CondoVoice - Winter 2006 by LS Graphics

www.ccitoronto.org

VOL. 11, NO. 2 • WINTER 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

CCI/ACMO Condominium Conference Celebrates 10 Years

IN THIS ISSUE ■

Report on the 10th Annual CCI/ACMO Condominium Conference

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Status Certificates: • Think Your Status Certificate is Accurately Completed? Think Again • Adding Information Not in the Prescribed Form • Requirements to Qualify

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Welcome! A First and Lasting Impression

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Creating a Conservation Culture for Condos

… and more PM #40047005

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Canadian Condominium Institute / Institut canadien des condominiums Toronto & Area Chapter

Contents Features

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

2006/2007 Board of Directors

by Michael Pascu, LL.B. As a manager, or director, you should not overlook the importance of the disclosure requirements of paragraph 8 of the Status Certificate.

PRESIDENT

VICE-PRESIDENTS

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

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

Status Certificates: Requirements to Qualify

Welcome! A First and Lasting Impression

Creating a Conservation Culture for Condos

GST - To Deregister or Not to Deregister … That is the Question

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 Richard Elia and Misha Feldman By being diligent and accurate when issuing Status Certificates, even beyond its legal duties, a condominium corporation can reduce any conflict.

by Trish Kaplan A quality "Welcome Packet" will provide the new owner with a tool to more quickly become a productive member of the community.

by Yves Lemoine, P.Eng. Many condo owners wish to be involved in energy conservation, but they also want to know that they're having an impact.

by Glen MacMillan It is our advice condominium corporations should maintain their GST registrations and continue to collect GST where applicable.

Mario Deo, LL.B. (Chair, Public Relations Committee Member, Conference Committee) Fine & Deo LLP Brian Horlick, LL.B., ACCI Horlick Levitt Barristers & Solicitors

Status Certificates: Adding Information Not in the Prescribed Form by Armand G.R. Conant, B.Eng, LL.B., DESS (Sorbonne) The dilemma is – what to put in and what not to.

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

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

Think Your Status Certificate is Accurately Completed? Think Again!

Tarion Cuts Purchasers a Break by J. Robert Gardiner & Warren D. Ragoonanan The Ontario Government has enacted changes to the regulations under the Ontario New Home Warranty Plan Act (ONWHP).

CCI News 5 23 34 35 37 39 42

President’s Message CCI/ACMO Annual Condominium Conference CCI Toronto 2006 Annual General Meeting New Members Member’s Corner Upcoming Condominium Courses Diversions & Distractions

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President’s Message

ovember 2006 marked the 10th anniversary of the joint CCI/ACMO Condominium Conference, and I am pleased to report that it was a resounding success. Over the past ten years the conference has continued to grow and develop – both in the number of exhibitors and in educational content. This years’ show attracted close to 700 attendees – consisting of property managers, condo directors, Humber students, as well as the many other professionals and trades serving the condominium industry.

A lot of work goes into planning each conference and our thanks certainly goes out to the many volunteers from both CCI and ACMO who contribute throughout the year to ensure that the conference is a success. Thanks also goes out to the over 60 speakers who participated in the various panels over the two day conference. Without them, we certainly could not succeed in our goal of providing quality, current education for all of those involved in the industry. Over 70 exhibitors contributed, as well, to the educational value of the show by displaying the latest in products and services available to both managers and directors. And finally, I would like to extend our sincere appreciation to the many sponsors and our conference partner, Rogers, for their financial support, without which we could not continue to run the conference at such affordable rates to delegates. November also marked the time for our Annual General Meeting, which was held this year on November 23rd. As in the past, elections for Directors were held and we welcome Brian Horlick to the 2006-07 CCI Toronto Board of Directors. Brian’s seat on the Board came about with the ‘retirement’ of CCI-T’s Past President, Bob Gardiner. Bob has played an instrumental role in the leadership and growth of the Chapter over the past several years, and we are pleased that Bob will remain as an active member on the CCI-Toronto Legislative Committee. We will, however, certainly miss Bob’s witty humour at our monthly board meetings! As the Board takes a brief, but well deserved break until January, I would like to extend warm wishes for a happy holiday season to all our members, colleagues, associates and friends. All the best for 2007!

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

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Think Your Status Certificate is Accurately Completed?

Think Again!

MICHAEL PASCU, L.L.B. FINE & DEO, BARRISTERS AND SOLICITORS

s property manager or director, you are well aware that you must be very diligent to ensure that the information inserted in your corporationâ&#x20AC;&#x2122;s status certificates is accurate and up-to-date. So, while you devote careful attention to Paragraph 12 of of the status certificate, which requires disclosure of any circumstances that may result in a potential increase in the common expenses for the unit in question, are you perhaps overlooking an equally important paragraph? I am referring to Paragraph 8 of the status certificate, which provides as follows: There are no amounts that the Condominium Act, 1998 requires to be added to the common expenses payable for the unit [if applicable add: except....(set out details and provide brief description)]. What is Paragraph 8 of the status certificate about anyway? Simply put, in this paragraph, the corporation is required to specify those amounts that it has, or will, incur with respect to the unit in question, and which

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…you must consider any circumstances which will result in costs being added to the common expenses payable for the unit. amounts the corporation is authorized to add to the common expenses payable for the unit. More specifically, it refers to: a.

those costs which the corporation has, or will, incur in carrying out repairs or maintenance work which the unit owner had the obligation to perform but failed to do within a reasonable time, pursuant to Sections 92(1), (2) and (3) of the Act;

those costs which the corporation has, or will, incur as a result of the owner’s failure to comply with an alteration agreement entered between the parties pursuant to Section 98 of the Act;

those costs which are excluded from the corporation’s insurance coverage by the deductible clause and which costs the corporation has, or will, add to the owner’s common expenses pursuant to either Section 105(2) of the Act or a by-law passed under Section 105(3) of the Act; and

those costs which the corporation has, or will, add to the owner’s common expenses by way of an assessment pursuant to an occupancy standards by-law passed under Section 57(1) of the Act.

What is so special about Paragraph 8? The significance of Paragraph 8 can be all too easily overlooked. In those cases where the corporation has incurred costs that fall under the abovenoted categories, and has or is about to add those costs to the common expenses payable for the unit, the completion of this paragraph is a very straightfor-

ward matter. However, in order to properly complete this paragraph, you must also anticipate any potential costs that are yet to be incurred or even ascertained but which costs will eventually have to be added to the common expenses payable for the unit. The key word in Paragraph 8 is “requires”, which refers not only to costs that may have been incurred or are currently being incurred, but also to costs that will be incurred in the future. In this respect, the completion of Paragraph 8 requires a similar level of analysis as the completion of Paragraph 12, in that you must consider any circumstances which will result in costs being added to the common expenses payable for the unit. Consider, for example, the following fact scenario. A status certificate is requested with respect to a dwelling unit and a parking unit located in the corporation’s underground garage. The corporation’s declaration requires the owners of the parking units to repair after damage their own parking units. The parking units are defined in the corporation’s declaration so that the asphalt coating on top of the garage concrete floor slab forms part of the units. The owner of the parking unit with respect to which the status certificate was requested had allowed motor oil and other chemicals to leak onto the asphalt surface of his parking unit, damaging it. The corporation had sent a letter to the unit owner one month before receiving the request for the status certificate, demanding that the owner repair the damage within two months, failing which the corporation would carry out the work. The owner verbally advised the property manager that he had no intention of making any repairs because he is selling the dwelling and parking units and moving out.

In this case, would the property manager have to disclose anything in Paragraph 8 of the status certificate? The answer is yes, absolutely. Although the costs of the repair and the timing of the repair is not certain, the manager is certain that the repair will have to be performed by the corporation and the costs thereof would have to be added to the common expenses payable for the unit. The reason is that, while the deadline for the owner to repair the asphalt had not yet passed, the owner had already advised the manager that he would not make any repairs. As well, although the manager had not even had the opportunity to advise the board of the owner’s refusal to carry out the repair work, the manager knows that, pursuant to Sections 92 (1) and (4) of the Act, the corporation has the duty to carry out the repair work if the owner fails to do so, as well as the obligation to add the repair costs to the common expenses payable for the unit. In conclusion, as manager or director, you should not overlook the importance of the disclosure requirements of Paragraph 8 of the status certificate. A full and accurate response requires that you anticipate whether there are any circumstances which would result in costs being added to the common expenses for the unit. If you are aware of circumstances which may result in costs being added to the common expenses payable for the unit, you should consider requesting the corporation’s solicitor to advise the corporation whether or not to disclose those circumstances in Paragraph 8 of the status certificate. After all, as the saying goes, it is better to be safe than sorry.

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STATUS CERTIFICATES:

Adding Information Not in the Prescribed Form

ARMAND G.R. CONANT, B.ENG, LL.B., DESS (SORBONNE)

MACLAREN CORLETT LLP

tatus Certificates are the bane of existence for condominium corporations and property management. What to put in it and what not to - that is a frequently occurring dilemma.

As we all know, the requirements for what must be set out in status certificates (“Certificates”) are set out in section 76 of the Condominium Act, 1998 (the “Act”) and Form 13. If you omit required material information then, in accordance with section 76 of the Act, the Certificate is deemed to include a statement that there is no such information. It is important to note that section 76 stipulates that the Certificate shall be in the prescribed form, and subsection 18(1) of Ontario Regulation 48/01 states that a Certificate shall be in Form 13. This language is different than for proxies, as subsection 56(2) of the Act states that the proxy may be in the prescribed form. So the form for proxies is optional but for Certificates it is mandatory. What does this mean? Clearly a corporation must include the headings, sections/clauses, information and documents listed in section 76 and in Form 13. But does this prohibit corporations from adding additional information? There is no absolute answer to this question, and to the best of this writer’s knowledge it has not yet come before the courts. There is no doubt however, that some wording is allowed based on the format of the Certificate; such as listing lawsuits to which the corporation is a party. In the case of Stafford v. Frontenac Condo Corp No. 11 (1994), 41 R.P.R. (2d) 7, the court held that the purchaser had failed to make proper inquiry when in the Certificate where the corporation states that it knew of no reason for the common element fees 8

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to increase or that there would be any substantial alterations to the common elements it had added the words “…other than what an engineering study would reveal….”. In this case the owner could not refuse to pay the special assessment. So the added language was allowed. How far can this go? One must weigh the duty of the corporation to properly disclose information versus the rights of vendors or mortgagors to complete their transaction without improper interference by the corporation through the Certificate. There are numerous examples of the “extra” information that corporations are including in Certificates. The following are some examples I have seen along with some that Ray Mikkola of Pallett Valo LLP and Richard Elia of Elia Associates were kind enough to provide to me. 1. In one Certificate I reviewed, under section 23 (Agreements with owners relating to changes to the com-

mon elements) the corporation added two and a half, single spaced, legal size pages of comments (13 comments). These included electrical rewiring, re-decorating, increased lobby security, terrace protection, future issues that may be addressed in coming years, no dogs allowed in the building, pointing out that some units have had problems with shower stalls leaking to the unit below so the new owner must check this (even though no knowledge of any problem with the subject unit), personal safety matters (fire code, etc.) rule changes such as prohibition for transient use of units (even setting out the vote count on the rules). 2. Some Certificates I have seen include a new section or heading at the end of the Certificate called “Other”, and neither section 76 nor Form 13 provide for this section. Under this, corporations have stated all sorts of information/com-

ments, including the requirement for owners to give to management certain forms upon moving in, window covering restrictions, residential safety issues and a variety of liability concerns (shower stalls, suite keys, etc.). In addition, I have seen some state that the owner is responsible for the corporation’s insurance deductible (in the appropriate circumstances) and that owners are to have insurance on their units to cover betterments and the deductible. 3. We have seen a statement that common element fees are subject to any cheques which have been deposited actually clearing the bank. The Act allows for no such qualification and it bothers purchaser’s lawyers to no end, but is completely understandable from the corporation’s point of view. 4. We have seen a qualification that the corporation has not investigated continued …

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Does the corporation have a duty to inspect the unit before issuing the Certificate? the unit to determine if there is a default that could obligate the owner to pay costs to the corporation and which could be added to the common expenses of the unit. In some cases this has included the removal of screen doors, the installation of hardwood flooring contrary to the declaration, by-laws and rules, etc. If this type of statement is permissible then should the corporation inspect the unit before issuing the Certificate (some corporations do and others do not)? 5. With respect to unit/exclusive use common element inspections, under section 23 corporations are adding what is becoming a fairly standard paragraph, essentially say-

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ing that it is the purchaserâ&#x20AC;&#x2122;s responsibility to review the corporationâ&#x20AC;&#x2122;s documents to determine if the previous owner has carried out any structural changes to the unit or modified the common elements; that no inspection has been done and therefore the corporation cannot comment on matters of noncompliance that may be revealed by an inspection and that unless an inspection is requested, the corporation reserves its right to enforce non-compliance notwithstanding that the non-compliance may have existed prior to the issuance of the Certificate. Many questions arise from this. Does the corporation have a duty to

inspect the unit before issuing the Certificate? If no such duty exists, should it? If not and the Certificate is silent on any common element alterations, does the purchaser take on the liability of the vendor that made the alterations? What if a previous owner of the unit did the alterations? Can the corporation force the new owner to sign and register a section 98 alteration agreement? Can the corporation force the new owner to repair the common elements or even return them to their original condition? It is the writerâ&#x20AC;&#x2122;s view that if the declaration has the provision that any such alterations require the consent of the Board and no such consent was obtained and the corporation was not aware of the alterations, then the corporation would have a

strong argument that the new owner takes subject to these liabilities. But to complicate the matter further, what if for years the corporation knew, or reasonably ought to have known, of the alterations and did nothing about it and is now trying to impose responsibility on the new owner? Would this type of clause be sufficient protection for the corporation? While it is fully understandable why the corporation wishes to set out all this information, what if it affects the sale of unit? How can a purchaser and their lawyer properly act on the standard condition in agreements of purchase and sale that the purchaser has 3 business days to be satisfied with the Certificate and its documents? How in that time can a purchaser request and obtain an inspection of the unit by the corporation and then obtain a new Certificate? In these cases a purchaser might invoke the condition and back away from the deal. If this did happen, would the vendor be able to challenge the corporation and possibly sue for damages? As you can see from this article more questions are asked than answered. These issues will be great fodder for lawyers, and unfortunately will ultimately have to end up before the courts for determination. Until then, I believe that out of an abundance of caution corporations will increase the comments and information they put in their status certificates. Armand Conant, B.ENG, LL.B., DESS (Sorbonne), is head of the condominium department for the Toronto office of Maclaren, Corlett LLP and represents numerous condominium corporations in Toronto and the GTA. Armand is a member of the Board of CCI (Toronto) and a Vice-President. He is also Chair of its Legislative Committee and a member of CCI Nationalâ&#x20AC;&#x2122;s Government Relations Committee. He has written articles for many publications and has lectured before ACMO, Humber College and at the annual ACMO/CCI Conference, on various aspects of condominium law. Armand also holds an engineering degree and is fluent in French. Winter 2006

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STATUS CERTIFICATES:

Requirements to Qualify RICHARD ELIA & MISHA FELDMAN

Is there a duty to inspect units and appurtenant exclusive use common element areas?

s a duty imposed on condominium corporations, through by the Condominium Act, 1998 (the “Act”), to carry out an inspection of units and appurtenant exclusive use common element areas when preparing Status Certificates? The short answer is “No!, at least not clearly, but”….(and there always is a “but” with lawyers).

What is the purpose of the Status Certificate? The Status Certificate, a prescribed form mandating disclosure on numerous prescribed items, is often the first glimpse that a prospective purchaser gets of what is “below the skin” of the condominium unit that s/he may be looking to buy. The Status Certificate provides a snapshot at a moment in time with respect to a particular unit and of the condominium corporation as a whole. Are there outstanding common expense arrears with regard to the unit? Will the condominium corporation have sufficient money to meet its maintenance and repair obligations? Is the condominium corporation involved in any litigation? The Status Certificate gives the purchaser fair notice of what s/he is actually buying – and if the Agreement of Purchase and Sale is appropriately drafted, will allow the purchaser to decide whether s/he still wants to complete the sale after having an opportu-

nity to review it. Basically, it allows a purchaser to assess his/her risk and determine if the price fits the risk. The Act imposes certain requirements for a Status Certificate, but, in respect of alterations, only addresses the issue of whether the unit owner is in compliance with current section 98 agreements. On the question of what enquiries the condominium corporation is required to make when preparing to issue a Status Certificate, the Act is curiously silent. In this article we outline the requirements of the legislation and look to fill this gap with some best practices for condominium corporations wishing to avoid conflict. Since the range of past, present and future risks are arguably limitless, the Act sets out the parameters for the disclosure required. However, the prescribed format is very limited (and perhaps, some would argue, flawed) in how it addresses alterations with either the unit or the common elements. Imagine the following: Scenario: (1) A unit owner has erected a balcony enclosure and a section 98 agreement was properly entered into; (2) since that time, the owner has permanently removed the common element patio doors and has extended the living room floor onto the balcony; and (3) the board has a policy of not permitting this type of alteration. Problem: The removal of the patio doors could have negative implications Winter 2006

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vis-à-vis other unit owners if heating costs are part of the common expenses. In this case, there is an agreement that the substance of the alteration as contained in the agreement has been further altered without knowledge of the condominium corporation or agreement by the parties. The condominium corporation may be able to oblige the future unit owner to comply with the agreement or remove the unapproved alteration, if the section 98 agreement is well-drafted. The question becomes, what does section 23 of Form 13 of O.Reg. 49/01 (the prescribed form of Status Certificate) do to the expectation of a prospective buyer? Section 23 offers the following notice options with respect to alterations to the common elements only: “The unit is not subject to any agreement under clause 98(1)(b) of the Condominium Act, 1998 relating to additions, alterations or improvements made to the common elements by the unit owner,”

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or, alternatively, “The unit is subject to one or more agreements under clause 98(1)(b) of the Condominium Act, 1998 relating to additions, alterations or improvements made to the common elements by the unit owner. To the best of the Corporation’s information, knowledge and belief, the agreements have been complied with by the parties [except… - give particulars].” Does this create duty to inspect? While some would argue “yes”, we suggest “no” because the condominium corporation should be able to rely on the terms of the section 98 agreement that it has entered into and assume that the unit owner has not breached the terms to which he/she is bound. Further, where a condominium corporation does undertake a positive duty to inspect, this may make the condominium corporation’s position challengeable; especially where a condo-

minium corporation did undertake a positive duty to inspect the common elements; failed to do so and then reported the unit owner to be in compliance. This is a perfect example of where inspection could backfire as the condominium corporation has unwittingly set the bar higher for itself. Accordingly, assuming that it has no “information, knowledge and belief” of the further alteration, the condominium corporation could perhaps better ensure it has an enforceable position by not inspecting and by relying on the statutory wording, which exculpates the condominium corporation for not knowing. With regard to disclosing information about alterations to the common elements, the Status Certificate only requires same when an agreement has been entered into under section 98 of the Act. The obvious irony here is that this disclosure is partially redundant, as the section 98 agreement must be registered on title to the unit to have effect and the purchaser would therefore

The condominium corporation needs to make enquiries to ensure that the “required” information is correct, but what about information that is not required? come to know about it in any case when title is searched and would therefore be bound. A full-blown discussion of a section 98 agreement is for another day. The section 98 agreement is beneficial to both the condominium corporation and unit owners because, if well drafted, it should provide certainty vis-à-vis the condominium corporation and a unit owner with regard to a particular alteration. Further, as a section 98 agreement is registered on title, it continues to protect the condominium corporation from future unit owners. Section 8 of Form 13 of O.Reg. 49/01 (the prescribed form of Status Certificate) offers the following with regard to possible “charge backs” permitted under the Act: There are no amounts that the Condominium Act, 1998 requires to be added to the common expenses payable for the unit [if applicable add: except …. (set out details and provide brief description)]. The above section gives the condominium corporation the opportunity to force the vendor unit owner to address lingering unit maintenance and repair items if the condominium corporation has knowledge of them. Going back to the short answer, to fulfil the minimal standards outlined in the prescribed content of the Status Certificate, there is no obligation to inspect the unit or the common elements. However, it is worth considering whether there would be a benefit for both the condominium corporation and the prospective purchaser to go farther—to go beyond the minimum thresholds established by the Act with the view of avoiding conflict. If there is benefit to go beyond, how far should the condominium corporation go? Should the condominium corporation

disclose only the information that it has in its files? At the other extreme (and assuming the legal authority exists), should the condominium corporation carry out a detailed inspection of the unit and appurtenant common elements every time a Status Certificate is requested? Another relevant question is whether the property manager has contracted to do the inspections and how much more is the condominium corporation paying to reflect the risk to the property management company associated with the same? A condominium corporation must also be cognizant of unit owner’s rights of privacy. Once issued, a Status Certificate binds the condominium corporation as against the purchaser or mortgagee who relies on it, as at the date it is executed. For example, if condominium corporation omits maintenance fee arrears in a Status Certificate, it would not be able to collect those fees from the new owner. Section 76(4) provides that if the Status Certificate “omits material information that it is required to contain, it shall be deemed to include a statement that there is no such information.” This makes complete sense from the perspective of the purchaser who wants to assess the bargain he/she has made. The condominium corporation needs to make enquiries to ensure that the “required” information is correct, but what about information that is not required? The maintenance fee arrears example above would fit squarely within section 76(4) if the information was omitted. However, in the case of an unapproved change to the common elements, such as an unauthorized deck installation, if the condominium corporation does not put it in the Status continued on page 17

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But what happens where there is an unapproved change, but the condominium corporation is unaware? Certificate, can it still require the new owner to remove the deck? If the condominium corporation is aware of the change, then it should likely include a statement to that effect. While it is unlikely that the Act actually requires it, it may serve to prevent conflicts in the future. Specifically, if the condominium corporation wants to force the removal of the unapproved alteration, it can state that the new purchaser knew that there was an unapproved alteration and purchased the unit. The purchaser should factor the eventual removal of the alteration into the purchase price or insist that the vendor obtain the necessary approval before closing. By disclosing the existence of the unapproved change, future conflict may be avoided. An indirect

benefit may also be to effect compliance with a motivated vendor, who would prefer a â&#x20AC;&#x153;cleanâ&#x20AC;? Status Certificate. But what happens where there is an unapproved change, but the condominium corporation is unaware? The condominium corporation eventually requires the new owner to remove the unapproved alteration and the new owner complains that the change was not disclosed on the Status Certificate. The condominium corporation can argue that since there were no agreements, nothing was omitted from the Status Certificate that was required to be disclosed, in effect there was nothing to opine about with respect to compliance. The new unit owner will most likely argue that the condominium cor-

poration should have been aware that there was a change, that the existence of the unapproved change should have been disclosed in the Status Certificate, and that the lack of disclosure binds the condominium corporation. There are obvious flaws in the new unit ownerâ&#x20AC;&#x2122;s position (i.e. how could the condominium corporation know?). However, it does mean conflict and determining who is right may be less important than the fact the new unit owner and the condominium corporation are in conflict. Could an inspection have avoided the conflict? While the law is unclear in this area, if a condominium corporation wants to minimize the possibility of such a conflict it may want to consider continued on page 18

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inspecting the unit in question. From a creative perspective, understanding that a condominium corporation likely has no duty to inspect, we have seen property management companies offer to inspect the unit for a fee. If the offer is declined, the condominium corporation can definitely state that it had no knowledge of any alterations outside of any section 98 agreements. In this way also the management company will assume some responsibility for the accuracy of the inspection. Some disputes are inevitable, but others can be avoided. By being as accurate as possible in a Status Certificate, without taking on additional and avoidable responsibility, the condominium corporation can minimize potential conflicts in the future. If no inspection is carried out, it is advantageous to make this position known on the Status Certificate so that the purchaser can act as s/he see fit. Another option (albeit not a perfect solution) open to condominium corporations is

to make a request of the vendor/owner to confirm compliance with any section 98 agreement having been entered into, and to confirm that there are no further alterations that have been carried out. In view of the timeline within which a condominium corporation must issue the Status Certificate, the inquiry should be worded such that if no reply is received by a certain date, the assumption will be made that there are no further alterations. Condominium living can be rife with disputes, by being diligent and accurate when issuing Status Certificates, even beyond its legal duties, a condominium corporation can reduce the conflict. From a purchaserâ&#x20AC;&#x2122;s point of view, it is risk assessment. A purchaser most often has a real estate agent, a lawyer and an inspector, in addition to his/her own review of the property to protect him/herself. To transfer some of this risk on to the hands of the condominium corporation and then ultimately on to the shoulders of all unit owners

Jonathan Fine Stephen Goodbaum Michael Pascu Maria Dimakas

because of a failed or inadequate inspection seems impractical, inequitable, even oppressive, and the basis for more dispute. Thus, if a condominium corporation is going to embrace the idea of inspection it must exercise extreme caution to ensure that the inspection list is complete and that the risks associated with conducting the same are determined to be worthwhile. Property management companies likewise must assess the risk of undertaking inspections and the cost associated with such risks when pricing and drafting their contracts. Undertaking inspections, in our opinion, raises the bar. If the bar is raised the scope of the inspection should be clearly articulated by the condominium corporation and, if necessary, the scope of the same disclosed to prospective purchasers so that they know the limit of the inspection.

Mario Deo Joseph Ryan Marco Graziani

www.finedeo.com â&#x20AC;˘ (905) 760-1800 â&#x20AC;˘ 1-888-FINEDEO

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Welcome! A First and Lasting Impression BY TRISH KAPLAN, CCI LONDON CHAPTER

t is well worthwhile for condominium corporations to adopt the age-old proverb, “first impressions are the most lasting”, and to spend some time on developing a “welcome packet” to give to new owners. Properly prepared, a welcome packet will go a long way to create a neighbourly atmosphere, give a new owner a sense of community, and even set a tone of clear and positive communications and relations for this new relationship.

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If your corporation encourages committee involvement, this is an important assignment to be considered by those equal to the task to work on. Then, decide whether members of the committee and/or directors, or both, make the initial contact with an owner to present it. This welcome should be the first communication coming from the corporation. It is not unusual for new owners to be unfamiliar with the term “corporation”, how it works and what impact it will have on them as a new homeowner. While they may be somewhat familiar, they may not have a clear understanding of the board’s role and their place in it, and certainly they will not be aware of the specifics of their “new” home corporation. The topic has been discussed at great length among many directors. This office has had requests for sample welcome packets, which are really “personal” to the corporation and those requests afforded us the opportunity to address it here in this magazine. The welcome packet can be considered a “thumbnail sketch” of your corporation. It is recommended that the packet contain helpful components for the new owner, organized in a format that provides the necessary information from the board of directors, as well as useful information about surrounding sources.

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The following are suggestions and can be modified to suit your own corporation. There may be information specific to your corporation that you see as important for new owners to know.

tion’s insurance company, policies and deductibles, the requirements for the owners insurance coverage and the corporation’s owner claims reporting procedures.

• A letter of welcome from the corporation’s board of directors, which includes the names, addresses and telephone numbers of the board members and the corporation number.

• Detail information on condominium fees and when they are due

• A “preface” or “table of contents” that explains or outlines the contents of the welcome packet and what the owner will find within. • Provide information regarding maintenance, corporation responsibilities, owner responsibilities, important phone numbers and answers to frequently asked questions • Outline “who” and “how” to contact those responsible for handling owner issues (i.e. the process the corporation has adopted relative to reporting maintenance issues, etc.; provide names and numbers of directors and/or the management company, office hours, emergency numbers, etc.). • Provide information on emergency procedures and fire safety systems. • Supply information on the corpora-

• Identify amenities and facilities available within the corporation and where they are located (where applicable), including hours of operation, where and how owner can obtain keys, passes, parking permits, etc. • Services and utilities may need clarification. A helpful chart or a list of those providers that have been used by owners with favourable results to make the task of set-up easier can be most welcome (i.e., garbage calendar, contact information for electrician, telephone, cable, plumbers, contractors, etc.). If you provide contact information, be sure to use a disclaimer that indicates the association does not assume responsibility for the goods or services offered. • The names and phone numbers, and perhaps even coupons, for area service providers – hospitals, pharmacies, houses of worship, local cab or limousine services, grocery stores, malls, movie theatres, and even personal service providers such as dry

cleaners, hairdressers, and even locksmith might be helpful. • Rules and regulations are another important section to include so that new owners and residents are informed (hopefully, in a positive manner) of the guidelines, which they will need to live by to function well within the community (i.e., parking, pets, etc.) • Copies of corporation’s Declaration and By-laws can be most helpful because the possibility exists they were not provided to the owner at closing. • Include a “forms” section if applicable (i.e., Form 5 “Summary of Lease or Rental”, maintenance report, parking requests, etc.). • The brochure “A Student’s Guide to Condominium Living” or “A Tenant’s Guide to Condominium Living” is helpful where there are unit rentals.

ships (i.e., CCI – members’ discount applies to all directors and owners of the member corporation). A quality welcome packet will provide the new owner with a tool to more quickly become a productive member of the community, and will help in the transition from outsider to participant. Those corporations that proactively communicate with their owners have

a much better opportunity to build support for future board participation and ensure a team approach to maintaining real estate values in the community.

Trish Kaplan is the Administrator of the CCI-London & Area Chapter, a board member of a local corporation.

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• If your corporation has a website, provide them with that information.

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• Information about social activities that take place within the corporation can be most welcome.

Use with or without heat for year round enjoyment.

• If a Neighbourhood Watch Program is in place, please make the new owner aware.

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• A copy of the latest corporation newsletter is appropriate. It provides a positive forerunner to future participation by the owner. Many new homeowners have never lived in a condominium and may be unfamiliar with the fundamentals of how the business of a condominium corporation works. So other suggestions include: • A list of the responsibilities of the board of directors. • The owner’s rights and responsibilities. • The role of the property manager • Information on corporation member-

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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 firmâ&#x20AC;&#x2122;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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10th Annual CCI-T/ACMO Condominium Conference The 10th Annual CCI/ACMO Joint Condominium Conference was held on November 3rd and 4th, 2006 at the Doubletree International Plaza hotel in Toronto. The special anniversary year was celebrated in style – complete with balloons and an anniversary cake. (see cover photo featuring CCI Toronto President and ACMO President, Harold Cipin at the official cake cutting ceremony) Attendance, as always, was strong – with close to 700 delegates in attendance and another sold out trade show. As in the past, delegates arrived from CCI Chapters all over Canada offering the opportunity to learn from experiences outside of our Province. Also in attendance this year, was CAI Past President, Paul Grucza from Hurst Texas. Paul presented the session entitled “Condo Mo-Jo – The Essence of Building Community” and offered excellent tips for any condo board or committee on building strong social, spirited communities. continued …

Tradeshow Networking

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The conference was officially kicked off on Friday morning with a highly entertaining, motivational presentation by corporate trainer and consultant, Kit Grant. A ‘standing room only’ crowd of over 400 was treated to Kit’s fast paced humourous program which provided participants with tools and techniques to build stronger relationships. Additional outstanding educational sessions rounded out the conference featuring such timely topics as: Should Our Condominium Be Installing Smart Meters?, Sister Snits – Avoiding Shared Facility Warfare, A Swing and a Miss – The Condo Act Five Years Later, In the Real World of Condos, Good Senses! Good Neighbours!, You Get What You Pay For and Developing Board Relations amongst some of highlights.

10th Annual AC

CCI National Chairman, Peter Leong and CCI Toronto President, Janice Pynn present John Oakes, President of Brookfield Residential Properties Ltd. with a plaque in recognition of receiving his FCCI designation.

CCI National President, John Peart a President, Kim Coulter, present the prest the best Chapter newsletter to Mario D Public Relations Committee and CCI Tor the Toronto Chapter publication, Th

The wrap up luncheon and closing session: “The Final and Authoritative Word – The Year’s Review and Case Law Update”, moderated by Mario Deo, definitely closed the conference on a high note. A panel of national lawyers debated and discussed many of the more interesting and controversial condominium court cases over the past year.

Sit-down dinners throu

A warm thanks goes out to all delegates, speakers and sponsors, as well as our conference partner, Rogers. Mark your calendars now for next year’s conference taking place on Friday November 2nd and Saturday November 3r, 2007 at the Doubletree International Plaza Hotel.

CCI Toronto President, Janice Pynn and ACMO President, Harold Cipin, cut a cake celebrating the 10th Anniversary of the joint CCI/ACMO Condominium Conference.

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Delegates visit the sold out trade sh the latest products and services for

ACMO/CCI-T Condominium Conference

Peart and CCI Golden Horseshoe e prestigious Penman Smith award for Mario Deo, Chair of the CCI Toronto CCI Toronto President, Janice Pynn for ation, The CondoVoice magazine.

Andrea Robinson (2nd from right) was the winner of the 42” Plasma TV donated by conference partner Rogers. The prize was presented at the closing session of the conference by (L-R:) ACMO President, Harold Cipin; CCI-T President, Janice Pynn; Rogers Rep, Adam Newhook; and (far right) ACMO Vice President, John Damaren.

Moderator, John Warren (at podium) is joined by panelists (seated L-R) Ray Mikkola, Paul Belanger and Dawn Flood, at the “You Get What You Pay For” session.

s throughout the conference offered many opportunities to network and catch up with old friends.

ade show, getting information on ces for the condominium industry.

Paul Grucza, CAI Past President and guest speaker at this year’s ACMO/CCI Conference visits with CCI-T Education Chair, Gina Cody and CCI-T President, Janice Pynn at the National Awards dinner held November 3rd.

Mario Deo moderates the Legal Case Update – one of the conference highlights!

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Creating a Conservation Culture for Condos BY YVES LEMOINE, P. ENG TORONTO HYDRO ENERGY SERVICES

he Ontario Power Authority’s Conservation Bureau has challenged Ontarians to reduce their electricity use by ten percent by the year 2007 and we’re on the right track. According to Peter Love, Chief Energy Conservation Officer for Ontario, through the first eight months of 2006 Ontarians had used about 2.5 percent less electricity than they did over the same period the previous year (Globe and Mail, November 9, 2006). Condominium corporation boards, along with condo owners themselves, can help build this new culture of energy conservation. At Toronto Hydro Energy Services, we help our clients reduce their energy consumption and achieve sustainable energy savings. Today, of course, costs for electricity and fuel are rising and it’s important for all of us to examine how much we spend on energy and also how efficient that spending is. As a previous condo owner myself, I have a strong personal interest in this issue. 26

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However, there are challenges specific to condominiums in building this energy-conservation culture. An individual unit in a complex is somewhat isolated in terms of overall energy use in a building. Even if an individual unit owner tried implementing every energy-saving and energy-efficient idea, they wouldn’t know how much impact

they had in the bigger scheme of things, because many condo units are not individually metered and they don’t receive electricity and natural gas bills every month. This is particularly true for high rise condominium buildings. The energy bill for a building comes monthly and is seen only by the property manager and the board of directors. If a unit

owner attends the Annual General Meeting they may see this information — but months after the fact, and the impact of just one unit would be so small that it may not have any quantifiable impact. Individual condo owners need tools with which to have a measurable impact. Newer technologies like controllable thermostats for the individual unit are coming; the thermostats are connected to a Wide Area Network and give you control over energy management in your own unit. These new thermostats also have the ability to cycle the air conditioning on and off so it doesn’t need to run constantly throughout the summer, further reducing energy use. Studies done in multi-unit residential buildings where the units are not individually metered show that the overall energy wasted is significant — between 15 and 25 percent! If residents knew how much energy they were using, it would convince them to take action to reduce their usage. Leaving

lights on and using inefficient incandescent lamps instead of compact fluorescents all affect the level of the energy bill. This wastage is shared by all the residents in the building, so it means that while some residents may try to do the right thing by being more efficient, their actions are wiped out by the residents who are wasting well above the

30 percent overall average of energy wasted in their buildings. In terms of electricity and heat for the common areas and systems such as boilers for heat and hot water and chillers for central air-conditioning, a typical condominium building can realize savings of 15 percent a year through energy efficient upgrades and improved operations and advanced control of these systems. That savings can translate into about $300 / condo unit per year in savings –reducing the pressure by condo boards to raise condominium fees to pay for high energy bills. We’re only talking about electricity and heat for the central systems of a building, never mind inside the unit itself and the actions that individual tenants take. Add that component and those savings can easily double if the unit owner wants to be part of the solution and reduce their energy wastage. There are many good ideas one can implement in a condominium. For example, turn down the thermostat by two degrees Celsius in the winter and

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The big challenge in condominiums with regard to implementing energy-conservation ideas, is to have individual control over metered energy use. up by 2 degrees in the summer. When washing dishes, fill the sink up with water and turn the tap off, as opposed to keeping the water running constantly and if you have a dish washer, use it after 8 pm to avoid the peak energy use period where electricity costs are highest. Use lights only when and where they are needed and convert existing lights from incandescent bulbs to compact fluorescent bulbs, which are 75 percent more efficient. Do all these things and you’ll be contributing to the 20 to 30 percent energy savings potential for the building. Another thing condo boards of directors can do is install better and more efficient central heating, hot water and cooling systems and improved common area lighting. Energy management companies can provide a complete building assessment of these systems with a detailed cost-benefit analysis, for evaluation by the condo board. They will also provide a guarantee for the energy savings and report back quarterly on the actual energy savings being achieved from the upgrades, which will demonstrate how efficient the building has become and will help to remove any doubt and financial risk from the board. We can also arrange for project financing and structure the payments so that the monthly energy savings are greater than the finance payments, ensuring that the benefits of the project are realized immediately on the condominium’s cash flow. For condo owners who may be moving to a new dwelling, consider a building with a Building Automation System. This technology links various sites in the complex with a common

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computer system. It allows for centralized control of energy management and energy access from a computer for prompt response by the property manager to any problems that may develop. Also, look for buildings that have individual metering, so you are paying for your own energy rather than having the energy costs as part of the condo fees. This ensures that your condo fees are not subsidizing the energy wasters in the building. The big challenge in condominiums with regard to implementing energy-conservation ideas, is to have individual control over metered energy use. With the technologies coming out now for metering in the individual suite, industry experts are optimistic that real savings and efficiencies for condominiums are just around the corner. In fact, Toronto Hydro Energy Services has worked with many condominium complexes that have achieved significant savings already. Let’s have a look at two of them — Windfield Terrace and Lotherton Condominium. Windfield Terrace is a low-rise development with 358 units in the Toronto suburb of Don Mills that

underwent a complete energy-efficiency makeover. Our job was to make recommendations and help them implement a comprehensive energy-efficiency retrofit to improve both energy efficiency and energy management. Aging equipment like boilers, domestic hotwater heaters and lighting were all upgraded for greater energy efficiency. As well, exhaust fans in the parking lot’s garage, which had been regulated by an outdated timer system and were often running continuously, were switched over to CO sensors to ensure that the fans brought in outdoor air only when it was needed. The board of directors at this particular complex had made a long-term investment to replace gasfired heating units serving the corridor supply fans with glycol-based heating coils, which heats incoming air in winter and chills it in summer; this was a good idea that improved energy efficiency and comfort levels. Another idea still was installing the Building Automation System, which linked the two buildings in the complex and the recreation centre into a single common computer system. What was the result of all this? Windfield Terrace North achieved savings of over $63,000 a year in energy costs with a payback in just over five years. Windfield Terrace South achieved savings of $57,000 a year in energy costs with a payback in five years flat. That’s a total of $335 per unit per year in energy savings, which reduces pressure on raising condo fees. Lotherton Condominium in Toronto is another good example of

what can be done. It involved four high-rise buildings with 632,000 square feet. Four old boiler plants were replaced with new energy-efficient boilers that prolonged the life of the remaining boilers and reduced the need for maintenance in the first few years. A Building Automation System was installed for this complex for better control of loop temperature, thereby reducing energy usage. Lotherton Condominium achieved savings of $141,000 in energy costs per year with a payback of 3.3 years. What’s more, the energy makeovers at both Windfield and Lotherton were achieved with little or no disruption to residents while all these changes took place. The natural frustration for any condominium owner is that they may very well want to do something about energy conservation, but they also want to know that they’re having an impact. Not being able to measure how much you save or how much more efficient you are can be a potential deterrence to jumping on the bandwagon of energy conservation. But this doesn’t have to be. The awareness level about this issue is getting higher all the time, the government is on board and acting in a leadership role, and boards of directors of condominium corporations like Windfield and Lotherton have already done something. Others would be wise to look at the options and consider the possibilities.

Yves Lemoine is Vice-President of Engineering and Business Development at Toronto Hydro Energy Services, a professional energy services company focused on helping businesses, property managers, commercial and industrial facilities, institutions and government reduce their energy consumption and realize sustainable energy savings. Toronto Hydro Energy Services is committed to energy conservation and renewable clean energy initiatives.

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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

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GST

– to Deregister or not to Deregister

…That is the Question

BY GLEN MACMILLAN

or several years now, commercial and residential condominium corporations have registered for and collected GST on their GST taxable revenues where their annual taxable revenues exceed the small supplier threshold for nonprofit organizations of $50,000. GST registration is widely accepted in the condominium industry as a necessary and important part of running a condominium corporation, particularly in light of the personal liability risks facing directors of condominium corporations that fail to comply with their GST obligations. Articles have appeared recently suggesting condominium corporations consider deregistering for GST on the basis of a 2004 court decision between

Canada Revenue Agency (“CRA”) and Condominium Plan No. 9422336 (“9422336”). This case involved an Alberta commercial condominium corporation assessed for failure to collect GST on condominium fees from unit owners. 9422336 successfully argued it acted only as agent for the unit owners and GST should not therefore apply to the charges made to unit owners. We have concerns with placing too much importance on this decision. This case was heard under the Tax Court of Canada’s Informal Procedure. Decisions made under Informal Procedure are binding only on the taxpayer in question and may not be treated as authoritative or precedent setting for other cases. Informal Procedure operates as its name suggests – infor-

mally – where taxpayers may appear personally or by agent, and at the hearing the court is not bound by any legal or technical rules of evidence. Informal Procedure is followed to resolve appeals as quickly and informally as possible since the court does not have to adhere strictly to all technical rules of evidence. Informal Procedure is sort of like the Tax Court of Canada’s version of a small claims court. Though this decision is not authoritative, one might still ask whether, assuming the court’s reasoning was sound, condominium corporations should deregister for GST. In our view, the court’s reasoning was not sound. An important part of the court’s decision appeared to rest on a continued …

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flawed analysis of whether 9422336 was carrying on a “commercial activity”, as defined in the Excise Tax Act, and therefore required to collect GST. The court cited the definition of commercial activity as “a business carried on … other than a business carried on without a reasonable expectation of profit …”. Apparently based on this reading of the definition, the court concluded 9422336 did not engage in a commercial activity because, as a non-profit organization, it had no expectation of profit. It is not clear to us what this finding was based on, given that the reasonable expectation of profit test only applies to a business carried on by an individual, personal trust, or a partnership of individuals. For corporations, it is not relevant whether a business is carried on with a reasonable expectation of profit. And the term “business” is broadly defined to include “an undertaking of any kind whatever, whether the activity or undertaking is engaged in for profit…”.

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Little should be taken from the fact that CRA did not seek a judicial review of this decision. CRA often does not contest issues beyond Informal Procedure largely because the circumstances under which a judicial review will be granted are quite narrow, the amounts of tax in dispute are typically small and Informal Procedure decisions are not authoritative. Unless a condominium corporation is seeking to become CRA’s test case in a precedent setting tax court, it is our advice condominium corporations should maintain their GST registrations and continue to collect GST where applicable. We will continue to monitor developments in this area. Glen MacMillan is the tax partner at Adams, Masin & Tilley LLP, Chartered Accountants. The firm provides audit, tax and accounting advice to over 200 condominium corporations. He can be reached at 416-502-2201 or gmacmillan@amtca.com.

For 30 years, the Percel Inc. Team of professionals have been building trust with their clients by dedicating themselves to providing their clients with the very best in personal and professional management services.

TARION CUTS PURCHASERS A BREAK BY J. ROBERT GARDINER AND WARREN D. RAGOONANAN There is some welcome news for new condo buyers. Over the summer, the Ontario Government enacted changes to the regulations under the Ontario New Home Warranty Plan Act (“ONWHP Act”) expanding ONWHP liability limitations. The ONWHP scheme is supposed to be consumer protection legislation enacted to force vendors of newly built homes (including condos) to warrant the quality of the home’s construction. Its warranties are for the benefit of owners who first acquire the home for occupancy (effectively denying ONWHP assistance to buyers of resale homes in most cases). ONWHP is administered by the Tarion Warranty Corporation. New-home builders and vendors are required to register with Tarion, who in turn charges them various fees used to maintain a Guarantee Fund. If an owner finds a construction defect or suffers some other loss covered by the scheme, he/she may be eligible to make a claim to Tarion for compensation out of the Guarantee Fund.

Unfortunately the ONWHP scheme has many developer-friendly loopholes because ONWHP warranties have a number of exclusions (see Chapter 13A of Beyond the Condominium Act by J. Robert Gardiner) and Tarion is a developercontrolled organization. Engineers and condo-lawyers often note that Tarion building defect conciliations often result in lower net dollar recovery than litigation or the threat of litigation. Also ONWHP claim deadlines are tight. Some claims, like those for delayed closings or Building Code violations, must be made in as little as one year (although a two year limitation period applies for Building Code health-and-safety violations and certain other “Power Train” items). The longest deadline is allotted to major structural defect claims which must be submitted within seven years. In all cases, the clock starts ticking from the date the vendor-issued Certificate of Completion and Possession for the new home is signed by the purchaser. New changes to the ONWHP reg-

DONNA SWANSON ACCI, FRI

Real Estate Brokerage

ulations address Tarion’s limitation of liability on claims out of the Guarantee Fund. Now, the maximum amount payable by Tarion to an owner has been increased to $300,000.00. However, the owner is only entitled to this new increased claim limit if he/she has taken possession of his/her condominium dwelling unit after July 1st, 2006. Otherwise the lesser limits apply. If an owner takes possession before July 1st, 2006 and signed his/her agreement of purchase and sale on or after September 1st, 2004, the claim limit is $150,000.00. For earlier home purchasers the claim limit is $100,000.00. The changes officially came into force on July 1st, 2006 and are set out in section 6 (4) of Ontario Regulation 892 (Administration of the Plan) made under the ONWHP Act. * Warren D. Ragoonanan is an associate lawyer and J. Robert Gardiner is senior partner in the law firm of Gardiner Miller Arnold LLP, a firm practicing condominium law in Toronto.

For your Real Estate Needs call: 416-515-2121 • Real Estate Broker - specializing in Condominium Sales since 1982 • Current condominium owner, Past Director & President of Condominium Corporation • ACCI - An Associate of the Canadian Condominium Institute • Past Director of Toronto Chapter of CCI • FRI - Fellow of the Real Estate Institute of Canada and current Director of Toronto Chapter of REIC

Email: donnaswanson@sympatico.ca

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Member News

2006 Annual General Meeting – CCI Toronto The CCI Toronto Annual General Meeting was held on Thursday November 23rd at the Novotel North York hotel. As in the past, a Wine and Cheese Reception followed the meeting and provided a wonderful networking forum for members to mingle with the Board of Directors in a casual atmosphere. Also, as in the past, the meeting also served as a forum for the Annual Awards Ceremony. The Condominium Newsletter of the Year Award for 2006 went to MTCC #595 – ‘The Manhatten’ and Board representatives, Gerald Hess, Mario Deo, Dave Churchill, Mike Wychara and Janice Pynn were on hand to accept their award. Ambassador Program awards were also handed out that evening by President, Janice Pynn and Membership Chair, John Warren. Recipients Bill Thompson and Bob Girard were in attendance to receive recognition and rewards as Silver Level Ambassadors for the recruitment program. Recognition was also provided to Gold Level Ambassador Tom Park and Bronze level recipients, Simone Richards, Lingam Kularatnam, Richard Elia and Nathan Browne who unfortunately were not able to attend the meeting. Treasurer, Bob Girard, presents the annual financial report to members.

Bill Thompson receives a Silver Level Ambassador award for his efforts in recruiting new members.

Past President, Bob Gardiner, accepts a token of appreciation upon his retirement from the Board.

CCI-T Director, Vic Persaud presents the Website Committee report at the Toronto Chapter AGM.

CCI-T Directors Henry Cohen and Bob Girard at the Wine and Cheese Reception which followed the AGM.

CCI-T President, Janice Pynn Chairs the Annual General Meeting and presents the annual President’s Report.

Newly elected Director, Brian Horlick, addresses the audience at the Annual General Meeting.

Representatives of MTCC # 595 accept the Newsletter of the Year Award. (Left to Right: Gerald Hess, Mario Deo, Dave Churchill, Mike Wychara and Janice Pynn).

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New Members

Welcome to the Following New CCI Toronto Members Corporate Members

TSCC # 1768

DCC # 0148

YRSCC # 1040

YCC # 0405

NCC # 0037 PCC # 0077 PCC # 0304

Individual Members

PSCC # 0754

D. Capozzolo

PSCC # 0768

R. Griffith

TSCC # 1638 TSCC # 1657 TSCC # 1696 TSCC # 1725 TSCC # 1749 TSCC # 1752 TSCC # 1756

Professional Members Francesco Andreone Andreone’s Lawyers William Colucci Brookfield Residential Services Ltd.

Jack Eigenmacht Jack Eigenmacht Chartered Accountant

Sponsor (Trade) Members

Robert Mullin Smith Valeriote Law Firm

John Collie Rescue 7 Inc.

Sebastian Russo Sterling Karamar Property Management Frank Dodich Fengate Property Management Dean McCabe Brookfield Residential Services Ltd. Lily Yeung Connection Properties Group

Ravi Kanagasabey Arthur Fire Protection Inc. Daniel Shaw Duragrid Ontario Vlad Sladek E.J. Walsh Co. Gordon Sommerville Bark Busters Home Dog Training Dale Tidd Condo Club Canada

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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’s Corner

John Oakes Receives FCCI Designation CCI Toronto member and Brookfield Residential Services President, John Oakes, recently received the distinguished honour of receiving his FCCI designation – making him a Fellow of the Institute. John has been involved in the management of condominiums and rental buildings on a full-time basis for the past 30 years. He has served on the National Board of CCI, as President and Director of ACMO, and Director and member of the Institute of Real Estate Management (Toronto Chapter).

He lectured for many years in the twoyear Property Management Program at George Brown College, has served on the Property Management Advisory Committee of the College and was Chairman of the Legislative Review Committee that reviewed Bill 81 for ACMO. John has been very involved recently in representing CCI and ACMO before the Ministry with respect to providing input regarding the Regulations to Bill 21 – on Smart Metering. John is a regular lecturer for CCI in the Director's Basic Course and has taught Condominium Law Course at Humber for the past 4 years. John currently holds the position of President of Brookfield Residential Services Ltd. which manages 45,000 units in 245 condominium corporations and 42 shared use or recreational facilities.

Seasons Greetings The CCI-Toronto Board of Directors and staff wish to extend warm holiday wishes to all CCI-Toronto Members, Business Partners, Associates and Friends. The strong continued support these groups have lent over the past year has enabled the Chapter to continue its mandate of providing a forum and voice for the condominium industry. Kindly note that the CCIToronto administration offices will be closed for the holidays from Monday, December 25th through Monday, January 1st. The office will re-open on Tuesday, January 2nd, 2007.

Brian Horlick is Elected to the CCI Toronto Board of Directors At the Toronto Chapter AGM held on Thursday November 23rd, 2006, CCI Professional Member, Brian Horlick was elected to the Board of Directors. Brian has been successfully engaged in the practice of law for almost 20 years. He is a senior partner with the law firm of Horlick Levitt Barristers and Solicitors and practices extensively in the area of condominium law. Brian is actively involved in the condominium community and believes that education and knowledge are the cornerstones of a healthy and vibrant condominium industry. Brian is a regular lecturer for the Canadian Condominium Institute (CCI) Basic Directors’ Course as well as for the Humber College Registered Condominium Manager (RCM) Course. He is a contributor of articles on condominium law to ACMOTECH, ACMO Quarterly Report Condominium Manager magazine and The CondoVoice. Brian is a member of the ACMO Associates Executive Committee and is the Chair of the Communications and Website Committee. Born and raised in Montreal, when not practicing condominium law, Brian plays saxophone with the North York Concert Band, sits on the board of the Toronto Youth Wind Orchestra and is actively involved in charitable fundraising as a cabinet member for the annual Juvenile Diabetes Research Foundation Walk to Cure Diabetes.

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Upcoming Condominium Courses Home Ave (near Yonge St. and Mel Lastman Square). The cost for CCI members is $300 and non- members $400. To register 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.

CCI Toronto Condo 101 Course Saturday January 20th, 2007 9:00 a.m. to 12:00 p.m. Novotel Hotel North York 3 Park Home Avenue Visit the CCI Website at www.ccitoronto.org for registration details! CCI Toronto is pleased to announce the next date for the Condo 101 course. Since the course launch one year ago, the course has run three times and has been exceptionally well attended and well received each time. Due to this success and interest, the Education Committee has planned the next course date for Saturday, January 20th, 2007. The cost to attend is $60 for members and $95 for non–members. This 1/2 day course is designed to provide a quick focus on all of the topics that every Director should be aware of. It 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 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: Legal Insurance, Accounting, Management and Engineering and will be presented by a panel of Condominium Experts including an Engineer, an Accountant, a Property Manager, and a Lawyer. To register 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.

CCI Toronto Advanced Course Tuesday May 8th, 15th, 22nd and 29th, 2007 7:00 p.m. to 10:00 p.m.

CCI Toronto Basic Course Wednesday February 21st, 28th, March 7th, 21st, 28th and April 4th, 2007 7:00 p.m. to 10:00 p.m. Novotel Hotel North York 3 Park Home Avenue Visit the CCI Website at www.ccitoronto.org for registration details! 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 February 21st, 2007 and will continue on consecutive Wednesday evenings from 7:00 p.m. until 10:00 p.m. until April 4th, 2007. (no class during the week of March Break) 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

Novotel Hotel North York 3 Park Home Avenue Visit the CCI Website at www.ccitoronto.org for registration details! Designed for the dedicated condominium director, the CCI Advanced course will run for four consecutive Tuesday evenings from 7:00 p.m. to 10:00 p.m. beginning May 8th, 2007 through May 29th, 2007. Upon completion of the course, participants should understand all aspects of reserve funds, major repairs and replacement, financial management, common problems and solutions, legal responsibilities… and in the last session, learn about mediation/arbitration and the new enforcement remedies available under the Condominium Act, 1998. 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 $200 and non- members $275. To register 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.

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PM Expo 2006 – CCI Toronto was There! The 18th Annual PM Expo ran this year from November 29th through December 1st at the Metro Toronto Convention Centre. As Canada’s largest annual property management exposition and conference, the show facilitates the exchange of ideas, best practices, and product knowledge that provides attendees with strategies and cost effective solutions for managing and operating buildings. CCI Toronto was pleased to once again participate in the Educational segment of the show offering a session entitled: SMART METERS – COMING SOON TO YOUR BUILDING! The session, moderated by Dr. Gina Cody P.Eng, ACCI, FCCI explored the impact on multi-residential buildings of the new Bill 21 legislation requiring homes to be individually metered. Panelists, Jeff Jeffcoatt and Wilson Chan examined how the meters are going to be implemented and what steps should be taken now to prepare. Information was also provided to explain the concept of smart metering and the requirement for submetering in multi-residential condominiums, helping participants understand what is involved and how to achieve the goals with minimum disruption to the residents. Hardware and software installations were explained in simple terms and there was a question and answer period to ensure that everyone left with a comfort level regarding what the concept and implementation means to the condominium environment.

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Toronto Condo Show CCI Toronto recently participated at the Toronto Condo Show as one of more than 100 exhibitors at the first ever Condo Show aimed at Consumers. The show was the ‘brainchild’ of former CCI Toronto Vice President, Denise Lash who is also producing and hosting the TV show ‘MondoCondo’. The Toronto Condo Show ran from November 10th through 12th at the Metro Convention Centre and saw close to 10,000 condo consumers pass through the doors over the three day period. Traffic at the CCI Booth was incredible, with literally thousands of people stopping by the booth to pick up literature, information on upcoming courses or to purchase condo publications. In addition to the exhibit area, the show featured ongoing seminars throughout the weekend – most of which had standing room only attendance. Plans have already begun for next year’s show to be held on October 19th to 21st and CCI aims to once again attend the exhibit show. The MondoCondo TV show, for those who have not yet viewed it airs on CHCH TV on Saturday mornings at 10:00 a.m., on TV Tropolis on Saturdays at 9:30 a.m. and on Global TV on Sundays at 12:00 noon.

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Diversions & Distractions

CONDO WORD FIND agenda annual areas balcony board buy bylaw certificate common condominium constitution corporation fees fund general half landscape

laundry lawncare lawyer manager meeting members minutes parking patio president professional property proxy quorum regulations removal report

reserve sale selfmanaged sell space status superintendent Toronto unit visitor vote

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

www.ccitoronto.org Members are now able to view complete archived copies of the CondoVoice magazine.

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Check out the CCI Bookstore at

www.ccitoronto.org Resource material for Condominium Owners, Managers and Boards of Directors

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Total Security Solutions for Condominiums • • • • •

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

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

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

List of Advertisers ACMO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Adams Masin Tilley LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 A.R. Consulting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Atrens Management Group Inc. . . . . . . . . . . . . . . . . . . . . . . . .15 Bonita Residential Services Ltd. . . . . . . . . . . . . . . . . . . . . . . . 44 Brokers Trust Insurance Group Inc. . . . . . . . . . . . . . . . . . . . . .41 Brookfield Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Brown & Beattie Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Canlight Hall Management Corp. . . . . . . . . . . . . . . . . . . . . . . 41 Carma Industries Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 CCF Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Certified Clean Air Services Inc. . . . . . . . . . . . . . . . . . . . . . 12 Chubb Security Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Cochrane Engineering Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Construction Control Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 CPL Design Interiors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 D-Tech (Nexus) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Davroc & Associates Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Donna Swanson Real Estate Brokerage . . . . . . . . . . . . . . . . . .33 Downtown Electric Fireplace Company . . . . . . . . . . . . . . . . . .21 E.J. Walsh & Co. Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Enbridge Electric Connections Inc. . . . . . . . . . . . . . . . . . . . . . .4 Enerplan Building Consultants . . . . . . . . . . . . . . . . . . . . . . . . 46 Essential Landscaping Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Fine and Deo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Firenza Plumbing & Heating Ltd. . . . . . . . . . . . . . . . . . . . . . . 44 Gardiner Miller Arnold LLP . . . . . . . . . . . . . . . . . . . . . . . . . . 12 G4S Security Services (Canada) Ltd. . . . . . . . . . . . . . . . . . . . . 9 Gerald R. Genge Consulting Engineers . . . . . . . . . . . . . . . . . .36 GSA Property Management Specialist Inc. . . . . . . . . . . . . . . 30 Harris Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Horlick Levitt Barristers & Solicitors . . . . . . . . . . . . . . . . . . . 44 ICC Property Management Ltd. . . . . . . . . . . . . . . . . . . . . . . 30 Innofit Innovations for Fitness - Kinetic Solutions . . . . . . . . . .14 Innonet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 JCO & Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Les Consultants Ingenium (Condo Manager Software) . . . . . 38 M & E Engineering Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Maclaren, Corlett LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Malvern Condominium Property Management . . . . . . . . . . . 16 Maxium Condo Finance Group . . . . . . . . . . . . . . . . . . . . . . . 38 Metro Group of Companies . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Miller Thompson LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Morrison Hershfield Limited . . . . . . . . . . . . . . . . . . . . . . . . . 31 Ontario Screen Systems Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Percel Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Pro House Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . 22 Provident Energy Management Inc. . . . . . . . . . . . . . . . . . . . . 46 RBC Dominion Securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Rogers Cablesystems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Samuel Property Management Ltd. . . . . . . . . . . . . . . . . . . . . 12 Soundivide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 S.R. Wise Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Stratacon Group Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Summa Property Management . . . . . . . . . . . . . . . . . . . . . . . . 44 Suncorp Valuations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Toronto Hydro Energy Services . . . . . . . . . . . . . . . . . . . . . . . 2 TPMG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Vero Property Management Services Inc. . . . . . . . . . . . . . . . . 36 Waste Solutions Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Whiterose Janitorial Services Ltd. . . . . . . . . . . . . . . . . . . . . . .29 Wilson Blanchard Management Inc. . . . . . . . . . . . . . . . . . . . . 40

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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, TheCondoVoice, 2175 Sheppard Ave. E., Suite 310, Toronto, Ontario M2J 1W8, or cci.toronto@taylorenterprises.com

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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Parking Garage eck Maintenance Ch

scapers d n a L k o Bo

New Listings for Building 2

Call Elevator Repairman

Roof top Repairs

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