Condo News-Spring 2024

Rogue Board Members: Who are they? How do we management them?

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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

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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.

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From the President

FROM THE PRESIDENT

Richard Elia, B.Comm., LL.B., LL.M.(ADR), ACCI GHC-CCI President

The Power of “WHY”!

How do you know what you don’t know? Ask any 3-year-old for the answer.

It has been a long time since my kids (4 in total) were 3 years old, but I still admire that fearless lust for knowledge that they (or any kids) bring to the table with the simple question of “Why?!”.

As adults, it seems that some keep asking the question, while others may stay quiet, perhaps worried of being judged. Others still, never seem to grow out of their teenage years, and continue to believe that they already know all that there is to know (this group scares me at times). If you are wondering, I tend to lean towards the introverted quiet side – regretfully leaving too many questions un-asked.

CCI-GHC, at 30+ years old, is the 3-year-old that never grew up.

Core education is critical, and we do it exceptionally well (in my view) with “Introduction to Condominiums” and the advanced “Director Certificate Program”, but it is not enough. If we believe in the question “Why”, then we have to keep pushing the envelope. Identifying current issues and concerns, and being fearless is taking on a cutting edge, leadership role in addressing them.

· Why are the initial years of a condominium corporation so vital (webinar –The Life of A Condo, from infant to Toddler – April 18. 2024).

Why do we care about the actions of our Board sometimes have (CondoTalk - Rogue Board Members – March 19, 2024)? And what are strategies to deal with them.

Why do Condos need to care about Ransomware (CondoTalk - Tech and Cyber Security – Feb 20. 2024).

· Why do we care if an owner alters the common elements (in-person –Don’t Get Caught Flying by the Seat of your Pants – sections 97 and 98) –January 26, 2024 – sold out event!).

· Why is aggressive enforcement not always right (CondoTalk – Weaponizing Collections - January 23, 2024)?

“Spring is a time of plans and projects” – Leo Tolstoy. If you have ideas on how we can better deliver condominium education or have a subject that you would like discussed, don’t be shy about letting us know so that we can plan how to make it happen. If you have never been to one of our events, make it your springtime (or anytime) project to make it happen. It will be time well spent.

How do you know what you don’t know? CCI-GHC will help you get to your next “why”!

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

2023-2024 Board of Directors

PRESIDENT

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

VICE-PRESIDENT

Will MacKay, CFP, CIM (Member Finance Committee)

PAST-PRESIDENT

Sandy Foulds, RCM, BA

TREASURER

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

SECRETARY

Michelle Joy, BA, RCM, OLCM

BOARD OF DIRECTORS

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

JJ Foulds, BA, OLCM, RCM

Tom Gallinger, BBA, FCIP

Patrick Greco, B.A.Sc., LL.B. (Chair Policy & Governance Committee, Member of the Communications Committee)

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

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

Denis Theriault

Call for Articles

Do you have a story for the summer issue of “Condo News”?

The Golden Horseshoe Chapter of the Canadian Condominium Institute is looking for articles to highlight our theme of “Sweet Summertime”.

What special events or gatherings do you have in your condominium community that you would like to share? Does your condominium have any special projects that you accomplished?

If you can write, pick up your pen and let your creativity flow. You can submit original stories, cartoons, pets, lifestyle, culture, etc.

This is a feel-good issue to highlight our members in the Golden Horseshoe Chapter.

Deadline: June 15, 2024

Summer means happy times and lots of sunshine!

Please send your submission to admin@ccighc.ca by the June 15, 2024 deadline.

Thank You, GHC-CCI Communications Committee

Patrick Greco, B.A.Sc., LL.B. Shibley Righton LLP

Harassment in Condominiums – A Call to Action!

Ontario’s condominiums – from townhouses to highrises and beyond - are far more than mere buildings. They are communities where people live, work and interact. However, something is not right. Not a week goes by that our office is not contacted to assist with incidents of harassment and abuse. Even if a condominium corporation has a well-maintained property and reasonable common expense fees, this kind of activity can tear it apart from the inside.

The Harassment Epidemic

Let’s be honest, we’ve all felt it. Something changed during the COVID-19 pandemic. Condominiums, by their cohabitational nature, have always presented the opportunity for friction, but the repeated lockdowns confined people to their units and healthy social interactions dwindled. Anxiety about health and finances skyrocketed. When we finally emerged, it felt like everyone’s patience had worn thin. The slightest inconvenience triggered disproportionate frustration. While no one seems immune, property managers, who are already juggling a myriad of responsibilities and are usually the interface between the board and owners/ residents, have borne a great deal of the torment.

All too familiar is the situation where a property manager receives a barrage of hostile emails from a disgruntled unit owner expecting an immediate response

and resolution to their concern. “I pay your salary and I expect an answer!” Who wouldn’t feel overwhelmed and demoralized having to deal with that day after day?

The Impact of Mental Health Issues

Anxiety, depression and other issues simmer beneath the surface of our condominium communities as they do throughout society at large. Some residents face these challenges silently, while others lash out. It is all too common for family members to abandon an individual to the confines of a condominium unit when a setting with greater supports is required. This added overlay compounds the complexities of dealing with already difficult situations. While mental health issues are no doubt an important issue that condominium communities should address with the utmost sensitivity, conversely, we cannot continue to use them as an easy scapegoat for the tensions in our condominium communities. Many cases of harassment and abuse have little to do with these issues and are instead more attributable to an erosion of community standards and civility, as well as downright rudeness and ignorance.

Call to Action

Condominiums are not mere investments; they are homes and workplaces. No one wants to arrive at a workplace in the morning, or return to a home in the evening, only to be confronted with aggression. Common courtesy costs nothing but yields immeasurable dividends.

It doesn’t need to be like this, and we all have a role to play in turning the trend around. The following suggestions are just the tip of the iceberg:

l Owners:

- Understand what it means to own a condominium, as opposed to other types of housing. If your unit is tenanted, pay attention and address any issues promptly.

- Treat condominium staff with the utmost respect; you are not their boss.

- Get involved! Don’t save up all your complaints for the Annual General Meeting. Volunteer to serve on the Board, or sit on a committee. Remember, the condominium corporation is not a business or a landlord

– it is YOU and your fellow owners.

l Residents:

- Familiarize yourselves with the declaration, by-laws and rules of the condominiumand comply! You are legally bound by them.

- Remember that you are part of a multi-unit home. Get to know your neighbours.

- Have the humility to admit when you have done wrong, and change your conduct.

l Directors:

- You are not dictatorial rulers. You are the fiduciaries of your fellow owners, elected by them and entrusted with the responsible governance of the community.

- Protect your staff. Not only is it your legal duty to address workplace harassment, but ensuring that workers are able to perform their jobs in a safe and productive environment is also your responsibility, which benefits you with their resulting good work.

- Communicate with your owners. So many issues and misunderstandings could be preemptively defused by regular updates. In the digital era, this is just a click away, leaving no

excuse for owners to be kept in the dark.

l Property Managers:

- Don’t go it alone; get the help you need. Keeping the Board, your supervisors, and other appropriate parties, such as counsel, informed as a situation arises may not only help to resolve it by having more brains applied to the issues, but will also protect you.

- Don’t pick fights, either on your own or as the Board’s proxy. All owners, no matter how rude or frustrating, are entitled to due process. Failing to take the moral high ground almost guarantees expensive and time-consuming litigation. Instead, consider how problems can be solved to the benefit of all. Often, inviting

the other party to a meeting can trigger the start of a resolution.

- Take care of your physical, mental and emotional health. This is easier said than done when it feels like every day is a challenge just to keep your head above water. Not only is your own health more important than any job, but you can’t even really do your job well if you aren’t fully “there” at work. Take advantage of any employee assistance plans (including free therapy) or other benefits that may be available through your employment.

The foregoing are not the only parties who need to step up to ensure healthy condominium communities. Developers, all levels of government, the courts, police, and

countless others have important roles to play in keeping our communities safe and vibrant.

Closing

It’s time for us all to stop complaining about how bad our condominium communities have gotten and to step up and do our parts to change things. It may take some time, but as more and more Ontarians continue to live in condominiums, let’s lay a new foundation of mutual respect so that our condominium communities are healthy and enjoyable places to live for generations to come.

Patrick Greco, Partner SHIBLEY RIGHTON LLP Barristers & Solicitors

The Golden Horseshoe Chapter of the Canadian Condominium Institute Professional and Business Partners committee hosted a sold-out Luncheon and discussed Section 97 of the Condominium Act dealing with changes made by the Corporation to the common elements, assets and/or services that it manages and provides to unit owners. It also discussed Section 98 addressing situations where owners want to make an addition, alteration, or improvement to the common elements. Both sections were discussed in detail to provide Managers and Boards with the information they need to make sure they are fully armed before making/allowing any changes.

It was a fabulous event held at the Warplane Heritage Museum in Mount Hope.

Halton Condominium Corporation No. 241

HCC #241, 2040 Cleaver Avenue, consists of 2 buildings out of a 7 building complex.

Gail Cote, RCM, OLCM-GL

What are the qualities and features of your Condominium?

I wanted to take a moment to let the Condo world know of a Board and site I am extremely proud of. Many of the Board members of HCC241 (Halton Condominium Corporation No. 241) have dedicated their time and energy to the Board for decades, with only one being on the Board less than 10 years, but only just under 10 years. I am lucky to have had these members for this long, and so is the community for consistency. It is rare these days to even get condo owners to join the Board, and many times rarer to keep them on the Board for any length of time. It has been an absolute pleasure in working with these individuals for all of these years.

HCC241, 2040 Cleaver Avenue, consists of 2 buildings out of a 7 building complex (4 condominium corporations) nestled in the community of Headon Forest in Burlington. Forest Chase Trust is the 7 building community name, and its true to its nature, settled in amongst large treed forest areas that surround many of the buildings, adding to a sense of being in the country while still in the City. The fall views are spectacular for those lucky enough to have a back facing unit.

one, where many owners have lived for decades, and new comers are quickly made part of the community. There are no meeting amenities on site, however you can always see a group of owners gathered in one place or another on site.

Owners work together to keep the property looking well maintained, and assist with committees when needed, such as the various garden committees, landscape committee, etc. These committees

at the front of both of the HCC241 buildings; the Board worked with an engineer. The owners received regular, constant ongoing communication on what to expect, where to locate cars, for how long, etc.; thus. this project went as smoothly as possible. The Board met as often as needed to ensure continuity for the project, and to make the decisions that arose during such a project in a timely and informed manner.

help bring all 4 corporations points of view together for a more fulsome discussion, which helps to achieve a decision that all 4 corporations agree with. When maintenance concerns are noted the owners are quick to report them to the Manager to be addressed.

The buildings are unique in that each unit on all floors exits directly to the outdoor hallways, versus indoor hallways. During the winter months this can present challenges, it is unique that all units have direct access to the outdoors via their front and back doors. Additional fresh air is only a door away, which can be a blessing in condominiums sometimes.

The Community of HCC241 and Forest Chase Trust is a very friendly

Communication with Management, the Board and owners is always ongoing, to ensure that all parties are aware of work, delays in work, coming work to be prepared, etc.

What are the accomplishments achieved by your Condominium Corporation?

HCC241 has undergone many challenges over the past few years including:

Structural Support Beam Replacement – The corporation had to replace the structural support beams

Registration of a Standard Unit bylaw – having been registered since 1992, we had not registered such a bylaw, as getting the 50+1% of the owners to vote on this had proven difficult. We were finally able to achieve this threshold and recently completed this task in 2023.

Up to this point, leaks had always been a scary situation as there is no certainty when a leak is the corporations versus a unit owners and no way to really determine what a standard unit was prior to this bylaw. Since this registration, we have had MANY leaks within the units that the bylaw was applied to, which saved the corporation added costs that they otherwise could have been responsible for due to lack of a Standard Unit bylaw.

Water leaks – our dry fire safety sprinkler system recently had a flow switch malfunction which resulted in a flood from the third floor down. Fast acting plumbers, fire inspection companies and off site cleaner were on site as quickly as possible to get the situation under control. Luckily the remediation costs came in just under the corporation deductible so a claim wasn’t needed.

However, we did uncover a major issue that needed to be addressed

and otherwise may not have been found. Had this not been found, this problem could have been a serious concern in the event of a fire. There was a hole in the concrete slab between floors that had not been detected during testing of the pipes. This is where the water migrated out of and leaked throughout units and the outdoor hallways.

So, although a major expensive leak occurred, it was a blessing in disguise, as it uncovered a deficiency not otherwise detected in the fire safety system which could have been a larger loss in the event of a fire. We have also had many leaks from units to other units, the garage, etc. that had to be addressed as well.

Balcony guards – our site was unique when built; it was built more like the style of a condo in Florida versus a Canadian condo. The balconies and railings were all constructed from wood, which as you can imagine often rot, pickets fall out, additional painting is always required, etc. We are currently in need of replacement again and are now addressing this ongoing expensive and somewhat dangerous style of construction by installing aluminum guards instead.

Loan – to replace the guards of the balconies and walkways, a loan was required. We met with the owners to communicate the issues and vote on the implementation of the loan for the project. We had the loan provider attend the meeting to assist with explaining the exact impact of the loan, and what owners could anticipate for increases to the maintenance fees versus having a special assessment to fund this project.

With regular communication to owners we were able to achieve a large attendance of owners and many that could not attend submit-

ted their proxies to vote. We were able to successfully pass a borrowing bylaw to help owners spread the payments over 5 years versus an immediate assessment due.

What is the overall environment like in the Condominium?

The overall environment is an extremely outgoing and friendly one. Owners meet to let their dogs play, their kids play, discuss the days events, and simply to hang out. You will always see a group of owners here or there during the better weather on site. Owners at HCC241 have a strong community approach, to ensure that fellow neighbours are aware of what is happening, reminding each other of meetings, providing important contact information for Management or contractors and processes for garbage disposal, storage, etc. for new owners. It is amazing to see the sense of community at HCC241.

The Board members have always been approachable and ready to address the issues as they are brought forth. In times of need, such as if a fire alarm goes off, the Board is available to assist, liaison with the Manager or contractor when needed. The Board takes an active interest in the site, addressing concerns as they are noted, and proactively investigating into other issues when noted at other buildings.

If a unit owner approaches a Board member, they generally receive an immediate answer (when possible) to their queries to help them expedite their inquiry. When they cannot answer them, they swiftly send the owner to the Manager for further assistance. Overall, the Board is a huge part of the Community in helping resolve any concerns. HCC241 Board is proactive in ensuring that the needs of the own-

ers are addressed at 2040 Cleaver.

What makes residents proud to live there?

Residents are proud to live in HCC241 and Forest Chase Trust, as it is very well maintained and an extremely very friendly place to live. The multiple corporations work together to ensure that all owners are treated equally and that the buildings complement each other. The HCC241 Board really goes above and beyond to explore all options to ensure that they are taking into consideration as many owners as possible when making their decisions.

HCC241 is an active participant in the shared facility of Forest Chase Trust, to ensure that they share information and contractors which ensures that all corporations can get ahead of any particular issues, keeping them all on track financially. I cannot be prouder to manage a Corporation that works so hard to appease their owners.

Gail Cote, RCM, OLCM-GL, has enjoyed providing professional Property Management Services to her clients since 1999. Gail has served on the Board of Directors of the CCI Golden Horseshoe Chapter Executive as Secretary, as well as Board liaison and past Chairperson for the Membership and Social Media/Marketing Committee. She is also an ongoing volunteer on the Professional Business Partners and Communication Committees. Gail has presented at numerous CCI educational events including CCI-GHC annual conferences.

Dave Williams

Outside the Box Thinking... Reserve Funds [Opinion]

Something has gotta give!

If you had the opportunity to read the Globe and Mail “Report on Business Magazine” (October 2023), there was a interview with Isadore Sharp on his long, founding, association with “Four Seasons” Hotels. There may be some similarities between the hotel business and the condo business.

During the interview, Mr. Sharp observed that “hotel ownership is a volatile business, and you have to have deep pockets. Because it deteriorates (buildings), it is constantly needing more refreshing and more investments.”

Wow! Does that ring any bells?

The “it” he refers to is the “hard” asset………the building.

Mr. Sharp arrived at a conclusion very early in the history of “Four Seasons.” Let someone else own the bricks and mortar and offer “management services” only. If you are old enough, you will remember the vaunted “Four Seasons Inn on the Park” in Don Mills. I don’t know what it is called today, but it is probably under some other flag……. not that there is anything wrong with it……..but it probably doesn’t stand up to “Four Season” standards.

January 8th 2024; Morguard Financial, announced the sale of 14 hotels under different flags in Canada to another party. It may be that they want to get out of the hotel business, but there will be a reason for the sale. If an asset is making

Anyone buying a condo deserves to know the financial condition of the condo corporation and to be briefed on the workings of the condo corporation.

money, you usually don’t sell it. So, could it be yet another example of bricks and mortar aging and costing more dollars?

Where are we going with this?

It is suspected that as a general statement “reserve funds” are under-funded. I have heard many excuses for this including the recent spiral of inflation. Even more than 5 years ago, people in my community didn’t want to hear about higher “condo fees.” Reasons ranged from, don’t want to fund repairs for future residents. One former director and community president even pointed to a row of units and said: if we increase fees all those units will be up for sale. Really?

This implies that the reserve fund is a magical pot of money that will fund all capital expenditures without cost to the resident. Not!

It also speaks to the fact that residents are sold (by the developer) on the “relax and don’t worry,” theory of condo life. Yes, there are some savings to be garnered: grass cutting, snow ploughing, maybe re-roofing

and window replacement to a point. Anything you would normally do to maintain a free-standing home still applies at your cost. Maybe at a slight discount because of volume but at the end of the day……..resident beware………you still have to pay. There is no magic pot of gold.

To the hotel Business

So, here is where the hoteliers have a formula. When the building passes beyond our standards…….. sell it! In the condo business that formula doesn’t work.

Three Choices

The solutions are to properly fund the reserve from the get-go, prepare your residents for some steep assessments or plan on borrowing money at some point to keep the lights on.

Here is the problem with the second and third choice. The existence of assessments can cause properties to be sold at reduced prices. The same can also be said for debt financing. Why would anyone buy a condo unit that is somewhat supported by a bank loan?

The Simplest and Best Solution

Anyone buying a condo deserves to know the financial condition of the condo corporation and to be briefed on the workings of the condo corporation. This should be the law. Many folks who are buying can be pre-occupied with getting a mortgage, maybe retiring, maybe downsizing……..the list goes on. Quite often, over-zealous real estate salespeople don’t pass on the nitty gritty. In fact, they may not know the details. Does a prospective buyer have any responsibility to ask the appropriate questions? Of course, but they may not know what to ask.

In the absence of proper briefing at the point of sale, it is incumbent upon the condo board of the day to follow the best transparency protocols. Have regular town hall meetings for residents. Give them the up-to-date financial standing of the corporation and as importantly let them know if there are any projects pending with high costs. In other words………..make them a part of all decision making.

This can often mean bringing in expert speakers, even financial experts, to explain why monthly fees need to be increased commensurate with building age and condition.

Every building/community has residents that are experts in business, construction, accounting, communication, whatever. These folks often don’t come forward to stand for board positions. That said, in my experience they would if invited or asked.

Interesting Example over time

I have been following a condo property for several years now. When I first noticed it, the units were selling for $900,000, with monthly fees of $1100. The building was 20 years old and housed most of the original resident owners. Three years later, the asking price is still the same and the monthly fees are $1400. There

is now some turnover. The point? When fees get too high, turnover will occur and that is alright.

Is it a governance problem?

If your condo’s Reserve Fund is where it should be, then chances are good that you have a great board of directors. If on the other hand, your condo Reserve Fund is lacking then the opposite is true. The board may be loving their power positions and not understanding the overall need for transparency that leads to increasingly harder decisions. Mind you, they are probably enjoying the level of fees that are lacking.

Condo Communities offer a great deal to many people. Folks, with similar standings in life, people requiring a safe place to live in retirement, young folks getting started. The fact is; the social benefits can be very important. That said,

proper, responsible and yes even professional management is important………even critical.

So, what is the solution?

Condo governance may be entering a new era. By and large, the CAO has failed to provide leadership in this new time. Some parts of Condo governance need to step forward with a much more thoughtful approach to operating affairs.

It may appear complex, but it really isn’t. It starts with an annual plan that looks at least 5 years ahead. Yes, I realize there is already an engineering study in place. But this, at best estimates approximately when certain capital expenditures will require attention.

The five-year plan needs to be more specific. Where will the money for these projects come from? Is the reserve fund ready to cover not only

the first project in line but also whatever projects are to follow. If there appears to be a shortfall, how will that be satisfied.

The five-year plan needs to be rolling in the sense that when year one expires, year six needs to be added on. The big question to be answered here is whether the property management company has the expertise to assist the board in constructing such a plan? Secondly, is the board willing to build the plan? If not, is the property management company or the community’s/building’s auditor willing to risk losing a client by pushing the plan? What about the legal advisor getting involved?

Communication is vital!

Residents need not only to be kept aware of these issues, but educated on these same issues.. When increased funding (to the reserve)

becomes necessary, they will most certainly complain unless they have been kept advised of the real process issues. If they have been consulted (town hall meeting briefings), I am willing to bet they will be onside. If on the other hand, a five year plan with unexpected increased funding is kind of “sprung” on them……….. well yes, they are going to “b----” and so they should.

Bottom Line

The CAO has already or is already demonstrating that they “don’t get it”, so if condo communities are waiting for the government to legislate, it could be another lifetime. This implies that the leadership for proper condo governance which would include long term planning and funding for capital expenditures, will fall to the property management companies, the condo legal community

and the auditor.

Time to start thinking about how this could work folks!

A point of History I got curious about what happened to the Inn on The Park. Apparently during the early 1980’s, Four Seasons management realized that the hotel guests were no longer interested in their standards. So, the building became a Holiday Inn. There can be many reasons for this including proximity to where business is conducted etc. However, it kind of reinforces our argument about building deterioration and the need to invest to properly maintain the standard.

Dave Williams is a retired corporate executive and graduate of York University. I am always interested in feedback, good or bad, and new ideas on the subject. You can reach me at williamsdavem7@gmail.com.

community; and

• What makes residents proud to live in this community?

Have your condo featured in a future issue of “Condo News” for a chance to win Condo of the Year and $500 for your condo! One entry will be featured in each issue of the “Condo News” magazine – Spring, Summer, Fall and Winter.

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

More details can be found on page 34 of this issue, and in each issue of “Condo News”.

The GHC Communication Committee

JJ.Foulds, BA, OLCM, RCM Wilson Blanchard Management

Rogue Board Members:

Who are they? How do we manage them?

The Condominium Industry is full of many challenges. These challenges can range from buildings with major structural issues, to monetary issues, to manager shortages, and even clashes between unit owners. One area that a challenge may not be anticipated is within the dynamics of the Board. Often, the Board of Directors of a Condominium tries to portray themselves as a united front, but behind the scenes, there can be a great deal of conflict. This conflict can be caused by many things, but a major source of this conflict can often be a Rogue Board member.

There is no one true definition of a Rogue Board member, they can come in many forms. Just to name a few examples, there is the Board member that has joined the Board with a personal agenda. That may be something as small as wanting to have their renovation approved by the Board of Directors, or as large as wanting to change a contract to a contractor that may financially benefit them. It can be a board member that is seen as a bully. Someone who verbally is louder than the other Board members, and who may be intimidating other Board members into agreeing with them. A Rogue Board member may even be someone sharing confidential Board information with other Residents and Owners within the Condominium.

All this falls under ethical violations per the CCI Condominium Directors Code of Ethics, but how are they dealt with? With a lack of policing ethical violations

in Condominiums, how can other Directors continue to work with a Board member like this? When it becomes too much, how is a Board member like this removed from the Board? What role does Property Management play in these situations? And how do Condominiums prevent this from happening again in the future?

One scenario where the Rogue Board member is often experienced is in Board meetings. Quite often the rogue board member can be seen as a bully and is incredibly vocal in a Board meeting setting which can be intimidating to the other members of the Board. Other Board members may hesitate to bring up contending points of view to the Rogue Board member as they do not want to be belittled or intimidated into agreeing with the Rogue member’s point of view.

So, how can other Board members operate in these situations? There are some specific strategies that are effective when it comes to working with difficult people. One of these tactics can be trying to understand their perspective. Before reacting to difficult behavior, take a moment to understand the underlying reasons behind it. Difficult people can often have their own insecurities, stressors, or past experiences that influence their behavior. Empathy and understanding can help with responding more constructively, even though it can be difficult when it feels almost like a personal attack. Ensure to stay calm and resilient, even when it seems futile.

Dealing with difficult people can be emotionally draining, but it’s essential to remain calm. Practice stress management techniques such as deep breathing or taking short breaks when needed. Avoid taking their behavior personally and maintain a positive mindset.

Go into each Board meeting expecting the worst behaviour from the Rogue Board member but hope for the best. Maintaining positivity helps prevent the feelings of dread that may set in prior and during the meeting.

Finally, be sure to set boundaries. Establishing boundaries is crucial when dealing with difficult people. Clearly define what behaviors are acceptable and what are not. Ensure that these are communicated

What if the Rogue Board member can’t be worked with any longer? Working with this individual has become unbearable and is affecting the mental health of Board members, Condominium Managers, and even unit owners. Then what?

What options do Board members and Owners have for the removal of a director like this? The Condominium Act is clear in that the Board members are to be selected by the Owners of the Condominium.

A Board cannot remove a director simply because they are difficult to work with or have taken on some of these other Rogue Qualities.

assertively. Be consistent in enforcing the boundaries to prevent further conflict. This is something that Condominium Manager’s should be involved in, as they should have some training or experience in dispute resolution. Remind the Board members of the CCI Code of Ethics that they are participating in a business meeting for a corporation. Their behaviour should be reflective of a professional setting.

A Condominium Corporation is a home to the owners, but it is also operating as a not-for-profit business and should be treated as one. A tip to chairing an effective meeting, and keeping a Rogue Board member in line, is to put a time limit on each topic for discussion. Sometimes a rogue board member can take over a meeting topic and railroad other Board members’ ideas.

Putting a timeline for discussion on each topic and ensuring that each Board member has an opportunity to present their viewpoint before a vote can prevent this takeover.

A Board cannot remove a director simply because they are difficult to work with or have taken on some of these other Rogue qualities. This Director was elected to the Board and is the representative the Owners have selected, so in many cases, the only option for removal is to have the Owners of the Corporation in agreement with the removal.

Per the Condominium Act, an Owner must requisition a meeting for the removal of a director, which means that they must present a petition with 15% of unit owners signatures to hold an owner meeting for this specific purpose. At that Owners meeting more than 50% of all the unit owners must vote in favour of having this Director removed. This is a threshold that can be quite challenging to meet, but if the Rogue Director is causing enough distress throughout the community, it can and has been done.

There is an alternative way to remove a director, and this is becoming more and more common. This is

through the Corporation’s Bylaws. There are Bylaws that are now being put together that have specific clauses integrated into them on how Directors must behave ethically, or they can be removed from the Board of Directors of their Condominium Corporation by a vote of the Board members. This Bylaw is incredibly beneficial to have in a Corporation’s governing documents, and any Corporations that are interested in having a Bylaw like this put in place, should speak with their Corporation’s Solicitor for more information and to see what options are available for their specific Corporation.

Often it is questioned, how do these Rogue Board members get elected to the Board of Directors? Don’t the owners see the issues that these Board members are causing? In situations like this, frequently there are not many other choices. Maybe the other owners are afraid to run for the Board of Directors against this Rogue Board member. There may be concerns about a vendetta should the rogue member not be re-elected. This can cause for these Board members being acclaimed to the Board, as maybe they ran unopposed for the position.

Even without a rogue Board member involved, being on the Board of Directors for your condominium corporation is regularly seen as a thankless job. Board members are responsible for making some hard choices for the owners, who are commonly their neighbours, and many do not want to take on that responsibility. Throw having to manage a bully into the mix, and it makes for a very undesirable position.

As an Owner of a Condominium Unit, it is imperative that it is understood that at the Annual General Meeting, selecting Directors is giving another owner the power to

Condominiums are designed in a way that one person should not have total control of the Corporation.

make decisions about your home, and spend what is essentially your money. It is important that all Owners view this as a serious position and realize that there are implications to electing and re-electing a rogue board member to the Board.

If there is an owner in your community that you feel has a skill set that would be beneficial to the Condominium, whether you are an owner or a board member, encourage them to get involved. Encourage them to put their name forward to help with getting involved and preventing the toxic cycle of rogue board members being re-elected just because there is nobody else willing.

Suggest to your fellow Board members that they do more than just the basic CAO Directors Training courses. This course is a start, but there is so much to learn about Condominiums. Encourage them to attend conferences, webinars, seminars about being on the Board of Directors and ensure that they are aware of the implications their actions and decisions can have on the community that they are not only assisting to run, but that they are a part of.

Condominium Boards are designed in such a way that one person

should not have total control of the Corporation. Whether the Board has three, five, seven or even more members, it is important that all those Board members have a voice and that they are not silenced by a rogue Board member with a strong opinion.

These members can have a huge impact on not just the culture of the community but the finances as well. If they continuously make self-serving decisions, and no one else in the community is willing to work with them, then Condominiums are going to have a hard time finding volunteers to join the Board of Directors which can have huge financial ramifications. If the Board of Directors cannot obtain and keep a quorum of Directors, and a Court Appointed Administrator is required, common element fees are going to go up to accommodate this, and it will have an overall impact on all of the owners, not just with the toxicity that is prevalent in the community but financially as well.

Rogue Board members can be an issue within Condominium Corporations, but there are techniques to manage working with them, and if all else fails, options to remove them.

A Condominium Manager should be able to assist a Board of Directors on working with challenging personalities and provide solutions to the Board on how to deal with rogue members. Each community is unique, and every Board will require different advice, but your Condominium professionals, such as Manager’s and Lawyers, should be able to help guide your community through the turmoil these individuals can cause.

JJ Foulds, BA, OLCM, RCM Director of Condominium Management Wilson Blanchard Management, An Associa® Company.

Upcoming Events

APRIL

April 18, 2024

Meeting

The Life of a Condo, from Infant to Toddler 18

APRIL 23

APRIL 25

April 23, 2024

CondoTalk

Insurance Updates: What You Need to Know

April 25, May 9, & May 30, 2024

Ontario Condominium Director Certificate Program

Modules 106, 107 & 108

MAY 3

MAY 7

AUGUST 7

May 3, 2024

Seminar

Out of Sight, Top of Mind:

Dealing with Hidden Construction Deficiencies

May 7, 2024

Level 100 Course

Introduction to Condominiums

SEPT 13

OCTOBER 23

August 7, 2024

Golf Tournament

OBEC & GHC-CCI - Building Better Together

September 13, 2024

Conference

Back to Grassroots: Growing the Future in Condominium Living

October 23, 2024

Meeting

Annual General Meeting

Tim Van Zwol, P.Eng.

Read Jones Christoffersen Ltd.

Spring is Here – Time to Review Your Asphalt Pavements

Spring is an exciting time of year! Warmer temperatures, melting snow, and the anticipation of seeing your asphalt pavement surfaces after a long (or short) winter season! Are there surprises lurking below the snow pack, or was the ice conveniently covering those known blemishes that could not be repaired last fall?

Maintenance and repair of asphalt pavements is typically lower on the priority list compared to more urgent roof and building envelope repairs for condo owners. Regardless of the situation, this time of year is a great opportunity to re-evaluate the condition of your surface parking areas and drive lanes and potentially make an action plan to address any repairs. It is imperative for condo owners to achieve the full life expectancy out of their asphalt pavements by ensuring problem areas are identified quickly and correctly repaired.

Asphalt 101 & Typical Deterioration

Asphalt 101 - asphalt pavements typically consist of asphalt cement mixed with stone aggregates to create a homogeneous material. The asphalt pavement

is typically placed in one or two layers above a thicker, compacted granular base that is designed to provide support and a drainage path for water.

Several factors are at play during its service life that will impact the longterm performance of your asphalt pavements:

• E xpertise of paving contractor and quality of installation during construction.

• Adequate sloping and drainage to ensure water runs off asphalt surfaces quickly and avoid water ponding.

• Traffic volume over time.

• Magnitude of wheel loading.

• O verall age of asphalt pavement and ongoing exposure to UV radiation and freezethaw cycles

All asphalt pavements, even if properly installed during construction, have a limited service life. Areas of deterioration will develop at a rate dependent on the factors listed above. The following types of asphalt deterioration are common:

• Longitudinal cracks. When asphalt pavement is initially placed, the width of the laydown strips is dictated by the size of the asphalt spreader. Longitudinal cracks may form at these joints if they are poorly blended/rolled together.

• Settlement and cracking of asphalt around catch basins will commonly form if granular backfill is improperly compacted during construction or if granular fines migrate into pipe joints over time.

• Alligator cracking. Typically caused by shrinkage of the asphalt pavement due to ongoing temperature cycles.

• Rutting and potholes. May be caused by localized settlement or low spots due to poor drainage and/or weak spots in the granular base.

There are Options for Repair/Replacement

It’s not a question of ‘if’ but ‘when’ and to what extent asphalt pavements will deteriorate over time. If a pavement system is properly installed and maintained, localized repairs may be required near the 5-1015 year marks in high traffic areas and then wholesale replacement at the end of its intended service life (20-25 years).

Regular maintenance and/or localized repairs completed at 5-year intervals during the first three quarters of its lifespan will cost less overall and will be more effective in extending its overall service life. The quality of asphalt pavements will significantly decline beyond the 15year mark if ongoing maintenance has not been completed up until this point. If one waits to complete localized repairs during the last quarter of the pavement lifespan, the repairs

will involve greater areas and at a greater overall cost. The effectiveness of these localized repairs with this approach will be short-lived.

Localized repairs may include routing and sealing of longitudinal cracks or full depth asphalt patch repairs at rutting/potholes. Asphalt milling & overlay is also a viable option to extend the service life of the system when the surface is worn, but the base is in good condition. Wholesale replacement would typically involve complete replacement of the asphalt pavements and may involve replacement, re-sloping, and re-compacting of the supporting granular base layers.

Get Expert Advice

You may be thinking - my parking area looks like a disaster and has been ignored for far too long – what do I do? An engineer can assist with the initial evaluation, design and then construction review of a new asphalt parking area and/or drive lanes. In particular, the initial condition assessment will review the extent and severity of deterioration and help to gauge the remaining life span. An engineer can help to determine whether localized repairs are sufficient or if wholesale replacement is warranted. Regardless of the situation, this time of year is a great opportunity to re-evaluate the condition of your surface parking areas and drive lanes and make a well-informed action plan.

Tim Van Zwol, P.Eng. – Principal Read Jones Christoffersen Ltd.

Education Committee

The GHC Education Committee is an extremely busy and dedicated committee consisting of seven members; they are Sally-Anne Dooman (Chair), Maria Durdan (Board Liaison), Carole Booth, Quynh Chau, Alicia Gatto, Asad Hashim, Karen King, John MacLeod and Rabab Meen. They are busy throughout the year planning and organizing the programs to be presented.

The committee continues to provide a variety of current and interesting, on line webinars and in person seminars which present up-to-date topics. They include specific and general information webinars,

The Ontario Condominium Director Certificate Program is also being presented virtually; it has eight components, which are presented two evenings a month over a four-month time frame. As well, “CondoTalks”, “Legal Updates” and the “Introductory Director’s Course.” are being presented regularly via webinars/seminars. For all GHC members, these webinars are recorded and available online to review at your leisure, or if your board would like to update themselves on topics of interest. Check out

our library of topics Home - CCI Golden Horseshoe Chapter (cci-ghc.ca)

The committee would like to thank all of our awesome sponsors. Because of their continued, generous support through their sponsorship dollars, we are able to provide all of our programs at no cost to Golden Horseshoe Chapter members!

In addition to the committee members who are volunteers, there are the volunteers who organize, present and moderate all of our programs. The administrative team is also an important component. Everyone spends countless hours behind the scenes preparing and making sure everything runs smoothly – all essential members of the team. Thank you!

Please visit the GHC-CCI website, cci-ghc.ca, and click on Courses and Events to get more information re registering for future webinars and to view past presentations. All of the upcoming events are also highlighted in the current issue of the “Condo News”.

If you have an idea for a webinar/seminar, please contact the Education Committee by email - admin@ cci-ghc.ca at the GHC-CCI.

Maria Durdan SimpsonWigle LAW LLP BOARD LIAISON

Carole Booth Quyhn Chau MTE

Richard Elia Elia Associates

Sally-Anne Dooman Wilson Blanchard Management CHAIR

Alicia Gatto Gatto CPA Professional Corporation

Karen King King Condo Management

John MacLeod Key Property Management

Rabab Meen Shibley Righton LLP

Assad Hashim WimpsonWigle LAW LLP

Brad Gascoigne, B.Arch. Sc., BSS Brown & Beattie Ltd.

Epoxy Pipe Lining: A Retrospective

Epoxy Pipe Lining: A Retrospective

Every now and then, a new product appears in the construction market that has the potential to shake up the industry. Some become very popular, but ultimately fail to live up to expectations and then vanish. That seems to be the story with epoxy lining of domestic hot water systems in the GTA. It gained a foothold in the market 15-20 years ago as an alternative to replacing domestic water piping reaching the end of its service life. It became quite popular, especially in the condominium market, but as problems with the systems began to manifest, the industry suddenly collapsed and disappeared within a few short years, leaving behind problems and warranties not worth the paper they were written on.

To find out how that all happened, we really need to go back to the beginning:

It all starts with so-called ‘pinhole’ leaks. Highrise buildings employ a hot water recirculation system that constantly moves hot water from the boiler plant, through the piping network and back to the boiler plant to be reheated. This is ongoing, 24/7/365. The setup allows for effective on-demand hot water in the building at any time of the day or night since there is reheated water in the piping at all times. Without a recirculation system, hot water would sit stagnant in the piping system and cool off during times of low usage, requiring water to be run for many minutes until hot water arrived at a unit in the middle of the building.

The result of the constant circulation through the piping system is wear and tear on the piping. At areas of high turbulence in particular, the flowing water effectively erodes the interior walls of the pipe, thinning the pipe until it can no longer hold the pressure of the water, and a pinhole leak occurs.

After repeated pinhole leaks, something needs to be done with the piping. The traditional solution to pinhole leak repair is to replace the affected section(s) of piping. On a building-wide basis, this means a re-pipe, or a riser replacement within the building. As the vertical pipes are concealed behind walls and are usually in kitchen and bathroom areas, the result is removing interior finishes and possibly tiles, appliances and cabinetry to access and replace the piping. It is very costly and disruptive and no building seems to be designed with easy access for piping replacement in mind.

Epoxy lining seemed to offer a better alternative: instead of replacing all of the piping, just reline it. The benefits for condominium buildings was obvious: it promised to be faster, cheaper and less impactful than traditional piping replacement. There were no holes needed in residents’ walls. Kitchens and bathrooms remained intact. There were fewer disagreements over upgraded finishes, and the various companies offered big, 20+ year warranties on the systems.

At the height of the trend, dozens of buildings were being lined every year in

the GTA. There were multiple companies in the GTA providing pipe lining services; a whole industry had arisen.

While each company had proprietary epoxy and slightly different application processes, ultimately it came down to the following general procedure: (1) the riser was drained, and dried; (2) the interior of the riser was ‘prepared’ via a form of sandblasting (this should be red-flag no. 1…); (3) a quantity of epoxy is mixed depending upon the diameter and length of the section of pipe being lined (this should be red flag no.2…); and (4) the epoxy is blown through the section of pipe with compressed air, coating the pipe walls, and then allowed to cure.

Though precise figures are not available, it is likely that tens of thousands of linear feet of pipe were lined in dozens, if not hundreds of buildings across the GTA. Fast-forward 15 years, and the entire epoxy lining industry has disappeared from the GTA, and an increasing number of buildings are being plagued with issues. So what may have gone wrong?

Coatings are nothing new. They are used everywhere in the construction industry, from paints to waterproofing systems. Anyone who reviews coatings professionally quickly learns that one of the most important technical aspects is proper surface preparation. If the coating does not bond well to the substrate, it will not last. This brings us back to ‘red flag number 1’: although the interiors of the pipes were ‘prepared’ via a sandblasting process, there really was no practical way to review the adequacy of the preparation prior to the epoxy coating. It was all hidden within the pipes. All that could be done was to obtain a cut section of the lined pipe after the

epoxy was installed and qualitatively test the adhesion of the epoxy to the pipe. One cut section is a very small sample size on a multi-story riser, and if a problem was identified, it was too late.

Another important technical consideration with coatings is achieving the proper thickness. Here is where red flag number 2 comes in. Any product that requires measuring and mixing onsite based on fuzzy math is probably prone to error. If the incorrect amount of epoxy is injected, the resulting coating layer may be too thick or too thin, which could impact longevity. Pipes can also offset (or jog around) unexpectedly within the building, resulting in unaccounted-for lengths of pipe. Cut pipe sections can help here too by allowing a review of the coating

thickness, but again, this is a small sample size, and if there is an issue, it is already too late.

There are also secondary problems. One of the main drawbacks to epoxy lining is repairing or modifying the pipe in the future, if needed. It is not possible to solder to epoxy-lined pipe because the heat from the blow torch damages the epoxy. This leaves push-to-connect and crimp-type fittings as the only options. Neither of these options are as robust as a soldered joint, and each has its own additional problems. Push-to-connect fittings really should not be buried behind finishes and seem prone to failure in hot water recirculation systems. Installing crimp fittings slightly deforms the copper pipe, which can crack the relatively brittle epoxy lining inside, causing further issues.

In our experience, failure of the epoxy lining system usually manifests when the epoxy lining debonds from the internal pipe walls, causing lining fragments to travel in the stream water throughout the piping system. Epoxy debris gets caught in appliance filters and tap aerators, causing chronic water flow restrictions. In some cases, debris can obstruct entire risers, affecting water delivery to the units. A lot of buildings initially opt to deal with these issues on a case-by-case basis by replacing affected sections of the epoxy-lined pipe as they develop.

With the pipe repair challenges noted above, there is not a good method of dealing with repairs on a localized basis. Ultimately, the only way to get the epoxy out of the system is to remove the lined pipe and replace it with new copper piping.

Fortunately, not every building that had its risers lined has experienced issues. For the condominiums that have been unlucky, they

can start to see the failure of the epoxy system within 5 years of it being installed, a far cry from the 20+ year warranty promised. These condominiums are facing continuous issues with the functionality of their domestic hot water system, increased and unexpected plumbing repair costs, and they are ultimately facing a major plumbing riser replacement program far sooner than expected, impacting Reserve Fund Study budgets and timings.

For condominiums that have been fortunate and have not seen widespread issues with the epoxy lining, an end-of-life strategy for dealing with the epoxy needs to be considered. Will the building deal with future epoxy lining failures on a case-by-case basis, or proactively replace the risers? Given the large

number of failures in the industry, it is prudent to assume the epoxy lining will not achieve the promised service life, and to plan for an earlier riser replacement in the RFS. Have these conversations with your consultant and reserve fund planner.

In hindsight, the whole epoxy lin-

ing process seems prone to issues from a quality control perspective. There was simply no way to practically carry out effective quality control review inside the pipes during critical stages of the lining process, leaving buildings susceptible to workmanship errors that could greatly impact the longevity of the system. Unfortunately, once problems do develop, there is no easy remedy.

Brad Gascoigne, B.Arch.Sc., BSS is the Principal, Building Science 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. Gascoigne holds a Bachelor of Architectural Science in Building Science from Ryerson University and a Building Science Specialist (BSS) designation.

Rick Malda Arizona Outdoor Solutions Inc..

Essential Considerations for Property Managers Regarding Irrigation Systems

As spring approaches, landscape and irrigation become a topic of mind again. We thought it might be helpful to point out some of the less thought of issues to think over when it comes to managing properties with irrigation systems.

Understanding Irrigation System Activation times

Property Managers should be vigilant about the timing for activating irrigation systems. Typically, in Southern Ontario, there’s no pressing need to start watering landscapes before the Victoria Day long weekend. It’s crucial to know whether you can manually turn off the control panel until then, or if you expect the irrigation contractor to handle it. Leaving the system on “auto” too early, around April 15, can lead to ineffective watering, especially if relying solely on rain sensors. Consider a smart Wi-Fi control panel for more efficient management, allowing for remote activation or deactivation.

Watering Needs Across Different Property Areas

Irrigation needs can vary significantly across a property. Areas behind units, shaded spots, or those at the building’s rear may have different requirements from when they were initially landscaped. Irrigation contractors typically activate all zones without adjusting for changed needs, often leading to over or under-watering. It’s essential to reassess and adjust the watering schedule to fit the current landscape requirements.

Irrigation System Asset Health Checks

An up-to-date overall asset condition report for your irrigation system can pre-empt costly repairs and budgetary surprises. Aging components such as booster pumps and control panels or a high number of sprinklers or zones might necessitate future expenditures. Unlike basic opening or closing services, a comprehensive assessment helps maintain the system’s efficiency and longevity.

Prioritizing Key Areas for Irrigation

Informing your irrigation contractor about the property areas most valued by owners can significantly influence maintenance priorities. Knowledge of these priorities allows technicians to focus their effor ts on improving or repairing these critical areas first, ensuring that the most impactful parts of your landscape receive the attention they deserve.

Comparing water bills during peak irrigation months (June, July, and August) against the past 2-3 years can provide insights into the

system’s efficiency. An inefficient system may be costing you more than necessary, and upgrades can often pay for themselves through water savings.

Collaboration Between Landscape and Irrigation Contractors

Fostering a relationship between your irrigation and landscape contractors can lead to more cohesive property maintenance. Since landscape contractors are likely on-site more frequently, they can quickly communicate any issues to the irrigation contractor, preventing minor problems from escalating into major concerns.

For property managers, keeping these considerations in mind can

greatly enhance the effectiveness and efficiency of irrigation systems, ultimately benefiting the landscapes they manage and the residents they serve.

We like to consider water as a very precious resource, not to mention a pretty expensive one! Why not try and use it more efficiently! If you’d like to know more about how we can help, please reach out to us!

https://arizonaoutdoorsolutions.ca/commercial/efficiency-audits/

to our Newest Members:

BUSINESS PARTNER MEMBERSHIP

Broadway Lighting and Irrigation - Ridgeville, ON

Burlington Electricity Services Inc. – Burlington, ON

Onyx Condo Management - Kitchener, ON

SDA Building Services Inc. - Mississauga, ON

CONDO CORPORATION COMPLIMENTARY MEMBERSHIP

Wentworth Condo Corp # 134 - Hamilton, ON

INDIVIDUAL MEMBERSHIP

Ross Boncori - Stoney Creek, ON

Rick Malda – President Arizona Outdoor Solutions Inc.

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.

CCDC Contract Questions

Patricia Elia Elia Associates

What is the CCDC contract?

CCDC refers to the “Canadian Construction Documents Committee” (“CCDC”). This Committee was created nationally to be responsible for the development, production, and review of standardized construction contracts. It is comprised of volunteers from across the country in different sectors of the construction industry and includes public sector owners, private sector owners, and members from the Canadian Construction Association, The Association of Consulting Engineers of Canada and Canadian Bar Association members. The CCDC creates a baseline construction contract for certain types of construction contracts. The objective of the CCDC was to create reasonable fair standards for all the parties involved in the contract. What is great about a CCDC in the condominium industry is that it is a time and money saver, whil

What are the different t ypes of CCDC contracts?

For a full listing of condominium CCDC contracts, check out the website www.ccdc.org , which will provide you with a range of different types of contracts. In the condominium industry, we focus

on the CCDC 2, which is a stipulated price contract or a fixed price contract (updated as of 2020); and the CCDC 4, which is a unit price contract (updated as of 2023); the CCDC 14, which is a design-build stipulated price contract and the CCDC 41, which deals with insurance requirements. The type of project will dictate the best type of CCDC to use. CCDC 2s are often the best for condominiums, in most projects because condominium Corporations want to be cost-effective and they want to know the cost upfront. There are other ways to approach projects and it would be wise to speak with your consultants to determine the best methodology for contracting. Each has various pros and cons, and they should be explored with legal counsel.

What situations should a condominium use a CCDC in?

The CCDC should be used for any major construction project at your condominium Corporation. In my opinion, anything over $50,000 that has implications on the assets of the Corporation and requires a consultant, should have a CCDC. Why? Because the CCDC is a comprehensive risk management strategy. The CCDC addresses topics that will still be relevant even for a smaller project. For example, health

and safety, indemnities, or insurance. Further, these are things that a condominium Corporation would not want to have its lawyers draft because it would be cost-ineffective. Accordingly, I would recommend you talk to your consultant to get feedback on whether a CCDC should be used in the context of the project. For anything over $100,000, without a doubt, a CCDC should be considered the baseline. I have heard of condominiums entering into large contracts greater than $100,000 on a purchase order. This is completely unacceptable in my opinion, and I think would be a breach in industry standards and may be a breach of a director’s duty, under Section 37 of the Condominium Act, 1998, S.O. 1998, c. 19 (the “Act”). So please get the right advice on when to use the CCDC.

What happens if a project goes wrong and there is no CCDC or contract to fall back on?

Good luck and get ready for legal proceedings and the bills associated with the same!!! The Corporation is going to be subject to whatever the common law position is of the day. The value of a good contract is that it creates clear obligations, processes, and delineates risks and obligations for the parties. When we work with CCDCs, we are focusing on the interests of our condominium Corporation and protecting its interests. This is important to appreciate. Who is protecting the interests of the condominium Corporation in the contract? It is the condominium lawyer. Other parties may have different interests regarding costs.

Accordingly, to bring balance to the situation, it is important that the Board also allow CCDCs to be reviewed by legal counsel, so that it can be vetted for risk issues and that Supplementary Conditions may be added. Supplementary Conditions modify the terms of the contract but are extremely valuable to customizing the Agreement to the actual transaction and the scope and nature of the project’s work. One special consideration is that, unlike most construction sites, a condominium is full of people, so we must address noise, dirt, debris and interferences.

Who should prepare the CCDC contract?

We prefer if the Consultant prepares the CCDC draft initially. Then this will go to the Contractor for their feedback and then it should go to legal counsel for the Corporation. We have seen in the industry, and we are not surprised that sometimes the Supplementary Conditions or changes made to the CCDC, do

not always reflect the best interests of the Corporation or have to be negotiated slightly. This is important because a condominium is a non-for-profit organization at the end of the day, and we want as little risk of falling onto the Owner as much as possible. I am always impressed with the evolution of the Supplementary Conditions, they are not static, especially with changes to the Construction Act, R.S.O. 1990, c. C. 30. We find that consultants are very proactive in their thinking and in trying to address issues of risks. It is always great to have another set of eyes to address these as well.

Patricia Elia is a senior lawyer with Elia Associates and has practiced law for over 25 years in the areas of condominium law and corporate law, in large and medium firms and the boutique specialty law firm of Elia Associates. Patricia is intrigued by the interplay of economics, the law and critical thinking models in condominiums and she likes to understand people. As a trained mediator, she understands the value of early and creative dispute resolution opportunities. As an active industry participant, she believes that the sharing of knowledge has the potential to empower Boards of Directors. Patricia is passionate about the condominium industry because of the important role condominiums play in the lives of real people.

Tool Talk

The mandate for the Professional Partners Committee has always been to promote and grow a network of trusted professionals for the benefit of all CCI members. To that end much of our focus has been organizing networking events where we bring together our business partners with our CCI members. The majority of these events are planned as educational seminars where our professionals present on a wide variety of topics that the Committee feels will benefit our membership.

The Tool Talk series of videos will provide some behind the scenes views of our professionals to highlight a few of the many services our experts provide to their condo clients. The idea is for these short videos (3 to 4 minutes each), to give our membership a behind the scenes look at our experts at work. Many of these clips will be a view of activities/operations which may never have been seen/witnessed by our members before. Some of the first videos will focus on engineering, contracting and emergency/ disaster response.

The video clips will be uploaded to the CCI Golden Horseshoe website for easy viewing access and a library of multiple topics/insights will be created. We hope the clips will provide a fun and interesting look “behind the curtain” with our professionals while also educating the viewers on the methods, materials, operations utilized to inspect, resolve and repair typical problems being faced by condominiums within our community.

You can review our current library of videos here: As always, the committee welcomes input from our members. If anyone has a suggestion for one of our videos, please feel free to reach out to us at admin@cci-ghc.ca.

View Tool Talk Videos

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 partici-pants

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!