadian Condominium Institute.

We who practice condominium law give much thought to the functions of board members and officers of a condominium corporation but do not often give much thought to committees and their function in a condominium setting, and, generally are not called upon to consider certain aspects of liability,

Certainly, a condominium property composed of retired but still functioning executives and professionals, with time on their hands, is likely to have more effective committees than a property where the residents have less free time and less skilled persons.

Generally speaking, it has been my experience that condominium properties with a number of functioning committees usually also contain a group of happier owners who look upon these committees in a positive fashion. In one such condominium building, the committees themselves are treated in a

mally created or sometimes created on an ad hoc basis, usually consisting of resident volunteers, to carry out a specialized function. Some committees act formally, having meetings, electing a chairperson, taking minutes, etc., and others are more informal.

Creation of a committee It is generally wise, from a risk point of view, that a committee be, in fact, created in a formal manner, preferably by resolution of the board of directors.

The value of such method of creation

It is generally wise, from a risk point of view, that a committee be, in fact, created in a formal manner, preferably by resolution of the board of directors. risk and insurance concerns pertaining to the actions of committee members. It is likely that this is so since there appears to have been little or no litigation involving such issues and consequently no reason to consider and deal with a nonlegal entity such as a committee.

Yet, we all know of condominium properties where the board is greatly assisted by such committees and where the quality of life is greatly enhanced by the work of such committees.

Conversely, we all likely know of condominium properties where no committees exist or where there are committees which function badly.

It has been said by one cynic that “the best committee is a committee of three with two members home sick�.

Notwithstanding that remark, the degree of effectiveness of a committee is likely dependent on the direction it receives, usually from the board of directors, and the skill of its members.

very positive fashion, with committee members being recognized and praised for their achievements at every annual general meeting, at which meeting each committee makes a brief report.

Ontario Condominium Act The new Ontario Condominium Act in sections 37 and 68, does make mention of an audit committee composed of board members and other owners, but does not otherwise deal with the notion of committees. Such committees are not legal entities recognized under the statutes and consequently, as mentioned below, when dealing with questions of liability and insurance protection, guidance will have to be sought from other areas of law.

What is a committee?

Generally speaking, in a condominium community, a committee consists of more than one person, and is either for-

will be seen below. Sometimes committees virtually create themselves when a group of persons gets together and determines that it will run a particular function, sometimes without any recognition by the board. This is a somewhat risky proposition for members of that committee, as will be seen below. In my view, it is best if a committee is created by the board and given a specific mandate by the board, delineating, at least broadly, and sometimes exactly, what its functions are.

Types of committees The types of committees which can be created are limited only by the imagination of the creators. There can be committees involved in finance, social activities, gym activities, aerobic activities, barbecues, newsletter, safety and security, landscaping, nominating committees, and it goes on and on. continued ‌

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Composition of committees Generally speaking, a committee can consist of all non-board members or one or more board members combined with non-board members or all board members. Frequently, where a committee consists of three persons, such committees may typically involve one board member and two non-board members.

Again, as will be mentioned below, from a risk point of view it is likely that there will be an advantage to having one or more board members on a committee.

Functions of a committee Generally speaking, committees have one or both of the following purposes, i.e. to advise the board or to physically carry out a specific function, for example, running an exercise class or holding a barbecue.

Committees with an advisory function, for example, a finance committee, could investigate the finances of the corporation and provide advice to the board which the board may find useful in future budgeting procedures or may otherwise assist the board in cutting costs or raising income. In this kind of situation, the board is receiving advice and information in order that the board

may make a decision in an area which is solely the board’s responsibility. The board is not entitled, in law, to delegate that decision making authority. As will be seen below, there is less likelihood of liability on a committee or its members when it acts in an advisory capacity since the final decision is up to the board.

On the other hand, a barbecue committee acts more in a physical sense and would, for example, undertake the organization of a social evening involving a barbecue, arranging for ordering and delivery of food necessary for such an occasion, and perhaps also undertake the actual cooking and providing such food to the residents invited to such barbecue.

Apart from the services they provide, committees also fulfill other useful functions. They create an opportunity for participation by the committee members in the affairs of the corporation. They broaden the base of concerned citizens and allow for greater feedback into the community. They can form a training ground for future board members, in particular, if there are one or more board members sitting on such committees, so that the non-board members get a feel for how the board is thinking and for methods of communicating with the boards in a persuasive fashion.

Boards should seek, apart from the question of liability, to control the functions of the committee so that the task with which it has been mandated is carried out properly so that any advice expected will be useful to the board and any other task will be carried out efficiently and safely. The board does not wish to have a committee get out of control which may, in the end, cause harm to the corporation. The board should periodically review committees, their functioning and composition, and make changes in such committees where the board feels it necessary.

Liability questions In speaking of the notion of liability, I am referring to the fact that a committee member or the committee as a whole, may by their acts or omissions, incur legal liability to a third party or cause either or both of the corporation or the board members to be liable to such third party. In addition, there is always the possibility that a committee member may be injured during the course of the activity of the committee and may, themselves, have a claim against a third party or against the corporation or board.

The ins and outs of who has a claim against whom can become somewhat complex.

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For the purposes of this article, I will mainly consider, both under this heading and the heading “Insurance” below, the risk run by a person in becoming a committee member.

What follows will be mainly a discussion of ideas and legal principles together with various suggestions, none of which, in light of the lack of precedent, should be taken as an absolute assurance of the outcome of any sort of claim which may be made against a committee member.

One can readily see that where a committee member is involved in physical activities, such as serving food at a barbecue or conducting a gym class,

corporation might have a duty to indemnify and protect that particular committee member. On the other hand, where a committee acted without authority of the corporation, and therefore not as an agent of the corporation, then that committee member might be liable and without any protection from the corporation.

In short, being a committee member, depending upon the method of creation of that committee, may be a risky business.

It is, therefore, wise, in my view, that such committees be, in fact, created by a resolution of the board which resolution would also outline the man-

2. Directors’ and officers’ liability insurance, covering directors and officers.

POSSIBLE LIABILITY SITUATIONS RE COMMITTEE MEMBER Will a committee or its members be liable for advice given?

In theory, advice given or information provided which is negligently or recklessly provided may form the basis for a claim. Practically speaking however, a claim against a committee member is unlikely to occur since the committee is simply providing information or

The board should periodically review committees, their functioning and composition, and make changes in such committees where the board feels it necessary. that a third party might be injured by the acts or omissions of that committee member. If such were to occur, it is certainly possible that the third party may sue the committee member or all the committee members based on negligence or otherwise. Such a third party may also sue the board members and the condominium corporation. The issue at this stage for the committee member is whether or not that committee member would be entitled to be indemnified by the corporation in the event that committee member is found liable to the third party.

Since there is little mention of committees in the Condominium Act, one must look to the common law to see if, apart from the question of insurance, whether that committee member will be protected.

For example, and utilizing principles of the law of agency, where it could be reasonably urged that the committee member was acting as an agent of the corporation and acted within the scope of the committee’s authority under a mandate of the board, then the

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date of that particular committee with respect to the task which has been, in effect, delegated to it by the board. If in addition to this formal creation of the committee, one or more board members sits on such committee, such would lead credence to the notion that the committee and its members are really agents of the board and, therefore, of the corporation since the board is acting on behalf of the corporation. Where, however, a committee acts beyond the scope of the authority provided to that committee or its members, then that committee or its members may well not be able to obtain indemnity from the corporation.

Insurance coverage Generally speaking, from the point of view of liability, corporations carry two types of insurance coverage, as follows: 1. Commercial general liability coverage, which generally protects the corporation in the event of liability with respect to property damage or physical harm.

advice to a board. The board is likely dealing with an area within its own jurisdiction which, by law, it is not permitted to delegate and, consequently, must make its own decision, which it likely will make in any event, based on that advice and information and advice apart from that given by the committee.

In short, the advice and information given by the committee is given gratuitously and it is the board’s responsibility to sift through such and other information and advice and arrive at its own decision without relying, in a legal sense, on the committee.

Where physical harm or property damage results On the other hand, the physical conduct of a committee member resulting in harm to a third party may well form the basis for a successful lawsuit by that third party.

Such a lawsuit, likely sounding in negligence, involving physical harm or property damage would, assuming the

board has properly appointed such committee and its members and outlined its mandate, likely be covered under the general liability insurance policy of the corporation so that any action against the committee member, the committee or the corporation, will be defended and indemnified by the corporation’s insurer.

The theory here is that the committee and its members, so appointed by the board, are, in effect, agents of the corporation so that the corporation’s insurance comes into play to protect both the corporation and its agents. I have had the opportunity of discussing this matter with an insurance broker who indicates his understanding that the insurers may well view such a committee member as an “appointed officer” and provide coverage for such person.

Again, this is not an absolute assurance that such will occur but is a theory upon which an insurer may well operate.

a committee person, properly appointed by the board with a mandate outlined in a board resolution, may also be considered to be an agent of the corporation or “an appointed officer” so that the insurer may provide coverage for such person. Again, this is only a possible argument to be made.

Protection of committee members A wise board will seek to protect members of any committee by establishing the committee by a board resolution, shown in the minutes of a board meeting, such resolution describing in general or specific terms the parameters of the function of that particular committee, which may in insurance law provide the necessary nexus with the board and the corporation so as to provide insurance protection to that committee.

If the board, in addition, places one or more of its members on that commit-

tee, then the connection can only be enhanced so as to provide such protection.

Summary In summary, committees can be very useful to the board and corporation if they are properly mandated and controlled. Committees should be created in such a manner as to potentially provide the greatest protection to such committee members who, by and large, are volunteers wishing to assist the corporation and without realizing the potential risk being run.

Where monetary loss results to a third party It is difficult to envision a situation where a committee or its members could cause monetary loss, as opposed to physical harm or property damage, to a third party. In theory, I suppose, it is possible that a committee person could order goods for which the corporation refuses, ultimately, to pay and a third party may have a claim. In a more esoteric way, it is possible, for example, that the committee could do something to the grounds of the corporation which devalues a unit or units, thereby allowing such owners to sue for loss of value of their unit. These are far out and unlikely scenarios but, in theory, could occur.

In such a situation, where there has been no property damage or physical harm, a general liability policy will likely not play a role. The next question is whether or not the typical directors’ and officers’ liability policy will cover the committee member.

Certainly, such policy covers the board members and actual officers of the corporation. It is arguable here that

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DUTIES OF DIRECTORS AND THE STANDARD OF CARE As presented at the 2005 National ACMO/CCI Condominium Conference

JOHN M. WARREN, CA ADAMS, MASIN & TILLEY, LLP

W

hen the latest Condominium Act came into force in 2001 and condominiums were required to properly fund their reserve for major repairs and replacements, a number of directors were subject to a lot of uninformed and unfounded criticism for raising fees, including requisition meetings, with a promise by the requisitioning group that, if elected, they would decrease fees, not only rolling back the increases due to funding the reserve but cutting common element fees across the board. Unfortunately these groups did not understand that there is no landlord and no profit margin to squeeze, that the only way to cut fees is to cut costs and that, barring waste, of which there is typically very little, there are only two ways to do that, reduce maintenance standards or reduce service levels. When elected these groups quickly find that they are constrained in their desires because, fortunately for those living in condominiums, there are restrictions on the ability of directors to cut costs and services. I say fortunately because most owners typically do not want changes or service cuts of 16

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any significance or at least do not want them without their permission.

The Condominium Act and a variety of other legislation limit the actions of directors. We will discuss only the limitations contained in the Condominium Act but other legislation such as that governing workplace safety, health and safety of residents, fire safety and elevator safety, for example, may also limit what can be done and attention should be paid to their requirements.

DUTIES OF THE CORPORATION The corporation has certain responsibilities and the directors, as the governing body, are responsible to ensure that the corporation discharges them properly. Though not all-inclusive, directors should be aware of the following: Section 90 - The corporation shall maintain the common elements.

Section 93 - The corporation shall establish and maintain one or more reserve funds.

Section 94 - The corporation shall conduct periodic studies to determine whether the amount of money in the reserve fund and the amount of contributions collected by the corporation are adequate to provide for the expected costs of major repair and replacements of the common elements and assets of the corporation.

Section 115 - A person who receives money on behalf of or for the benefit of the corporation, including money received from the owners as contributions to the common expenses or the reserve fund, shall hold the money, together with interest and other proceeds earned from investing it, in trust for the performance by the corporation of its duties and obligations. This Section also requires establishment of general and reserve fund bank accounts, depositing monies to the appropriate bank account, investing in eligible investment, preparation of investment plans and keeping of investment records.

Section 17 – Directors are required: To manage the property and assets of the corporation on behalf of the owners; To control, manage and administer the common elements and assets of the corporation and; 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 this Act, the declaration, the by-laws and the rules.

Section 40 – Directors have to disclose any conflicts of interest and neither be present when the matter is discussed nor vote on the matter.

Section 56 – Directors may make, amend or repeal by-laws, not contrary to this Act or to the declaration that shall be reasonable and consistent with this Act and the declaration (Notice to and a vote of owners is required).

Section 58 – Directors may make, amend or repeal rules respecting

the use of the common elements and units that shall be reasonable and consistent with this Act, the declaration and the by-laws.

(Notice to owners is required and a vote if 15% of owners request one).

Section 97 - Directors may make additions, alterations or improvements to the common elements, a change in the assets of the corporation or a change in a service that the corporation provides to the owners: Without notice if the estimated cost, in any given month of making the additions, alteration, improvement of changes is no more than the greater of $1,000 and 1% of the annual budgeted common expenses for the current fiscal year.

With notice if not substantial and with vote only if 15% of owners request one.

With notice and vote of 66 2/3% of owners voting in favour if substantial - estimated costs over 10% of current annual budgeted expenses.

Section 119 - A corporation, the directors, officers and employees of a corporation, a declarant, the lessor of a leasehold condominium corporation, an owner, an occupier of a unit and a person having an encumbrance against a unit and its appurtenant common interest shall comply with this Act, the declaration, the by-laws and the rules.

STANDARD OF CARE FOR DIRECTORS In discharging their responsibilities, directors must take care to perform their duties responsibly and the Act sets out the standard their conduct is to be judged against and consequences for failure to meet the standard.

Section 37(1) - Every director and every officer of a corporation in exercising the powers and discharging the duties of office shall act honestly and in good faith; and exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. continued …

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Section 37(2) - A director shall not be found liable for a breach of a duty if the breach arises as a result of the director’s relying in good faith upon, financial statements of the corporation that the auditor in a written report, an officer of the corporation or a manager under an agreement for the management of the property represents to the director as presenting fairly the financial position of the corporation in accordance with generally accepted accounting principles; or a report or opinion of a lawyer, public accountant, engineer, appraiser or other person whose profession lends credibility to the report or opinion.

Section 38 - No director or officer of a corporation shall be indemnified by the corporation in respect of any liability, costs, charges or expenses that the person sustains or incurs in or about an action,

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suit or other proceeding as a result of which the person is adjudged to be in breach of the duty or act honestly and in good faith.

Section 136 - Unless the Act specifically provides the contrary, nothing in this Act restricts the remedies otherwise available to a person for the failure of another to perform a duty imposed by this Act. Section 137 - Every corporation under this Act or any other Act and every other person who knowingly contravenes certain sections is guilty of an offence and on conviction is liable to a fine of not more than $100,000 if a corporation or $25,000 if not a corporation. It is an offence for a director or officer of a corporation within the meaning of this Act or any other Act to knowingly cause, authorize, permit, partici-

pate in or acquiesce in the commission by the corporation of an offence mentioned above.

Offence sections relevant to directors are: Section 55 - maintenance of records, Section 115 - money and investments, Section 118 - entry by canvassers for elections, Section 131 appointment of an administrator.

DIRECTORS AND OFFICERS LIABILITY INSURANCE Section 39 stipulates that directors and officers liability insurance is to be purchased where reasonably available.

However, it goes on to say that this insurance shall not cover liability as a result of a breach of the duty to act honestly and in good faith. Further, it appears that insurance companies are declining coverage if liability ensues when the board acts contrary to professional opinions received. One insur-

ance company has indicated that it will not cover liability arising as a result of directors proposing a plan for future funding of the reserve for major repairs and replacements that is different from that proposed by the reserve fund study consultant.

It appears that if the directors decide they have more knowledge than the professionals and they are wrong, there may not be coverage against liabilities so incurred and, therefore, they may be putting their personal assets at risk and no director should expose their personal assets to loss, no matter how remote the possibility.

HOW TO DETERMINE WHAT OWNERS WANT In a word, communicate. The best boards communicate changes they are contemplating and seek input before making decisions, whether it be a change to clean the windows and garage only once a year; reducing concierge coverage, making cosmetic changes to the common elements or undertaking major repairs and replacements. They use newsletters, surveys, information meetings and the Annual General Meeting to inform owners of their plans and seek input.

There is a saying in the condominium community that, unlike normal life where you can please some of the people all of the time and all of the people some of the time, in condominiums you can’t please all the people at any time and some people you can’t please ever, or so it seems. So directors must ensure that their decisions satisfy most of the people all of the time and that when an unpopular decision is required, ensure that they can support the decision as being required in the best interests of the entire community.

Unpopular decisions have to be made fairly regularly—witness the annual budget brouhaha—but much criticism can be avoided with proper communication.

CONCLUSION So what does all this mean and how should the directors go about discharg-

ing their duties? How do they balance their duties with the conflicting requirements of a clean well-run and wellmaintained building with good services but low fees? I am reminded of the Greek myth where the hero, I think Hercules, has to clean out the stables and finds that as fast as he shovels the brown stuff out one end, even more is created at the other end.

Being a director in a condominium may seem overwhelming and the task a little Herculean but it is not that hard to be a good director. A director must act and be seen to act for the benefit of all owners; they must repair the corporation’s portion of the buildings (the common elements) and maintain them in good shape; they must be financially prudent every year and plan for future major repairs and replacements and they must provide the services and service levels that owners expect.

You can’t go far wrong if you: • Don’t do anything your mother would not approve; be kind; be more than reasonable.

• Don’t do anything that reasonable owners would not approve, that is the standard — the reasonable and prudent person and decisions should be gauged against it.

• Follow good governance principles, adhere to a director’s code of ethics, use a sealed tendering process; record all decisions at proper directors meetings and review financial statements carefully.

• Don’t engage in conflict of interest transactions if at all possible and then only with widespread communication to owners before the fact.

• Communicate early, communicate often and communicate some more .

Ensure owners know about all major projects, problems and changes being contemplated and provide opportunities for them to provide input before decisions are made.

er electing to treat the change as requiring notice or a vote so you know you have support for your decision.

• Engage professional management and rely on their advice—ACMO 2000 companies and RCM managers.

Quality management is the single most important decision directors make as these are the professionals who guide you in the day-to-day conduct of the business of the corporation and the personal aspects of your role; who know the risks and pitfalls and who have the abilities to deal with them effectively.

• Use, rely on and follow the advice of other professionals, lawyers, engineers, consultants and auditors where the directors do not have demonstrable expertise.

• Become educated – All condominiums should join CCI and ACMO. Directors should read the magazines they publish and attend CCI director courses and other seminars of interest.

So take heart, take advice, take courses, remember to ask yourself what your mother would think and you will be a fine director and make a significant and positive contribution to your community.

John M. Warren, C.A. is a partner with Adams, Masin & Tilley LLP, Chartered Accountants who provide audit and financial services to over 175 condominiums. He is a member of the Associates Executive Committee of ACMO and is Vice-Chairman of The Canadian Condominium Institute – Toronto and Area Chapter. He writes regularly on financial matters in condominiums and is a frequent speaker at educational programs for managers and directors and at condominium conferences and seminars.

• If you have any doubt about owner acceptance of change (and, except for the most minor of changes, you almost always should have), consid-

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Working with a Professional Financial Advisor

BY GREG HOLOHAN, INVESTMENT ADVISOR, SCOTIAMCLEOD

M

ary Smith* is the Treasurer of a 250unit condominium building in downtown Toronto. She has a full-time job and is well respected for her work in the business community and with non-profit organizations.

Mary balances her schedule carefully to ensure that she meets her responsibilities to the condominium owners and the board.

Not long ago, she was asked about the investment performance on her condominium’s reserve fund. “I honestly didn’t know,” she said. “I had to look.

I knew that our property manager took care of actually investing our money.”

Her property manager is diligent and hard working, but he also has numerous responsibilities that demand his time. After all, his firm takes care of everything from security to snowremoval, and from elevators to electricity. He did a capable job by investing

the money in a high interest savings account at a Canadian chartered bank, but admitted that investments are not his firm’s forte.

Mary realized that she needed to speak to an expert.

“At first, I wasn’t really aware that a financial advisor could be used to help our condo manage our reserve fund,” Mary said. She also didn’t realize the impact that better returns could have on the value of the fund (Exhibit 1).

Achieving a better return on the investments means that condo boards can slow the increases in fees to the owners. With constant pressure from owners to keep fees down, better investment performance can be a hidden gem for condo boards in battling rising costs.

How does a condo achieve better investment performance?

Section 115 of the Condominium Act of Ontario permits condos to invest their reserve funds in a list of “eligible securities”, which includes federal and provincial bonds. These bonds are guaranteed by the government that issues them, and have yields that tend to be much higher than the

GIC rates posted by the major banks (Exhibit 2). Unlike most GICs, bonds can also be easily sold in the open market if the condo has an unexpected need

for its cash after the investment is purchased.

Great returns are not the only concern in reserve fund investing; in fact, they’re not even the top priority.

Safety and liquidity are far more important considerations. Nevertheless, Treasurers like Mary are beginning to see the value in speaking to a professional advisor about their condominium’s investment performance. Or, as Mary put it, “it’s definitely worth looking into.” * Name changed for anonymity

Greg Holohan is an Investment Executive with ScotiaMcLeod. He specializes in helping condominiums improve the performance of their reserve fund investments. He can be reached at 1.800.447.5854.

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The Reluctant Director

BY RON DANKS, B.A.,(HONS), L.L.B., ACCI, FCCI PARTNER, SIMPSON WIGLE LLP

ome condominium directors are under the mistaken belief that if they don’t like a decision that is being made or do not feel comfortable in participating in the decision making process, they should simply abstain from voting.

In both instances, they would be wrong to do so.

S

In the Condominium Act, 1998, Sections 40 and 41, discuss the issue of conflict of interest. Simply speaking, where a director has a financial interest in a contract or transaction that the corporation is considering entering into, he or she must disclose that conflict. At that point, they must excuse themselves from 22

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attending any meeting, (or at least a portion of it), where that matter will be discussed and/or voted upon.

In a broader sense, the choice of abstaining from a vote is only considered appropriate where the director has a financial interest in the decision being made, (similar to that set out in the Act) or, in some cases, where a director may benefit in some other fashion as a result

in the minutes accordingly.

Where a director wants to abstain because he or she was not prepared, the Chair should again declare the abstention improper and indicate that the minutes will show that director’s vote as being in support of the majority decision. The appropriate position of the director who attempts to abstain in that case would be either to simply

deal with an individual board member who, once elected, seems to disappear into thin air. They tend not to attend many meetings, or if they do, they do not provide any real input into the discussion. Other symptoms of the invisible board member include the failure to complete assigned tasks on time, if at all; never volunteering to take on work; failing to read financial statements and

Directors who do not indicate in any fashion how they intend to vote, are considered to have voted with the majority by reasons of their “acquiescence”, (i.e. silence), and their vote should be recorded as such. of a decision to be made by the board.

An example of the latter may be where a director has applied for consent to make an alteration or improvement to the exclusive use common elements assigned to his or her unit. Even if that decision is routine, (i.e. that the board has regularly granted such consent to other owners), that director should disclose the conflict and have it noted in the minutes; should not participate in the discussion other than to answer questions and should abstain from voting on the issue. Where the issue is contentious, the director should also excuse himself or herself from that portion of the meeting where it is discussed or voted upon.

In all other circumstances, a board member must either vote yes or no to all decisions properly placed before the board. A director cannot abstain from a vote simply because they do not agree with the decision of the majority but for some reason doesn’t want to have the records show he or she voted against the decision. If faced with such a director who abstains from voting the Chair should declare the abstention improper and indicate that director’s vote will be considered as a “yes” vote in support of the majority decision unless he or she clearly states it is a “no” vote.

The Chair should then note that director’s vote as being for or against the majority decision and have it recorded

vote no with an explanation that they were not prepared or request that the matter be deferred to a later meeting to afford them the opportunity to further review the matter. This is assuming that the director in question should have been prepared to make a decision taking into consideration all other circumstances. If, for example, a key report or financial statement was not provided to that director or was provided very late, the chair should seriously consider deferring the vote to another meeting.

This does not necessarily mean the board must wait until the next regularly scheduled board meeting. Subject to the notice requirements of the Act and the corporation’s By-Laws, a quick and “short” meeting could be called to deal with that issue.

Directors who do not indicate in any fashion how they intend to vote, are considered to have voted with the majority by reasons of their “acquiescence”, (i.e. silence), and their vote should be recorded as such.

In the writer’s opinion, directors who routinely try to distance themselves from the decision making process by abstaining or acquiescing are not fulfilling the standard of care expected of them under the Condominium Act, 1998, or by their unit owners.

Many boards of directors have also experienced the difficulty of having to

other reports provided in anticipation of board meetings; and rehashing issues that have already been dealt with at a previous meeting, either because the individual did not attend it, or didn’t pay attention when the matter was discussed.

There is also no single cure for dealing with the invisible board member. There are, however, steps that may be taken to prevent such an individual from getting on the board in the first place or, once they are on, to draw them out of their shell. Here are a few thoughts: • Start at the beginning. When your corporation issues its preliminary call for directors, consider adding a “job description”. The description should set out how many meetings board members would normally be expected to attend in the fiscal year, how long the board meetings usually last, where and when they are usually held, roughly how many hours a director may have to spend on corporation business during the year in total, and any special tasks that directors might be requested to deal with. The job description should be followed by a clear, concise statement indicating that anyone who is elected to a position on the board will be expected by the unit owners and the other board members to live up to that commitment. It is also

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a good idea to advise prospective candidates that they will be expected to take a condominium directors educational course from a chapter of the Canadian Condominium Institute, (“CCI”) at the earliest available opportunity after their election, (at the expense of the corporation). A similar statement should be made at the annual general meeting prior to the election of the directors. You might go so far as to require that anyone who accepts a nomination stand up at the meeting and agree that they will fulfill the job description set out by the board to the best of their ability.

• Information package. Consider developing an information package for new directors containing an outline of their responsibilities; any policies that the board or previous boards may have developed in respect of the administration of the condominium; the minutes from the last 6-12 board meetings, (to give the new director a feel for what has recently been going on at the board level); a list of the other board members’ names, telephone numbers and addresses as well as those for the property manager, auditor and corporation’s solicitor; and any other pertinent information that you may feel is important in respect of your own site.

You may also want to round out that package by providing copies of the Declaration, By-Laws and Rules, (assuming the new director does not have an up-to-date set), and providing a copy of the “Condominium Handbook” by Gerry Hyman and/or a “Shortened Version of the Condominium Act, 1998:, both produced by CCI and available through local chapters.

Directors who are going to be absent for a number of months because of a long vacation, (e.g. “snowbirds”), should be advised that they will be expected to participate by conference call at board meetings. In that case, you should ensure that any reports, board minutes or other pieces of information disseminated to the board members will be sent to wherever the individual is vacationing.

NOTE: This would not apply to a board member who may be taking a two-week vacation and as a result may miss one meeting. Everyone deserves a break now and then, especially condo directors!

• Build confidence. A good chair will recognize that not all individuals are good public speakers or have the confidence to actively engage in discussions during board meetings. Such an individual is not necessarily apathet-

ic but simply may not be comfortable in speaking out, especially if they are a new director. When faced with such individuals, a good chair will ask them for their opinion rather than wait for it to be given. By slowly drawing such individuals into the flow of the board meetings, you may be pleasantly surprised at how quickly they can become an active member.

• Praise works. Don’t hesitate to praise a job well done by a board member. This helps to build confidence and encourages more participation. Use constructive criticism judiciously.

Even though you may think that you are trying to help the individual by pointing out some shortfall in the work that they have completed, that individual may perceive it as a rebuke which causes them to withdraw even further from actively participating in the board.

On the other hand, where an indi-

• Facilitate Involvement. Some individuals may make a very good board member but may not be as available to attend board meetings as others.

In that regard, every corporation should ensure that their By-Laws include a provision that allows directors to be present by way of a conference call.

This may mean acquiring a conference call system for your board room or making other arrangements such that a conference call can be used.

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vidual director consistently fails to participate in board meetings or fails to complete assigned tasks on time without reasonable excuse, the remaining board members may find it necessary to censure him or her. Depending upon the seriousness of the matter, the board may choose to censure the individual “off the record” or have it included in the minutes recognizing that those minutes may be read by the unit owners.

• Code of Ethics. CCI-National has developed a Code of Ethics for directors. This Code is based by and large on a Code of Ethics that was developed

by Mr. Bob Gardiner, a partner in the law firm Gardiner, Miller, Arnold LLP, and Past President of the Toronto Chapter of CCI. This Code of Ethics sets out the standards to which board members will be expected to adhere to during their term of office. It discusses such things as regularly attending board meetings, actively participating

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in the board, refraining from discussing corporate business outside of the boardroom, and treating other board members with civility and respect.

Corporations might be well advised to adopt this Code of Ethics, publicize it in advance of elections and, prior to an election taking place, request that the individual nominees agree in advance of their election to abide by the Code should they be elected. That agreement should be noted in the minutes for the owner’s meeting. (Note: some condominiums the author works with have actually incorporated the CCI Code of Ethics for Directors into their by-laws to ensure that future “rogue” board members will have some accountability to the owners).

• And finally. When the president makes his or her report at the annual general meeting, he or she should make a point of thanking specific directors for their work on the board in the past

year, especially those involved in unique projects, (likewise, someone should thank the President). Retiring directors should be thanked for their dedication to the corporation and their work on the board. Consider giving a small gift or plaque to retiring directors to show your appreciation. Letting people know publicly how much they are appreciated will encourage other individuals of a like mind to run for the board of directors.

Ron Danks, (B.A.,(Hons) LL.B. , ACCI, FCCI) is a partner with the Hamilton and Burlington business law firm of Simpson Wigle LLP. Ron has practised in the field of condominium law and administration for 20 years. He is a director and the Past - President of the Golden Horseshoe Chapter of the Canadian Condominium Institute and is a Director and Past- President of the National Board of Directors for CCI. © 2005 Simpson Wigle LLP

How to Publish and Use a

Newsletter to Keep Owners Happy!

BY MILTON W. ZWICKER, B.COMM., LL.B.

W

hat is the secret to happy and satisfied condominium owners? Satisfied owners are the result of well-planned and focused energies directed toward that end. Angry owners, rumours, disputes with directors and quarrelling owners often evolve from poor communication. Anecdotal evidence suggests happy and satisfied owners live in condos where boards work hard to keep owners well informed. A vital factor in the success of many condos is the skill with which their Boards communicate with owners. Effective Boards have, as one of their goals, keeping in constant touch with the owners and responding to their needs and expectations.

Communicate, Communicate, Communicate We often think of condominiums as buildings instead of people. Thus, maintaining a successful condo is about relationships between people — and relationships are based on communica-

tion. A good newsletter can be an important vehicle for communication.

An important reason for having a newsletter is to inform owners about policies, changes in the condo rules and to get feedback from them. A newsletter that does this fulfills a crucial role in internal communications — but that’s only part of what a good newsletter can do. Newsletters help networking within a condo. Owners find out what activities the Board is involved in and what its members are up to.

Newsletters can promote a sense of belonging. By including information, such as stories about important events in owners’ lives, a newsletter can turn some big condos into a family.

Stories about unit owners help them to develop a pride in their corporation and a pride in themselves as its unit owners.

What Makes a Good Newsletter?

For some owners, a newsletter may be the only contact they have with the board and other owners. For some, this

may be the only contact they want. All owners are, however, interested in receiving information as opposed to actively participating in activities and meetings. This will come as no surprise for the small percentage of owners who are the organizers, speakers, writers and publishers of the information owners clamor for.

Information Equals Control Information is a powerful force.

Owners’ anxieties often result from uncertainty about condo living, the inability to obtain information about board decisions and the general feeling they have no control over the place they call home. Thus, you carry a heavy burden — your newsletter, for many eyes, is the Board. Therefore, you must strive to make it a publication owners will want to read.

How can you accomplish this feat?

Publishers and editors who want a firstrate newsletter know they must build it using fresh graphics, good photography and interesting and helpful information.

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You not only want to inform your owners, but you want them to take some action, to do something because of reading your newsletter.

Does you newsletter meet the needs of owners? Want a really quick response from your readers? Include a “feedback” form.

Whatever you want to accomplish, spell it out in a short statement of your newsletter’s purpose.

Practical Content A Well-Defined Purpose If you want your newsletter to work, first define its purpose. You may think the purpose is obvious—to communicate with owners. This purpose is not specific enough. You not only want to inform your owners, but you want them to take some action, to do something because of reading your newsletter.

You might want your owners to know how the Reserve Fund study will affect them. They might want to know how changes in condo laws will affect them.

You must continuously ask yourself what owners need and want to know.

Do you need to persuade them or inform them about some matter that will affect them personally such as a special assessment?

Keep in touch with your owners for information that may interest them.

Spend time on the telephone asking owners what they think of your newsletter. Thus, make your writing reader-centered not writer-centered.

Readers will only read what they

want to read, not what you believe they should. The content, in the end, will make or break any newsletter. What is content and why is it important to this discussion on newsletters? Surveys and research show that newsletter readers read in this order: 1. News 2. Features 3. A calendar/events 4. Columns 5. Reprints

What is News?

News means: new information — time dated — relevant to readers — from the readers point of view — hard news, not

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soft news. Soft news means gossip. So I question the value of a “Chair’s Report.” Surveys show that a “President’s Message” and other similar material is not relevant for most readers.

Lively Writing Your readers are important but chances are they don’t want to read technical language. Long sentences, long blocks of type with no sub-headlines to break them up are obstacles to readability.

Newsletters have a style of their own.

Newsletter style has the following characteristics: 1. Limited space means you must jump into the subject immediately.

Newsletter readers want brevity, so they want you to get to the core quickly.

2. This is the age of the sound bite. So make your items short and simple.

What is simple? The rules are: a) No sentence longer than 20 words; b) No paragraph longer than nine lines; c) No story longer than eight paragraphs d) Use strong nouns and verbs; e) Use the active voice; f) Use metaphors sparingly. In Pinckert’s Practical Grammar, the author says: “Metaphors must be used to make writing vivid, but used carefully, so that they are neither dead clichés nor farfetched and strained.” g) Use you. Remember, you are writing a letter to a reader. That’s a singular you and a singular reader.

white space between paragraphs are critical. Long paragraphs make for difficult reading.

Headlines Headlines are the most read part of newsletters. A headline is the bait to lure readers to continue reading. If you had seven days to write a story do what GOD did — spend six days writing the headline.

How to improve your headlines: 1. Use Subject + add a verb — action verbs are best.

2. Put the key words early in the headlines.

3. Motivate readers with “you”, e.g.

Is coffee giving you heartburn?

4. Avoid modifiers.

5. No rules on length.

6. Watch out for unwanted meanings.

7. Keep a file on headlines you read and like.

A Printing Format Although content will maintain your readers over the long haul, you cannot ignore how your newsletter will look.

Will you print or duplicate your newsletter on a photocopier? Offset printing will produce the most professional-looking job but this is not necessary for most condo newsletters.

Get Owner Feedback Want to keep your newsletter from getting stale? If you do, you must know whether your newsletter is doing the job you intend it to do. To do this, ask a random sample of your owners. In addition, distribute a questionnaire with your newsletter, at least annually.

Good Design

Publish Regularly

Layout and design are art forms but you can learn the basics. Don’t ignore the appearance of your newsletter. The front page is the first thing a reader will see. The front page must catch your readers’ attention and lure them inside.

A good-looking nameplate and logo are essential. Good margins and adequate

Set up a schedule and publish regularly. A newsletter published regularly is a better communication tool than one produced sporadically. Since one main function of a condo newsletter is to help owners make judgments about their interest, frequent advice they can rely upon is critical.

Establish a Budget It costs money to produce a newsletter.

This cost will depend upon the quality and frequency of your publication. A Board that is not willing to set up a sufficient budget allowance should stay out of the newsletter business.

Launching a newsletter needn’t bust your budget. Now, you can purchase inexpensive software with newsletter templates or use the column layout feature of your word processor.

You don’t need to incur the expense of printing. You can reproduce copies from one laser-quality master at a quick-print shop. It’ll save the wear and tear on your own copier. And 200 copies should run less than $25.

Commitment Get a long term commitment from those who will staff and write the newsletter. The idea of a condo’s first newsletter usually evokes much initial enthusiasm. The trick is to sustain the enthusiasm. Unless you hire professional help, volunteers must report, research and write the newsletter. This takes time. If you cannot get a commitment from people in your condo to carry out many tasks, why attempt the job in the first place?

Keep it Simple To avoid being consigned to an unread stack, smart newsletter publishers take a minimalist tack. They limit their publications to one or two 8.5 x 11 inch pages. Two or three-line blurbs are good. No confusing jargon. No longwinded pitches. Just quick, readable bites of advice and information.

Milton W. Zwicker is the author of Successful Client Newsletter: The Complete Guide to Creating Powerful Newsletters.

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Attention CCI Members!

The documents on the following three pages: Code of Ethics for Directors*, Code of Ethics for Owners and Meeting Rules of Conduct were prepared by J. Robert Gardiner with the firm Gardiner Miller Arnold LLP in Toronto.

They may be used as presented – or ideally, be supported by owners in by-law enabling provisions the next time your Corporation wishes to up-grade its by-laws. *the Code of Ethics for Directors was adopted by CCI National in 2003 and is available to download from the CCIN website at www.cci.ca

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DIRECTORS’ CODE OF ETHICS RE: CONDOMINIUM CORPORATION NO.

.

I have consented to act as a Director of the Corporation and I agree to comply with the following Directors’ Code of Ethics throughout my terms as a Director: Honesty and Good Faith – I will act honestly and in good faith. I will do nothing to violate the trust of the unit owners I serve.

Care, Diligence and Skill – I will exercise the degree of care, diligence and skill of a reasonably prudent person in comparable circumstances. I will make a concerted effort to attend all Board and owners’ meetings. I will act responsibly and with due diligence to become familiar with the affairs of the Corporation and to uphold its Declaration, Description Plans, By-Laws, Rules, Resolutions, Policies, Agreements and Requirements of the Condominium Act and other legislation.

Conflict of Interest – I am not currently aware of any actual or potential conflict of interest with respect to any contract, transaction, building deficiency claim, warranty claim, legal action, proceedings or any matter detrimental to the Corporation. If I become aware of any conflict, I will immediately disclose it to the Board. I will not promote my own interests or those of any owner, resident, family member, friend or contractor to the detriment of the Corporation. I will not seek any special benefits or privileges as a Director or Officer or accept any compensation either personally or on behalf of any other person except as permitted by a By-Law. I will act only in the best interests of the Condominium Corporation as a whole and I will not favour the interests of any individual or group of owners or residents.

Confidentiality – I will not disclose to any person (including my spouse) information decided by the Board to be confidential or privileged or which reasonably ought to be deemed confidential. When in doubt, I will request determination by a resolution of the Board.

Good Conduct – At all times, I will conduct myself in a professional and businesslike manner at meetings of Directors or Owners. I will approach all Board issues with an open mind, preparing to make the best decisions on behalf of the Corporation. I will act ethically with integrity and in accordance with legal criteria. I will comply with rules of good conduct and will deal with others in a respectful manner. I will comply with principles of good governance and procedural rules of order.

Support – I will abide by decisions of the majority of the Directors even though I may disagree, but I reserve the right to express my own views to owners upon non-confidential issues.

Defamation – I will not make erroneous or defamatory statements about the Corporation or any owner, resident, director, officer, manager, staff or contractor of the Corporation.

Minimize Conflict – I will attempt to prevent or minimize conflict and disruption and will promote good relations amongst persons involved in our Condominium Community. I will promote a first class image for our Corporation, its units, owners and residents.

Education – recognizing that governance of a Condominium Corporation involves complex and changing requirements, I will continue to educate myself by reading relevant magazines (such as CCI’s CondoVoice, CM Magazine or Condominium Business Magazine). I will support attendance by one or more Board members at any condominium seminars presented by the Canadian Condominium Institute (CCI), including CCI’s Basic Directors’ Course and CCI Advanced Directors’ Courses at the cost of the Corporation.

Agreement – I hereby agree to comply with the provisions set out in this Directors’ Code of Ethics.

Dated at

this

day of

, 20

WITNESS: SIGNATURE

PRINT NAME OF DIRECTOR

UNIT NO.

[You are free to use this Code of Ethics in its current form; if you alter this document in any form, you must note it is modified from the CCI original document.] If your Condominium uses this code, please let CCI know – e-mail: cci.national@taylorenterprises.com Canadian Condominium Institute / Institut canadien des condominiums 2175 Sheppard Ave. E., Ste. 310, Toronto, ON M2J 1W8 • Web site: www.cci.ca Tel.: (416) 491-6216 • Fax: (416) 491-1670 • E-mail: cci.national@taylorenterprises.com

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CONDOMINIUM OWNERS’ CODE OF ETHICS

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CONDOMINIUM MEETING RULES OF CONDUCT

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Member News

Welcome to the Following New CCI Toronto Members

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Corporate Members

Professional Members

Sponsor (Trade) Members

MTCC #0596 PCC #0003 PSCC #0666 TSCC #1662 TSCC #1670 TSCC #1686 TSCC #1687 TSCC #1690 TSCC #1698 TSCC #1703 TSCC #1710 TSECC #1658 YCC # 0202 YCC #0304 YCC #0371

Andy Atrens Atrens Management Group Inc.

James Cavan James Cavan Management Ltd.

Paul Ferri Remax Commercial Focus Inc.

Peter Ramos Fusion Corp Restoration Services

Adele Read ARC Insurance & Financial Services

Paula Swart Impact Recreation Management

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LouAnne Scott Kente Property Management Ltd. Bruce Tower PCC #0121 Karen Kisiel Elia and Associates Kamal Sharma Channel Property Management Ltd.

Spring 2006

Individual Members N. Iannazzo S. Powell N. Simpson L. Stepaniom P. Tagari

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Member Profile

Mario Deo, B.A., LL.B.

At the December 1st, 2005 Annual General Meeting of the Toronto Chapter of CCI, Mario Deo was elected to serve a three-year term on the Board of Directors. At the subsequent January 19th Board of Directors meeting, Mario was elected by the Board to Chair the Public Relations Committee, which oversees the CondoVoice publication. Mario will also serve this year as a member on the joint CCI/ACMO

Conference Committee Mario practices condominium law and acts for condominium corporations and developers. He became a senior partner of the firm Fine & Deo in 1994.

At the request of the Ontario Ministry of Consumer and Commercial Relations, Mario participated in drafting and recommending improvements to Bill 38 on behalf of the firm.

Mario has lectured at the Canadian Bar Association on Bill 38 and is a frequent lecturer at many professional conferences and seminars, including those sponsored by the Canadian Condominium Institute and the Association of Condominium Mana-

Jonathan Fine Stephen Goodbaum Michael Pascu Maria Dimakas

gers of Ontario. In addition, Mario has written and published many articles on a wide variety of legal issues related to condominium law.

Mario is presently a member of the Association of Condominium Managers’ Ethics Committee which reviews the alleged misconduct of Condominium managers.

Educational Background Summary: B.A., University of Toronto, Political Science and Economics, 1982 LL.B., University of Western Ontario Law School, 1986 Called to the Ontario Bar, 1988

Mario Deo Joseph Ryan Marco Graziani

www.finedeo.com • (905) 760-1800 • 1-888-FINEDEO

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Drop in this Ad

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Member News

Condo Voice – Spring 2006 Annual General Meeting The 2005 Annual General Meeting of the CCI Toronto and Area Chapter was held on Thursday, December 1st at the Novotel North York Hotel. The meeting, which was followed by a Wine and Cheese Reception for members, was well attended and offered many networking opportunities for those who attended.

Janice Pynn, RCM, ACCI, FCCI presents the President’s Report at the 2005 CCI-T Annual General Meeting.

Elections held that evening saw the election of one new director, Mario Deo from the law firm Fine & Deo. (see member profile page 35). A fond farewell was given to outgoing director, Denise Lash who plans to maintain her connection with CCI-T through involvement on various Committees.

Her main focus in the coming year however, will be on developing the MondoCondo television show and trade show.

Reports from the President and various Committee Chairs were presented providing highlights on CCI-T’s

activities over the past year. In her report, President, Janice Pynn reported that CCI Toronto had been working on a number of special project initiatives on behalf of the entire industry over the past year. The first initiative involves a challenge to the Ontario Energy Board over the current practice of Hydro companies charging security deposits equal to approximately 2 months average cost of hydro. (For an update on this initative, see the President’s Message on page 5).

The second initiative involves an appeal to MPAC over assessments on Superintendent or Guest Suites, which have been ‘unitized’ thus becoming a tax expense to the Corporation. Again, this initiative is ongoing with a resolution hoped for soon.

The evening also served as a forum for the annual awards ceremony. The ‘Condominium Newsletter of the Year Award’ was presented to the Directors of Swan Lake, by Public Relations Committee Co-Chair, Denise Lash (for full write up and photos – see page 38).

Awards for the Ambassador Program were also handed out – to

Vickie Vancas (Simerra Property Management) receives a Silver Pin and leather CCI briefcase as a Silver Level Ambassador for CCI’s membership recruitment program.

4 bronze level recipients: John Battistella of Wilson Blanchard Management; Bonnie Miethig of Simerra Property Management; and Mary Weber of Danridge Property Management. A Silver level award was presented to Vickie Vancas of Simerra Property Management.

CCI-Toronto members network and mingle at the Wine and Cheese Reception following the AGM on December 1st, 2005.

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Member News

Newsletter of the Year Award Congratulations go out to the Directors and Residents of Swan Lake for winning the 3rd Annual Condominium Newsletter of the Year Award from CCI-Toronto.

The publication, Lakeview, was selected as this year’s winner by the CCI-T Public Relations Committee.

Residents from Swan Lake were on hand at the CCI-T Annual General Meeting and Wine & Cheese Reception on December 1st at the Novotel Hotel North York to receive their award – presented by CCI-T Vice President and Public Relations Committee co-Chair, Denise Lash. In presenting the award, Denise noted that Lakeview was chosen from dozens of entries and she thanked all those who had submitted their corporation’s newsletters for consideration.

CCI-T Vice President and Public Relations CoChair, Denise Lash, holds up copies of the Award Winning ‘Lakeviews’at the CCI Toronto Chapter AGM.

which allows readers to get to meet other residents and members of the local community, good coverage of local events both at Swan Lake and surrounding area which keeps residents well informed of on-goings with different social events (“Club News”), slogans to ‘Make you Smile’ was a fun feature and the ‘In Memorium’ section was a nice tribute.

To enter your corporation’s newsletter in this year’s contest, submit copies with a covering letter including contact information to: CCI-Toronto Condominium Newsletter of the Year Award, 2175 Sheppard Ave. Swan Lake residents receive their award at the December 1st, East, Suite #310, Toronto, 2006 CCI-Toronto AGM/Wine and Cheese Reception. L to R: Margery Brown, Gary Pennington, Sharon McFarquhar, Lloyd Ont. M2J 1W8. Deadline Schneider, Sherrill Pennington, Mary Egli, Denise Lash, Audrey date for submissions is Buckeridge, Vida Bridgeman, Phyllis and Gerry Griffiths Monday October 2, 2006.

Lakeview had been selected as the overall winner based upon the following attributes: a nice clean appearance, easy to read, large print & well spaced, lots of community participation – very friendly and welcoming, inclusion of child participation (fantastic idea to include younger residents), personal residents stories, profiles sections – 38

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The winning corporation will be presented with an award plaque at the 2006 Annual General Meeting, will have their name posted on the CCI-T website and in the Spring 2007 CondoVoice and will also receive a complimentary registration for three directors at a future CCI-T seminar.

Managed Quality 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.

• 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

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 decision-making processes.

CCI- Toronto is already encouraged by the results of the first two years of the program – over 118 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 cci.toronto@taylorenterprises.com

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10TH ANNUAL CCI-T/ACMO CONDOMINIUM CONFERENCE November 3rd & 4th, 2006 Doubletree International Plaza Hotel 655 Dixon Road, Toronto ON Mark your calendars now for this exciting annual Conference and Trade Show that promises an enlightening array of educational sessions and outstanding networking opportunities.

Suppliers and Trades will be exhibiting on November 3rd and 4th. Be sure to visit the Trade Fair arena to establish new contacts and view new products and services.

Delegate Registration for the Conference begins late June 2006 – watch for further details coming soon!

Visit the Condominium Conference website for further information on Exhibit and Sponsorship Opportunities!

Exhibit booth space is available to CCI or ACMO members only and has been sold out early for the past two years – so don’t delay!

Book early for preferred booth locations. (www.condoconference.ca)

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Gardiner Miller Arnold LLP Barristers and Solicitors

GMA - The Condolawyers™ A panel of twelve recognized experts in condominium alternate dispute resolution providing: Mediation â– Arbitration â– Neutral Case Evaluation â– Chairing of Meetings â– Conciliation/Assisted Negotiation â–

Ready for Court? Or would you prefer to resolve the dispute in far less time, at much less expense, and with a great deal less aggravation?

(Winning Condominium Law Solutions) We led the battle for improvements to the new Act and Regulations Our standard of excellence focuses on practical legal solutions for Condominium Boards J. Robert Gardiner Mark H. Arnold Gerald T. Miller Christopher Jaglowitz

Call the CDRC Suite 604, 141 Roehampton Avenue, Toronto, Ont. Telephone: 416-932-9510; Fax: 416-932-9769 E-mail: alan.rosenberg@sympatico.ca Alan Rosenberg, Executive Director

1202 - 390 Bay Street, Toronto, Ontario M5H 2Y2 Tel: (416) 363-2614 Fax (416) 363-8451 www.gmalaw.ca

"3& :06 ("3#"(& -&7: 3&"%: 5FM 'BY &NBJM KBTPO!XBTUFTPMVUJPOT DB XXX XBTUFTPMVUJPOT DB 4&37*$*/( "-- 0/5"3*0

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™

“Condo 101” Course Back by popular demand, CCI Toronto is pleased to, once again, offer the new Condo 101 course! The first offering of this course ran on Saturday January 21st and was exceptionally well attended and well received. Due to this success and interest, the Education Committee has planned two additional course dates for 2006 – Saturday, June 10th and Saturday, September 16th.

This 1/2 day course is the latest educational tool CCI Toronto has been developed to prepare Directors for their new role and responsibilities. The session is designed to provide a quick focus on all of the topics that every Director should be aware of.

The course will provide participants with a basic knowledge of the Condominium Act, 1998 and their obligations under this legislation. It also serves as an excellent introduction to the more detailed six night Basic Condominium Course offered by CCI-T.

The course will be presented by a panel of Condominium Experts including an Engineer, an Accountant, a Property Manager, and a Lawyer.

The course is also useful for those interested in purchasing a condominium or who want to know what a condominium is and what it means to live in one.

Specific topics to be covered will focus on the following five broad areas: Insurance –

Legal – ■ ■ ■ ■ ■

What is a Condominium The Declaration, By-laws and Rules Status Certificates Compliance Remedies Code of Ethics for Board of Directors

■ ■ ■

Insurance Requirements Standard Unit By-laws Unit and Corporation Deductibles

Management – ■ ■

■ ■

Accounting –

What is the Role of the Manager What to look for when hiring a Manager The Management Contract Meetings

■ ■ ■

Budgets Financial Statements Auditors

Engineering – ■ ■ ■

Reserve Fund Studies Form 15 Repair and Maintenance of the Common Elements

F o r m o r e i n f o r m at i o n o r t o r e g i s t e r, v i s i t u s o n l i n e at : w w w. c c i t o r o n t o . o r g 42

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Book Review

The Condominium Act – A User’s Manual Second Edition The Condominium Act – A User’s Manual helped to ease the transition to the Condominium Act, 1998 for many directors and professionals. Now, readers can find all the latest developments plus updated cases, commentary and checklists in The Condominium Act – A User’s Manual, Second Edition.

Well known condominium authority, Audrey Loeb has provided updates on all of these issues with The Condominium Act – A User’s Manual, Second Edition. Its sheer accessibility will enable readers to easily respond to arrears collection issues, status certificates and reserve fund studies at contentious owners’ meetings, advise the

board as to their duties and handle disclosure documentation for new or resale condominium units.

With The Condominium Act – A User’s Manual, Second Edition, readers will benefit from: • Fully annotated text of both the Condominium Act, 1998 and the Ontario Home Warranties Plan Act (now run by Tarion) with fully updated case law.

• Exclusive insights into issues ranging from reducing the risk of director’s liability, conducting reserve fund studies to authorized investments for available funds.

• Over 40 how to do and what you need to know checklists to bring together all the sections in the Act on the checklist topics, board of directors, officers, notice requirements, the human rights code, records, voting percentages, investing corporation funds, calling and holding of meetings, proxies, making by-laws and rules, legal remedies, offences and other tasks.

• The expertise of the author, who was directly involved in the consultation process with the government in the drafting of the new Act as well as having been counsel to the Ontario government in administering the former Act. • All the latest court decisions plus every court decision made in Ontario on provisions carried over from the previous Act. This publication may be ordered directly from the publisher, Carswell – ask about their 30-day risk free promotion (1-800-387-5164). The book is also available from the CCI “Bookstore” – place your order online at www.ccitoronto.org.

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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

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

SUMMA PROPERTY MANAGEMENT PROFESSIONAL PROPERTY MANAGEMENT & CONSULTING "Your condominium deserves personal attention and service."

Over 21 years experience in Property Management!

Ryan B. Stone, CPM President

416.487.5095 (Ext. 1) 416.728.2429 (Cell) propman@summapm.com www.summapm.com

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List of Advertisers ACMO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Adams Masin Tilley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 A.R. Consulting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Atrens Management Group Inc. . . . . . . . . . . . . . . . . . . . . . . . 9 Bonita Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Brookfield Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Brown & Beattie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 CCF Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Canlight Hall Management . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Certified Clean Air Services . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Chubb Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Cochrane Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Condominium Dispute Resolution Centre Inc. . . . . . . . . . . . . 41 Con-Serve Group Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Construction Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 CPL Design Interiors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 David Alexandor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Davroc & Associates Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Enerplan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Essential Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Fine and Deo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Firenza Plumbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 First Condo Group Limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Forest Contractors Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Gardiner Miller Arnold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 G4S Security Services (Canada) Ltd. . . . . . . . . . . . . . . . . . . . 40 Gerald R. Genge Building Consultants Inc. . . . . . . . . . . . . . . 30 GSA Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Harris Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Horlick Levitt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 ICC Property Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . 8 Impact Recreation Management, Inc. . . . . . . . . . . . . . . . . . . . 12 JCO & Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Les Consultants Ingenium (Condo Manager Software) . . . . . 45 Maclaren, Corlett LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Maxium Financial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 M & E Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Miller Thomson LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Morrison Hershfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Nexus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Ontario Screen Systems Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Ontario Playgrounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Percel Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Pro House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Provident Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 RBC Dominion Securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Rogers Cablesystems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Ronco Roofing & Sheet Metal . . . . . . . . . . . . . . . . . . . . . . . . 17 Samuel Property Management . . . . . . . . . . . . . . . . . . . . . . . . 45 S.R. Wise Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Summa Property Management . . . . . . . . . . . . . . . . . . . . . . . . 44 Suncorp Valuations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Stratacon Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 TPMG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Vero Property Management . . . . . . . . . . . . . . . . . . . . . . . . . 24 Waste Solutions Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Wilson Blanchard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

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ATTENTION Advertisers and Writers!

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

WRITING FOR “TheCondoVoice” As a member, are you interested in writing for “TheCondoVoice”? 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 “TheCondoVoice”.

Limited to CCI members only, professionals and trades can supply copies of their flyers and brochures for insertion in an issue. A fee of $600 plus GST will apply.

Condominium Energ y Experts Proudly celebrating our 20th year serving the GTA. • Energy Management Systems • CO Control Systems • Variable Frequency Drives • Snow Melting Control • Lighting • Water • Boilers • Submetering • Billing and Collections • Monitoring Centre and much more...

Call today and ask about our free energy audit!

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

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

Newsletter Directors: Mario Deo & Gina Cody Editor: Ruth Max 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 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.

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thecondovoice

Spring 2006

Your residents deserve the best THERE'S MORE VALUE IN A HOME EQUIPPED WITH ROGERS DIGITAL CABLE, ROGERS™ YAHOO!® HI-SPEED INTERNET AND ROGERS HOME PHONE. Only Rogers offers Personal TV™, the most flexible, responsive and customizable TV experience your residents can get- with services like Rogers On Demand, Timeshifting and a 7-day Interactive Program guide so they can watch what they want, when they want. And the choice doesn't end there. With Rogers Yahoo! Hi-Speed Internet, your residents have 4 connection speeds to choose from, so they can pick the one that's right for them! And now, Rogers gives your residents an alternative to their current telephone service with the introduction of Rogers Home Phone through their cable line!

It's an exciting time to be with Rogers!

To find out more call 1 866 567-5778 or visit Rogers.com Digital Cable requires Basic Cable and a Digital Terminal. *Service not available in all areas. CRTC linkage rules apply. List available in all areas. ™Personal TV and ™Now, you run the show are trademarks of Rogers Cable Communications Inc. ™Rogers, Rogers Wireless, Rogers Cable, Rogers Home Phone, the Rogers Mobius Design, YOUR WORLD RIGHT NOW, and other Rogers and Yahoo! HI-SPEED INTERNET marks are trademarks and/or registered trademarks of Rogers Communications Inc., used under license.

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