Condo News - Summer 2023

Here Comes the Judge... er Auditor General! [Opinion] A Look at the Industry from a Business Perspective!

Roof Truss Separation Anxiety

Top Planning Considerations for Parking Garage Restoration

Making Tough DecisionsTips to Assist Directors Communicate Legal Obligation

Construction Contracts from an Engineer’s Perspective

Updates to Elevator Reporting

Requirements: Focus on Safety and Accessibility

& Community Living –What does it mean to live in a Condo Community?

Continuing Professional Education for Condominium Managers

Q&A: Procedures, Harassment and Shared Facilities

COMMUNICATIONS COMMITTEE

Gail Cote Co-Chair Craig McMillan Co-Chair

Carole Booth Board Liaison

Paola Beci Gjata

Jeremy Nixon

Colin Ogg

Dave Williams

Tim Van Zwol

Jonathan Miller

Condo News

is produced 4 times per year

Summer Issue (July)

Deadline – June 15th

Fall Issue (October)

Deadline – September 15th

Winter (January)

Deadline – December 15th

Spring (May)

Deadline – April 15th

Articles of interest to condominium owners and directors are welcome. See details for submissions on page 50.

To advertise contact:

Golden Horseshoe Chapter of the Canadian Condominium Institute

Box 37, Burlington, Ontario L7R 3X8 Tel: 905-631-0124 | 1-844-631-0124

Fax: 416-491-1670

Email: admin@cci-ghc.ca

The authors, 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.

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.

From the President

FROM THE PRESIDENT

Sandy Foulds, RCM, B.A. GHC-CCI President

Ihope that everyone is having a wonderful summer and getting some R and R, however you choose to do so.

As I was about to start writing this report, I realize that this will be my last President’s report for the Golden Horseshoe. My term will be up at the Oct 18th AGM, where Richard Elia will take over as the new GH President.

It has been a very interesting two years. The Board and our committees pivoted very well to continue to provide our important education during the pandemic. Now that the pandemic hurdle has passed us and our education continues, some events are being held in person and some will continue to be held virtually, giving board members and managers different options to attend.

It has been a busy spring with a few more condo talks – Cat Cases in April; Managing Condo Commandos in April; Hoarding & Mental Health in May; Major Projects, Major Deficit & Major Squeeze and Summer Socials were both held in June. All were great topics and well attended events.

Our 8 part virtual ‘Ontario Directors Course’ had a great attendance. Our education committee is planning to do another one in the fall in person over 2 Saturdays. Stay tuned for more details.

The Professional Partners committee held a lunch and learn in late May on current trends in condos. They covered many great topics – cost increases, manager and board education, and window rebates.

If you have suggestions for other topics you would like to hear about, please reach out to us and we will share the topics with our committees. July and August are quiet months for the chapter, but rest assured that our committees are all busy planning events for the fall.

Our first fall event will be the conference on Sept 15th at the OE Centre in Oakville again. The trade show booths sold out very quickly. Great speakers and topics are planned. We hope to see you there. Please mark your calendars.

Effective July 1, Condo managers (GL’s) are required to obtain 10 Continuing Professional Education points for renewal of your CMRAO license on an annual basis. GHC-CCI is pleased to report that most of our activities are being approved for these CPE points including the conference in September where you can obtain 4 CPE points. Details on the list of pre-approved activities is found on the CMRAO website.

Golden Horseshoe Chapter of the Canadian Condominium Institute

Box 37, Burlington, Ontario L7R 3X8

Tel: 905-631-0124 | Toll Free 1-844-631-0124

Fax: 416-491-1670 | Email: admin@cci-ghc.ca

Website: Website: www.cci-ghc.ca

2022-2023 Board of Directors

PRESIDENT

Sandy Foulds, RCM, BA

PAST-PRESIDENT

Maria Durdan, B.A., LL.B., ACCI (Member Education Committee, Member Finance Committee, Member Ron Danks Award Committee)

VICE-PRESIDENT

Richard Elia, B.Comm., LL.B, LL.M (ADR) ACCI (Board Liaison Education Committee)

TREASURER

Alicia Gatto, CPA, CA, LPA (Chair Finance Committee)

SECRETARY

Will MacKay, CFP, CIM (Member Finance Committee)

BOARD OF DIRECTORS

Carole Booth, B.Ed., M.A. (Board Liaison Communications Committee, Member Education Committee, Member External Relations Committee, Member Governance/Policy Committee)

Sally-Anne Dooman, RCM (Member Education Committee)

Tom Gallinger, BBA, FCIP

Patrick Greco, B.A.Sc., LL.B. (Chair Policy & Governance Committee)

Diana Lawrie

Thomas F. Nederpel, B.Sc., PEng (Chair External Relations Committee)

Kevin Shaw, B.Tech (Arch. Sc) (Board Liaison Professional & Business Partners’ Committee)

Denis Theriault

In closing, I send my great appreciation to my fellow board members, all of the committee members and the many speakers at our events who are all volunteering a tremendous amount of their time to GH. Without your dedication we would not exist. Thank you to our many sponsors. Without you, we would not be able to put on our many events and at minimal or no cost to our members. And last but not least, thank you to Sherry and her team at Association Concepts. Our board depends on you to keep things on track and organized. We appreciate all of your efforts. I will be passing the President’s torch in a few weeks to Richard Elia. We all know that he will be a great chapter President.

Thank you.

Sandy Foulds, RCM, B.A. President, Golden Horseshoe Chapter of CCI

Dave Williams

Here Comes the Judge……er Auditor General! [Opinion] A Look at the Industry from a Business Perspective!

Ontario’s Auditor General completed an audit of the Condo Authority of Ontario as well the Condo Managers Regulatory Authority of Ontario in 2020. Apparently, it was just released in December 2022. It is 60 pages in length and does not paint a pretty picture of the CAO/CMRAO but also places some responsibility on the various participants in the condo sector.

It certainly seems to identify a “misalignment” amongst the various players in the sector versus what the CAO/CMRAO are tasked to accomplish. There are many moving parts here beginning with the resident/consumer, the condo boards, ACMO, the legal community, the property management companies, and the various CCI Chapters.

Let’s start at the Beginning

The Toronto Star of February 27th, 2023 featured an article by Jessica Bell and Tom Rakocevic entitled “Condo Sector needs improved oversight.” Here is the opening line: “This week the Ontario Legislature’s public accounts committee released a stern report calling for better consumer protections for Ontario’s 1.3 million condo residents.” The article continues but refers to the auditor general’s investigation as “scathing.”

Common problems identified were, poor building construction, delays in repairs, illegal short-term rentals, surprise hikes in condo fees, poorly performing property managers, and condo boards that don’t hold frequent public meetings or run free and fair elections.

Strategic Considerations

Everything always needs to start with strategy so why don’t we? Was the audit just a normal run of the mill for a government authority? Could be, or maybe the government wanted to check on the effectiveness of its investment in the CAO/CMRAO.

Here is another thought. Was the purpose of the audit to send a “wake-up” call to the industry? Possibly, and this is purely conjecture, but the industry may have been marching to its own drummer with little regard for the CAO, the Condo Act of 1998 and as importantly the consumer/resident.

Here is what the auditor concluded: “Ontario’s Condo Sector is poorly regulated and there is inadequate regulation and oversight over developers, condo property managers and condo boards.”

The Star article goes on to say “our offices (auditors) receive many

calls from furious, distressed, and financially strapped condo dwellers who are shocked to learn there is no effective regulator, tribunal, or government agency that can step in and help fix their problem.”

Some Condo Industry metrics from the Audit

n < auditor.on.ca/en/content/annualreports/arbyyear/ar2022. html>

n Estimated combined value of the condo sector is $300B, making up 890,000 units.

n These units are managed by 11,350 condo corporations.

n O ver 6000 ineligible condo directors sit on condo boards.

n 38% of Condo Corporations are in central Ontario.

n Initial developer-set condo fees are typically understated.

n The audit identified 316 individuals and 156 companies that did not hold licenses but were listed in the Condo Authority’s public registry as providing condo management services.

n These individuals and companies were providing condo management services to 713 condo boards and 44,000 units.

n 6012 or 26% of directors sitting on condo boards did not spend sufficient time on the training modules to understand their rights and obligations.

Disputes reported in the audit

Apparently there were 903 owners who responded to the Audit Survey. 62% indicated that they had disputes with other owners or their condo boards in the five years up to August 2020.

Top five disputes related to the following issues:

n Repairs to common elements (31% of 903 survey respondents

n Board Misconduct (29%)

n Common expenses and related condo fees (26%)

n Noise/odor/smoking (23%)

n Renovations of Common elements (23%)

Note: The percentages add up to 132% and while the audit does not explain the reason, we can assume that some respondents checked off more than one category.

So, the take-away here is that there may be training/education issues (or lack of) at board and property management level. Most of the above-mentioned issues are certainly management related. Another consideration might be lack of prior actual management experience.

Some of the issues, depending on the nature of them may be driven by insufficient funds to complete the work. This again leads to the question of inexperienced management.

Recommendations from the Audit

n Set standard terms and forms for key documents relating to the purchase of new condos.

n Require additional disclosure by developers of expected increases to common area expense (post turnover).

n Provide for increased understanding of properly funding “the Reserve.” Extend time covered by Reserve Fund Studies to 4560 years.

n Remove the current option of developers basing Reserve Fund contributions on 10% of operating expenses.

n Enforce that only valid license holders perform condo management services.

n CMRAO to track and summarize the types of actions taken and outcomes for all complaints.

n Monitor and confirm that condo property managers and companies follow the Condo Management Services Act of 2015

n Better educate boards of directors on carrying out their duties and increase compliance with the training requirement under the Condominium Act of 1998.

n To fulfil the above point, it is recommended that the Condo Authority of Ontario take specific steps to better inform/train directors on an ongoing basis.

n CAO to provide accurate, complete and useful information for

owners through the public registry.

n Allow Condo Authority to collect and publish relevant information aimed at the identification of condo corporations where non-resident directors or directors with commercial interests form the majority on board seats.

n Condo Authority to identify key areas relating to condo fees, repairs to common areas, board misconduct, reserve funds, commercial units where better condo owner protection is needed.

n Provide condo owners with appropriate access to important information and increase transparency of the operations of their condo corporations.

n Level the playing field at Tribunal level to ensure equal representation by parties to a dispute.

n Review and formally clarify the mandate of The Condo Authority of Ontario. Consider providing the authority with inspection, investigation, and enforcement powers. Also review authority’s performance measures.

n Provide better condo owner protection by regulating the sector similarly to other jurisdictions.

n So that the Condo Act of 1998 and regulations more effectively protect condo owners and purchasers, the Ministry should seek proclamation of the provisions that are not yet in force.

n Conduct a comprehensive analysis of the benefits of having one instead of two authorities.

n CMRAO to review and improve its performance measures.

Note: We have abbreviated the points made in the interests of space. We recommend that readers check the actual audit to read the points in their entirety as they are quite robust and important going forward.

Where does misalignment come into play?

In the second paragraph of the article we introduced this term. So what are we referring to?

First and foremost it is one industry. It is funded entirely by condo fees paid by condo owners/renters. The condo corporations are “not for profit”. The owners/renters elect a board of directors in each corporation to “manage the affairs” of the corporation. Key word is manage not necessarily control.

The board of directors can then decide to appoint a “property manager” to “assist” with the operation of the community/building. These duties can often include advice on the selection of various contractors (landscaping, plumbing, roofing etc).

A legal firm is usually retained to advise on legal interpretations of the act, probably municipal issues affecting the property, possibly questions raised by owners/renters of a legal nature. These firms usually specialize or have departments that specialize in Condo Law. As such it is rare to find a firm that is interested in representing owner/renters.

A CPA is retained to perform annual audits and attend the annual meeting to provide a report on the finances of the community/building.

A couple of additional players in the industry would be the Association of Condo Managers of Ontario (ACMO) and the various chapters of the Canadian Condominium Institute (CCI). The latter is an infor-

mal association of contractors, legal firms, engineering firms, and landscape companies, all providing services to the condo industry. It is likely that both groups are also effective lobby groups to the CAO/CMRAO and government.

That said, it is only natural for each group to have their own interests and agendas at play. Whether these interests are aligned with the best interests of condo owners may be at question. To be fair, within the CCI there does seem to be a good exchange of ideas. Through videos and live chats, the CCI does offer condo education to owners/renters. The participants in these videos are usually chapter members and very often the same people all the time. This can be problematic in terms of exercising new ideas or needed change.

The bottom line here is that there is nothing to tie the efforts of all the different players into a common set of objectives that will move the in-

dustry forward to the benefit of the people who pay the bills…….the condo owners. Additionally, the CAO/ CMRAO were commissioned to offer various services to the industry, the most important of which is consumer protection which appears to have been “lost in the shuffle.”

Why would this be important? Industries need to “evolve.” For years General Motors, Ford and Chrysler built cars that they (the industry) wanted to build. The consumer went along not realizing that times were changing. The Japanese came along with a better mousetrap at a better price and swept the market away through better technology, improved fuel consumption, and more stylish while reducing size and weight factors. Still the big three resisted until bailouts were required.

So change is necessary. Willingness to change is always the first needed ingredient. When that is absent, governments tend to step in and legislate the change.

There is however a big “but” here. Governments now (after COVID), are debating just how heavy-handed they should be at least in terms of forcing change.

There is at this time a “big elephant” in the room and it is big.

The “Big Elephant”

Costs or rather rising costs are a huge determining factor in the condo industry today. The common elements are like your car; when it is new it requires little maintenance (spelled expense). However as it ages, more and additional monies need to be poured into it. Eventually, it goes to the scrap yard when these incremental monies no longer make sense. In the condo business, buildings cannot reasonably be scrapped.

The bottom line here is that there is nothing to tie the efforts of all the different players into a common set of objectives that will move the industry forward to the benefit of the people who pay the bills……. the condo owners.

Additionally, condo owners cannot reasonably be expected to pay unlimited monies to support rising monthly fees……..this is becoming more noticeable as we work our way through this period of inflation.

Contributing Behavioral Issues

It probably starts with folks being oversold on the benefits of condos. Buy, move in, and live worry free. Really? It is an oversell.

Worse still, the same folks tend to occupy their units remaining completely oblivious to the operation of the condo corporation. Additionally, it is like pulling teeth to get most of them to show any interest in asking questions, familiarizing themselves

with financial statements, and for sure running for board positions. As a result, boards are often left to their own devices and very often do not encourage resident owners to step up and run for election.

Incumbent boards often strive to maintain control. They feel that it is the only way to keep fees low. There is an underlying thought that if the “Reserve Funds” are properly increased, they are merely financing the needs of future owners as opposed to themselves.

It is short term thinking because new people coming to any board will bring new and fresh ideas. They bring varying backgrounds and experiences that can serve the condo well as it matures.

We will bring forward some solu-

tions (suggestions) from other jurisdictions (countries) in the fall edition so stay tuned.

References:

Value for Money Audit - Condominium Oversight in Ontario. Office of The Auditor General for Ontario

Condo sector needs improved oversight. Toronto Star Feb 27th, 2023.

Jessica Bell and Tom Rakocevic NDP, MPP, Ontario Legislature.

Thanks also to Andrea Khanjin MPP Conservative, Ontario Legislature and Jessica Bell for informal chats on the subject.

Dave Williams is a retired business executive and graduate of York University. We invite readers to contact us expressing any views or criticisms they may have. Dave can be reached at <williamsdavem7@ gmail.com>

Stephen MacDougall, P.Eng. Brown & Beattie Ltd.

Roof Truss Separation Anxiety

When was the last time you looked in your attic? If you said “never”, you’re not alone. Attics are dark, uncomfortable places, usually with access hatches hidden away in overstuffed bedroom closets. And what is up there to look at anyway? It’s not like the roof trusses are going to fall apart, right? But that might not always be the case. A chance inspection recently revealed that the metal plates used to secure the roof truss members together at one townhouse development had significantly separated from the wood, leaving the trusses structurally compromised and at risk of collapse.

The keen eye of an Engineer completing an inspection of an attic space to check for potential roof ventilation issues as part of an asphalt shingle roofing assessment uncovered that some of the metal roof truss plates had separated from the wood. This led to the reviewing of additional attics where the problem was found to be widespread throughout the townhouse development. But let’s back up. What is a truss plate and why do I care if it separates?

Traditionally, sloped roofs on houses included conventionally framed roofs consisting of sloped wood rafters supporting the roof surface and horizontal ceiling joists supporting the ceiling. With this construction, the larger the span, the larger the lumber used. Houses are still being constructed with these roofs today; however, starting in around the 1970s, prefabricated wood roof trusses became more popular. Wood roof trusses consist of top and bottom “chords” and interior “webs”, usually constructed of 2x3, 2x4, or 2x6 lumber, forming a truss shape. They are designed and preassembled in a factory to match the desired size and shape of the roof, before being delivered to the site where they are lifted in place once the exterior walls have been constructed. This process is well suited for complex roof geometry as well as higher production homebuilding and has been widely adopted by builders of large townhouse developments.

With a wood truss, the individual wood members are secured to -

gether with galvanized steel truss plates which have punched teeth that are intended to be permanently pressed into the sides of the truss at the time of fabrication. These truss plates are sized to meet the loading requirements of the joints and when properly installed can provide incredibly high strength connections. Roof trusses, by their nature, are an extremely efficient use of materials; however, as a result there are no redundant members or connec -

tions. The trusses rely fundamentally on the inter-connection of all their members; the absence of which compromises the strength of the entire truss.

The truss plate teeth are relatively short (in the order of 8mm or 5/16” long) and are required to be fully embedded, with the plate tight to the face of the wood to achieve the intended design strength. The Truss Plate Institute of Canada requires that all teeth of each connector plate be completely embedded in each wood member. Truss plates that are separated from the wood, resulting in an embedment gap equal to or greater than 1.6mm or 1/16”, are considered ineffective from a design perspective.1 This combined with the critical nature of each connection means that the separation of even a single truss plate can significantly reduce the structural capacity of the entire truss assembly. In a number of cases involving large agricultural buildings, the separation of enough truss plate connections has led to widespread structural collapses. So yes, the separation of even a few truss plates from the wood is a big deal!

1 Truss Plate Institute of Canada TPIC 2019. G.4.1.6 Tooth Embedment Gap (https://tpic.ca/wp-content/uploads/2019/06/tpic_2019.pdf)

But if the truss plates are permanently pressed into the sides of a truss when the truss is built, how do they separate from the wood? Truss plate separation can be related to issues during truss transportation or installation, such as if the trusses are excessively bent out-ofplane, applying unintended loading on the connections. In the case of this townhouse development, the separation appears to have been a result of inadequate initial drying of the wood, resulting in excessive dry shrinkage after fabrication. The wood truss members included widespread checking (surface cracks) and the members where the truss plates were most separated were significantly twisted, due to stress from uneven shrinkage of the wood. This dry shrinkage appears to have essentially squeezed the truss plate teeth to the extent that they partially withdrew from the wood, with further separation occurring where the members twisted out of alignment.

The service conditions within the attic space likely also contributed to progressive truss plate separation due to changes in moisture of the wood. The attics included poor exterior ventilation combined with discontinuities in the ceiling air and vapour barriers. These conditions,

which are not uncommon in older townhouse developments, resulted in excessive condensation moisture exposure during the winter months and high attic temperatures during the summer. Over the life of the townhouse development, the seasonal moisture and related expansion and contraction cycling of the wood likely contributed to progressive truss plate separation.

Modern quality controls with truss fabrication, improved installation practices, along with better attic moisture management can help to prevent this type of truss plate separation from starting; however, what happens when the damage is already done? An individual truss plate connection can usually be repaired with the use of properly designed plywood gusset plates using conventional nails. However, doing so is relatively labour intensive and the thought of repairing even a few plates on each truss throughout a townhouse development is daunting.

In some cases, if the number of repair locations is high enough, the roof sheathing is mouldy, and the

shingles are in poor condition, it may be more cost effective to completely replace the roof! Of course, replacing the roof structure, even on a single townhouse unit is a huge undertaking; however, given the structural implications of ignoring the issue, the decision may need to come down to what can be done before the winter snow arrives.

Ultimately, truss plate separation, though relatively uncommon, is not the type of issue you want to find out about once the trusses have already started to fail. So, it might be a good idea to have an inspection of that attic space to see just what might be lurking up there.

Stephen MacDougall is a licenced Professional Engineer and Principal Forensic & Structural Engineer at Brown & Beattie Ltd. where he has worked for the past 14 years. He specializes in the assessment and repair of buildings damaged by a wide range of events from leakage to structural collapses, explosion and fire damage, along with vehicle impact and extreme weather. He and his colleagues help Condominium Corporations and Insurance Companies determine the cause and best course of action to address structural and building envelope related failures.

Ultimately, truss plate separation, though relatively uncommon, is not the type of issue you want to find out about once the trusses have already started to fail.

Hearthstone by the Lake

HCC #377...One of Burlington’s best kept and most beautiful condominium properties.

Nestled among towering maple and oak trees and blossoming gardens with spectacular views of Lake Ontario, is one of Burlington’s best kept and most beautiful condominium properties, Hearthstone by the Lake.

If you have lived in Burlington for any length of time, and perhaps you are of a certain age, Friday night fish and chips at the Pig and Whistle probably means something to you. As with everything time marches on and although those Friday nights are no more, one building remains on the site. Many may not know that the legendary original heritage building still stands and proudly continues to serve as a community gathering place for the homeowners of Hearthstone by the Lake. Not only does Hearthstone by the Lake share its 5 acres with the original Pig and Whistle heritage building, but this spectacular Condominium has so much more to offer its homeowners.

Hearthstone offers a unique condominium corporation experience where homeowners enjoy a contracted service agreement with the “Clubhouse” which provides specialized services focused on retirement living. These include an in-house full-service restaurant, library and games room, swimming pool, wellness center, in suite housekeeping and handyman services and also 24-hour concierge/security service. All homeowners are required to become members upon purchasing a unit, and the Clubhouse fee collection is part of the Condominium Corporation’s responsibilities.

This arrangement can present some unique challenges to the Board of Directors that most Condo Boards do not experience. Along with the normal day to day operations, the Board must also work within the contract the Clubhouse has with the Condo Corp and the Homeowners. The Clubhouse also has ownership of suites in the building. With nearly 50 clubhouse staff on site, this again presents a unique situation and a great deal of challenges for the Board of Directors.

Built in 1999, Halton Condominium Corporation #377 is a 174-unit, 2 building, condominium corporation that specializes in retirement living, but it is not a retirement home.

Along with the Property Manager (part time on site), the Board of Directors has met some of the challenges of this unique set up by having a full time mechanical/maintenance company that provides an onsite manager and staff on site full time and available 24/7. The Board has shared a relationship with this Company for nearly 20 years offering continuity, familiarity and confidence to all the Homeowners.

Working closely with the Board their role is to keep every aspect of mechanical maintenance, fire safety training, emergency training, all safety issues and building maintenance running smoothly. This includes, but is not limited to, all mechanical systems (heat pumps, all environmental equipment, and keeping homeowner’s investment safe) common area housekeeping, janitorial duties (garbage and recycling, painting, repairs) along with managing the gardens and grounds. Our full time maintenance company also addresses more critical situations such as floods, fires and infection control which was paramount during the Covid 19 pandemic.

It is worthy of noting that during the Covid Pandemic there were no outbreaks at Hearthstone by the Lake due to the systems put in place and the cooperation of the Homeowners, families, the Clubhouse Staff and the Board of Directors, Property Manager, and the on-Site Management. We are proud of this huge accomplishment.

One of the greatest challenges, focus and purpose of the Board, is to ensure the safety and enjoyment of the Residents of Hearthstone. To promote health and wellbeing, social and economic support while ensuring that privacy and dignity are upheld for all. Inside this condominium you would never know that

24 hour nursing care was being provided to many Homeowners.

In addition to all of this, as in all Condos, it is the responsibility of the Board to ensure that all 50 staff are trained in fire safety, and work closely with the Burlington Fire Marshall to ensure that every aspect of fire safety requirements are met or exceeded. A very critical role carried out by the Property Manager and the On-site Maintenance staff. Other safety training of the staff includes detailed training in a very specific Emergency Plan manual written for the unique operations at Hearthstone. Every employee must be fully trained before they start their first shift. This policy is a joint agreement with the Clubhouse that is strictly enforced by the Board.

For those looking for a comprehensive and unique retirement experience Hearthstone by the Lake seems to tick all the boxes.

The dedication of the staff, Management, Board of Directors, On-site Manager and Property Manager ensure that the needs of all homeowners are surpassed and that life on the Lake is as enjoyable as possible.

Nestled among towering maple and oak trees and blossoming gardens with spectacular views of Lake Ontario.

Tim Van Zwol, M.Sc. P.Eng. RJC Engineers

Top Planning Considerations for Parking Garage Restoration

On a list of big-ticket items, few property expenses stand out more than a parking garage restoration. It is imperative for managers and owners to consider their options and ensure they have a solid game plan before and during any parking garage project.

Get the Real Numbers

It is common for property stakeholders to rely on a reserve fund study to budget for parking garage work. A reserve fund study can provide a ballpark figure and is helpful for long-term planning. However, a more comprehensive condition survey (completely shortly before the planned project) will provide stakeholders with the level of detail and repair quantities required, including a clear idea of what work is needed and will reveal the true anticipated cost.

A comprehensive survey provides the granular detail required to produce accurate tender drawings/specifications and repair quantities that are tailored

toward addressing the current condition of the parking garage. When it comes time to tender the work, property stakeholders will know exactly what they are looking for.

Plan for Overages

Any successful plan must incorporate a contingency for the unpredictable, and the same rings true for any major parking garage repair program. That is why it is best practice to add extra room within a project budget to accommodate any surprises uncovered during construction. A good recommendation is to carry a 10% contingency allowance for this type of work in order to handle any unforeseen conditions that may arise.

Time Your Tendering

There are good times and costly times to tender a parking rehabilitation project. Around mid-summer, for example, most contractors will already have their year planned out and will be busy with current projects. As such, it is likely their quotes will not be favorable.

During the fall and winter months, on the other hand, is when contractors are typically planning for the year ahead. This can make a weatherproof project like an underground garage restoration more appealing, leading to bids that are more competitive.

Ultimately, whenever possible, it is advantageous to tender late in the calendar year or early the following year when contractors are trying to secure work for the upcoming construction season. Tendering in January and doing the work in August is better than tendering in July and then trying to start the work late in the summer/fall.

Have a Phasing Plan

In order to minimize disruption to owners, it is paramount to consider the full impact of the restoration and phase the work accordingly. Vehicles will likely need to be shifted around and offsite parking arranged, so having a phasing plan in place from the beginning is important.

It is also important to remember that work on one floor of the parking structure can impact the parking level below. If you have a multi-level underground parking garage and you want to do concrete repairs and replace waterproofing system on the P1 Level, for instance, you have to close the P2 Level directly below because you are going to be potentially chipping deteriorated concrete and removing protection for the cars below.

Phasing plans within the tender documents must clearly identify the requirements and extent of work within each phase.

Stay Vigilant

No matter how old your parking structure is, it is good practice to routinely assess its condition.

Managers and Owners need to keep up on maintenance and inspections, and that includes having the parking garage assessed by a structural engineer on a regular basis. If recommended maintenance work is ignored or put on the ‘back-burner’,there is a risk of opening up your tenants and residents to safety concerns.

Parking garage restoration projects are rarely cheap endeavors. However, with solid planning, accurate budgeting, and ongoing oversight provided by an experienced professional engineer, managers and owners will be setting the foundation for a smart investment.

Tim Van Zwol, M.Sc. P.Eng. Principal (Building Science & Restoration) at RJC Engineers.

Colin Ogg, RCM, LCCI Maple Ridge Community Management Ltd

Making Tough DecisionsTips to Assist Directors Communicate Legal Obligations

The Board of Directors has a fiduciary duty to act honestly, in good faith, and in the best interests of the condominium corporation. This duty requires the Board of Directors to make tough decisions that prioritize the long-term welfare and success of the community, even if these decisions may be challenging or unpopular.

There are many situations where the Board must make tough decisions that will have a direct financial and personal impact on all the owners and unfortunately that obligation is often unappreciated and negatively targeted. At times, this results in Board members hesitating to make important decisions, which in the long term will result in positive momentum for the corporations’ assets, for fear of upsetting the ownership who may not agree with the decision either based on a lack of understanding or a penny-wise and pound-foolish mentality.

For Board members to increase their confidence in their role when a tough decision is necessary, this article will assist with using the legal framework of both the Condominium Act and Directors and Officers liability coverage to effectively communicate to owners the duty of the Board and the obligation to act on their behalf in the best interest of the Corporation.

The common industry “joke” is that during the election for directors a candidate may say the maintenance fees will be lowered and they are usually elected. However, the sad truth is that owners are not educated enough on the legal obligation of Board members. As Patrick Greco, Partner at Shibley Righton LLP states, “As tempting as it can often be for a condominium director to run for election on a platform of reducing maintenance fees at any cost, such as by delaying a necessary major construction project, the role of a condominium Board, and of its constituent directors, is not to curry favour by making “popular” decisions. Under section 27(1) of the Condominium Act (the “Act”), it is to manage the affairs of the corporation which, pursuant to section 17 of the Act, include managing, controlling, and administering the property and assets of the Corporation and ensur-

ing compliance with the Act and the corporation’s declaration, by-laws and rules.”

Owners should therefore be using this criterion to elect directors and directors should be using this criterion to communicate to owners that they have the legal obligation to make decisions that at times may be unpopular.

Owners should also be educated on the fact that Directors must also follow the recommendation of a qualified professional. As Patrick Greco explains, “Section 37(1) of the Act makes very clear that every director and officer must act honestly and in good faith, and exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. Nowhere in that legal standard are duties to “make the decision that the most owners like” or “make the cheapest decision”. The easiest way to ensure that a director fulfills these duties is found at the very next section of the Act (s. 37(2)), which provides that a director shall not be found liable for a breach of those duties if they rely, in good faith, upon a report or opinion of a lawyer, public accountant, engineer or other qualified professional.”

Section 37(2) is often overlooked by owners because they have a

friend who knows better, or they can google a better way to resolve an issue. While it is fully reasonable to utilize outside resources to complete a list of questions to ask these qualified professionals, if not followed the Board may risk losing their Directors and Officers insurance coverage.

Tom Gallinger BBA, FCIP, Senior Vice-President of Atrens-Counsel Insurance Brokers expands on this, “Condominium corporations have an obligation to carry D&O insurance to protect the condo as well as the directors and officers from wrongful acts, errors or omissions of those directors that may result in financial loss to a third party. When directors are making decisions, they should also make sure they are complying with any insurance policy provisions to ensure they have protection in the event a related lawsuit should arise. The Condominium Act lays out the requirement to purchase D&O insurance but also specifies that it is only to protect directors who are acting honestly and in good faith.”

Patrick provides the real-life example of a major construction project. “In most cases, the Corporation is tasked with the maintenance and repair of the common elements. The Board must rely on the advice of a licensed engineer to determine what work must be done (and how and

...a director shall not be found liable for a breach of those duties if they rely, in good faith, upon a report or opinion of a lawyer, public accountant, engineer or other qualified professional.

when) in order to keep the property safe and avoid further degradation. A Board that ignores this advice or “opinion shops” until they eventually find an engineer who tells them what they want to hear is not only failing to fulfill their legal duty, the directors are putting themselves at risk of personal liability.

Section 38 of the Act provides that any indemnification of directors and officers in a corporation’s bylaws will not protect someone who has breached their duty to act honestly and in good faith.”

Being mindful of these two important facts will further assist directors to communicate that the Condominium Act requires owners to act in good faith and they can do so by relying on the opinion of qual-

Getting to know

ified professionals and the failure to do so may result in personal liability against them.

As owners are educated in the responsibilities of the Board of Directors by communicating the legal obligations, members of the Board should feel more confident in their ability to make tough decisions. This will hopefully relieve some stress from those owners who will allow themselves to understand rationale thinking. Of course, there will be instances and owners who will always disagree despite the information before them. Utilizing a qualified management company who has experience and training in conflict resolution to create distance between the Board acting in a professional role and the Board acting as owners

living peacefully in the condominium is important to help support that distinction. When the team of qualified professionals, management company and Board of Directors are working towards the same goal and clearly communicating the roles and responsibilities of each using the information in this article, the Corporation should be set up for success to make any decision however difficult it may seem.

Will Mackay

CIBC Wood Gundy

Getting to know your Board of Directors - Will Mackay

Getting to know your Golden Horseshoe Chapter Board of Directors

1. Who inspires you? Walt Disney

2. What kind of music do you like? Everything on my iPad from you need to hear this to don’ t judge me.

3. What’s the most exciting part of your job? Meeting new changes

4. What’s your favourite animal? Cats

5. Do you have any pets? Dog / Cat / Fish / 3 children

6. What’s your favourite food? Steak

7. What’s your favourite movie? Seven / Fight Club

8. Do you have any hidden talents or hobbies? Zero

9. Are you a coffee or tea person? Tea (green)

10. Have you ever met anyone famous? Semi professional soccer players

Colin Ogg, RCM, LCCI Maple Ridge Community Management Ltd Special thanks to Patrick Greco, Partner at Shibley Righton LLP and Tom Gallinger, Senior Vice-President of Atrens Counsel Insurance Brokers.

Upcoming Events

Questions on Procedures, Harassment and Shared Facilities

Stephanie Sutherland, LCCI Cohen Highley LLP

If a Corporation has a 5 member Board, and their documents say that 3 board members at a meeting make quorum, and at a duly called Board meeting 3 members only attend, and a topic on the Agenda is voted upon yielding a 2 to 1 vote, do the 2 votes count as the “decision” or do all 3 Board members have to agree in unison to a decision?

If there is quorum an in-favour vote by a majority of Board members present at the meeting allows the motion to pass, unless the Corporation’s bylaws provide otherwise.

If a Board doesn’t use an engineer when a project really should have one (for example, removal and replacement of EIFS system) what is the potential repercussion of that Board decision?

Section 37(1) of the Condominium Act requires officers and directors of a condominium corporation to “act honestly and in good faith, and exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances”. Section 37(3) provides that director of a Board

will not be found liable for breaching that duty if the director has relied on the opinion of an expert relevant to the issue.

For a project that ought to have an engineer involved, if an engineer is retained and provides an opinion, the directors (and Board as a whole) are entitled to rely on that opinion. If an opinion is not sought, or is sought but then disregarded by the Board, the directors are potentially personally liable for any damages that may occur if something goes wrong with the project.

If a Manager is being “harassed” or defamatory comment being made against a Manager, by an owner, contractor, or other Corporation representative, what is the Board’s obligation in this situation and what can happen if nothing is done?

For the purposes of the Occupational Health and Safety Act, a condominium corporation is an ‘employer’ and a property manager is a ‘worker’, even though the property manager is generally an independent contractor rather than an employee from an employment law perspective. An employer has a duty to provide a workplace that is free from harassment, and to protect the health and safety of all workers. As the

representative of the condominium corporation, the Board has the duty to take steps to protect its workers from harassment. What those steps may be will depend on the circumstances of the particular situation, and legal counsel should be consulted to guide the Board on the best approach.

Defamation is a separate matter. While some defamatory comments may also constitute harassment, an employer does not have a duty to protect its workers from defamatory statements made against them. Defamation is a civil matter between the individual who has made the statements, and the individual or company about whom the statements have been made. If harassment and defamation are occurring together, it will still likely be in the condominium corporation’s best interests to consult legal counsel to determine how best to approach the overall situation.

If someone approaches owners with the signature page of a requisition meeting form only, (the signature page) and not the reasons why they are requisitioning, only verbally tells owners, then submits the full form with the written statements that were different from the written reasons told to owners, is the requisition valid? What does a board do to ensure that the owners that signed in fact knew what they were signing.

An owner is entitled to the correct and accurate information as to why a requisition is being made, and should be presented by the requisitioner(s) with the full requisition form rather than just the signature page. If an owner who signed a requisition makes a complaint that the form does not represent what that owner believed they were signing in some way, then the Board may consider whether it wishes to deem the requisition itself invalid, or whether just that particular owner’s signature should not be considered as a signatory of the requisition. This is a complicated question, and due to the importance of owners’ rights to requisition a meeting and vote on certain matters, a Board should

seek legal advice to confirm how it will approach a situation where a requisition signatory’s validity is called into question. In the absence of a complaint from one of the signatory owners, the Board does not have a duty or obligation to confirm that the owners who signed the requisition knew what they were signing, and should not interfere with the requisition process.

How can Corporations settle shared facility disputes? What methods are binding?

Section 132(1) of the Condominium Act states that certain types of agreements are deemed to contain a provision requiring the parties to submit disputes to mediation/arbitration. This is applies regardless of whether the agreement specifically states that mediation/arbitration is required. Section 132(2) lists shared facilities agreements, or “an agreement between two or more corporations” as one of the types of agreements that fall under this section. Therefore, shared facility disputes must proceed to mediation/arbitration to be resolved.

Stephanie Sutherland is a condominium lawyer at the Kitchener office of Cohen Highley LLP. Stephanie assists condominium boards, unit owners, and managers with day-to-day governance matters, compliance issues, drafting and registration of new and amended condo governance documents, court and CAT proceedings, and mediations and arbitrations. She sits on several Grand River, Golden Horseshoe, provincial, and national CCI committees, and is on the Golden Horseshoe Board. Stephanie also regularly speaks at CCI events, and contributes articles to condo industry publications.

Finance Committee

Roles & Responsibilities:

The Committee is to oversee the monthly financial statements and monitor the financial planning and financial management of CCI GHC.

The Committee is to evaluate and monitor the financial health of the organization and the performance of its supporting activities of it’s committees.

Committee Chair Alicia Gatto, CPA, CA

Sandy Foulds, RCM, B.A. Will Mackay, CFP, CIM

Jeremy Nixon, P.Eng., BSS Brown & Beattie Ltd.

Construction Contracts from an Engineer’s Perspective

This is not legal advice!

OK, now that the obligatory disclaimer is out of the way, we can dig into some of the common questions, considerations, and practical applications of construction contracts from an Engineer’s perspective. Specifically for this document, when talking about contracts, this means a CCDC (Canadian Construction Documents Committee) format. Typically CCDC 2 for “Stipulated Price” contracts and CCDC 4 for “Unit Price” contracts. An entire article could be written discussing the functionality of each of these contract types, which is not the current objective. Let’s just say that to get the best use of a CCDC 2 contract, one must have a pretty firm grasp of the project parameters and a well-defined scope of work with a low probability of variability in the work. In our firm’s experience, few Condominium projects meet those criteria. For that reason, we mostly see CCDC 4 contracts used.

I’ve seen hundreds, if not thousands of construction contracts in my career. Our firm routinely prepares them on behalf of our Clients at the outset of most construction projects. They are mostly routine, although are very deserving of attention at the outset as they are essentially establishing the “rule of law” to be enforced on a project. Except for certain statutory requirements that cannot be waived (again, I am not a lawyer!), contracts set the rules to be abided by, and by which a court or other authorized legal body would base their judgements.

Side note (still not a lawyer!) - If you get into the courts, things have really gone awry. In my experience, there are few reasons for things to ever be taken this far. The best alternative is to try to find a compromise, which is what the courts will try to make you do anyways. Once the lawyers get involved, everyone gets their backs up and a bit more entrenched in their positions. Communications tend to become very guarded and less about finding a palatable outcome for everyone, and more often about trying to be the one who is right. Everyone ends up angry with one another and no one wins (except the lawyers!) Just try to avoid. Find compromise if you can.

The best time for lawyers to get involved, which we’re seeing more of in recent years, is BEFORE tendering. In that way, they can bring forth any supplementary conditions that are worth considering before Contractors even get a sniff of the work. We are sometimes finding that these types of legal reviews are happening after tendering but before the signing of a contract, often even after notification of award to a Contractor. This is extremely awkward timing as the Contractor has bid on a set of documents and conditions that have now changed, for which they may have otherwise considered their bid differently regardless of how substantially. While most often a contract is eventually signed, they are not always as the Contractor is not obligated to accept any post-tender conditions. Even when ultimately signed it can break down some goodwill (from the Contractor’s perspective anyways) setting the project off on the wrong foot before it has even started. The Owner/ Client can of course do whatever they’d like, however we encourage them to obtain any legal input at

the development stage before bidding occurs to maximize clarity and goodwill. After all, everyone must work together for the duration of the project. Better not to get off on the wrong foot.

generally follows a similar format as CCDC 2 & 4s.) Consultant responsibilities include general review of the work, review of contractor payment applications, advising on and administering proposed changes in the work that come about from examination of previously concealed conditions or otherwise, as well as being the first intermediary in relation to disputes.

Once a contract is finally ready to be prepared, you select the applicable CCDC 2 or 4, reference any prepared tender documents and/ or quotations to be enforced, supplementary conditions, along with referencing any other relevant documents, communications, etc. that provide insight into negotiations, etc.

The contracting parties get listed in the appropriate areas – i.e. Owner and Contractor. If there is a Consultant (e.g. engineer or another technical professional who likely prepared the tender documents) involved, they get listed in the appropriate area. The Consultant, who is otherwise not a direct party to the construction contract, is charged with fairly and objectively administering it in the manner defined within, without preference to either party.

(There is a separate CCDC 31 contract for Owners that want a formal contract with their Consultants that

The Consultant is paid by the Owner, which sometimes comes with the perception that they are the Owner’s agent or representative, and will “do and rule” as the Owner wants, which is not how the CCDC requires the role. There is a bit of a line to toe of course, as the Consultant and Owner have presumably worked together in developing the scope of work leading to the construction contract with the Contractor, so there is perhaps a bit of a natural expectation of favouritism. Practically, I’ve found that the best approach is communicating well with an Owner (and their Property Manager, if there is one) on what is known and unknown. Discussing pros and cons of what might be gained by spending more time and/or money trying to get a better handle on those unknowns at the development stage. Then going into the construction work practically and with an open mind. While certainly bringing as much clarity as possible at the development stage is ideal, there is often a practical limit to attempting to obtain additional information versus going into the work knowing that there will be some unknowns to deal with. Often a Consultant can develop mechanisms that deal with obtaining some of the missing information at the construction stage.

Regardless, there is always new information that comes about during the work. A contingency

...it is important that everyone remember that at the most basic level, everyone is after the same thing –A job well done!

(often 10-15%) should be built into the contract to deal with these types of unknowns and/or additions to the work, which the Contractor can only make reasonable claims to based on additional authorized work completed. Any unused amounts remain with the Owner. As the unknowns come to light during construction, it is important that everyone remember that at the most basic level, everyone is after the same thing – A job well done!

Despite best intentions and good faith by all parties, there will at times invariably be differences of opinion or perspective. In such instances, again, fall back on effectively communicating the issues, evaluating their standing amongst previously known or expected conditions, then making fair decisions on the merits. It is no less fair that an Owner be

asked to pay for a Contractor claim based on something that was clearly known or outlined in the tender documents than a Contractor be asked to absorb costs for something that was not. Find compromise.

Another contract consideration is bonding, which is akin to insurance-like protection against a Contractor’s ability to complete and warranty the work. Without getting into the various types of bonds for construction, related requirements should form part of the bid documents, and in this author’s opinion should never be sacrificed in an attempt to save a few bucks. Hopefully none of us ever experiences the loss of our home such as by fire; but if we do, we’ll be very glad to have home insurance. While bonding isn’t exactly like home insurance, it is a close enough analogy for this dis-

cussion, which is to say that if you ever need to call it in, you’ll be glad you have it. I’ve seen both sides of bonding being in place or omitted in circumstances that have warranted it. Let me tell you that it is a powerful tool when needed and available, conversely an excruciating experience if needed but omitted. In short, get bonding!

A further discussion that comes up periodically is penalty clauses. Typically this comes in the form of a Client asking about or for the inclusion of penalties in contracts in relation to the failure of Contractors to complete the work “on time” and/ or budget. While on the surface the sentiment behind them is rational. That is, attempting to bring some sort of certainty in terms of cost and schedule to an otherwise uncertain context. In actuality, penalties

are a tricky one as they are usually wrought with exceptions that can become a significant administrative task on their own. Not to mention potentially incentivizing ‘cutting corners’ by the Contractor to meet timelines. All of which detracts from the objective of just getting a project done, and done well.

For instance, concealed conditions, which are the nature of almost every Condominium project, would always be considered outside of such clauses. Is it better then to haggle over the penalties to be assigned to these unknowns, not to mention the delays that they sometimes cause to the known work, or rather focus that time and effort on resolving the technical nature of these encountered conditions? The other aspect of penalties that is often overlooked is the “bonus” side

should a Contractor exceed expectations. These types of clauses are more common on the type of ‘mega’ projects, not normally associated with Condominium capital expenditures. The handful of times that we’ve administered contracts with penalty clauses have really left much to be desired, not to mention they probably cost the Client more. Contractors inflated costs accordingly to hedge their bet and the additional administration time spent by us increased our Engineering fees, all of which is the opposite of the intended effect.

We offer one final thought for this piece on Holdbacks. For this topic, we’re going to talk about two types – Statutory Holdback and anything else that isn’t a Statutory Holdback. There remains much confusion about what these are and aren’t, what they are for, who is obligated

to do what and when. Even Contractors remain confused, which I find confusing as they’re usually pretty on top of the money!

Statutory Holdback (i.e. that 10% deduction off of each Contractor progress draw) is for the preservation of liens and no other purpose. Anyone who provides products and/ or services has lien rights, right down to the guy who supplied a single 2x4 to a subcontractor. Lien claims that are ultimately validated would potentially be paid from Statutory Holdback funds. (Once more, I’m not a lawyer. Obtain proper legal advice on deeper aspects of this intricate bit of the Construction Act including all of the correct terminology.)

Here’s what I know: there are very clear timelines on when Statutory Holdbacks are to be released. There is common confusion among

Clients and Contractors alike that Statutory Holdbacks can be used to enforce deficiency resolution. They cannot. Well, not lawfully anyways. It is still sometimes used for that purpose, improperly I might add, potentially exposing Clients to risks that they have not considered. While we still often see Client intended outcomes, and “validation” that withholding Statutory Holdback was the right thing, aside from being unlawful in the strictest sense, it more often than not finishes projects off on a sour note that were otherwise well executed. Quite simply, when Substantial Performance (not necessarily Total Performance) has been achieved, related waiting timeframes met, required documents submitted by the Contractor in relation to the release of Statutory Holdback, and payment certificate prepared by the Consultant, funds must be released regardless of whether outstanding deficiencies remain.

In relation to withholding funds for outstanding deficiencies, sometimes thought of as a Performance Holdback (or better yet, don’t call it “holdback” at all so as to not confuse it with Statutory Holdback); separate, additional funds should be withheld from final progress payments for that purpose. There should usually still be some money available, which would be somewhere between the value required to achieve Substantial Performance and that required for Total Performance (i.e. 100% project completion). If the value of the outstanding work is more than this difference, then Substantial Performance has not been achieved and should not be (or have been) declared.

While there are certainly many more aspects of construction contracts that could be discussed, including much further nuance on the topics within, these are some of the more common ones in this au-

thor’s experience. Again, this piece has attempted to look at things from a practical and compromising perspective rather than an absolute right or wrong one. In my experience, being “right” is not always what it is cut out to be, often leaving you dissatisfied with some aspect of the outcome.

For a deeper discussion on the practical aspects and application of contracts talk to your Consultant. For the strict legal side, of course your solicitors should be sought out. A well-informed Property Manager will also have an excellent perspective and be a bridge between these worlds and others.

Jeremy Nixon is the Vice President at Brown & Beattie Ltd., a building science engineering firm dedicated to providing clear and sensible building improvement, maintenance, and repair planning advice by listening to clients’ objectives. Mr. Nixon is licensed with Professional Engineers Ontario (PEO) and holds a Building Science Specialist (BSS) designation.

NORDIK WINDOWS AND DOORS is a leading name in the industry renowned for their commitment to quality, innovation, and exceptional design. With over 40 years of experience serving the residential and condominium sectors. Nordik has the first team dedicated to condominium complexes up to 4 storeys, including townhouses, in the replacement of windows!

Nordik Windows and Doors offer Canada’s most energy efficient line of products and warranty everything for 25 years. Our focus: we manufacture, install and service the windows and doors you will enjoy for many decades. Nordik Windows and Doors is the first in Canada to mass-produce microcellular PVC windows (millions of micro bubbles) called RevoCell. RevoCell windows are made here in the Province of Ontario. That means manufacturing high quality products and selling and installing them for the fairest possible price. We believe we deliver on this promise better than anyone else in the industry and we are proud to be 100% Canadian own.

https://nordik.com

New Member Profile - Nordik Windows & Doors

The Golden Horseshoe Chapter of the Canadian Condominium Institute would like to give your Condominium $500.

Tell us why your Condominium is worthy of winning the “Condo of the Year” award? We are all proud of our homes, you just need to highlight the following points in your article that describes your condominium:

l What are the qualities and features of your Condominium?

l What are the accomplishments achieved by your Condominium Corporation?

l What is the overall environment like in the Condominium?

l What makes residents proud to live there?

Each entry will be featured in one of the upcoming issues of the “Condo News” magazine. There are four issues per year:

Spring Article deadline March 15th

Summer Article deadline June 15th

Fall Article deadline September 15th

Winter Article deadline December 15th

You can either send an article or we can interview you via phone and write an article about your condo for you! Don’t forget to include photos of your condominium.

Interested applicants should submit their articles or contact information for an interview to:

by mail OR by email

CCI-Golden Horseshoe Chapter, admin@cci-ghc.ca

PO Box 37

Burlington, ON L7R 3X8

The Condominium will be selected by the GHC-CCI Communications Committee and will be announced at the Annual General Meeting in the fall.

Jonathan Miller , J.D (CAD)/J.D. (US) Shibley Righton LLP

Updates to Elevator Reporting Requirements: Focus on Safety and Accessibility

Elevators are a central element of many condominium corporations. They are the ‘highway’ responsible for giving owners, staff, and visitors access to various areas and amenities of the building. In some cases, hundreds of people per day will use the elevators to come and go. With the high volume of use seen daily, maintenance of these critical elements of the condominium corporation is of utmost importance.

Over the past year, there have been several changes to the legislation which affect reporting about elevator maintenance. These changes were introduced to address issues of elevator reliability in response to significant media attention in 2016 and 2017 and to provide buyers and renters information relevant to potential residence in a building.

The first phase came into effect on July 1, 2022, with the latest updates coming into effect on January 1, 2023. Property managers and condominium boards need to be familiar with these new reporting obligations. Failure to comply can result in significant fines.

New Regulations under the Technical Standards and Safety Act

Condominium Corporations now need to report any elevator ‘outage’ of 48 hours or more. New Regulations under the Technical Standards and Safety Act, require the owner of an elevator that is out of service for 48 hours or more to report 14 items including the details of the building where the elevator is located; details about the elevator, such as the manufacturer, the number of floors it services or how many other elevators service the same building; maintenance and upgrade history of the elevator; and the date, time and cause of the elevator outage.

The Technical Standards and Safety Association (TSSA) has established a Residential Elevator Availability Portal reporting tool that anyone can access on the TSSA website. Condominium corporations have 30 days after an elevator returns to service to file the report through the portal. Failure to report elevator maintenance can result in fines of $3,000 to the elevator’s owner (ie. the condominium corporation).

Since the introduction of these new reporting requirements in July 2022, additional changes have come into effect that condominium corporations should be familiar with.

TSSA Compliance Standards

The TSSA has reoriented its approach to elevator safety with the goal of turning into an outcome-based regulator. The TSSA is responsible for enforcing compliance standards to ensure the safety of elevators. The TSSA will carry out periodic inspections of elevators to assess their maintenance, state of

repair (or disrepair) and compliance with safety standards. If the TSSA finds elements of the elevator that are non-compliant with its safety standards, it will issue orders for repair and conduct a follow-up inspection to confirm that the non-compliant items have been repaired.

However, with the latest changes, the TSSA is focusing on high-risk non-compliance (a list of the compliance standards can be found on the TSSA website) and is permitting owners to resolve ‘low’ or ‘medium’ risk items, known as ‘safety tasks’, without a further TSSA inspection. This will permit the TSSA to focus on high-risk issues and to ensure that elevators in residential buildings are as safe as possible for users.

Perhaps most importantly for condominium corporations, highrisk non-compliance must be rectified within 14 days, with some violations requiring immediate shut down and repair. In some cases, these repairs can be costly, particularly if they have to be carried out on a rush basis to comply with the TSSA order, and condominium corporations ought to plan for these potential expenses. Routine maintenance and inspection can assist to flag potential problems early and have them repaired at a lower cost and on a more relaxed timeline.

Changes to Elevator Code

There have also been changes to the Elevator Code in Ontario which are now in effect. These changes apply primarily to new elevator installations, such as in new condominium builds, but they will likely also be applicable to elevator modernization projects. Condominium corporations that are updating their elevators should consult with their elevator maintenance contractor or

engineer about what new standards may be applicable to their modernization projects.

Several of the code changes are focused on accessibility and safety. For example, there must be two-way message displays in the elevator car for people who are hearing or speech impaired, authorized personnel must be able to access and view video of passengers anywhere in the car during an emergency, and door detectors must be able to detect an approaching object, not just an obstruction between the elevator doors.

The changes also include updates to the information that must be included in a Maintenance Control Program as well as changes to the program’s procedures. These primarily affect contractors but condominium corporations may want to ensure that their contractors are aware of the new requirements to ensure they are compliant.

As the transportation highway in a condominium building, elevator maintenance is something that cannot be overlooked. Residents are understandably frustrated when elevators are down for maintenance, but it is critical that safety remain paramount. The latest changes to elevator maintenance requirements focus on these safety aspects and providing accessible information to residents and potential buyers/renters when assessing the potential traffic in a building.

Jonathan Miller J.D (CAD)/J.D. (US) is a litigation partner at Shibley Righton with a focus on condominium, construction and real estate disputes and appearances before all levels of court in Ontario. When clients have problems he aims to provide timely and practical advise to find a resolution, and when a lawsuit cannot be avoided, he will fight for his clients every step of the way. He can be reached at jmiller@shibleyrighton.com.

Emergency Fire Response - Part 1 & 2

Presented by: Bill Calhoun, ServiceMaster Restore of Oakville

Behind the scenes look at what to expect from emergency response contractors when a fire emergency occures.

View Tool Talk Video

The Tool Talk series of videos provide some behind the scenes views of our professionals to highlight a few of the many services our experts provide to their condo clients.

These short videos (3 to 4 minutes each), give our membership a behind the scenes look at our experts at work. Many of these clips are a view of activities/operations which may never have been seen/witnessed by our members before.

As always, the committee welcomes input from our members.

Carole Booth, B.Sc. in Education; MA

Community Living –What does it mean to live in a Condo Community?

Community living, or specifically Condo living – “What does it mean?” The first premise we should probably establish is that – living in a Condo community is not the same as living in a detached or semi-attached home. You are moving into an environment where you have neighbours living side by side and/or above and below – neighbours that are just a wall, floor or ceiling thickness away!

Condominium life is living in a joint ownership community that is within a larger community such as a village, city and/or a region. You are living in a setting with many individuals of varying backgrounds, with a shared ownership in the community. In essence, you may own your unit, but the unit is part of the community and with that condominium community comes documents that are mandated to be adhered to. The rules, bylaws, declaration must be followed.

When I moved into my condo 20 years ago after having lived in a detached home for 25 years, and prior to that an apartment for 10 years, I knew that it would be different. I was moving from a five-bedroom raised ranch, which was situated on a one-acre country property in north Burlington. I had friends who had moved into the same complex a couple of years before. I can remember receiving all of the documents from my realtor, was told to read them and then take them to my lawyer for review. As I read the documents, especially the rules, I wondered “why”. My friends also told me – you can do this, cannot do that, etc. As I became familiar with condo living, I soon came to realize that the items I had questioned made sense. I also know from my teaching and life experiences in general, that rules/regulations/by-laws are necessary so that everyone is functioning/operating with the same information; therefore, preserving the integrity of the community as a whole.

In today’s society, we cannot assume that we are all on the same page – that we have all interpreted and/or understand what is expected in the same manner; thus, there are misunderstandings and conflicts that often occur within Condo communities.

Condo ownership requires that a unit owner has the mindset required to live in a condo – that there are rules by-laws and a declaration that you do have to abide by for the betterment of the community as a whole. It is poor judgement to purchase a condo and think you can just change the rules, or they really won’t apply. If this is not in your DNA, you might need to reconsider condo living for you.

“Community living” may not always be what you want for yourself, but it is what works best for most of the owners/residents most of the time and will provide for a healthier environment for the entire community. Although unit owners jointly own the common elements of the corporation, they do not have control over them – such as landscaping (i.e., tree trimming, removal) snow removal/storage, use of facilities (i.e., party room, pool, gym, etc.). Unit owners elect the Board; the Board governs and sets the tone/direction for the community. The Board makes the rules in consultation with their lawyer, which are then in turn approved by the unit owners. The Board makes decisions based on the rules and all governing documents of the Corporation, including the Condominium Act,1998

Condos are regulated by the Condominium Act, 1998. The Act was revised in 2017 and the regs within the Act continues to be refined. Condo Corps are required by the law to follow/enforce The Act. The Declaration, By-Laws, Rules and

Procedures must embrace the intention of The Act. You may not agree, but these have all been put in place to protect the assets of the Corporation as well as the owners. There is an expectation that Board members will do their due diligence when carrying out their duties – necessary to make sure that everything is done correctly and to mitigate any liability to the Corporation.

The most common issues that Corporations have to deal with revolve around pets, parking and compliance of governing documents – nuisance issues and asking permission when renovating and altering common/exclusive use common elements.

Most issues could be resolved if each of us, when we move into a communal community, would follow these steps:

1. Actually, read all of the governing documents and then make a conscious effort to abide by the governing documents, and

2. If a conflict does arise, communicate first with the other resident, and if that fails, then

3. Contact management who will inform the Board so it can be dealt with before making it into a “mountain” – everyone putting their “two cents worth” in.

We do not always agree with a rule, or the Board’s final decision. But we need to remember that the decisions made by the Board are based on the Corporation’s documents (declaration, by-laws’ rules, etc.), which are intended to benefit the majority of the residents most of the time, ensuring the process runs smoothly.

How can we as owners/residents living in a condominium complex help to make day-to-day living run smoothly and ensure a healthy

In today’s society, we cannot assume that we are all on the same page – that we have all interpreted and/ or understand what is expected in the same manner; thus, there are misunderstandings and conflicts that often occur within Condo communities.

environment for all unit owners? The following are suggestions that can help the process run smoothly.

1. Tolerance is being able to accept different points of view; to put up with difficult situations/ conditions/individuals; that you, management or the Board has no control over the weather delays, supply chains, etc. – jobs will eventually get done.

2. Servility is being courteous, not rude; staying calm not yelling/ swearing; and if necessary, suggesting a time out and continuing the discussion when all parties have calmed down.

3. Patience goes hand-in-hand with tolerance and servility. Sometimes patience is required for maintenance work or projects. They do not always go as

planned, and delays do occur. An entitled stance does not help an already difficult situation. Be patient, ask questions and receive the answers. Embarking on an argument over the situation does not help. It consumes valuable time and resources regarding an already troublesome situation. Be part of the solution, not part of the problem.

4. Respect for each other such as noise, odors, pets, parking as noted in the governing documents.

5. Acceptance that you have purchased a small piece of a larger community and that the documents are put in place not to hinder your enjoyment but rather protect your largest investment, and abide by the requirements set out in the documents.

All of the above are useful tools when dealing with upsetting situations or those situations that are not going as wanted or planned. When moving into a condominium community, one must expect a certain amount of noise (children playing, pets, music) and odours (dryer sheets, cooking and smoking – cigarettes, marijuana, pipes, cigars). Most condominiums have a “nuisance” rule which states that unit owners are able to enjoy their unit/ exclusive use common element. But, remember children make noise and some food and BBQ’s cause odors. There is an expectation that “regular living noise” is permissible, and the nuisance rule does not mean that you will live in silence. Have a reasonable expectation that some noise will occur.

The following attitudes and behaviours should be avoided. They

do not contribute to creating and maintaining a pleasant and healthy environment in which to live.

1. Entitlement. Just because we want to do something does not make it okay. It may not be what is best for the whole of the community.

2. Bullying. This not acceptable at anytime. It certainly does not work when trying to work with and live harmoniously within a condo community – unit owners, the Board and management.

3. Anger. This can get in the way of finding a suitable solution – one that is agreeable for everyone. Avoid responding to requests for compliance with the documents with a knee jerk reaction out of anger. Review responses and compare them to what is in the corporation documents – the very documents you agreed to abide to when purchasing the unit.

If you receive a decline to a request, don’t be offended. Understand that while it may not be the answer you wanted, it is the answer provided, to meet compliance with the documents, and in consideration of the benefit for the whole corporation, not just for one person’s benefit.

If the above positions or actions are the norm within an environment, they can lead to a lack of respect for those involved.

Values within the condominium community such as culture, religion, etc. may vary from yours and what you have been exposed to previously. Now you may be in an environment that has a variety of cultures and religions. This can be a very positive experience to learn about

other customs and celebrations, speciality food, etc. What better way to learn them than to have an International Pot Luck – celebrating everyone’s heritage. Human Rights legislation outlines that unacceptable behaviour towards a person(s) due to their cultural heritage or religious beliefs, amongst other groups, is not acceptable by law. Don’t bring this behaviour to a condominium community.

ments to the limits, does not help foster a pleasant atmosphere in which to live. Negativity does not lend itself to positive actions/change. On the positive side, feeling a part of a community can promote a sense of pride and belonging, which can lead to a happier, healthier environment.

You may not want to get involved and that is your right, but you are still expected to follow all of the regulations, governing documents – condo laws – no exceptions. If you cannot find this within you, Condominium living may not be for you.

condo laws – no exceptions.

In conclusion, in order for condos to run smoothly and be inviting/ inclusive for the entire community, there needs to be respect shown to one another along with lots of give and take.

Participation within the community – attending condo functions (i.e., social get togethers, information sessions, town halls, AGMs), participating on committees such as social and garden, serving a term (or longer) on the Board, etc. – lends itself to a healthy environment within a community. If we just listen, we can learn so much – ask questions to clarify, but please do not argue with the answers. Always being critical and pushing the governance docu-

Communication, communication, communication is at the base of everything along with cooperation and understanding. It is essential that communication is twoway. Not only is it important to ask questions, its equally important that owners/residents read all communications sent to them, posted on site, etc. These are things as simple as notices, or more informative such as newsletters.

Condominium living can be a positive, rewarding, worthwhile experience, it is up to you.

Carole Booth, B.Sc. in Education; MA, is a retired teacher. As a member of the GHCCCI Board of Directors, she participates on several committees. Carole lives in a 69 unit condominium where she served 12 years as president.

You may not want to get involved and that is your right, but you are still expected to follow all of the regulations, governing documents –

Craig McMillan RCM, ACCI, CMCA, CAPM Maple Ridge Community Management (MRCM)

Continuing Professional Education for Condominium Managers

The CMRAO is the Condominium Management Regulatory Authority of Ontario, deals with all aspects of Licensing of Condominium Service Providers and Condominium Managers in Ontario.

The CMRAO’s mission is to enhance consumer protection in the condominium management sector and instill public confidence that condominium community assets will be well managed and protected, providing confidence for those interested in purchasing and owning a Condominium as a home or investment.

Education of Condominium Managers is a large part of its mandate. As such, the industry has seen many changes over the past 5 years to ensure that Condominium Managers are equipped to manage the communities they serve. In 2019 the CMRAO developed the Manager Competence profile, utilizing many condominium subject matter experts brought in to assist from across the Ontario condominium sector. This in turn led to the new education framework and curriculum road map that was developed in 2020/21 and formally launched in late 2021.

Continuing Professional Education:

As of July 1, 2023 Continuing Professional Education Requirements are in place for all General Licensed Managers in Ontario.

Managers will have to accumulate a minimum of 10 CPE credits from CMRAO determined eligible education or professional development activities and every renewal cycle moving forward.

One hour of approved education equals One Credit: This program is being put in place to ensure that Condominium Managers maintain and improve professional competencies, acquire new knowledge and skills, and stay up to date with the frequent and many changes the position demands. These types of requirements form part of most professional careers in today’s world and should be welcomed as an opportunity to learn and grow as a manager.

Program Requirements include ten CPE credits in a renewal period, and they must be from the following categories you must have at least 1 credit for each of the 5 categories:

1. Communication and Interpersonal Skills

2. Physical Building

3. Building Operations and Information

4. Legal and Ethics

5. Finance

Eligible Activities:

In June each year CMRAO will publish a list of eligible CPE activities and credits assigned to each activity. They will add to the list throughout the year as new activities are submitted and approved. Of note to our chapter readers, CCI-GHC has received approval for all four education sessions at the upcoming in person Annual Conference being held on September 15th 2023 as well as their Level 100 Course being held online on September 20th 2023, with more content being considered at the time this article went to print.

Reporting:

General Licensed Managers will report completed activities through their CMRAO account. Education providers will also have to report the same information and keep records of who attended and participation. So, expect to be asked for your License number and license name when you register for these activities.

Sanctions:

The CPE is mandatory. Failure to comply will result in a non-renewal of your license in 2024 and your license will expire. Exceptions will be made for Managers who are on extended leave, but you have to communicate with the CMRAO so they are aware of your employment status.

Fraudulent Reporting:

Just don’t do it. The CMRAO are actively looking for this type of fraud and will act swiftly, repercussions may include refusal to renew license, revoking of current license, or even license suspension.

Condominium Directors have recently seen a pilot program with optional advance training through CAO’s Advance Director Training.

Launched in late 2022 this optional pilot covers Six key topics

based on the CAO’ Best Practices Guides, these include:

1. Condominium Governance

2. Emergency Planning & Preparedness

3. Finance

4. Issues Management

5. Overseeing Condominium Managers

6. Procurement

Expect the CAO and the CMRAO’s sphere of influence to continue to grow. Education will be a part of that growth, as these are very young authorities, and both have a commitment to Continuous Improvement in the service they deliver.

Craig McMillan is President of Maple Ridge Community Management (MRCM) an Associa Company. He has been a Condominium Professional since 2003. Craig holds his RCM designation from ACMO, and his ACCI and LCCI designation from CCI-National. He is a member of the Project Management Institute and holds his Certified Associate in Project Management designation CAPM. He currently serves on the Board of Directors for ACMO and ACMO’s Membership & Programs Committee as well as the Condo Conference Committee He also serves on the Professional & Business Partners Committee and the Communications Committee with CCI - GHC, as well as CMRAO’s Advisory Committee. He is a frequent speaker at industry events & conferences, as well as contributing articles for various industry publications.

APPLICATIONS FOR THE LCCI DESIGNATION ARE NOW OPEN LCCI Designation

CCI’s new designation, to recognize its members from any profession or trade who have and continue to contribute knowledge and expertise to CCI and the condominium industry.

Apply now!

The LCCI designation is open to any CCI member who provides goods and/or services, through annual employment time and volunteer time, to or within the condominium/strata/copropriété industry. The designation is open to any particular profession or trade.

LCCI Application Process

Step 1 – Apply: Gather the information for the registration form (eligibility criteria):

A.An individual or professional member of CCI in good standing;

B. Minimum of three (3) years as an individual or professional member of CCI immediately prior to the date of application;

C. Minimum of three (3) years’ service to the condominium industry immediately prior to the date of application. This criterion will be satisfied where an individual shows that they have provided goods and/or services, through annual employment time and volunteer time to or within the condominium industry;

D. Provide at least two (2) letters of reference/endorsement from a CCI member having at least five (5) years of membership in CCI; and

E.Provide an executed declaration that the candidate will comply with the CCI Code of Ethics.

Are you still stressing over holding

your

Annual General Meeting virtually?

Can’t find a service provider to host your meeting?

Are you a member of Golden Horseshoe Chapter –Canadian Condominium Institute?

Yes!

THEN WE CAN HELP!!

The GHC-CCI will offer our technical expertise and the use of our Zoom platform to host your AGM. You will still be required to prepare everything needed for your AGM:

•Powerpoint

•Script

• Host

•Collection of proxies

•Minute taker

•Polling/voting questions and choice of answers

•Distribution of your AGM package

•Provide GH with name/emails of participants

Golden Horseshoe Chapter will supply the following:

•Zoom Pro platform (including polling through Zoom)

•Conference call number for those not able to connect through zoom

•Any confidential voting requirements through an online survey link

•A technician to run the event in the background who will:

-set Up link and any recording requirements

-set Up polls

-launch Polls and surveys

-provide tech help/troubleshooting

This service is available for smaller condo’s as follows:

1-19 Units - $250 + HST

20 – 49 Units - $350 + HST

50 – 80 Units - $450 + HST

This service is only being offered to small condominium units that are members of GHC-CCI and is on a first come, first served basis.

If you are interested in using our services please email us at admin@ghc-cci.ca with the date and time of your AGM, and we will get back to you with our availability.

Thank you for being a member of GHC-CCI!