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VOL. 10, NO. 4 • SUMMER 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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Legislative Update
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Individual Metering for Condominiums
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Proposed Condominium Information Network
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Implementation of Waste Reduction Levy for Multi-Unit Residences
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Director/Manager Fraud
Board Confidentiality
… and more PM #40047005
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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
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Contents Features
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Board Confidentiality
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Legislative Update
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Individual Metering for Condominiums is One Step Closer!
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Proposed Condominium Information Network
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Implementation of Waste Reduction Levy for Multi-Unit Residences
2005/2006 Board of Directors PRESIDENT 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
by Brian Horlick The implementation of a code of ethics that codified the directors' duty of confidentiality would serve to maintain highest standards of ethical conduct for all directors of condominium corporations.
by J. Robert Gardiner, B.A., LL.B., ACCI, FCCI Several provincial statutes affecting condominiums are currently in the works, or have recently been enacted.
by Maria Dimakas, B.A., LL.B. The Energy Conservation Responsibility Act 2006 (the ECLA) is designed, among other things, to promote opportunities for energy conservation in condodminiums.
by J. Robert Gardiner, B.A., LL.B., ACCI, FCCI Some information on the possible establishments of a Condominium Information Network (“CIN”)
by Bob Girard, B.Comm, R.C.M. At the present time Condominiums, Apartments and Townhouses of 8 units or more, are recovering just 20% of recyclable items.
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Director/Manager Fraud by Ron Danks and Craig Robson Important suggestions to reduce the chances of fraud as well as the extent of it, if it does occur.
CCI News 5 26 29 33
President’s Message A Thank You to the Members of CCI-Toronto New Members Upcoming Events
EX OFFICIO DIRECTOR Jasmine Martirossian, B.A., M.A., PhD.
ADMINISTRATOR - Lynn Morrovat ADMINISTRATIVE ASSISTANT - Josee Lefebvre
Summer 2006
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President’s Message
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n the President’s Message in the Summer 2005 CondoVoice, I wrote on the importance of membership with the Institute as it allows a stronger voice to be heard when CCI approaches various levels of Government on issues affecting the condominium industry. Specifically, I mentioned three initiatives we were working on at that time; the matter of hydro security deposits being collected from condominium corporations by hydro providers, the development of a Legislative Brief to be presented to the Ministry on what we perceived to be ‘glitches’ in the Condominium Act, 1998, and Waste Levy fees being implemented by the City of Toronto.
Janice Pynn, RCM, ACCI, FCCI At this time I am pleased to announce success in our effort to effect change by lobbying the Ontario Energy Board (OEB) to amend the Distribution System Code, allowing the current practice of hydro security deposits being held for seven years when a new customer has no credit history to be reduced to a period of one year. This change will have a significant positive impact on the cash flow of many condominiums – especially newer corporations. Work on the Legislative Brief continues and it is hoped to present this information to Ministry officials before the end of the year. The implementation of the Waste Levy fees has been delayed by the City until September 2007 however, CCI remains at the discussion table to provide input for the smooth implementation of the fee process. (For further information on this issue – see Bob Girard’s article on page 20). Another initiative also being looked at by CCI, is a tax appeal case on Condominium Guest Suites. We will provide updates on these initiatives as soon as information becomes available. Membership renewals will be sent out on July 1st to all members. You are urged to not only renew your own membership but to visit our website at www.ccitoronto.org to learn more about how you can become a CCI Ambassador to help recruit new members. Be sure also to read Bill Thompson’s article on page 26 – a fabulous overview of how your support of the Institute has allowed us to work harder for the industry as a whole. CCI truly is the Voice of Condominium!
Janice Pynn, RCM, ACCI, FCCI President, CCI Toronto & Area Chapter
Summer 2006
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Board Confidentiality BY BRIAN HORLICK HORLICK LEVITT BARRISTERS & SOLICITORS
As important as the issue of board confidentiality is, there is a distinct lack of legal decisions on this subject in the condominium context.
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owever, the standard of care prescribed by section 134 of the Ontario Business Corporations Act (“OBCA) and section 122(1) of the Canada Business Corporations Act (“CBCA”) serve as a useful comparison with the standard of care set out in section 37(1) of the Condominium Act, 1998 (the “Act”). This is due to similar wording found in both these statutes dealing with business corporations, even though neither the OBCA nor the CBCA apply to condominium corporations. The provision dealing with the obligation of directors and officers to keep information confidential is found in section 37(1) of the Act. Specifically, this section states that “Every director and officer of a corporation in exercising the powers and discharging the duties of office shall, (a) act honestly and in good faith; and (b)
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exercise the care, diligence, and skill that a reasonably prudent person would exercise in comparable circumstances.” The Supreme Court of Canada had reason to canvass the issue of confidentiality in the leading case of People’s Department Stores v. Wise et al. In reviewing section 122 of the CBCA, the court stated that the CBCA established 2 distinct duties to be discharged by directors and officers in managing or supervising the management of the corporation. The first duty, being the duty to act honestly and in good faith, was described as a “duty of loyalty” or a “fiduciary duty”. The second duty, being the duty to exercise appropriate care, diligence, and skill was described as a “duty of care”. It is in the first duty that the obligation of confidentiality was found to exist. The court was of the opinion that directors and officers must respect the trust and confidence that have been given to them, and that
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they must maintain the confidentiality of information they acquire by virtue of their position. Not all information is, of course, confidential. However, directors and officers must keep confidential all matters involving the corporation that have not been disclosed to the general public. In its simplest form, this would include issues relating to specific units or owners, contracts which third party suppliers may be bidding on, and actual or pending litigation or insurance investigations involving the corporation. A good rule of thumb to keep in mind is whether or not the disclosing of the information would be contrary to the corporation’s best interests. It is interesting to note that under section 55(3) of the Act dealing with corporation records, although the corporation is required to permit an owner, purchaser or mortgagee or their agent to examine the records of the corporation, this requirement is subject to the exceptions of confidentiality relating to those records set out in section 55(4) dealing with employees, litigation, insurance investigations and specific units and owners. A serious issue arises with respect to minutes taken at directors meetings. Minutes are records of the meetings and record their essential elements. This includes all of the narratives which are necessary to an understanding of the proceedings and the full text of all resolutions. When confidential information is discussed at a board meeting, this should always be done on an “incamera” or private basis and the information should not be referred to in any way in the regular minutes. Minutes taken under such a circumstance should be kept physically separate and apart from the regular minutes, and stored in a safe and secure area. Directors and officers should be aware that there may be a significant cost to breaching their obligation of confidentiality. Such a breach would be contrary to section 37(1) (a) of the Act, with the result that the director or officer would be unable to rely on the indemnification clause found in section 38(1) (a) and (b) of the Act. This section provides that the by-laws of a cor-
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poration may provide that every director and officer be indemnified by the corporation for any liability and all costs, charges and expenses incurred by the director or officer in respect of the execution of the duties of office. However, section 38(2) goes on to provide that where there has been a breach of the duty to act honestly and in good faith, the indemnification clause will not be available. In addition to this, section 39 of the Act, which obligates the corporation to purchase and maintain insurance for the benefit of directors and officers, makes an exception where there has been a breach of the duty to act honestly and in good faith. The loss of the indemnity provision, coupled with a resulting loss in insurance coverage, may serve to make a breach of the obligation of confidentiality a very expensive one indeed. Under section 56(1) of the Act, a board may pass a by-law governing, among other things, qualifications and resignations of directors. Thought
should be put towards establishing a code of ethics for board members of every corporation. This would include a duty to maintain and not to disclose confidential information, a duty to act honestly and in good faith, and the exercising of care, diligence and skill. Any suspected violation of such a code of ethics would be investigated, and in the event a violation was in fact found, would lead to the automatic disqualification of such director. Of course, one would have to keep in mind that the contents of such a code would, by necessity, be consistent with the Act, the by-laws, and rules of the corporation. In this way, the implementation of a code of ethics that codified the directors’ duty of confidentiality would serve to maintain the highest standards of ethical conduct for all directors of condominium corporations.
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LEGISLATIVE UPDATE BY J. ROBERT GARDINER, B.A., LL.B., ACCI, FCCI
Several provincial statutes affecting condominiums are currently in the works or have recently been enacted... Smoke-Free Ontario Act - Section 9 (2) 3 of the Smoke-Free Ontario Act (previously the Tobacco Control Act, 1994) will provide that no person shall smoke or hold lighted tobacco in any enclosed public place or enclosed workplace, including any common area in a condominium or apartment building, including, without being limited to, elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas. Since balconies, patios and other outdoor areas are not “in” a condominium, persons will be allowed to smoke there. Employers and proprietors (i.e., owners, operators and persons in charge) must notify each worker that smoking is prohibited in an enclosed workplace, post prescribed signs throughout the workplace (including washrooms), prohibit ashtrays and remove smokers from the workplace. Smoking is permitted in private, self-contained living quarters within a multi-unit building or within other specified institutional residential care facilities. Certain areas may be prescribed to be set aside as a permitted smoking area. The maximum daily fine for smoking in a prohibited area is $1,000 for the first offence during any five-year period, and $5,000 for each offence thereafter. Of course, the Smoke-Free Ontario Act also restricts display, sale and smoking of tobaccorelated products in many other types of public areas. Residential Tenancies Act – Bill 109 (Government Bill proposed by Housing Minister, John Gerretsen - Second Reading and placed under review with the 8
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Standing Committee on Government Services as of May 17, 2006). The intent of this Bill is to make the landlord/tenant scheme in Ontario more tenant-friendly. Landlords will now be required to provide information to tenants about their rights and about the Landlord and Tenant Board (formerly the Ontario Rental Housing Tribunal). The board can remedy situations where landlords do not adequately maintain the premises (including an Order blocking a rent increase in some circumstances). Annual rent increases on occupied apartments will be restricted to the rate of inflation. Previously, a complicated formula was applicable. Landlords will be able to continue to rent vacant units at whatever rent a new tenant will be willing to pay. Landlords will be entitled to recoup the cost of capital projects (such as new windows or balconies), but at a restricted recovery rate of 3% per year. Once the landlord has recouped the cost, the rent must be reduced accordingly. Landlords will be entitled to evict
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a tenant only upon proof of non-payment of rent at a hearing. On the other hand, tenants who vandalize their units can be more expeditiously evicted. The Board can require that the Sheriff expedite an eviction order if a tenant is being evicted for trafficking in illegal drugs, or doing some act that impairs a person’s safety. The maximum fine for offences has been increased to $25,000 for individuals and $100,000 for corporations. The Residential Tenancies Act is likely to be amended later this year. Already landlords and tenants are each decrying various proposed revisions. The 3% cap on recapture of capital costs appears to be a significant disincentive for landlords to maintain or repair their premises, giving rise to the potential for run-down condominium units and apartment buildings. Private Security and Investigative Services Act, 2005 - Bill 159 (Government Bill introduced by the Honourable Monty Winter, Minister of Community, Safety and Correctional
Services - Royal Assent on December 15, 2005). A “security guard” is a person who performs work, for remuneration, that consists primarily of guarding or patrolling for the purposes of protecting persons or property. Section 2 (5) refers to examples, such as a person who performs services to prevent the loss of property through theft or sabotage in an industrial, commercial, resident or retail environment. Section 2 (7) allows regulations to exempt any class of persons. The Explanatory Note to Bill 159 stated that it was intended to regulate private investigators, security guards and those who are in the business of selling the services of private investigators and security guards. Section 4 establishes a form of licence to act as a security guard and a form of licence to engage in the business of selling the services of security guards. Section 5 requires a business entity (such as a security company or a condominium which employs a security continued …
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guard) to register as an employer in accordance with the prescribed requirements and must provide the Registrar with a mailing address for service in Ontario. The business entity must notify the Registrar of a change in its mailing address within five days of the change. Section 6 provides that no person may act as a security guard employed by a licenced business entity unless the person holds the appropriate licence
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Conservation Authority Act (Government Bill proposed by the Honourable D. Cansfield, Minister of Energy Royal Assent on March 28, 2006). See the article in this issue pertaining to Bill 21 – the Energy Conservation Responsibility Act, with respect to smart meters. Bill 53 – An Act to revise the City of Toronto Acts and many public acts pertaining to municipal powers. (Govern-
wards, and the size and composition of City Council. The roles of City Council, the Mayor, officers and employees, executive committee and other committees, boards, neighbourhood communities and community councils are re-defined. Provisions pertaining to accountability and transparency, the manner in which City Council conducts its business, procurement and sale policies and appeals are established. Criteria deal with budget-
While some condominiums have raised questions as to whether a concierge falls within the definition of a security guard, they should review the concierge’s job description and actual activities. under the Act. In effect, condominiums which hire security guards as employees will have to register as a business entity and the security guard will have to have his own individual licence. If the corporation contracts for the services of a security guard from a security company, both the security company and the security guard will have to be licenced. While some condominiums have raised questions as to whether a concierge falls within the definition of a security guard, they should review the concierge’s job description and actual activities. One might presume that in many cases, concierges monitor security cameras or have the right to prohibit entry to non-qualified visitors, in order to protect the safety and security of residents and their property. Condominiums having concerns should contact the Ministry of Community Safety and Correctional Services – Private Investigators and Security Guards Branch. The licencing unit is at the 15th floor, 777 Bay Street, Toronto, ON M5G 2C8 Attention: Ms. Rolf, Registrar, or Michael McBain, Acting Director (416-326-0050). Bill 21 – An Act to amend the Energy Conservation Leadership Act, 2006, the Electricity Act, 1998, the Ontario Energy Board Act, 1998 and the
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ment Bill proposed by the Honourable J. Gerretsen, Minister of Municipal Affairs and Housing - First Reading December 14, 2005). This Bill redefines numerous municipal powers, especially those related to highways, transportation, waste management, public utilities, economic development, licenses and land use planning. Administrative penalties would be payable by persons who contravene parking by-laws. The City may not give assistance to a manufacturing business or other industrial commercial enterprise through the granting of bonuses, but the City is authorized to provide other financial incentives to commercial enterprises in specified circumstances. Licensing powers with respect to adult entertainment establishments, tow trucks and airport limousines are amended. The City may pass by-laws governing green roofs. Certain land use powers are amended, including the demolition or conversion of commercial rental properties and zoning requirements respecting height and density. The City may establish one appeal body for local land use planning matters to hear appeals under specified provisions of the Planning Act, with the same powers and duties as the OMB. The City is authorized to change its governance structure, including its
ing and financial administration, capital facilities, borrowing and investing, and the authority to impose fees and charges for services and activities, and for the use of its property. The City is authorized to impose direct taxes by by-law on classes of persons and entities. The City can collect taxes for municipal and school purposes on property assessed under the Assessment Act, with some modifications. A special levy may be imposed in designated areas that benefit from special services or activities provided by the City. Tax increases arising from reassessment of a property are limited. Provisions pertaining to offences and fines are modified. Restrictions apply to inspections of dwelling units, subject to court orders authorizing inspections and search warrants. Liability of members of council and officers, employees and agents is limited in specified circumstances. Criteria applicable to various Commissions are established. The City may pass a bylaw before April 30th of each year, establishing two or three bands of assessment for property for the purpose of facilitating graduated tax rates, and may set the ratios that the tax rates for each band must bear to each other. The Minister of Finance may make regulations bearing the application of that provision to condominium units.
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Bill 56 – Amending the Employment Standards Act, 2000, the Workplace Safety and Insurance Act, 1997, and the Emergency Management Act. (Government Bill proposed by the Honourable M. Kwinter, Minister of Community Safety and Correctional Services - First Reading December 15, 2005). This Bill would allow cabinet to make emergency orders to promote the public good by protecting the health, safety and welfare of Ontario residents in times of declared emergency (subject to the Canadian Charter of Rights and Freedoms). Emergency Orders could be made if believed to be necessary to prevent or reduce serious harm or damage, including travel restrictions, evacuation procedures, establishment of emergency facilities, construction of emergency works, restoration of facilities, procurement of goods, services and resources, fixing of prices, authorization of services by qualified persons
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and collection and dissemination of necessary information. Powers would be delegated to a Minister or the Commissioner of Emergency Management. Emergency Orders may supercede other statutory requirements and are effective for fourteen days during a declared emergency. The rights of the Chief Medical Officer of Health and the provisions of the Occupational Health and Safety Act continue to prevail. A harmed person can apply for judicial review. The Minister or Premier must report to the public on the emergency. The Premier must report to the Assembly within 120 days of termination of the emergency. A person interfering with a person acting under an Emergency Order may face fines of $10 million for corporations, $500,000 for corporate directors and officers, and $100,000 for an individual, with imprisonment for up to one year. No legal proceedings may be taken against government officials acting in accordance with an Order made
under the Act or for any other good faith performance of a duty empowered by the Act, but neither the Crown nor the municipalities are relieved of liability. Acts carried out under an Emergency Order do not entitle an injured person to compensation for expropriation or injurious affection. Employees are entitled to unpaid leave in specified circumstances arising from declared emergencies. Bill 71 – The Heart Defibrillator Use Civil Liability Act, 2006 (Private Member’s Bill proposed by Mr. Crozier - First Reading February 28, 2006). A person who owns or operates premises or uses a defibrillator there upon a victim of a perceived medical emergency in good faith without gross negligence or reckless misconduct is exempt from civil liability for any harm or damage that may occur. The owner or operator of the premises who fails to continued …
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CONDOMINIUM SECTION Maclaren, Corlett LLP is a full service law firm with offices in Toronto and Ottawa; both having significant condominium sections. The condominium section of the firm’s Toronto office is headed up by Armand Conant, and represents many condominium corporations in Toronto and the GTA. We work closely with our clients to find practical, cost effective solutions to problems. For more information please contact: Armand G.R. Conant 186 St. George Street, Main Floor Toronto, Ontario M5R 2N3 Tel: (416) 361-3094 Fax: (416) 361-6261 Email: aconant@macorlaw.com www.maclarencorlett.com
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properly maintain the defibrillator is not exempted from civil liability. Bill 85 – More Time to Appeal Act, 2006 (Government Bill proposed by the Honourable D. Duncan, Minister of Finance - Royal Assent, March 31, 2006). The last day for filing a complaint pertaining to assessment of a property with respect to the 2006 tax year has been extended to June 30, 2006 (a time extension from the normal appeal deadline of March 31 of the same taxation year). Bill 107 – Amends the Human Rights Code (Government Bill proposed by the Honourable M. Bryant, Attorney General - First Reading April 26, 2006). The Bill would revise the administration and functions of the Ontario Human Rights Commission. Applications relating to the infringement of human rights under Part I of the Act are to be made directly to the Human Rights Tribunal of Ontario. The Tribunal’s procedures and
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powers will be revised. Part III of the Act relating to the appointment, administration and functions of the Ontario Human Rights Commission would be repealed and replaced. The Commission’s functions would be revised to emphasize the promotion of respect for human rights in Ontario and the elimination of systemic discriminatory practices. The Commission can initiate applications to the Tribunal with respect to systemic discrimination; an AntiRacism Secretariat and a Disability Rights Secretariat will be established. Special programs may be designated. Previously, persons submitted discrimination complaints to the Commission, which investigated, and either settled, dismissed or referred the complaint to the Tribunal. This role of the Commission would be eliminated. Individuals would apply directly to the Tribunal for their remedy. There would be no limit on the amount of monetary compensation that may be ordered by the Tribunal, including compensation
for injury to dignity, feelings and selfrespect. The Tribunal would be given additional powers to make orders pertaining to an application by the Commission. The Minister may enter agreements to provide legal and other services to the parties to a proceeding before the Tribunal. A court may order monetary compensation for injury to dignity, feelings and self-respect where a finding is made that a human right has been infringed. Mark H. Arnold of Gardiner Miller Arnold LLP has been appointed to the Ontario Bar Association’s Task Force examining those proposed amendments. J. Robert Gardiner, B.A., LL.B., ACCI, FCCI, is senior partner of Gardiner Miller Arnold LLP, practicing condominium law at Toronto. Bob is a director and past President of CCI-Toronto and a member of its Legislative Committee.
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Individual Metering for Condominiums Is One Step Closer! BY MARIA DIMAKAS, B.A., L.L.B., ASSOCIATE, FINE AND DEO, BARRISTERS AND SOLICITORS
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oaring energy costs, which often form the largest expenditure of the budgets of condominium corporations, have led boards of directors to evaluate energy conservation initiatives. However, provisions in the Condominium Act, 1998 have often prevented condominium corporations from accomplishing such initiatives. The Energy Conservation Responsibility Act, 2006 (the “ECLA”), which received Royal Assent on March 28, 2006, is designed to, among other things, remove the impediments created by the Condominium Act, 1998 to promote opportunities for energy conservation in condominiums. The ECLA legislates two further initiatives proposed by the Ontario Government, which are aimed at establishing a “culture of conservation” to reduce the demand for energy in Ontario. Specifically, the ECLA establishes the legislative framework for conservation leadership and the implementation of a smart metering program, which will facilitate the installation of smart meters in every home and small business in the province. 14
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Although the specific details of how the initiatives will be carried out are left to be determined by the regulations (which were not released with the proclamation of the ECLA), of particular significance for condominium corporations, is that the ECLA will remove the barriers that have otherwise prevented the individual metering of condominium units.
The Smart Metering Initiative The ECLA amends the Electricity Act, 1998 to provide for the mandatory installation of smart meters or smart sub-meters, metering equipment, systems and technologies by local electric-
ity distributors. The regulations to the ECLA will ultimately establish: • the circumstances under which such devices, systems and technologies will be installed; • the types of devices, systems and technologies to be installed; • the property or classes of properties and locations where such devices, systems and technologies will be installed; • the consumers or classes of consumers that will be affected by the installation of such devices, systems and technologies; and • deadlines for installation. In order to facilitate the smart metering
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initiative for condominiums, the provisions of the ECLA will override any provision in the Condominium Act, 1998, any other legislation, as well as, any provision in a registered condominium declaration that would otherwise prevent condominium corporations from using such devices, services and technologies. For instance, the ECLA overrides the requirements for unit owner approval in Section 97 of the Condominium Act, 1998 for changes to the common elements or to services provided by condominium corporations. The greatest impact that the ECLA will have on condominium corporations (and their budgets) is the legislation’s provisions regarding the responsibility for the cost of electricity consumption. Currently, most condominium corporations are bulk metered and their declarations require corporations to provide electricity to the individual units and to charge the cost to the corporation’s general fund. Obviously, the current situation does little to promote energy conservation. For instance, let’s say one unit owner consumes more electricity than another unit owner; the unit owner with greater consumption is not required to pay anything extra in common expenses for his or her higher energy use. Nor does the energy conscious unit owner receive a rebate or a reduction in common expenses. In fact, the energy conscious unit owner bears the cost of the unecessary energy consumed by others. The result is that there is no incentive to conserve energy on the part of each individual owner, since no direct benefit is actually received. Any change to a condominium corporation’s declaration that would transfer the responsibility for the cost of electricity to the individual unit owner would, if not for the ECLA, require the written consent of at least 80% of the owners of all the units, which, for most condominium corporations is an impossible task to achieve. By overriding the provisions of the Condominium Act, 1998, the ECLA shifts the responsibility for the cost of electricity from the condominium corporation directly to the unit owner with-
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out the need to comply with the unit owner approval requirements of the Condominium Act, 1998. Condominium corporations will continue to be responsible for the cost of electricity to the common elements and any unit(s) they own. However, by shifting the cost, unit owners will now have an incentive to conserve energy. When people understand that their actions impact their costs, they are more likely to be energy conscious.
In order to carry out the smart metering initiative, the ECLA also amends the Electricity Act, 1998 to create a “Smart Metering Entity”, the objects of which will include: • planning, implementing, overseeing, administering and delivering any part of the smart metering initiative as required by regulation or by a directive from the Minister of continued …
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Energy to the Ontario Energy Board (the “OEB”); • collecting information and data relating to the consumption of electricity; • establishing, owning or leasing and operating databases to facilitate collecting, storing and retrieving smart metering data;
The Smart Metering Entity will also have the authority to establish the cost of the devices, systems and technologies, which will then be passed on to the individual consumer in the form of higher rates.
• engaging in competitive procurement activities necessary to fulfil its objects; • procuring meters, metering equipment and technologies and associated technologies and systems on behalf of electricity distributors; and • fixing the costs for its activities by charging rates approved by the OEB. The Smart Metering Entity will also have the authority to establish the cost of the devices, systems and technologies, which will then be passed on to the individual consumer in the form of higher rates.
Conservation Leadership Initiative In order to promote conservation leadership in Ontario, the ECLA authorizes the Lieutenant Governor in Council to require “public agencies”, including a ministry of the Government of Ontario, municipalities and entities that will be prescribed by regulation, to carry out conservation measures. The conservation measures contemplated by the ECLA would require “public agencies” to: • develop periodic energy conservation plans to address energy-consuming technologies and operations, annual energy usage, current and proposed conservation activities, and achievements in energy conservation; • achieve energy conservation targets prescribed by regulation; and • consider energy conservation and energy efficiency when making
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capital investments or acquiring goods and services. The ECLA also promotes conservation in the private sector by permitting the use of goods, services and technologies (to be designated by the regulations) that would allow for energy conservation, but which are otherwise currently restricted. In order to ensure compliance with the conservation measures created by the ECLA, the Ministry of Energy is authorized to designate enforcement
officers who would be permitted to issue compliance orders where a person does not comply with the statutory requirements.
Further Considerations
The regulations to the ECLA will, once passed, clarify the specific details of the smart metering initiative, and, in turn, determine the practical impact of the legislation on condominium corporations. In order for the smart metering initiative to be effective in all condominiums, the regulations to the ECLA must address several practical issues, including how smart meters will be implemented in buildings that were not designed for individual metering, if at all, the significant costs to install smart meters in such buildings, and alternative solutions.
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Proposed Condominium
Information Network BY J. ROBERT GARDINER, B.A., LL.B., ACCI, FCCI
n Ontario government official has contacted the writer to discuss a concept that is currently floating about the Ontario government pertaining to the establishment of a Condominium Information Network (“CIN”). The Condominium Information Network would be intended to address the requirements set out in s. 5 (4) of the Condominium Act, 1998 (the “Act”) which provides that subject to regulations made under the Act, the Corporations Information Act applies to a condominium corporation. Specifically, s. 177 (2) 7 and 10 of the Act allows the Minister to govern the circumstances, forms and the manner in which the Corporations Information Act is to apply to condominiums, including the time at which that Act is to apply. Section 77 of the Act also provides that on the request of any person, the corporation shall, without fee, provide the names and address for service of the directors and officers of the corporation, the person responsible for the management of the property and the person to whom the corporation has
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delegated the responsibility for providing status certificates. While corporations must comply with s. 77 for free, in effect, that information is usually only requested in connection with the need of a purchaser or mortgagee to obtain a status certificate in accordance with the criteria detailed in s. 76 of the Act, Regulation contained in s. 48/01 and Form 13 at a cost of $100. Initial government efforts to require condominiums to file an annual Condo Info Notice, according to the notice criteria applicable to a business corporation, stalled. Although condominium units make up approximately 1/3 of all real property sold each year, the Ministry of Government Services does not have a meaningful overall database pertaining to the condo sector of its responsibilities. Ontario government commitments to focus future residential development by intensification of existing urban areas, rather than permitting further urban sprawl into greenbelt areas predicts a future of many more condominium high-rise buildings. At the present time, nobody has an accurate overall picture as to what condominiums exist, where they are, what they consist of or how to effectively
contact responsible persons, since it is costly and ineffective to review land titles records. The CIN is proposed to be a webbased, inter-active, computer communications network which would be set up and run by the Ontario government, presumably somewhat along the lines of the system for filing business corporation information notices pursuant to the Corporations Information Act and Regulations. CCI-Toronto’s Legislative Committee and board of directors have reviewed the CIN concept and have submitted a number of recommendations. In general, the CIN may be expected to take into account the following criteria. At this initial stage, CCI-Toronto believes that such an internet website should be government-operated, free of filing fees and access fees. Either interactive internet filings should be completed or hardcopy paper forms should be permitted to be used for filing purposes. We have recommended that condominiums should only need to file once annually, despite the fact that volunteer directors and property managers
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often are elected, appointed, removed or resign (in the case of a business corporation, the comparable business information notice must be re-filed in each such case). However, the Condo Info Notice should be re-filed each time the corporation’s address for service changes. We recommend that the form of Notice of Change of Address currently registered in the Land Titles Office should thereupon be discontinued, so that there would only be one central registry applicable to all notice criteria, in order to avoid a bureaucratic paper load, additional effort and cost. Only an authorized person should be entitled to complete the Condo Info Notice - such as the condominium’s lawyer, manager, president or auditor. Normally, this function is performed by a business corporation’s lawyer. Penalties for failure to file should not exceed $100 - $200. CCI-Toronto has requested that
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only necessary, minimal information about the condominium should be required. Such information would consist of the date of registration of the declaration, the condo’s legal name (i.e., MTCC 2000 - as a non-existent example), the condo’s trade name (i.e., “The Excelsior”), its municipal address (including the suite number of any onsite property management office) and its address for service. The Condo Info Notice should also indicate the number of dwelling or business units, the number of buildings and whether they are high rise (HR) or townhouse (TH). The designated zoning uses as residential, retail, commercial, industrial or other might be indicated. The Condo Info Notice would also provide the name of the management company, its municipal and e-mail addresses, phone and fax numbers (but we have recommended that individual property manager’s names should be
Jonathan Fine Stephen Goodbaum Michael Pascu Maria Dimakas
excluded). We also acknowledge that the name of the President should be provided, but the names of other individual directors and their personal residential addresses should be excluded, since the industry standard has become to use the corporation’s manager’s address or else its address for service, in order to avoid requiring volunteer directors to put up with constant questions and harassment from owners. We expect that other CCI Ontario Branches and ACMO will also contribute input to CIN. We will be more than pleased to receive any suggestions from our members. J. Robert Gardiner, B.A., LL.B., ACCI, FCCI, is senior partner of Gardiner Miller Arnold LLP, practicing condominium law at Toronto.
Mario Deo Joseph Ryan Marco Graziani
www.finedeo.com • (905) 760-1800 • 1-888-FINEDEO
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Implementation of
Waste Reduction Levy for Multi-Unit Residences for Target Date September 2007
BY BOB GIRARD, B.COMM, R.C.M. TREASURER/SECRETARY, CCI TORONTO CHAIR, SPECIAL PROJECTS
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FACT: At the present time, Condominiums, Apartments and Townhouses of 8 units or more are recovering just 20% of recyclable items. Over 100,000 tonnes of these recyclable items are shipped to Michigan each year from multi-unit buildings. The purpose of the Mutli-Unit Waste reduction Levy was initiated to provide a financial disincentive for garbage generation in order to encourage maximum usage of free recycling services provided by the City. Under the Levy, each building will be given a fixed amount of free waste volume per week based on the amount of waste the building should produce if it were to recover 60% of the recyclable items. According to Doug King of The Metro Group of Companies, the measure allowable before any levy is served. is: • 0.046 Cubic Yards per unit per week of compacted waste or • 0.10 Cubic Yards per unit per week of non-compacted waste or • a combination of both as many buildings have both Bulk items, such as mattresses or couches, will not be part of the volume base. If a building stays within the free waste limit there is no Levy. Should that volume be exceeded, an escalating Levy is paid on the excess waste. For compacted waste, the formula starts at a basic $6.30 per cubic yard doubling & tripling in increments of 3 cubic yards and for non-compacted waste, the fee above the allowable limit starts at $2.76 following the same formula of doubling and tripling. The cost of collection and disposal of waste over the threshold will be recovered through the escalating Levy applied to penalize poor recyclers and invoiced to the building Corporation/Owner on a quarterly basis.
All garbage trucks will have a GPS System and each waste bin will have a transponder. A field survey was carried out to ascertain thresholds and establish a database; city staff says there will be a re-evaluation process for reclassification of the initial threshold. Each Corporation must submit a comprehensive recycling improvement plan to the General Manager of Solid Waste Management Services. Paramount to achieving the aggressive threshold is a reassessment of the use of recyclable packaging allowed and a means of disposing of renovation residue. There will be an annual resetting of targets based on audits by the city, the results of which will reduce or increase the allowable limit remains to be seen. Those buildings not achieving their recycling targets will be reviewed on an individual basis for suggestions to improve their plan. Should non-compliance continue without improvement in the recycling program, cancellation of public service collection would be a possibility? According to Renée Dello, Toronto Waste Management Services, the city is also investigating a green-bin type of program for multi-unit dwellings. By weight, approximately 30% of the waste stream is organic material and the city is currently examining ways to collect organics from multi-residential dwellings. As to future increases to the threshold up to 80%, producer responsibilities (packagers) will be essential as well as expansion of the recycling program and materials recovered.
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Director/Manager
Fraud
BY RON DANKS & CRAIG ROBSON
es it does happen. A few years ago, it was discovered that a condominium board member might have been misappropriating a significant amount of condominium funds. This board member is a very dominating personality and appears to have pretty much run the condominium in question for a number of years. Some of the actions she has been accused of are:
Y
1. use of condominium funds to effect repairs and improvements to her unit, although the condominium declaration allocates this responsibility to the unit owners; 2. engaging others to submit false invoices to the condominium, paying the invoices with condominium funds and then removing the funds from her accomplice’s bank account with a debit card. 3. not collecting her own condominium fees and when questioned about this by the auditor paying the common expenses with condominium funds. 22
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In this case there were very infrequent board meetings. It appears that board members were reluctant to challenge the dominating board member. No one on the board was checking to see whether money was going to pay legitimate invoices. Neither did anyone question the monies being spent on the director’s unit. In short, no one was watching what was happening. The condominium is now suffering the losses this has caused although expensive litigation is continuing. It is expected criminal charges will be laid. The problems were uncovered when a new board member was elected and started to become suspicious when she was told there was no need to hold regular board meetings and had difficulty in getting access to the condominium records. Eventually this persistent board member was able to uncover the problems and it became clear that there was a misappropriation of funds. The condominium was unable to obtain all the records of the condominium on account of water damage and a sewer back up in the defaulting director’s unit that just happened to damage many of the records. Eyebrows have been raised on that issue as well.
In another case a board member was skimming money off the laundry room income. He kept “forgetting” to give the deposit receipts to the on-site secretary. Someone finally looked into it and he eventually admitted that he had taken approximately $7500. (in quarters!). Another director/treasurer put reserve moneys into a term deposit at his own bank because it was offering the best rates at the time. By mistake the account was made out in his own name. He kept meaning to fix it but never did. He was a gambler, suffered significant losses and the bank called his loans. In the process the bank seized the term deposit. He eventually paid the money back. Another director in a self-managed 25unit site had assumed responsibility for
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the financial affairs of the condominium, (because no one else was interested). This condominium hadn’t issued financial statements to the owners for years. Over a number of years this director stole corporate funds by forg-
It appears that board members were reluctant to challenge the dominating board member. ing a second signature on condominium cheques. Eventually he was caught but the money was never recovered. This cost each unit owner a $1,000.00 special assessment. In a final example, a cooperative had a “pay as you go” laundry room. As part of their co-op obligations, members had to volunteer time to the co-op. One woman volunteered to count and roll the loonies from the laundry room. She didn’t collect the money but was given a small, unsupervised office when working. In time the property manager noticed receipts were down by about $50.00 a week. Ultimately it was discovered that the volunteer had been concealing a couple of rolls of loonies into her clothes every time she did the count.
tion. There may not be any but there is no harm in asking. Look into the possibility of getting a fidelity bond and have that bond set at an amount equivalent to one month’s common element fees plus the balance in the reserve fund. 3. Do not accept anything dealing with the condominium money at face value. You cannot be constantly questioning and cross examining your fellow board members and property manager but you should be aware of the possibility of fraud. 4. Ensure you have a good auditor that has condominium audit experience. Do not choose your auditor solely on the basis of being the lowest bidder. “You get what you pay for” is still a true statement. 5. Find out what checks your auditor will go through in performing the audit. The standard procedures of your auditor may serve to protect against certain forms of fraud and not against others. Find out where you are vulnerable.
1. Realize it really can happen and that the sums of money that could be at risk are very significant.
6. Does your auditor check with the financial institutions the condominium deals with to verify the investments are in fact in place and in the amounts stated in the condominium records? Ask pointed questions of your auditor about what procedures he or she will follow and also what fraud he or she won’t necessarily uncover. It would be prudent to have any representations made to you by your auditor about this sort of thing reduced to a letter to you. This might serve to offer some protection if in fact the auditor fails to follow the procedures represented to the board. It is very difficult to prove what the auditor said without a back up letter confirming the representations.
2. Discuss with the condominium’s insurer if any insurance coverage is available to offer some protec-
7. Recognize that your auditor is not conducting a forensic audit. He or she, to some extent, is checking to
So what should a board of directors do to protect the condominium from this sort of conduct?
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determine that cheques issued line up with invoices. Your auditor is not necessarily commenting on the validity of the invoice, checking to see the work was done or if the amount paid is the proper compensation for the work done or materials supplied. 8. Ensure that you don’t blindly authorize cheques for invoices unless you are sure the work was necessary, properly authorized and completed and that the invoice is appropriate for the value of the work done. 9. If you see an invoice from someone you don’t recognize, or for work which may not have been board authorized, make enquiries before you authorize payment. 10. Be cautious in dealing with relatives and friends of board members or the property manager for work
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and materials on account of the condominium. This is not to say it is inappropriate. It is just suggested as being something to keep an eye one. 11. Find out what insurance coverage your property manager has to protect the condominium in case of employee fraud at the property manager’s office. For example an employee of your property manager could forge signatures on condominium cheques and empty the condominium bank account or reserve funds. This is not a common occurrence but there may be insurance coverage available to your property manager to protect against this. If there is, the property manager should provide proof of such coverage with limits that offer reasonable protection. 12. Ensure that two signatures are required on cheques over a certain
limit. There is nothing wrong with having a property manager being able to sign cheques on behalf of the condominium but there should be another signature required, being that of a board member, if the amount of the cheque is over a certain amount. Many condominiums allow their property manager to sign cheques alone if the amount is less than $500.00. This permits the property manager to deal with day-to-day expenses without having to wait for a board meeting to get cheques signed. If only board members sign cheques, there should be two board member signatures required. Regardless of who is allowed to sign cheques the Board should review monthly bank reconciliations, financial statements, lists of issued cheques. Simply because signing authority is regulated or
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limited does not prevent someone from forging signatures. 13. Make sure you are routinely getting financial statements and query anything in those statements that you do not understand or which seems unusual. 14. Ensure you are dealing with a competent property management firm with a good reputation. (see above re getting what you pay for). 15. Be cautious with Internet banking. Someone who gains access to the bank accounts of the condominium via Internet access could cause havoc. If the corporation is going to use Internet banking, consider checks and balances whereby a close eye is kept on the accounts. Discussions should be had with the
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financial institution about how to minimize the chances of unauthorized access to the accounts. Careful consideration must be given as to who can actually manipulate the accounts via Internet. It may be possible to allow all board members to view the accounts so they can “keep an eye on things� but limit who can actually transfer funds and pay bills. 16. The Board must be familiar with the provisions of the Condominium Act, 1998, as well as the declaration and bylaws of the condominium that address the financial obligations of the condominium and regulate its financial matters. Provisions in the bylaws that regulate signing authority of cheques and other financial instruments
should be complied with or amended if inappropriate. They should not be ignored. None of the foregoing guarantees that you will not suffer fraud. However, they will reduce the chances of fraud and perhaps the extent of it when it does happen.
Reprinted with permission from the Spring 2006 issue of the GHC Condo News
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™
A Thank You to the Members of CCI-Toronto BY BILL THOMPSON, RCM, ACCI MALVERN CONDOMINIUM MANAGEMENT Many years ago, in 1982 to be precise, a concept was created. That concept was that Condominiums, their owners, and the infantile industry of the time needed to be organised. The industry needed to be represented. The industry needed to be standardized. The industry needed to be educated. That concept was called The Canadian Condominium Institute (CCI). The first members had a belief in the need of such a force in the industry, and made a dedicated commitment to make that vision a reality. An organization was formed and the structure was arranged. CCI would be represented by a National Board whose members would be representative of all of the Chapters across the country. Each chapter could benefit from the knowledge and experience of each of the other chapters. The local legislation of each chapter could then become part of the common knowledge of all other chapters, and help to form a stronger, better educated condominium industry. National issues could be approached as a joint effort from condominiums across this whole vast country. Part of the membership fees would be used to help new Chapters form and join. Let us skip to today, twenty-four 26
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years later. CCI has fifteen chapters across the country still supported by member’s beliefs and commitment to the vision. One of those chapters is CCI Toronto and Area Chapter. This publication, TheCondoVoice, is produced and distributed by the Toronto chapter. If you are receiving this publication, then you are directly affected by the issues in this territory. The Toronto and Area Chapter (CCI-Toronto) now represents more than 90,000 condominium units, and about 800 members! Imagine the strength that is created from such a force. Imagine the clout that can be created to help sway local lawmakers and help to form the condominium industry. Imagine the strength of the collective vision! CCI-Toronto’s members elect a volunteer Board of Directors, whose role is to oversee and direct that massive collective vision. The Board is elected in accordance with the rules of CCI and therefore is also representative of the various interests of the condominium industry. During the past year, that elected Board has directed the funds and efforts of the membership to many hundreds of activities in order to follow that collective vision. Listed below is just a small sampling of those
activities. For more detailed information on any of the activities, please go to the website “www.ccitoronto.org”.
Representation During the past twelve months or so, CCI-Toronto has represented the Condominium industry in many areas before local government and lawmakers. A couple of examples include the concerted lobbying effort to change how electrical distribution companies view the credit risk associated with Condominiums. The Ontario Energy Board has decided to change the risk rating to allow for Hydro deposits to be released after twelve months of timely bill payment. The old standard was seven years! For many condominiums, that could easily be a deposit of many thousands of dollars, and for some it is much more. Another area that CCI-Toronto has been involved in is related to the new Energy Responsibility Act. CCI has lobbied to allow Condominiums to be given some leeway in the application of the smart meters based upon their construction methodology. It appears the Act has made it possible for the legislators to do that, but the Regulations have not been completed, so it is yet
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unresolved. CCI continues their efforts in this area. The infamous “Garbage Levy” that is being implemented in Toronto has been lobbied all along by CCI-Toronto. Direct representations have been made to City Council on many occasions. These three examples of representation show quite clearly that CCI is recognised by all levels of Government as an industry stakeholder. At this point in time, the Board is reviewing ways to increase that lobbying effort in order to ensure that CCI is consulted before draft legislation is introduced.
Standardization A huge joint effort was undertaken by CCI-Toronto in conjunction with all of the other Chapters across Canada. For the first time ever, a national comparison has been painstakingly collected, organized and distributed which compares the Condominium legislation of each of the provinces. This work may well lead to many lobbying efforts, province by province, to improve the local legislation with concepts found from other provinces! This paper was be further reviewed in Montreal at the Semi-Annual meeting held at the end of May 2006. Another huge effort was undertaken to review the Condominium Act,
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1998 in an effort to find the sections that are most problematic. In doing this, CCI will be better able to advise legislators about needed wording and concept changes that are necessary, when the time arises for change. This effort will prove indispensable in aligning the views of the various industry stakeholders in order to submit a clear, joint recommendation on changes.
Education Owners of condominiums, Boards of condominiums, and Suppliers to condominiums all benefit from an educated consumer and decision maker. One of the main focuses of CCI-Toronto is to provide the education necessary for Boards, Owners and Suppliers to enable them to make better decisions in their day-to-day dealings in condominiums. During the past year, there have been many seminars arranged and carried out for Condominium Owners and Directors in the Toronto area including the newly developed “Level 100” course. The very popular “Basic Condominium Course” and the “Advanced Condominium Course” were each carried out for two complete sessions. All of these courses are designed to give information directly to those involved in living, directing,
and managing condominiums. The President’s Club has carried out seminars on topical issues such as energy conservation and smart meters in an effort to help educate key condominium decision makers on the changes coming in the energy sector. A few ad hoc seminars were organised and carried out as a result of requests from the members. Included in these seminars were sessions on “Purchasing a Condo” and “Managing Performance Audits”. Both sessions were created to help educate people in the changing conditions of the current market boom. Also, the “9th Annual Condominium Conference” was carried out jointly with ACMO which featured many more educational seminars targeted at all facets of the condominium industry. None of these efforts would have been possible without the dedicated, committed vision of CCI-Toronto’s members. All condominiums, all professionals, and all suppliers that work in Condominiums owe a debt of gratitude to the Members of CCI-Toronto. Those members, in committing to their beliefs that CCI is the voice of Condominium, have made the lives of all people connected to the condominium concept just a little better. For that, we thank you.
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When “Personal Service Beyond The Contract� Really Counts! There Is Only One Name
Property Management Services Inc. 1256 Cardiff Blvd., Unit A Mississauga, Ontario Phone: (905) 696 (8376) Fax: (905) 696-0729 jvero@veropropertymanagement.com www.veropropertymanagement.com Condominium Property Management Specialists
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™
Member News
Welcome to the Following New CCI Toronto Members Corporate Members
Professional Members
Sponsor (Trade) Members
DCC # 0120 DSCC # 0190 HCC # 0170 MTCC # 0877 MTCC # 1041 TSCC # 1721 TSCC # 1722 TSCC # 1729 TSCC # 1740 TSCC # 1741 YRCC # 1045
Joseph Carnevale Brokers Trust Insurance Group Inc.
Carina Ramos B.A. Construction & Restoration Inc.
Bob Alsip Convenience Group Inc.
Fred Baumgartner Firepoint Technologies Inc.
Individual Members M. Pace J. Heron-Lee-Quai
Rick Inacio Hub International Ontario Limited Vlad Platek Platek Services Incorporated Catherine Stewart Property Services Inc.
Don Connolly Siemens Building Technologies Clayton Steinberg Solo V Tim Vermeulen TD Commercial Banking
George Shalamay Simerra Property Management
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SINCE 1927
CHECK US OUT! www.ccfranzen.com Tel: (416) 366-4975 bavery@ccfranzen.com â—?
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• Condominium cleaning specialists • WHMIS Trained Cleaners • Underground garage cleanup • Quality control communication log sheet • Floors – wax and polishing • Uniformed cleaners on premises • Fully trained, bonded and insured • Commercial and industrial cleaning services • Carpet and window cleaning
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Upcoming Events
Mark Your Calendars for the Following Upcoming Events! CCI-Toronto Basic Level Directors’ Course CCI-Toronto is offering the ever popular Ultimate Condominium Learning Program designed for condominium directors and residents. This six night course will begin on Wednesday, September 27th and will continue on consecutive Wednesday evenings from 7:00 p.m until 10:00 p.m. until November 1st, 2006. The industry’s top professionals - property managers, lawyers, engineers, and accountants will provide their expertise to help directors and residents gain a better understanding of the way condominiums function and should operate. All sessions will be held at the Novotel North York Hotel at 3 Park Home Ave (near Yonge St. and Mel Lastman Square). The cost for CCI members is $300 and non members $400. To register on-line for the Condominium Course and/or to obtain further information, please visit the website at www.ccitoronto.org or call the office at (416) 491-6216.
10th Annual CCI/ACMO Condominium Conference This popular two day conference and trade show will take place on Friday November 3rd and Saturday November 4th at the Doubletree International Plaza hotel at 655 Dixon Road in Toronto. The spectacular line up of speakers and topics to be covered this year are sure to offer ideas and solutions to managers and directors alike. Sponsorship and exhibit opportunities are now being offered – visit www.condoconference.ca for full conference details.
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PROVIDING EXCEPTIONAL SERVICE TO THE CONDOMINIUM INDUSTRY FOR OVER 25 YEARS SPECIALIZING IN COMPLETE PROPERTY MANAGEMENT SERVICES: Residential High-rise & Townhouse Condominiums Industrial & Commercial Condominiums Hands-On Management Individually Designed and Tailored To Meet And Exceed Your Communities Needs For more information, please contact: Gary Atkin, RCM, ACCI or Matthew Atkin, RCM, CMOC, ARM, CPM G.S. Atkin Property Management Specialist Inc. One Shady Lawn Court Mississauga, Ontario L5N 1H2 24-Hour Emergency Line (905)-567-6820 Direct Line: (416)-258-6011 Fax: (905)-567-6930 Website: www.gsa-pm.com Email: info@gsa-pm.com
™
10th Annual Joint ACMO/CCI-T Condominium Conference November 3rd and 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. Exciting Session Topics Include: • • • • • • • • • • • • • • •
Beaver Pelts and Condo Tales You Get What You Pay For Gas Pains! Sister Snits – Avoiding Shared Facility Warfare It’s Not My Job! A Swing and A Miss – The Condo Act 5 Years Later Energy Matters – It’s Payback Time Condo Confidential Developing Board Relations Curb Appeal Submetering Condomojo – Creating Community Harmony In the Real World of Condos Good Senses; Good Neighbours Legal Talk Show
Visit the Conference website at www.condoconference.ca Exhibit and Sponsorship opportunities are also available
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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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Adams Masin Tilley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 A.R. Consulting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Atrens Management Group Inc. . . . . . . . . . . . . . . . . . . . . . . . .31 Bonita Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Brookfield Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Brown & Beattie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Carma Industries Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 CCF Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Canlight Hall Management . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Certified Clean Air Services . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Chubb Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Cochrane Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Construction Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 CPL Design Interiors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Crozier Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Davroc & Associates Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Enerplan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Essential Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Fine and Deo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Firenza Plumbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 First Condo Group Limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Forest Contractors Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Gardiner Miller Arnold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 G4S Security Services (Canada) Ltd. . . . . . . . . . . . . . . . . . . . 13 Gerald R. Genge Consulting Engineers . . . . . . . . . . . . . . . . . .28 GSA Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Harris Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Horlick Levitt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ICC Property Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . 9 Impact Recreation Management, Inc. . . . . . . . . . . . . . . . . . . . 12 Innofit Innovations for Fitness - Kinetic Solutions . . . . . . . . . .24 Innonet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Les Consultants Ingenium (Condo Manager Software) . . . . . 32 Maclaren, Corlett LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Maxium Financial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 M & E Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Miller Thomson LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Morrison Hershfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Nexus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Ontario Screen Systems Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Percel Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Pro House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Provident Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 RBC Dominion Securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Rogers Cablesystems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Ronco Roofing & Sheet Metal . . . . . . . . . . . . . . . . . . . . . . . . 32 Samuel Property Management . . . . . . . . . . . . . . . . . . . . . . . . 34 Solov solutions inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 S.R. Wise Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Summa Property Management . . . . . . . . . . . . . . . . . . . . . . . . 36 Suncorp Valuations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Stratacon Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 TPMG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Vero Property Management . . . . . . . . . . . . . . . . . . . . . . . . . 28 Waste Solutions Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Whiterose Janitorial Services Ltd. . . . . . . . . . . . . . . . . . . . . . .31 Wilson Blanchard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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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.
™
“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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apers c s d n a L Book
New Listings for Building 2
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