CondoBusiness Fall 2023 by MediaEdge

Canada’s Most Widely Read Condominium Magazine

Fall 2023 • Vol. 38 #3

A CALL FOR SAFER CONDOS

PM#40063056

Reducing escalating conflicts

What’s next for condo insurance, the new minimum wage hike, and revamping reserve funds

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Contents 52

LEGAL

FEATURE

MAINTENANCE

6 Bill 91: Permission Given But Details Missing

54 Reducing Exterior Condensation

Safe Spaces By Rebecca Melnyk

By Sonja Hodis

40 Access to Units for Common Element Work By David Thiel

By Thomas Noël

GOVERNANCE 30 Continuing Education for Condo Board Directors: Getting it Right By Pat Crosscombe

One Size Doesn’t Fit All By Jake Fine

FINANCE 10

DESIGN & RENOVATION 46

IN EVERY ISSUE 4

Editor’s Note

New & Notable

All About Noise By Mina Tesseris and Denis Gagnon

The Reserve Fund Overhaul

By Val Khomenko and Pavlo Khomenko

14 Unintended Consequences in Capital Repair Planning By Lyndsey McNally

18 Minimum Wage Impacts: Who Foots The Bill? By Quintin Johnstone

24 Condominium Insurance: Then, Now and What’s Next? By Tricia Baratta

58 Tailoring Amenities to Evolving Demographics By John Brea

“There is an experiential

void that continues to grow, which has and will continue to be a huge problem.” Page 35

EDITOR’S NOTE

Safety Keepers Every year brings new learning

opportunities for the condo industry, and this year, they

include a wide range of topics—from recent legal cases to another minimum wage hike. The call for safety reform in condo corporations has also been top of mind. Members of the industry have expressed heightened incidents of harassment among boards, managers and owners. Others have spoken out about de-escalation, emergency preparedness, and potential legislative changes. There are many nuances when it comes to how condo boards can protect their communities. We cover some of this in a story on page 32. Other pieces dig into aging (and underfunded) condos and making continuing education more effective for board directors. On the legal side, we look at a new case that highlights unit access when addressing common element repairs. Another condo lawyer expands on the intricacies of Bill 91, which very recently made virtual meetings and e-voting without a bylaw permanent. There’s much more. As always, for any readers wishing to share their insight or ideas for future articles, feel free to reach out any time to the email below. Wishing everyone a wonderful fall season!

Rebecca Melnyk Editor, CondoBusiness rebeccam@mediaedge.ca

Associate Publisher Bryan Chong Editor Rebecca Melnyk Advertising Sales Bryan Chong, Sean Foley, Ron Guerra, Jason Krulicki, Melissa Valentini Art Director Annette Carlucci Graphic Designer Thuy Huynh Production Coordinator Ines Louis Contributing Writers Pat Crosscombe, Tricia Baratta, John Brea, Jake Fine, Denis Gagnon, Sonja Hodis, Pavlo Khomenko, Val Khomenko, Lyndsey McNally, Thomas Noël, Mina Tesseris, David Thiel. Digital Media Director Steven Chester Subscription Rates Canada: 1 year, $30*; 2 years, $55* Single Copy Sales: Canada: $10*. Elsewhere: $12 USA: $85 International: $110 *Plus applicable taxes Reprints: Requests for permission to reprint any portion of this magazine should be sent to info@mediaedge.ca. Circulation Department Adrian Holland circulation@mediaedge.ca CONDOBUSINESS is published six times a year by

President Kevin Brown Director & Group Publisher Sean Foley Accounting Manager Michele Therien 2001 Sheppard Avenue East Suite 500 Toronto, Ontario M2J 4Z8 (416) 512-8186 Fax: (416) 512-8344 e-mail: info@mediaedge.ca CONDOBUSINESS welcomes letters but accepts no responsibility for unsolicited manuscripts or photographs. Canadian Publications Mail Product Sales Agreement No. 40063056 ISSN 0849-6714 All contents copyright MediaEdge Communications Inc. Printed in Canada on recycled paper.

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BILL 91 – PERMISSION GIVEN BUT DETAILS MISSING No one expects to be grateful

BY SONJA HODIS

for a pandemic. However, condominium corporations and property managers can thank the pandemic for

one thing – the modernization of how meetings, voting and service of documents occur for condominium communities in Ontario.

6 CONDOBUSINESS | Part of the REMI Network

LEGAL

hanks to the recent permanent changes to the Condominium Act (the Act), courtesy of Bill 91, Less Red Tape, Stronger Economy Act, 2023, which came into effect on October 1, 2023, many of the temporary pandemic-imposed changes, which allowed for virtual meetings, voting and electronic service, have now become something that is permanently permitted without the necessity of a bylaw. There has also been one new change with the addition of section 45(9), which puts an end to any debate about whether an owner who casts a vote ahead of the meeting counts towards quorum for the meeting. Below is a summary of the three main areas in which the Act has been permanently changed: Virtual meetings - owners and directors Whether the meeting is completely virtual, in person or a combination of both (hybrid), condo corporations can now legally hold a valid owner meeting in any of these formats without a bylaw authorizing it. In terms of director meetings, they can be held in person, virtually or a combination of both, and the consent of all directors to the format of the meeting is not required. In order for the meeting to be valid, all directors and those participating in the meeting must be able to communicate with each other “simultaneously and instantaneously”. If the meeting is virtual, instructions for how to connect to the meeting and how to vote must be included in the Notice of Meeting. It is interesting to note that section 45(8) of the Act requires that all owners must be able to reasonably participate, regardless of the format of an owner meeting. What is “reasonable” participation is not defined in the Act or in Bill 91. Despite this lack of clarity in the legislation, it will be important when planning the format of your meeting to keep this requirement in mind, especially if you are choosing a virtual or hybrid model. It is also interesting to note that this requirement is different from the simultaneous and instantaneous requirement for director meetings. Obviously, the government intended a different standard for director meetings from that of owner meetings as they used different language in the description of the requirements for each. Only time will tell whether this will have a practical impact or not. Based on the use of

the word “reasonable”, it appears that the standard for participating at an owner meeting will be interpreted as something less stringent and more flexible than a director meeting and could be dependent on the community itself. What is reasonable in one community may not be reasonable in another. Despite the different wording used in the legislation, I see no reason why an owner meeting should not be conducted to the same standard as that required for a director meeting. Would it not be reasonable for an owner, who attends a meeting, to be able to participate at the same time as other owners regardless of how they joined the meeting? One explanation for the difference in standards could be due to the new addition of s. 45(9). Voting Section 45(9) is one of new changes to the Act that was not part of the temporary provisions in place during the pandemic. Section 45(9) deems that an owner who casts a vote before the meeting date is to be counted towards quorum as if the owner were present at the meeting. This change is welcomed as it settles any debate about whether an advanced vote counts towards the quorum requirements for a meeting. However, this change also makes it impossible for owners, who are deemed present at a meeting that they are not physically attending due to casting a vote in advance of the meeting, to participate simultaneously and instantaneously with those who are actually attending the meeting days if not weeks later. While the amendment in this section clarified the debate on the quorum issue, the legislative changes have fallen short as they fail to address the practical issues which can occur when owners are not in attendance at the

actual meeting and have voted in advance of the meeting, such as amendments to motions from the floor, nominations from the floor for candidates, etc. While advance voting will be convenient and may encourage more participation, owners need to be made aware of the limits of advance voting and should be encouraged to attend the actual meeting, which can be facilitated with virtual or hybrid meetings. Although advance voting is permitted, condo corporations may want to consider if it makes sense for the particular meeting they are having and may want to set some parameters regarding advance voting in their bylaws. Section 52(1.1) and (1.1.1) also confirms that voting can take place by a variety of methods or a combination of those methods. Voting can take place entirely by electronic or telephonic means (the definition is now contained in the definition section of the Act) unless the corporation provides for something else in their bylaws. Section 55(1) has also been updated to deal with record keeping requirements for ballots and proxies. It includes all ballots or instruments appointing a proxy that are submitted for a meeting or delivered before the meeting, including any record of votes cast through telephonic or electronic means both before and after the meeting. Service by methods other than in person or mail We all know how difficult it was to obtain the signed agreement to receive electronic notice forms from owners to allow service of documents to owners electronically. This method of service has saved condominium corporations a great deal of money as they did not need to pay for printing and postage

www.REMInetwork.com | Fall 2023 7

LEGAL costs. Thankfully, the temporary measures, same manner as during the pandemic, ser vice of notices and updated their which allowed service by electronic means the government has failed to provide bylaws in the last year or two. However, without the owner’s consent by way of the necessary details with respect to it would be advisable for condominium the prescribed form, have now been made process and procedures required to corporations to speak with their legal permanent. make the concepts of vir tual / hybrid counsel about whether an update or As such, if an owner provides an email meetings, elec tronic and ad vanc e d further update to the bylaws is required. address at any time to the condominium, voting and service by electronic means For the few condo corporations that do then the corporation can use email as work in the day-to-day operations of a not want to embrace these permanent a way of serving notices or things unless condominium. changes, the Act has allowed them to the bylaws say otherwise or the owner has A s a result, they are still forcing opt out, but it will require an amendment advised in writing that they will not accept condominiums to deal with many of to their bylaws. Corporations who are notices or things by email. the specific details by way of a bylaw considering this should speak to their Electronic means would also allow for amendment. Some corporations have legal counsel about any concerns. Rather service by fax. While many condominiums implemented processes and procedures than opting out, the solution may lie in already ask for the owner’s email address, it to deal with virtual and hybrid meetings, implementing parameters regarding would be a good idea for condominiums to electronic voting, advance voting and procedure to address your concerns. 1 send out yearly owner and tenant information forms instructing owners and tenants Sonja Hodis is a litigation lawyer based in Barrie who practices condominium law in Ontario. to provide updated contact information She advises condominium boards and owners on their rights and responsibilities under the including email addresses. Condominium Act, 1998 and other legislation that affects condominiums. She represents her This will ensure the most current clients at all levels of court, various Tribunals and in mediation/arbitration proceedings. She information is always on file should a also acts as mediator or arbitrator in condo disputes. Sonja can be reached at (705) 737-4403, corporation need to provide notice to a tenant sonja@hodislaw.com or via her website at www.hodislaw.com. or owner. The email address will become a record of the corporation, but this information This article is provided as an information service and is not intended to be a legal opinion. is not to be shared with other owners. Readers are cautioned not to act on the information provided without seeking legal While it is great that Bill 91 has given advice with respect to their specific unique circumstances. Sonja Hodis, 2023 All Rights 1 2018-04-13 2:44 PM permissionDelProperty_Condo_March_2018_torevise.pdf to continue to operate in the Reserved.

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THE RESERVE FUND OVERHAUL On the deteriorating condo crisis and a system desperately calling for change

Ontario has seen an unprec- BY VAL KHOMENKO AND PAVLO KHOMENKO edented boom in condo construction over the past few decades, but many

of these promising investments have been showing signs of advanced wear and tear, posing significant challenges to both owners and condo sector professionals.

s the landscape of aging condos continues evolving, the need for adequate reserve funds to pay for these repairs assumes greater importance. There is a perfect storm. These condos are underfunded and their reserve fund studies are in shambles. By examining the dilemma,

overhaul potential, and financing, there is a glimmer of hope. The deterioration dilemma Deteriorating condos in Ontario, with severely underfunded reserve funds, have become a pressing issue that threatens the overall well-

10 CONDOBUSINESS | Part of the REMI Network

being of both residents and property values. Some of the key problems contributing to this crisis include: Deferred maintenance: Many condominium corporations have deferred essential maintenance work to cut costs. This means that nec-

FINANCE

essary repairs and replacements have been postponed, leading to the gradual decline in the building's condition and ballooning price tags for refurbishment or replacement. Construction deficiencies: The insufficiency of quality control during construction, coupled with inadequate practices and materials used in the past, is coming back to haunt condo owners. Leaky roofs and garage membranes, faulty plumbing, and subpar insulation are common issues that affect the structural integrity and comfort of condo units. Financial mismanagement: Some condo corporations have struggled with financial mismanagement, failing to collect sufficient money for reserve funds to conduct necessary replacements and repairs. This leaves them ill-equipped to address major issues when they arise. Aging infrastructure: Just in Toronto alone over 42,500 condominium units were constructed during the 1970s and 1980s. As these buildings approach critical years, they require significant updates and renovations

to meet current safety and energy efficiency standards. Addressing the crisis Recognizing the gravity of the deteriorating condo crisis, it’s important for the government as well as boards, to take concrete steps to address the issues. Revamp the reserve fund: It is time to revamp how communities view and conduct reserve fund studies. It has been treated as a guideline and not necessarily a prescription. There needs to be serious consideration of a legislation amendment allowing condominium boards to conduct published updates every year, similarly to the insurance appraisal. An insurance appraisal is typically done every three years, similar to reserve fund studies, with replacement cost value updated annually. Perhaps one answer is to amend the legislation with declarations also containing provisions to conduct these period studies as prescribed. The expected result is more accurate numbers, better financial understanding and, more importantly, planning.

Furthermore, the reserve fund study needs to be treated similarly to the annual financial audit, with owners voting on appointments. This way, the reserve fund consultants are answerable to the owners annually at the AGM, with the presentation of the annual update of the reserve fund during the section of the agenda allotted for that purpose. The report will carry more weight, the risk of underfunding by boards will be reduced as there is great transparency in the numbers, and the owners will gain the information to make financial decisions regarding one of their largest investments. With this level of transparency, the reserve fund consultants will have an even higher degree of accountability to deliver a mustsee-and-act report rather than a spreadsheet with numbers that boards can tweak at a whim. This plan will require additional fine tuning, but the conversation must begin somewhere. The current system is no longer sustainable and efficient; it's desperately calling for change. Condo finances: it’s all in the numbers Condominium corporations can only raise

www.REMInetwork.com | Fall 2023 11

FINANCE

funds through common element fees, special assessments, interests on the balances and investments and sundry income. What if the corporation was truly run as a business and was focused on profit? The industry constantly mentions property values and investments in condominiums. Would it not make sense to have these corporations profitable to maximize the investments? With high condo fees, special

assessments, and underfunded reserve funds, the values and investments will certainly not look favourable and become undesirable. As the condominiums are becoming one of the primary forms of residence, it’s time to deliver on the finances. Several streams of income are already in place, generating extra cash flow for the corporation. These include revenue sources like the installation of cellular antennas on the rooftop, marketing efforts,

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and partnership deals similar to those seen with downtown Toronto’s ICE condos and Airbnb, among many others. Additionally, some of the income streams may include selling filters for fan coils and ERV units; hard-to-find parts of bespoke plumbing fixtures: fill up valves, cartridges, handles, etc.; electrical supply: LED bulbs for building and suite- unique light fixtures; batteries for smoke detectors and garage remotes; doing laundry for guests staying in the guest suites; profit sharing with personal trainers for using condo amenities; vending machines in the larger buildings; mark up on the concierge services for parties; moving in and out; and 50/50 lotteries for the building during holiday seasons. Is there an opportunity to go beyond the sundries and the non-profit status? Absolutely. The condominium corporations can no longer cut expenses and services to the detriment of the resident experience. The conversation has to start around generating income. There are collective ideas that can be assembled and implemented to better offset the financial strains of not only reserve funds but operating budgets. If the condominium is facing great challenges financially, it is no longer taboo to consider financing arrangements with lenders for projects to address the infrastructure shortfalls. With construction costs increases outpacing the rate of return on investments of the reserve funds, would it not make sense to put a financial plan, that includes borrowing, in place to undertake critical projects and not defer? The condo reserve fund crisis in Ontario is a complex issue that requires a multi-faceted solution. While government regulations and initiatives have started addressing some of the problems, the journey towards resolving this crisis will be long and challenging. There cannot be a standstill approach. 1 Val Khomenko, RCM, OLCM is a Regional C o nd o miniu m M ana g er with TS E Management Services Inc., providing full-service property management and consulting services in the Greater Toronto Area. Pavlo Khomenko, O LC M , R C M is a Condominium Manager with Del Property Management Inc. based in Toronto, Ontario, providing condominium management services in the Greater Toronto Area.

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www.REMInetwork.com | Fall 2023 13

UNINTENDED CONSEQUENCES IN CAPITAL REPAIR PLANNING

Capital repair planning in the condominium market is a crucial aspect of

BY LYNDSEY MCNALLY

maintaining and improving aging buildings. However, it is essential

to recognize that decisions made in this process can have unintended consequences. Working exclusively with condominiums that are experiencing financial challenges gives me a unique insight into some of the consequences of the past.

lthough our buildings are aging, the condominium market in Ontario is still young. We are learning valuable lessons together as the oldest condos go through their full building renewal cycles. A condominium manager who had read an article I wrote about the impact of inflation on repair projects recently asked me why no one is writing articles about creative

repair strategies that could potentially shelter corporations from the larger cost of full-scale replacements. It’s not that condominium corporations shouldn’t look at alternatives when faced with projects they can’t afford, but there is a risk of unintended consequences. Pipe lining is one example that comes to mind. For many years pipe lining was an

14 CONDOBUSINESS | Part of the REMI Network

attractive lower-cost solution to full riser replacement, and as a bonus the project was less disruptive to residents. More recently, many of these liners have failed, creating a need to replace water piping on an urgent basis. Not only has the original cost of the project sunk, but the condo must now find the money for a project they didn’t see coming so soon.

FINANCE

When we look at windows, retrofit p r o j e c t s c a n b e g o o d s h o r t - te r m alternatives, but they don’t reset the savings clock towards the larger, more expensive, full window replacement. In the meantime, economic pressures are making these projects less affordable every year because they are inflating at a much greater pace than consumer price inflation and the average salary. Another thing to think about is deferring future projects in reserve fund studies. If a project isn’t going to happen for a very long time, is there harm in pushing it a year or two, or phasing it unreasonably to keep the fees lower today? Many of our aging condos are now suffering because of these past decisions, trying to live with drafty old windows and aging interior finishes because the condominium corporation delayed saving for their replacements. Here’s one that’s near to the hearts of reserve fund planners— phasing in increases to condo fees. The fact is that longer phase-in periods equal higher condo fees in the end. Longer top-up periods only delay necessary increases to condo fees.

This is why most reserve fund planners will not accept top-up periods longer than three years as “adequate”. A recent client of mine, chosen at random, illustrates this point. The condo’s current plan is to increase reserve fund contributions 45 per cent each year for the next three years, which amounts to $371 per unit per month total. If instead they increased the contributions by 120 per cent in the first year, the increase required over the same threeyear period would be reduced to $233 per unit per month. The longer you stretch out the required increase, the larger the gap gets. The desire to reduce the cost today is natural, but the unintended consequence is that it’s making it harder and harder in the future to catch up to the level of contribution required. The unintended consequences are not always financial. There are issues associated with safety, liability, community standards, proper t y values, project execution, and insurability to consider. There is still an important point to be made here about due diligence. Condo corporations

should absolutely explore information about their repair options, and there is no harm in exploring creative solutions. If you are spending on behalf of your community, be sure that you are doing the right thing, and the only way to do that is to understand all potential solutions. But always make sure to consider both the short- and long-term impacts as part of the decisionmaking process. 1 A more in - depth discussion on the unintended consequences in capital repair planning will be discussed during a panel on reserve funds at the 2023 Condo Conference on November 17. Lyndsey McNally is President of the Toronto & Area Chapter of the Canadian Condominium Institute and Director of Condominium Finance at CWB Maximum Financial where she works exclusively with condominium corporations, property m a n a g e rs a n d othe r c o n d o mi niu m stakeholders to develop and implement customized financing solutions. She is also a licensed condominium manager.

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SPONSORED CONTENT

SCRAP THE PAPER - INTERACTIVE DIGITAL INFORMATION HUBS KEEP RESIDENTS INFORMED

Complaints about poor communication rate high among owners of condominium units. Those who are not on the Board often report feeling out of control when it comes to knowing what is happening in their buildings. Requests for better communication are a regular minuted item at the AGM. Newsletters get suggested, website portals proposed, but these take time to produce and maintain. For property managers, communicating with residents represents a substantial part of the job. For large, active buildings, bulletins may be a weekly or even daily occurrence. Despite advancements in technology, many property managers still turn to paper notices to provide updates to residents. Whether they deliver it themselves or take valuable staff hours away from the concierge, superintendent, or security desks, plastering up notices in the lobby or elevators, or delivering them under doors, is time intensive and costly. An interactive digital information hub in the main lobby of a building allows anyone entering or leaving the building to be updated on matters directly affecting their community. With customdesigned interfaces, youRhere’s digital hubs provide a multimedia solution designed to engage and offer a sustainable solution to communication in condominiums. With freedom from paper usage realized, condominiums can share positive updates as well as unwelcome news. No matter where you are, whatever the message, your residents can be promptly and properly informed.

“It’s obviously inefficient and time consuming for management to go around putting up and taking down posters,” says Scot Martin, President and CEO of youRhere. “Schedules can change at the last minute and notices need updating. Then someone must go around and physically replace the originals with updates. Digital signage is an efficient way of reaching your condominium resident base—of changing or updating notices with a few keystrokes on a laptop or smartphone—all while reducing your carbon footprint.” ENHANCE YOUR BUILDING’S AESTHETIC Interactive digital hubs for condominiums can be floor, wall, or desk-mounted, fixed or portable. Providing multiple language options, they break down barriers for those with English as their second language. For residents who are sight or hearing impaired, youRhere information hubs can be equipped with text to voice easily accessed through headphones. For those who are mobility impaired, the menus on standalone units are electronically height-adjustable and easily accessed by residents in wheelchairs. NOT TO MENTION THE AESTHETICS. “If you have a condominium with a grand entrance and a million-dollar lobby, installing a state-of-the-art digital screen makes a statement consistent with the desired building image. It’s much nicer than a dog-eared piece of paper hanging off the wall,” asserts Martin. Accessed through a portal on youRhere’s website, clients use a simple Content Management System (CMS) to update information on the interactive hubs. Data is cached locally and stored in a computer behind the screen so that if the building loses internet access, information remains displayed. No graphic design or website experience is required for making updates, and youRhere will design a multitude of templates to best suit the needs of the building. Unlimited changes can be made through the CMS and

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MAINTENANCE, REPAIR AND CONSTRUCTION NOTICES In condominiums, the most common type of communication is to alert residents of ongoing work in or around the building. Need to alert everyone that there’s a planned water outage? Are you planning a ﬁre inspection? Even if the work gets rescheduled, residents will know the most current information. ANNUAL GENERAL MEETINGS AND SPECIAL EVENTS Let your residents know the date of the next AGM or other meeting. Let them know where and when, long before they get their Notice of Meeting package. Digital hubs are also a great way to let your community know about upcoming social events!

can be completed via a multitude of devices including a smart phone. youRhere provide substantial training to enable authorized personnel to update messaging in real time, or if preferred, youRhere can take care of the changes as well. No matter which option is chosen, a great support team is available to guide users through each step. To make best use of the hubs, usage data can be easily downloaded and analyzed to best understand who is using the screens and how they are being used. This can be helpful when deciding how to best tailor messaging, as well as which types of information are attracting the most users. SURPRISINGLY AFFORDABLE Digital hubs are surprisingly aﬀordable—they can be purchased upfront through a one-time fee with monthly maintenance payments, or they can be leased. Some clients have also accepted advertising from local businesses, perhaps a nearby restaurant or coﬀee shop, allowing the corporation to recover associated monthly costs. What kind of information can digital hubs relay?

information hubs can provide navigational gateways for visitors and provide QR codes so that directional information travels with them. KEY CONTACT & LIFE SAVING INFORMATION In the event of an emergency, knowing who to call is crucial. Phone numbers for the condominium management office, superintendent, and key personnel can all be stored in the digital hub, along with information on defibrillator locations. Interactive digital information hubs offer much more than traditional signage. Modern, visually impactful messaging keeps residents engaged and informed.

AMENITY INFORMATION, HEALTH & SAFETY UPDATES, & WELL WISHES Many properties use digital hubs to provide information such as opening hours for the gym and pool. Digital hubs were used extensively during Covid to communicate health and safety messaging. The screens can also be used for well-wishes during holidays or celebrations. LOCAL TRANSIT ALERTS & SCHEDULES OF SPORTING EVENTS Help get your residents to where they need to be! youRhere’s digital hubs provide real-time transit information so residents can jump on the next scheduled bus, subway, or train, without having to wait outside in the cold or rain. Some clients in the downtown of major cities choose to display schedules of major sporting or concert events. “This allows people to plan any travel around the game or event and avoid expected traffic,” explains Martin. VISITOR INFORMATION Digital signage can provide helpful insights for first time visitors to the building. For prospective unit purchasers, a display of photos advertising the amenities, local businesses, and community events, can give them a sneak peek into their prospective community. Condominiums may be part of a multi-use facility such as a hotel, office complex, or have retail space on the ground floor. Digital

Scot Martin is CEO of youRhere, a leading provider of interactive digital signage solutions for commercial, retail, healthcare, and educational properties across Canada. For more information, visit www.youRhere.ca.

ONTARIO MINIMUM WAGE INCREASES: WHO FOOTS THE BILL? Condominium service providers are always challenged to provide

BY QUINTIN JOHNSTONE

superior service while helping boards remain fiscally prudent. Part of that equation is a commitment to pay employees more and with great benefits so that companies

can attract and retain great talent. The goal for most companies is to pay employees more than the minimum wage while remaining market competitive. It is a very difficult balancing act to keep both clients and employees happy.

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FINANCIAL MANAGEMENT

n October 1, 2023, there was another Ontario government-imposed wage increase. This time it was a 6.8 per cent increase improving minimum wages from $15.50 to $16.55 per hour. This minimum wage increase is larger than most in recent history, second only to that imposed on January 1, 2018. Many are unaware that the effective rate of this increase is much higher because all such wage increases include impacts to wage fringe (WSIB, EI, CPP, EHT, etc.). The net effect of this wage increase is over 8 per cent. The intention of government-imposed minimum wage increases is to provide lower income earners with a living wage. In

2022, there were over six million workers in Ontario, 942,400 of those earning minimum wage. The Ontario minimum wage is the fourth highest in Canada despite the province having the highest percentage population at 38.45 per cent. A living wage is the hourly amount a worker needs to be able to function, stay healthy, and participate in the community. This includes things like food, housing, clothing, and transportation, and varies between $15 and $33 depending on the community throughout the country. There is a lot of ongoing online debate on minimum wages, good, bad, ugly, pros and cons. Most condominium boards are

We’ve Got You Covered At Crossbridge, we consistently strive to provide the best possible service to owners and residents alike. As the leading condominium property manager in Ontario, our experienced team focuses on your needs and offers industry-best practices that help to promote operational efficiency and long-term satisfaction. Great condominium communities don’t just happen on their own. Let our team help.

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FINANCIAL MANAGEMENT

“Boards and service providers need to come together and have open

conversations to manage expectations on service quality versus the costs involved.” same time, have to pay employees more to attract talented people.

sympathetic to employees, even demanding higher wages in contracts. Boards want to help employees and attract great talent, but not at the expense of their corporation. Let’s take our minds back to 2018 when the minimum wage in Ontario was increased from $11.60 per hour to $14.00 per hour. Business and condominium owners were shocked by the whopping 20.69 per cent increase because it was communicated with very short notice and ill-timed during a provincial election. This angered many in Ontario, but minimum wage earners benefitted by improved lifestyles. Condominium boards struggled to explain double-digit maintenance fee increases that hit the pocketbook of owners hard. The government has continued with smaller minimum wages increases and also wage fringe increases each year since that time. Fast forward, in 2023 Ontario's average living wage is now estimated at $19.72 per hour. The Greater Toronto Region has the highest living wage set currently at $23.15 per hour, and the lowest is reported in London-Elgin-Oxford at $18.05 per hour. Boards often ask, “Why is it that condominium owners always have to foot the bill for such increases and when will it end?” This latest increase by the government, like all others, is designed as a flowthrough with cost increases that are direct-

ed to end users and is based on the Consumer Price Index (CPI). This is similar to such increases and taxes that stem as far back to the implementation of the harmonized sales tax (HST) in July of 2010. The HST impacted all end users heavily at that time. Like tax hikes, government-imposed minimum wage increases affect not just condominium owners, but everyone directly and indirectly. Take for example, restaurants that are recovering from the COVID-19 pandemic. Traditionally, restaurant owners pay their staff minimum wage, allowing their workers to keep all tips. Tips represent a very large portion of their weekly take-home pay. The restaurant owner must raise menu prices to offset such minimum wage increases along with food price inflation. This scenario can be translated to other businesses in Ontario. Some of the minor annual increases have been absorbed by building services providers since January 2018 but quickly forgotten when the next increase is on the horizon. Security, cleaning, and maintenance companies cannot completely absorb larger increases as the one that was imposed on October 1, 2023. Profit margins for such service providers are very lean as they try to maintain competitiveness in this marketplace while, at the

20 CONDOBUSINESS | Part of the REMI Network

What’s next? Ontario's average living wage is now $19.72 per hour. With the latest increase on October 1, 2023 that was set at $16.55, there is still a $3.17 shortfall that the government will very likely want to fill at some point. That represents a 19 per cent gap. How long will it take for the Ontario government to fill this 19 per cent gap? That is a political question that the government will struggle with. One thing is for sure: the Ontario government has signaled their intention to raise the minimum wage again on October 1, 2024 and thereafter at least once a year. Each year there will be a cat and mouse game of service providers asking for more money and boards demanding companies to sharpen their pencils. When will it end? It is a reality that government-imposed minimum wage increases are here to stay for the foreseeable future until the wage gap narrows. So, for everyone who lives in Ontario at least for the near future, we all can expect higher costs of consumable goods, rent, restaurant tabs, and, yes, condominium maintenance fees every October. Maintenance fee increases are never an easy pill to swallow, especially for those on fixed incomes, but it is a reality that everyone must prepare for. For board members and property managers come budget time, be prepared. This is the new norm. Boards and service providers need to come together and have open conversations to manage expectations on service quality versus the costs involved. October 1st is a new anniversary that workers will look forward to each year moving forward but not so much for those who have to foot the bill. 1 Quintin Johnstone is CEO of Samsonshield Inc. & Riskboss Inc. https://samsonshield. com/ and https://riskboss.com/

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SEASONS TO CELEBRATE:

One Hundred Years of Landscaping

uring their 100 years in business, Salivan Landscape has learned a thing or two. To be successful, you get up early, work hard, and prepare for long days. When dealing with condominiums, you need to double your efforts. Keeping a contract secure means providing consistent and reliable service, value for money, and flexibility. Throughout the lifetime of a condominium, the physical building stays the same, but the board of directors often changes. Maintaining those relationships can be challenging, but it is possible. Salivan Landscape has clients who have been with them for decades. While each new board comes with a fresh set of expectations and visions for their property, Salivan focuses on providing excellent customer service and quality care and maintenance. Dedication, craftsmanship, and pride in their work have been

key components to Salivan’s work ethic since 1923. That is when an Italian immigrant named Nicholas Salivan began looking for gardening work in Toronto’s Rosedale and Forest Hill areas. Since then, the principles of landscaping have stayed the same, but the volume of work has increased. Salivan began working with condominiums in the eighties, when Gregg Salivan took over the business from his father, Donald Salivan. Now they have a team of almost 100 employees to match their number of years in business. When working on condominium sites, crews are considerate of condominium rules and regulations regarding start times and stay in line with city bylaws. Landscaping days are long: on a typical day, crews leave the yard around 6:45 a.m.

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“When reviewing a new property, John and I will always go in person,” says Walker. This enables them to properly scope the common elements and understand the site’s existing plant material. As the summer comes to an end, we start thinking ahead to the upcoming fall season. Fall is a busy time of the year; you are not only cutting grass, but are also busy with removing the summer annuals, blowing leaves, and cutting back perennials. To reduce the chance of disease, it is important to remove as much debris as possible. Diseased spores can hide in fallen leaves, thriving through the winter. Removing as much as you can reduces the risk of having to restart disease preventative measures the following season. Once the foliage is cleared and perennials cut back, it’s time to burlap rhododendrons, yews and boxwoods, especially if exposed to winds. Over the winter, westerly winds can dry out the plants and cause browning of the evergreens. Some clients prefer an anti-desiccant treatment over burlap; this should be discussed with Salivan’s maintenance division. A final application of fertilizer to the lawn and trees will help the grass and trees green up in early spring as plants will store fertilizer over winter. When the plants emerge from a long winter, the stored fertilizer will help them flush out quicker. With gardens put to “bed” for the year, the focus turns to winter care. “Days are even longer in the fall as we have many large properties spanning several acres, with large mature landscapes requiring significant winter prep,” says Michael Walker, Assistant Manager of the Landscape Maintenance and Snow Removal Division who has been with Salivan Landscape for over 12 years. John Bontje, Manager of the Landscape Maintenance and Snow Removal Division, has been with Salivan for over 35 years. Together, they have a wealth of knowledge relating to landscape maintenance and recognizing disease and insect damage to plants and trees. If you are thinking of making landscaping upgrades, Salivan design beautiful, hardy gardens, and their expert team can tackle all kinds of landscape projects. Initial consultations with a client always involve a site visit.

Salivan provides excellent year-round service, giving their clients peace of mind no matter what time of year. In order to provide excellent service, they do not overload their crews with too many sites. If a crew has too many properties, especially during a heavy snow event, their response time becomes too lengthy and the quality-of-service declines. When considering a request for a proposal, Salivan consider the location and size of the property, and whether it fits into any of their existing routes. Too many times, landscaping contractors will grasp at every contract leaving themselves no time to service each of them properly. “We make sure that our routes never get too big, so our response time stays low to each site,” says Walker. Because they are a larger company, salt shortage has never been an issue for Salivan. “We have a good enough relationship with our suppliers that we’ve never had a shortage. We want to make sure that nobody is getting hurt on our properties,” he says. Thanks to good conduct during winter months, Salivan say they haven’t seen many insurance claims. “Our guys are very well-trained,” says Bontje. “We keep a detailed log of what we do in terms of what time we arrived, how much salt we use, and what time we leave.” As they celebrate 100 years, Salivan acknowledges their incredible client base and the relationships that have formed throughout a century of landscaping. They extend heartfelt gratitude to the Boards of Directors and Property Managers who have supported them and look forward to continuing to grow, trim, cultivate and redesign landscaping for properties throughout the Greater Toronto Area.

Salivan Landscape was founded in 1923 by Italian immigrant Nicholas Salivan. Learn more about the company’s services and history at salivanlandscape.com or call 416-321-2100.

www.REMInetwork.com | Fall 2023 23

CONDOMINIUM INSURANCE: THEN, NOW AND WHAT’S NEXT In recent years, we navigated a challenging insurance

BY TRICIA BARATTA, R.I.B. (ONT), LCCI

env ironment k nown as a “ hard market ”. This term

describes a period when multiple factors make it more challenging to secure and maintain suitable insurance coverage. In essence, the insurance companies were paying out more in claims than they were collecting in premiums.

o counter this situation, insurers adopted a more cautious underwriting process, resulting in increased rates and additional or more stringent requirements on condominium corporations during the renewal process, and fewer insurance companies participating in the condominium space altogether. In practical terms, a hard market often translated to increased premiums, stricter underwriting criteria, and a diminished selection of insurance choices. Due to the hard market, many condominium corporations faced substantial premium increases that exceeded their budgeted insurance expense, along with

higher deductibles that necessitate covering more losses from their own pockets. The significance of the broker-board relationship was emphasized during the hard market, as brokers played a pivotal role in providing advance notice of premium increases for budgeting purposes, educating the board and manager about rising premiums, offering strategic claims service, and advising on proactive risk management. Present realities: a mixed bag of progress and challenges We are currently witnessing some improvements in pricing. The insurance mar-

24 CONDOBUSINESS | Part of the REMI Network

ket overall has begun to soften slightly, offering a ray of hope for condominium corporations seeking more manageable premiums. Deductibles, once on a continuous upward trajectory, are now stabilizing, with the exception of increases in response to claims. The increasing costs of materials and labour have highlighted the importance of replacement cost appraisals to ensure adequate property insurance coverage is in place. These appraisals, if not completed from time to time, often reflect significantly higher values that the existing property limits; this results in a corresponding increase in overall premium.

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“Insurance renewals for aging buildings now include a

requirement to provide information about heating, electrical and plumbing components within the individual units, specifically focusing on their age and condition.” A corporation’s declaration may specify a timeframe for how frequently an appraisal must be conducted but the wording is often vague and open to interpretation. While appraisals can potentially lead to higher premiums, they also serve the crucial purpose of ensuring that corporations maintain sufficient coverage, reducing the likelihood of having to cover additional costs out of pocket in the event of a large claim. Insurance renewals for aging buildings now include a requirement to provide information about heating, electrical and plumbing components within the individual units, specifically focusing on their age and condition. These components are typically the responsibility of the unit owners for repair and maintenance, and as a result, the condominium corporation often lacks records for these components. The presence of aluminum wiring, fuses, galvanized plumbing, and aging water heating and furnace equipment all contribute to an increased perceived risk for a building. As a result, buildings 40 years of age and older are asked to provide proof of proper maintenance or updates of these components prior to receiving renewal terms. Conversely, brand-new constructions are considered riskier due to potential component failures, demanding greater scrutiny during the underwriting process. Future expectations: the road ahead As climate change increasingly influences our weather, there will continue to

be a heightened focus on the geographical areas where flooding, wind, and fire risks are higher. Condominiums located in vulnerable zones may face increased premiums and stricter coverage terms related to their geographic location.

T he availabilit y of municipal fire protection services will be under close scrutiny, impacting insurance pricing for those properties considered to be “unprotected” or without fire services within close proximity.

Trusted Advisors Garage & Balcony Assessment/Restoration Building Cladding Design, Assessment & Remediation Roofing System Design, Assessment & Remediation Reserve Fund Studies Performance Audits Energy Audits and Modelling Structural Engineering

RJC Engineers

rjc.ca www.REMInetwork.com | Fall 2023 25

FINANCIAL MANAGEMENT

Insurance companies will continue to emphasize updates to electrical, plumbing and heating components within the units. Timely maintenance and improvements will play an important role in securing favourable coverage terms and avoiding delays in the renewal process. Compliance with reserve fund studies will be closely monitored. Condominiums that update and follow the reserve fund study demonstrate financial responsibility and the commitment to preventative maintenance and repair parameters set out in both the insuring agreement and the Condominium Act. A frequently overlooked aspect of insurance costs is reinsurance, which can be viewed as insurance for insurance companies, serving as a safety net that allows them to distribute the risk of substantial losses. It is important to work with insurance companies that possess a reinsurance relationship and strong financial standing, as indicated by their rating on the AM Best Rating Scale. This rating offers insights into the insurer’s financial strength, ensuring their ability to effectively fulfill indemnity obligations in the event of a catastrophe.

Continue to do things right In addition to adapting to changing insurance landscapes, condominium corporations can continue doing several things right while adding on their current risk management programs: • Preventative Maintenance Programs: Continue programs for leak detection, dryer vent/duct cleaning, and fire safety planning. These programs remain crucial in helping to prevent losses and reduce the risk of insurance claims while providing evidence of continued risk management. • Learning from Losses: Analyzing the reasons behind previous claims can assist in developing strategies to prevent similar incidents in the future. When multiple claims of the same nature occur, it signals the need to review current risk management practices. During the renewal process, the insurance company will likely seek assurances regarding plans to address and improve the situation. • Collecting Information on Heating Systems and Water Heaters: Gather information on the age and condition of these components within the units. This data

26 CONDOBUSINESS | Part of the REMI Network

can assist insurers in assessing the risk and pricing coverage accordingly. A p ro p er t y w ith p ro of of newer components within the units can potentially be viewed as “updated” by the insurance company and premium savings may be possible. • Inspect Old Wiring: Have a professional conduct an inspection of aluminum wiring and follow through with any recommendations made. To minimize the risk of fire, any improper connections between copper-rated fixtures and aluminum wiring must be correct and documented. • Cho ose a C o nd o minium Broker: Collaborating with a specialized insurance broker is of utmost impor tance. Condominium specialists possess expertise in the distinct challenges and requirements of condominium corporations, making them an invaluable source of advice and support throughout the policy term. 1 Tricia Baratta, R.I.B. (Ont), LCCI, is a commercial insurance professional at Gallagher and president of CCI London and Area.

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Finessing Fenestration:

Managing Owner Expectations during Window Replacements

riginating from the Latin word ‘fenestra’ meaning “window, opening of light,” fenestration refers to the arrangement of doors and windows in a building. Modern day mid- and high-rise buildings maximize light through great expanses of windows. Replacement of fenestration is a major undertaking requiring detailed analysis, careful planning, and large amounts of coordination, especially at occupied condominiums. The project can be daunting, even for experienced board members and managers. There are many intricacies to untangle: throughout a building’s lifespan, window upgrades are essential to ensure energy efficiency and maintain envelope performance, but how can resident disruption be minimized? And the more pressing question, how can we afford it? “A fenestration replacement project will be one of the largest—if not the largest—capital expenditure a mid-to-high rise development will ever incur.” – Jon Dickson, M.Eng, P.Eng, BSS, Project Principal.

Fenestration replacement is challenging, expensive, and intrusive. Pretium estimates that from inception to completion, a full replacement project can take up to 50% of a property manager’s time. For a board of Directors, it can cause anxiety and stress due to the financial implications, constant coordination, and intrusive nature of the work, not to mention the varying expectations of the members of a condominium. Planning for a window project should start several years before the planned replacement. Increases in complaints related to windows and doors can indicate a need for replacement in the near term but planning for such a large expenditure requires a long term horizon. A reputable engineering consultant, such as Pretium Engineering, can provide an honest opinion on the current condition of fenestration assets and realistic replacement budgets, allowing corporations to proactively plan with confidence. It is never too early to undertake an assessment to confirm reserve funds are being collected towards a realistic replacement budget. If a window replacement is required earlier than anticipated in the Reserve Fund Study, or if undervalued, it may not be adequately funded. Financial planning is a critical component to a successful replacement program and needs to be accounted for appropriately. Should the program be under funded, it will be up to the Board, through consultation and discussion, to determine how much additional funds are required and how they will be raised. If not managed correctly, owner expectations can complicate an already complicated project. Communicating installation and schedule challenges to the owners early and often throughout the process is essential to the perceived success of the project. The invasive nature of the work and temporary displacement of the occupants’ belongings and the occupants themselves can generate tension and stress. Scheduling is typically done through property management; effective communication and prioritizing units with active issues helps maintain the corporation’s assets and reduces liability while reducing perceived concerns from the owners.

SPONSORED CONTENT Property Management requires the services of a trusted consultant, such as Pretium Engineering, to oversee the construction work in progress, provide the necessary contract administration, support the property management/board with dissemination of information to the building occupants, and resolve technical issues on site. Below are four points to consider when planning for a fenestration replacement process: 1. Window/Door Replacement Projects Can be Costly There is no one size fits all solution. The cost of a project is dependent on building location, ease of access, interior finishes, and type of window system installed. With a window replacement potentially costing millions of dollars (and often tens of millions of dollars), a board will be eager to reduce additional costs. A contingency allowance is established to account for unforeseen issues which may arise during the project. It is not uncommon once old windows are removed to discover previous anchorage and control layer tie-ins not conforming to modern standards. Prudent project planning will include the removal and mock-up installation of several ‘test’ windows. While mock-up installations help immensely, they typically do not account for every situation encountered in the entire building. Addressing concealed conditions such as poor underlying infrastructure can increase costs significantly. It’s important to have contingency allowances for concealed conditions and other identified variables. Unforeseen issues will arise, and a variation in fixed fees ought to be anticipated although these can be greatly reduced through use of a mock-up prior to the fully tendered program. Pretium Engineering recommends a CCDC2 stipulated price contract, which generally protects against increases in cost due to manufacturing inflation along with an appropriate contingency allowance to address unforeseen site conditions upon removal of the original windows. 2. Things Might Not Line Up: Aesthetic Reality - Managing Owner Expectations In brand new buildings, the window wall is installed before finishing components such as railings giving installers full access to produce a consistent installation. In a restoration project, the windows are replaced with all other elements already installed and the new windows and doors must fit around existing elements. This means things may not line up. If not specified in the contract, the benchmark for acceptable deviations should be industry standard practice for restoration projects, rather than strict deviation limits often stipulated within specifications for new construction. Many restoration contractors working in the mid-high rise window replacement sector are able to achieve end products with minimal deviation visible to the naked eye from ground level even though the installations exceed allowable deviations common in the new construction sector. Managing owner expectations regarding the finished work’s visual aesthetics before the project begins can reduce the likelihood of disputes following project completion.

3. Active Scheduling & Communication Pretium Engineering generally recommends beginning phased work in the most problematic location where practical and economical. For example, if all else is equal, if the north elevation of a building has the majority of the reported leaks or condensation concerns, work should begin there first. While there are many ways to arrange the replacement program, Pretium Engineering designs their replacement programs around minimizing resident disruption. To achieve that end, all windows/ doors within a Suite should be replaced concurrently such that a resident is disrupted only once. Under this scenario, Owners should expect upwards of 10 days for full completion of a suite although active replacement is only required during the first few days with the remainder being completion of interior finishes. The schedule WILL fluctuate depending on weather and complications arising; a successful project is not one which eliminates delays. That is not practical. A successful project is one which communicates the unavoidable delays effectively. 4. Commitment on Management Side Since it is not possible to predict specific dates of replacement more than a week in advance (due to weather related delays), a property manager will need to distribute multiple notices, take many calls, and write lots of emails during a project’s duration. Coordinating suite entry requires good record keeping and administration. Relaying resident concerns and recording deficiencies will be part of the follow-up to the job, in fact—it can take up as much time as the initial planning. Often, the amount of time needed to properly meet the demands of a fenestration project is not properly realized. In some (most) cases, additional staff may be needed to allow the property manager to manage this project along with all of the other building management duties. Due to time sensitivity, decisions affecting the project must be made promptly and on-the-fly—waiting for the next board meeting may not be feasible—meaning board members should also expect heightened levels of involvement during a fenestration replacement project. Jon Dickson, M.Eng, P.Eng, BSS, is a Project Principal for Pretium Engineering.

Pretium Engineering has offices in Toronto, Newmarket, Burlington, Kitchener/Waterloo, with satellite offices in Windsor and Ottawa. Connect at www.pretiumengineering.com.

CONTINUING EDUCATION FOR CONDO BOARD DIRECTORS: GETTING IT RIGHT Condominiums are complex entities

to manage and yet are governed by elected

BY PAT CROSSCOMBE

directors who are not required to have any relevant expertise. Most new directors have no prior experience about being on a condo board. It is the luck of the draw if a director has expertise pertinent to the condominium.

ondo d i r e c to r s s h o u l d e r h e a v y responsibilities and make decisions with significant financial implications. The consequences of poor decisions can be profound, even if the decision was welcomed in the short term. Keeping condo fees low makes owners happy

until years later when an inadequate reserve fund must be topped up with a large special assessment to fund a major repair and replacement project. Condominiums across Ontario and in many other localities face the challenge of aging infrastructure and new pressures

30 CONDOBUSINESS | Part of the REMI Network

to implement climate-friendly and energyefficient solutions that require cutting-edge technologies that have not yet been widely implemented. It takes extraordinary effort and knowledge to navigate in this area. What happens when directors make the wrong decisions? Mostly nothing. The

GOVERNANCE

experts. These experts provide sound advice, but the board must make and understand their decisions. Condo managers are critical to any discussion, but making the final decision is the board's responsibility. Making decisions in the best interest of the condominium requires directors to be as well-informed as possible about their condo and knowledgeable about condominiums in general. Condos need expert directors, but volunteer directors don't become experts overnight. Can continuing education be more effective? Here are eight ideas to consider.

courts have been reluctant to charge directors for bad decisions. Did they commit fraud or negligence, or was it just an honest mistake? There are no condo police. No one reviews a board's decisions. No penalties get assessed when the boards screw up. It doesn't matter if it was an honest mistake; honest mistakes can have painful consequences. Appointed administrators step in to rescue the worst condo boards, but this is done as a last resort and should never be implemented unless absolutely necessary. Bringing cases of fraud or negligence to trial is costly and timeconsuming. Continuing education is hailed as a means for directors to develop the necessary skills and expertise. Even though the Condominium Authority of Ontario’s online mandatory training program provides a solid foundation, directors can never stop learning and continue to gain experience over their terms. Directors are expected to seek appropriate expertise when needed. Depending on the specific situation, they will consult with their legal counsel, engineer, accountant or other expert or even a combination of several

Handover Meetings: Encourage boards to hold handover meetings and invite retiring current directors to provide updates on ongoing activities. While the meeting is most relevant to new directors, take advantage of the opportunity to discuss ongoing issues more broadly and discuss the future of the condo as a group. It is also an opportunity to discuss board policies, conflicts of interest, and any other issues that could benefit from current and retiring directors being together. Be sure to ask if a retiring director could be consulted.

Legacy Documentation: Ensure retiring directors leave behind detailed records, including: • Document decisions, highlighting the reasoning behind them, • Lessons learned to guide new directors, • Handover notes. Use technology to capture and store this knowledge securely to prevent loss. Council of Advisors: Establish a team of veteran directors willing to offer consultancy services to boards. To make the council effective, create a mechanism for feedback and compensation for these advisors. Directors on the council will have no ties to industry and follow the strictest conflict of interest guidelines, ensuring that their advice is unbiased. Advisers can also help boards through decisions.

Incorporate Real-life Experience in Training: Engage current and

past directors in CAI's mandatory training. Add panel discussions, roundtables, video presentations, inter views, discussion groups, or other format to the existing content from CAI programs.

Director-Only Conferences: Facilitate platforms where current and past directors can network, share, and learn from each other.

Promote Committees: Encourage the formation of both permanent and ad hoc committees that can delve into specific condo challenges. Invite past directors and owners with particular expertise to be committee members. Engage consultants as part of the process as needed.

Neutral Directors' Intervention: Develop a system where directors from other condos could be consulted about owner-board or manager- owner disagreements before the dispute gets out of hand.

Create Learning O p por tuni ties for Owners. Knowledgeable condo owners understand their roles and responsibilities and become active and knowledgeable participants in their condominium communities. Directors will continue to learn over their terms. Preserving their knowledge when directors leave their positions is even more critical. Directors bring perspectives that lawyers, engineers, accountants, and condo managers do not have and have inside information about their condo that no one else has. Ensuring that condo board directors are up to governing complex multi million - dollar buildings will positively a f f e c t t h e c o n d o m i n i u m' s o v e r a l l financial and so cial well - b eing and reduce risk over the long term. 1 Pat Crosscombe is the past president of her condo board and the founder and CEO of BoardSpace, a company t h a t p ro v i d e s b o a rd m a n a g e m e n t software for condo boards and property managers.

www.REMInetwork.com | Fall 2023 31

FEATURE

SAFE SPACES How boards can help keep their communities more secure in a province of 870,000 residential condo units and counting

FEATURE

www.REMInetwork.com | Fall 2023 33

FEATURE

Conflicts and disputes within Ontario’s condo communities are fueling the conversation around safety reform and adding pressure to make residential buildings better places to live and work.

ver the past year, various members of the industry conveyed how relationships among directors, managers and owners are becoming increasingly heated. Although the crux of the issue is challenging to pinpoint, there’s a flurry of reasons. The rising population of personalities living in close quarters is one key. “I think it’s fair to say that we are seeing more hostility and aggression within condominium communities over the past couple of years,” says condo law yer Nancy Houle of Davidson Houle Allen. “Condominiums are a microcosm of society and whatever is happening in

society eventually manifests within the condominium community.” In some cases, condos are a person’s home, investment and place of employment, and a workplace for managers, contractors, superintendents and others, she says. “With people being at home all the time now, in some cases, what used to be a minor annoyance now becomes a perceived major disruption. . . hence more conflict.” A boom of newer owners and tenants also come with little understanding of how condos intricately operate, the Association of Condominium Managers of Ontario (ACMO) flagged in its recent statement on escalating cases of manager harassment.

34 CONDOBUSINESS | Part of the REMI Network

A former condo board president like Quintin Johnstone, who owns condo security company Samonshield and risk mitigation firm Riskboss, sees much room for improvement. He says capacity is the number one problem boards face, with too many residential properties and not enough experienced resources to manage every issue that arises. Property managers are often left dealing with incidents that have over-escalated, with little time to analyze root causes and fix real problems. The latest data from the Condominium Authority of Ontario shows there are over 1.7 million people living in condos and more than 12,000 condo corporations, with a 10.5

FEATURE

per cent increase since 2018. The number of residential units has risen by 12.8 per cent since then. Johnstone, who is also a retired Toronto cop, points out the growing lack of seasoned condo managers available to handle troublesome situations as firms struggle to retain and attract this talent. “There is an experiential void that continues to grow, which has and will continue to be a huge problem,” he warns. Legislative tools for boards isagreements are inevitable. As Houle and her colleague, condo lawyer Jim Davidson, explain, the Condo Act states that corporations are responsible for controlling the common elements, enforcing the governing documents, and have the duty to maintain reasonable levels of safety. They say this framework is vital for the comfort and enjoyment of all residents, but it means that directors and managers are directly exposed and at risk when dealing with violations and inevitable conflicts. “The situations can often become stressful, emotional, and confrontational, particularly when mental health issues are involved,” they add. “The Vaughan tragedy is a terrible example of where this can lead.” This December will mark the one year anniversary of the events at Bellaria Residences, where an owner, with a gun, took the lives of five people, including board members. Although a rare occurrence, it prompted boards across Ontario to pause and reflect and feel a little more vulnerable. Earlier this year, leading condo associations in Ontario committed to reforming legislation and creating better resources for safer buildings. These stakeholder working groups are reviewing the Condo Act, Occupational Health and Safety Act (OHSA) and other legislation to determine potential revisions. Johnstone, Houle and Davidson are all involved with these groups. One amendment could involve adding a provision that a security review is a required part of every condominium’s reserve

fund study, Houle and Davidson suggest. Compiled by a qualified security expert, it would outline recommended steps the corporation would need to take to maintain reasonable levels of safety on the property. “The amendment could also state that condominium corporations must specifically consider the need for further consultation with the security expert if there are any circumstances on the property which the board feels may (or may in future) contravene Section 117 (1) of the Condominium Act,” they advise. Another area is mandating condo corporations to include reasonable amounts that cover the costs for such consultations in their annual and/or reserve fund budget.

s it stands, there are a few existing legislative tools. Boards can authorize changes they deem necessary for safety, such as installing security cameras and upgrading security personnel. Directives under OHSA entitle that workers are free from violence and harassment. When it comes to dangerous individuals, boards have “robust authority” to apply to the court or Condominium Authority Tribunal for necessary orders controlling this conduct. For people suffering from mental illness, in some cases, a public guardian and trustee may be appointed as litigation guardian. “The Courts have shown, in numerous cases, that they are unquestionably willing to grant the necessary orders when circumstances warrant,” they add. “Even so, these ‘tools’ do not solve all of the problems. As starkly shown by the tragedy in Vaughan, rare cases can erupt into disaster before they can be brought under control through [these] procedures.” Regulatory changes geared to service providers could further support condo boards. Risk assessments are often a first step when determining security gaps. Johnstone and his risk identification and mitigation firm have completed well over seventy-five condos over the past decade. “Developers build to building and fire code standards,” he says. “This does not include risk mitigation.”

He says there should be a minimum standard for risk assessment practitioners, many of whom remain unaccredited across Ontario, and increased minimum training standards for security guards who are helping to fill the void from downsized police forces. Officers no longer flock to minor calls, leaving non-emergencies in the hands of on-site security companies and managers who have long relied on the experience of police. Condo corporations are increasingly expected to be self-reliant in the face of any emergency and buff-up their risk-specific infrastructure. Back in the 1980s, when Johnstone worked in Toronto’s 52 Division downtown, there were 40 people in a platoon every night. “Now you’ll be lucky to put five people out on the midnight shift,” he says. “Reported crime is going down because when people call the police, they never come except in emergencies, so they never call again. But crime is still happening.” In the event of major incidents, he finds most condos, even those with hundreds of units, are not prepared for emergencies. They don’t have a site-specific plan and training for emergency preparedness. “Having only a fire safety plan does not meet the minimum threshold expected in emergency situations,” he warns. Currently, there are no provincially mandated standards that force condos to have emergency preparedness protocols and training. Johnstone says this makes condos more risk resilient, especially in emergencies, as people often wait for emergency responders to arrive. “Delayed emergency responder responses are now the norm. When seconds count, you have to be prepared to mitigate any risk until someone arrives. That is the standard of care that is expected.” Emergency preparedness should also include all providers that service condos especially during major incidents, which require everyone’s help, he adds. “It is something that boards can act on right away by demanding all service providers be trained in First Aid, CPR, AED and take the Ontario government IMS100 online (free) course,” he advises. “This is an excellent start but by no means enough.

www.REMInetwork.com | Fall 2023 35

COVER STORY

Education, experts and de-escalation reating safe spaces in condos is a delicate balance of security versus privacy. Todd Hofley, president of TSCC 2164, says dealing with the dangers of fellow residents is much trickier. “We can’t always predict how others will behave, so my default is to always be, as a board member, as professional as possible—even if confronted by an angry resident.” When it comes to security incidents, from challenging owners to unwelcome visitors, boards may find education a scarce resource. “I do think the entire portfolio of security measures, from physical access, to situational awareness, to crisis mitigation and de - escalation techniques, is a big gap that, hopefully, smart property management companies will begin to address,” Hofley adds. With respect to governance, Johnstone envisions a time when ACMO rolls out a program for board directors and condo security guards to heighten their level of standard, similar to the

Registered Condominium Manager (RCM) designation and not unlike realtors whose profession was regulated decades ago. “Preparation is the key to emergency preparedness,” he says. Expert knowledge also figures highly into conflict mitigation. However, some boards avoid investing in expert advice while under pressure to keep maintenance fees low. Johnstone flags that as a major problem in condos. Mediation, for example, although helpful, lacks resources to serve everyone in need, which often delays outcomes, he says. Boards shy away from spending that money and “residents view compromise as a defeat of their position on issues.” “People who live in condominiums who abide by rules look for realistic and quick resolutions to neighbour disputes and their problems,” he adds. “They don't want to become involved in the process. Delays frustrate those who are willing to work within the system. They are looking for stronger measures holding rule breakers more accountable.”

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At other times, property managers can be coerced to “wade through the internet” for opinions in place of a 20 -minute conversation with a lawyer. Even so, legal counsel is said to be a means of expert advice when a dispute carries a risk of violence. So too are mental health consultants and security experts, advises Houle and Davidson. They say corporations should budget a reasonable amount for this guidance.

efore conflicts escalate, Hofley advises using consistent, clear communication with detail and reasoning. “There is a lot of power a condo corporation has, including forcing the sale of a unit,” he says. “Harassment should never be tolerated and an immediate, clear, definitive response should be the first step.” After that, discussing issues in a “civil manner” is advised, along with professional mediation services or a neutral space provided by the property management company— if they are not a part of the issue. Earlier this year, Tony Bui, a condominium lawyer at Gardiner Miller Arnold, spoke on a safety panel at the PM Springfest conference. “Sometimes the solution calls for firm action and sometimes it calls for a softer touch,” he said. “There is no one-sizefits-all approach. Every single condo conflict calls for discretion and judgment.” Offering conflict-related context is helpful for lawyers who, when they see incident reports and write letters that threaten litigation and demand chargebacks, don’t often witness the aftershock of that letter. As he explained, an owner could be navigating personal challenges or family with mental health issues. “Sometimes, maybe going in heavy isn’t the right approach and might escalate things,” he said. Juliet Atha, president of Best Practices Property Management, suggested that when discussing complaints, it's prudent to remove personalities from the conversation; refer to challenging owners by unit number rather than name, to avoid “colouring the situation.” “There will always be a few dissatisfied people in every condo community,” Hofley advises. “While the impulse is to ignore and complain about them, don’t. Continually engage, continually explain and offer them the opportunity to participate. Never belittle.” 1

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cleaning service providers,” says Sandra Crimi, Vice President of Operations for WhiteRose Janitorial Services Limited. “The result is a harmonious partnership where clients have the freedom to focus on their core business objectives while entrusting the cleanliness of their premises to a company that delivers nothing short of perfection. Our customized schedules, combined with quality workmanship, is our recipe for success.” It begins as soon as they step through the door. The lobby is a resident’s welcome home, the place to retrieve mail, and where people wait for elevators and Ubers. As the highest traffic area in a building, it needs to be spick and span, but it can’t be the only focus. In an enclosed environment, the draft of air rushing through corridors from make-up air units leaves a layer of dust which cleaners refer to as ‘fur’ or ‘fuzz.’ If not wiped on a regular basis, it builds up on door surfaces, along corridors, and in stairwells. Proper cleaning of these areas requires a well thought out routine. Maintaining pristine cleanliness in high-rises and condominiums across Ontario is no easy feat. However, WhiteRose Janitorial has been making a significant difference with their unique approach and dedication to excellence. One example of how this is made clear is through their clever colour-coded 4-pail system that prevents cross contamination. Another is their unprecedented 3-tier management oversight structure per building ensuring that schedules are followed, and quality of work is delivered. When WhiteRose takes over a building, their dedication to thoroughness becomes evident. They conduct a comprehensive cleaning assessment, leaving no corner unexplored. From top to bottom, they meticulously review the property, even considering often overlooked areas like electrical closets, storage rooms, and mechanical rooms. Their commitment to excellence extends to the lobby, where their cleaning crews undertake a thorough spring cleaning. Venting systems, baseboards, ventilation and furniture all undergo detailed dusting and vacuuming, leaving the space immaculate. To ensure

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of cleanliness in the buildings they manage. WhiteRose’s focus on rewarding excellence and encouraging growth is evident in their performance-based incentive program for management. They are rewarded based on client-centric metrics like site inspections, health and safety measures, Net Promoter Scores, and successfully completed training. Beyond the workplace, WhiteRose’s compassion extends into the community. Proud sponsors of a room at the Ronald McDonald House for Toronto’s Hospital for Sick Children, they receive heartfelt letters from families they’ve supported. The company’s staff generously donate and volunteer serving food at the Ronald McDonald House, lending a helping hand and making a positive impact. Additionally, WhiteRose’s commitment to supporting their team members extends to individual requests, acknowledging the diverse roles many play as parents or caregivers. Their corporate integrity and compassionate approach have made them a sought-after employer for those seeking progressive work environments. Despite offering superior cleaning and continuous investments back into the business, WhiteRose remains competitively priced in the market. Their proactive approach and attention to detail ensure tasks are efficiently allocated, delivering impeccable results to their clients. The foundation of WhiteRose Janitorial’s success lies in building valuable and reciprocal relationships. Their dedication to creating a difference through exceptional service and compassionate initiatives sets them apart in the industry. If you’re looking for a cleaning company that goes beyond the ordinary, at a competitive price, WhiteRose Janitorial is the perfect choice to elevate your property’s cleanliness and service.

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ACCESS TO UNITS FOR COMMON ELEMENT WORK A helpful clarification for boards, managers and owners

Pursuant to Section 19 of the

BY DAVID THIEL

Condominium Act, 1998 (the "Act"), condominiums have the right to enter condominium units (and exclusive-use common elements) to perform various objects and duties upon reasonable notice.

he typical examples of the need for such access include repairing a common element riser, which is only accessible from the unit, performing fire inspections of the unit's fire alarm, or performing repair work to the unit that the owner was required to perform but did not within a reasonable period of time under Section 92 of the Act.

But what happens when the purpose of access is less clear or more unusual? Specifically, what if access is required through a residential unit to perform common element maintenance or repairs to the building in general? The most common example of this in my experience over the years relates to access to roof anchors, which are located on an exclusive-use

40 CONDOBUSINESS | Part of the REMI Network

common element balcony or terrace. In this scenario, a condominium would seek access to the residential unit to travel through the unit to the balcony in order to perform work. Usually, the roof anchors are accessed in order for the condominium to perform window washing or other general maintenance or repairs to the common elements. That is, the work to be performed

by the condominium really has nothing to do with the applicable residential unit itself. In such a situation, a residential unit owner may be understandably concerned about contractors and equipment moving through the unit, both as an inconvenience or allegedly a nuisance. The residential owner often argues that the condominium can access the balcony from the exterior (via swing stage or other means). Another example of such unit access may be staging work on a terrace in order to maintain or repair the exterior of the building, and where access to the terrace might only reasonably be available through the unit. Such situations in the past have created headaches for condominiums and their boards and managers. Having a dispute with an owner over access for such purposes can result in delays, legal and other costs. Fortunately, this very situation was addressed in the recently released decision of the Ontario Superior Court in Ron John William Dowdell et al. v. York Condominium Corporation No. 403 (the Dowdell case). The basic facts of the Dowdell case are the same as the balcony anchor scenario discussed above. In brief, the owner was refusing access through the unit to the exclusive-use balcony and the roof anchors situated there. The purpose of entry included required periodic inspections of the anchors, together with using the anchors to facilitate a swing stage to clean windows below the applicable residential unit. Both the owner and the condominium brought competing applications to the Superior Court against each other. Dowdell claimed in part that the condominium was acting oppressively in demanding access through the unit, and the condominium sought orders requiring Dowdell to provide access through the unit. The owners' application included a claim for damages based on oppression, loss of enjoyment of the unit and breach of the right of privacy. The owners' primary argument was that access to the balcony/roof anchors could be arranged entirely from the exterior of the building, and not requiring access through the unit. The owners alleged that the access to the unit was disruptive and a nuisance and unreasonably affected them. Ultimately, the court sided with the condominium corporation and made orders that the owners provide access through the unit. The evidence as accepted by the application judge included that the cost of arranging for a swing stage entirely from the exterior, rather

www.REMInetwork.com | Fall 2023 41

LEGAL

“What happens when the purpose of access is less clear or more unusual?”

than access to the unit, involved considerable cost and that it was reasonable for the condominium to insist upon access through the unit. The key to the decision in my view is the concept of 'reasonableness'. That is, the condominium was entitled to perform its duties in a reasonable manner, and that was the case here. We would expect that this decision would apply to other types of 'unusual' access to a unit, including access for example to stage maintenance/repair work on an exclusive-use common element terrace. Of course, facts will differ from case to case, and there appears to be a balancing of the owners' right to minimal disturbance versus the condominium's right to perform

its maintenance/repair work in a manner that is reasonable and not excessively costly compared to any alternatives. A ls o wo r th n otin g is th at m a ny condominiums may have provisions in the declaration specific to particular units and their exclusive-use balconies that reference the existence of roof/ balcony anchors or other services and explicitly provide for a right of entry via the residential unit. In those cases, the access is more obvious and less of a question. Unfortunately, not all condominiums have such a provision in their declarations, including in the Dowdell case. These issues of unit access for general common element repairs were not previously addressed in any detail in the

jurisprudence, and was an open question and an ongoing source of disputes among condominiums and owners. Thankfully, the Superior Court has provided clarity on the issue as discussed above which should be of assistance to condominiums and owners. As we all know, condominiums can often be a fertile ground for many disputes. This decision should help reduce at least one type of dispute which, while not a 'monumental' step forward, is nonetheless significant and welcome. 1 David Thiel is a partner in the condominium law group at Fogler, Rubinoff LLP. He can be contacted at dthiel@foglers.com or 416.941.8815.

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hen a fire broke out at 2 Forest Laneway in North York on January 6, 1995, most residents were still sleeping. The fire began at 5 a.m. in an apartment on the fifth floor and spread quickly. Six people died, all overcome by smoke and found in the upper levels of the two stairwells of the 365-unit building. A study by the National Research Council of Canada determined that of those living above the fifth floor, “only those leaving their units at a very early time had a chance of reaching ground level safely.” The study found that many occupants had not received appropriate fire safety information. With eleven false alarms sounding the previous year, residents weren’t even sure if they should take the alarm seriously. Some made breakfast and watched TV. The tragic fire prompted a coroner’s inquest which identified a failure on the building owner to train building staff on their roles and responsibilities under the Fire Safety Plan, including being able to effectively use the building’s emergency voice communications system. In addition, it found that security guard “emergency procedures” differed from the building’s approved Fire Safety Plan procedures. As a result, the Fire Safety Plan’s correct procedures were not followed. Following the fire, a total of 65 recommendations were made by the coroner’s inquest. Number two on their list was the recommendation to ensure that all Security/Superintendents and building staff received mandatory training on a building’s Fire Safety Plan.

A Fire Safety Plan explains emergency procedures and inspections the building must complete in order to meet the Ontario Fire Code. The Chief Fire Official of the local Fire Department must approve a condominium’s Fire Safety Plan. Once approved, its implementation is a Code requirement of the Condominium Corporation. “The Fire Code requires each staff member working at the building to know their Fire Safety Plan,” says Jason Reid, Senior Advisor of Fire, Safety and Emergency Management for National Life Safety Group. “Every condominium manager, every superintendent, every concierge and all security personnel are required to have training on the building’s approved plan, prior to being assigned responsibilities.”

SPONSORED CONTENT Although the requirement to train building staff has been active for years, until recently, no accredited training was available. National Life Safety Group (NLSG) now offers the first accredited training certification for managers, staff and owners of multi-residential buildings. Their program ‘Implementing a Residential Fire Safety Plan’ is accredited and endorsed by the Institution of Fire Engineers (IFE) Canada Branch to meet the Ontario Fire Code. The 3-hour certificate program is developed and delivered by NFPA recognized Fire and Life Safety Educators specifically for condominium managers and staff who work at buildings. For licensed condominium managers, the training is recognized by the CMRAO and counts towards 3 CPE credits. NLSG’s courses are designed for high-rise, mid to low rise, and townhome communities. “It’s the only accredited program in the province of Ontario,” explains Reid, who notes that the lack of accredited training modules leaves buildings vulnerable both during and after the emergency. “We find that training, if completed, isn’t meeting the standards, and is blatantly wrong in some areas. In several cases, security guards at the front desk are using emergency procedures and building announcements that they have been instructed to perform from their security supervisor, or at times the building management, and even the Board. This often contradicts what was approved in the Fire Safety Plan approved by the local fire department. When they say or do anything else, lives could be at stake.” According to the Office of the Fire Marshal, 133 people died in fires in the province of Ontario last year. In high-rises, residents will sometimes hear the announcement but choose to stay in their suites, then try to leave minutes after the alarm goes off. “By that time, smoke is already in the building,” Reid explains. “Residents have options, and they need to know and understand those options before the next fire alarm.” To build on essential life safety training in multi-residential buildings, NLSG has developed two further instructional courses: ‘Resident Fire Safety & Awareness Training’ is designed for residents of high-rise buildings to educate them on all aspects of fire safety and their own responsibilities in the event of a fire. A further certificate program from NLSG, ‘Condominium Risk Management & the Fire Code’ is designed for Directors and Administrators of condominiums, to allow Boards to be educated on the fire code requirements for their building.

Each Fire Safety Plan typically includes a detailed handout which should be sent out to residents. “The handout explains what the front-line staff will do during fire emergencies,” says Reid. “It also explains what the residents should do. The only way to fully implement the plan, as required by code, is to ensure all parties having roles and responsibilities in that plan, are made aware of those roles and responsibilities.” Informing all staff of the procedures to be followed is also part of the Occupational Health and Safety Act (OHSA) for every employee of a condominium. Reid asserts that the Fire Safety Plan is an informational tool which can save lives – but only if they all know about it. “To ensure that the life safety systems are fully functioning, Security staff or Superintendents are required to complete daily inspections of the fire alarm system in condominiums. They’re required to check and inspect the sprinkler system and the generator every seven days, and they must also perform a full building inspection every 30 days. These fire code requirements are outlined in your building’s approved Fire Safety Plan. A plan helps you comply with the Ontario Fire Code; it has everything you need and acts as the staff’s training curriculum.” Ongoing education for building staff is required for high-rise buildings through fire drills with their staff every three months, yet many buildings are unaware of how to conduct and document these drills. Through NLSG’s accredited training, building staff and managers can understand each other’s roles and responsibilities, ensuring compliance to the Ontario Fire Code, and be confident in case of an emergency. To book your accredited training certification, or to learn more, visit www.nationallifesafetygroup.ca or contact solutions@nationallifesafetygroup.ca.

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ALL ABOUT NOISE

A guide to one of the most common grievances

Noise is a common complaint among

BY MINA TESSERIS AND DENIS GAGNON

occupants of residential condominium buildings. Resolving these complaints requires an understanding of how sound moves

through a building and the obligations of a condominium when addressing the complaints. Here are some common questions that may arise when a condominium faces a noise issue: How does the Ontario Condominium Act and its regulations address noise? The Ontario Condominium Act, 1998, and its associated regulations do not provide a strict definition of "noise nuisance."

However, they set out the framework for condominium governance and dispute resolution, including addressing issues like noise complaints. How do the condominium declaration and rules address noise? The condominium declaration is a legal document that outlines the rights and responsibilities of unit

46 CONDOBUSINESS | Part of the REMI Network

owners and the condominium corporation. It may include provisions related to noise control or restrictions on certain activities. Condominium corporations can establish specific rules and bylaws that address noise-related matters. These rules may set acceptable noise levels, quiet hours, and procedures for handling noise complaints. Particular details may also vary

DESIGN & RENOVATION What are the condominium’s roles and responsibilities in dealing with a noise complaint? Condominium corporations must enforce the corporation's declaration, rules, and bylaws. These declarations, regulations and bylaws include addressing noise complaints and taking steps to resolve disputes. The condominium corporation may issue warnings, fines, or penalties for repeated noise violations.

When is noise considered a nuisance? Noise is generally considered a nuisance when it interferes with a resident's peaceful enjoyment of a unit. Common examples of noise nuisances include loud music, barking dogs, loud parties, and construction noise during restricted hours.

How can a condominium manage noise complaint claims effectively? Clear communication between residents and the condominium corporation management is essential when addressing noise complaints. Residents should first try to resolve minor noise issues directly with their neighbours whenever possible. When noise complaints c annot be resolved , residents are encouraged to document and record the noise complaints and their dates and times and provide descriptions of the disturbances. The condominium management should investigate noise complaints subjectively to determine their validity. The investigation of noise complaints may involve consulting experts, such as acoustics engineers. Alternative dispute resolution methods, such as mediation, should be used before resorting to legal action. Legal action through the Condominium Authority Tribunal (CAT) or the Courts may be necessary when all else fails. Both residents and condominium corporations must be aware of the rights and responsibilities regarding noise nuisances, as outlined in the condominium’s governing documents and applicable bylaws. Legal advice and guidance from a lawyer experienced in condominium law may be necessary to navigate complex noise complaints effectively. It is, therefore, essential to consult legal counsel for advice tailored to specific situations that cannot be addressed by other means.

What are the primary considerations when a noise complaint is received? Balancing the interests of residents is essential. Condominium corporations must consider the rights of unit owners to use their property as they see fit while also ensuring that noise and other disturbances do not unduly disrupt the rights of other residents. The condominium corporation must also consider their declaration, rules and bylaws when dealing with a noise complaint.

HOW SOUND MOVES THROUGH A BUILDING Addressing a noise complaint requires identifying the source of the noise and how it moves through the building to reach the affected occupants. Sometimes, identifying the source of the noise can be difficult, especially if it originates from mechanical equipment. Sound moves through a building in two ways. It can transmit through the air and also through the building structure.

depending on the individual condominium corporations' bylaws, rules and declarations.

Air-borne sound Air-borne sound transmission refers to the propagation of sound waves through the air from one source to another. This type of sound transmission occurs when sound waves travel through the air and are detected by the human ear or other sound receptors. Examples of air-borne sound include human conversations, music, television and radio, appliances, traffic, etc. Air-borne sound can travel through building components such as walls, floors, windows, and doors and can also travel through openings, gaps, or penetrations in these components. The ability of building components to block or attenuate air-borne sound is an essential consideration in architectural and acoustic design. Various soundproofing techniques and materials can reduce air-borne sound transmission between spaces. These techniques include adding insulation within walls or ceilings, using double or triple-glazed windows, sealing gaps in cracks, employing acoustic barriers and isolators, and using sound-absorbing materials like acoustic panels and ceiling tiles. Sound transmission class Sound Transmission Class (STC) is a rating system used to classify the resistance of building partitions, including walls and floors, to air-borne sound transmission. For example, at an STC rating of 25, soft speech can be understood through walls or floors. At an STC rating of 50, normal speech is not audible. An STC rating of 65 signifies superior soundproofing. The STC rating is not specific to the type of building material (e.g., wood or steel). Instead, the STC rating evaluates the overall sound transmission resistance of the system as an assembly of materials. STC ratings typically apply to various types of building construction, including wood-framed buildings. The higher the STC rating, the better the assembly’s ability to reduce air-borne sound transmission. Below are some general STC ratings for common wall and floor constructions found in wood-framed buildings. Woodframe buildings are light, so they tend to transmit more low-frequency noise than most building assemblies made of heavier materials. For example, a wood frame wall will typically transmit more low-frequency noise than one constructed of concrete. Wood-frame buildings have wall and floor assemblies constructed of

www.REMInetwork.com | Fall 2023 47

DESIGN & RENOVATION multiple elements, which are susceptible to changes or errors in their installation in the field. They also have discontinuities that create flanking paths for sound to bypass or “short-circuit” the solid portion of the assemblies. As a result, the STC rating assigned to the assembly is a theoretical rating that may not be achieved in practice. Wood-stud wall with drywall on both sides: A typical wood stud wall with drywall on both sides may have an assigned STC rating in the range of 30 to 45, depending on factors such as wall thickness, insulation and the quality of the construction. Double-layer drywall: Adding a second layer of drywall on one or both sides of a wall can significantly improve sound insulation. This may achieve assigned STC ratings in the range of 45 to 60 or higher, depending on the specific configuration. Insulation: The use of acoustic insulation within wall or floor cavities can further improve STC ratings by reducing sound transmission through the assembly. The effectiveness will depend on the type and thickness of insulation used. Specialized wall assemblies: In some cases, specialized wall assemblies, such as staggered stud walls or resilient channels, may be employed to achieve higher assigned STC ratings. These assemblies are designed to minimize sound transmission. Floor-ceiling assemblies: For floors in woodframe buildings, similar principles apply. The combination of subflooring, joist spacing and sealing materials can be used to achieve specific assigned STC ratings.

Structure-Borne Sound Structure-borne sound is distinct from air-borne sound. While air-borne sounds travel through the air, structure-borne sounds generated by impact or mechanical equipment can transmit vibrations through building structures. Impact noises occur when an object contacts a structural element. The impact force causes vibrations that propagate through the building materials and are heard as noise in adjacent areas. Footsteps and furniture movement on the floor are examples of impact noises. Often, structure-borne noises are generated by mechanical equipment and systems, and

are often felt or heard in adjacent places. Typical mechanical equipment leading to structureborne sound transmission includes HVAC systems, elevators, garbage chutes, generators, industrial machinery, pumps and motors, commercial kitchens, and fitness equipment. Various measures can be taken to mitigate structure-borne sound transmission from mechanical equipment, such as isolation, acoustic barriers, decoupling, soundproofing, and regular maintenance. Mitigating structure-borne sounds may require different approaches than those used for mitigating air-borne sounds. Impact evaluation class (IEC): IEC is a classification system that assesses the potential for structure-borne sound transmission in building elements, like floors and walls. This classification is particularly relevant in the context of sound insulation and acoustic design in buildings and to evaluate how well the building component or construction assembly can mitigate the transmission of impact sounds. IEC comprises several categories, often denoted by letters (e.g., IIC, ICC, IBC). The exact categories and naming conventions may vary depending on the specific standards or guidelines used in a particular region. For example, the impact insulation class (IIC) is commonly used to measure floor-ceiling assemblies' impact sound insulation performance. The IIC rating represents the ability of a floor-ceiling system to reduce the transmission of impact sounds from one floor to another. Finally, when dealing with structureborne sound transmission through building structures from physical impacts, the IEC classification system can be used to assess the ability of building elements to reduce the transmission of these impact sounds. The IEC classification aims to inform architects, builders, and occupants about how effectively a particular construction assembly can minimize the transmission of structureborne noise within a building. BUILDING CODE REQUIREMENTS Wood-frame buildings are susceptible to flanking path sound transmission whereby sound travels through openings or discontinuities such as the intersections of floors and walls, service outlets in walls, ducts, or anywhere smoke can travel. These flanking paths allow sound to effectively short-circuit the opaque sections of

48 CONDOBUSINESS | Part of the REMI Network

walls and floors. In 2020, the Ontario Building Code (OBC) introduced requirements for buildings to achieve certain minimum Apparent Sound Transmission Class ratings (ASTC). This rating is a measure of on-site sound transmission, which accounts for flanking paths. Before the requirements for ASTC ratings came into effect in 2020, the OBC contained requirements for STC ratings only. Therefore, buildings built before 2020 are more susceptible to flanking transmission. Notwithstanding the addition of ASTC requirements in 2020, structure-borne sound transmission remains unaddressed in the OBC at the time this article was written. The 2020 OBC requires that assemblies meet the specified ratings for both STC and ASTC. The requirements for meeting ASTC ratings include on-site testing or meeting prescriptive requirements to address flanking transmission. The requirements for STC rating include a minimum rating of 50 or greater between occupied compartments and corridors and a minimum STC rating of 55 between occupied compartments and elevators and garbage chutes. These requirements aim to ensure a reasonable level of sound insulation to promote occupant comfort and privacy. MEASURING SOUND TRANSMISSION Air- borne and structure - borne sound transmissions are measured using specific techniques and metrics to assess the level of noise or vibration in different situations. The results are then used to assess the effectiveness of individual materials, building assemblies, or other measures for reducing sound transmission. Achieving a specific STC and ASTC rating involves careful design, construction practices, and appropriate materials. The designed ratings for a given assembly can vary depending on workmanship and the quality of materials used. In some situations, the minimum requirements set out in building codes may not achieve the level of performance desired. In these cases, builders and architects should consult with an acoustic specialist to design building assemblies with improved sound transmission performance. 1 Mina Tesseris P. Eng., LEED AP, LCCI is a Senior Forensic Engineer/General Manager at Arbitech Inc. (mtesseris@arbitech.ca). Denis Gagnon, P. Eng., is a Senior Forensic Engineer at Arbitech Inc. (dgagnon@arbitech.ca).

THE CONDO

CONFERENCE

NOV 17-18, 2023

TORONTO CONGRESS CENTRE, NORTH BUILDING

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REVOLUTIONIZING BUILDING MANAGEMENT WITH RFID TAGS AND WIRELESS SENSORS

he invisible network of tanks, pipes, valves, and ﬁttings in a building’s plumbing system are

vital components of a property. When there is a failure, every second counts. Not reacting quickly means costly repairs and inconvenience. Yet, it’s not just leaks that are a problem; pressure, temperature, and velocity are also key factors in a plumbing system and all

make lives easier for those who manage buildings. The

require consistent monitoring. That’s where Tagteka steps in,

outcome of that effort is the Tagteka system.

offering a groundbreaking, patent-pending solution to ensure your condo management remains hassle-free.

Collaborating seamlessly with a scanning device and Radio Frequency Identiﬁcation (RFID) tags installed on the requisite

Meet Tagteka, an innovative application that harnesses

assets, Tagteka’s mobile app logs all the essential details of a

Radio Frequency Identiﬁcation (RFID) tags and wireless

building’s components into ﬁve categories: Plumbing, HVAC,

sensors to record the mechanical details of plumbing systems

Fire, Electrical and Common. This data serves as the foundation

and promptly transmit vital information during plumbing

for a user-friendly application that exhibits comprehensive

emergencies. These custom-made RFID tags are resilient,

details about each building asset, complete with images, part

capable of withstanding UV light, high temperatures, and,

numbers and a service history.

most importantly, they’re encoded with a unique sequence tailored to your condominium corporation.

Recording images and part numbers are essential to proper maintenance because as Maslanka states, “In a building’s

The idea was ﬁrst conceived by Bob Maslanka, President

blueprints, mechanical engineers specify model numbers

& High-Rise Plumbing Specialist of New Line Plumbing, and

for devices. However, builders don’t always adhere to these

inventor of the Tagteka system. As a plumbing contractor

recommendations, and that may remain undetected until

for high-rise condominiums, he was all too familiar with

a problem arises. With our system, we take a picture of the

the disorganization plaguing many buildings, often lacking

device that was installed, creating a comprehensive history.

accurate valve charts and plumbing blueprints. “When I get

If the contractor during installation deviated from the

a new building, we check the valve charts and most of the

engineer’s recommendations, you have a record.” Moreover,

time, information is inaccurate,” Maslanka says.. “It is critical for

this meticulous documentation not only ensures effective

the building to know this information so that if there is an

future maintenance but also provides crucial protection for

emergency, it can be shut down. I came up with an idea of

the building’s integrity during warranty claims.

how we can improve this situation.”

Service history is logged to provide a unique countdown

Putting himself in the shoes of property managers and

feature. Property managers have access to a progress bar for

board of directors, Maslanka delved into what was needed to

each asset, indicating when maintenance is due, preventing

It is critical for the building to know this information so that if there is an emergency, it can be shut down. I came up with an idea of how we can improve this situation.

problems.

Anything

overdue goes red, and this is critical

“

potential

because as Alex Rajak, Vice President of Operations at Tagteka Inc. states, “If you don’t exercise each valve once or twice a year, the mechanical component inside seizes and can be difﬁcult to shut off. If you can’t isolate the valve, you must shut down the whole building and drain all the water to perform the repair.”

SPONSORED CONTENT

greater distance) to red (signifying close

to preventing potential issues in a

proximity), accompanied by a more

plumbing system. According to Maslanka,

pronounced

effectively

“We introduced wireless temperature

alerting you that the asset is right in

sensors because excessively hot water

front of you. In emergency situations, it

can be a scalding risk, especially to

is a game changer.”

children. Without wireless temperature

sound

cue,

But that’s not all. Tagteka’s app also offers a secure platform for property managers

store

sensors, you’re not going to know that the temperature is too high.”

documentation.

Moreover, Maslanka notes that high-

Rajak notes, “You can upload photos,

rise condominiums using plastic piping

warranty

servicing

over copper are running into issues when

Once the application indicates the

manuals, or any necessary information.

inexperienced plumbers come to the

need for asset maintenance, property

If you need to share a riser diagram with

building and tweak parameters, causing

managers

convenience

your plumbing company, everything

stress within the internal components of

of directly requesting servicing for

is readily accessible.” And all this

the piping. “A year down the road, you start

that speciﬁc asset directly from the

information remains with the building

having micro fractures in the integrity of

app. Tagteka software sends instant

during shifts in management. Data is

the piping, causing bursts and ﬂooding,”

notiﬁcations to authorized personnel

securely retained within the building

he says. Therefore, having Tagteka sensors

allowing speedy action to be taken.

corporation’s

guaranteeing

that measure the pressure and speed at

Time spent waiting for quotes is reduced

a smooth transition in the event of a

which water travels through the piping

using this digital system. According to

change in property management. For a

helps to protect the building from costly

Rajak, “The contractor gets a text or an

new property manager, the process is

repairs.

email listing all the details pertaining to

facilitated by generating a new login to

that asset, so they don’t need to come

that building’s account.

have

the

to the building ﬁrst to get a quote on the materials.”

documents,

account,

Along with RFID technology, Tagteka Inc. also provides real-time monitoring

Maslanka goes on to describe fan coil units as ‘insidious culprits’ of water leaks. For maximum protection, he recommends installing ﬂood sensors in each unit.

When contractors arrive at a building

using state-of-the-art wireless sensors.

Tagteka’s RFID tags and network of

for planned maintenance or in response

These temperature, pressure, ﬂow and

wireless sensors offer a comprehensive

to plumbing emergencies, locating

ﬂood sensors alert building managers

solution to current challenges that most

valves can sometimes pose a challenge

via text message and email when there

building’s face. “We’ve created a system

when their whereabouts are unknown.

is an issue, allowing for quick action to

that will arm property managers and

However, Tagteka’s scanning device

be taken. “There’s a difference between a

unit owners with all the information

comes to the rescue in such instances,

ﬁve-minute notiﬁcation and a 45-minute

they need to act as quickly as possible,

uncovering valves concealed behind

notiﬁcation,” explains Rajak. “If there are

ultimately saving the condominium

ceiling tiles and in other challenging-

any anomalies, you’ll get notiﬁed. For

corporation time and money.”

to-access areas. “A unique feature that

instance, at the ﬁrst contact of water, it

we’ve implemented is a reverse locate

takes our sensors under a minute before

tool,” says Rajak. “As you approach the

a text message is sent.”

asset of interest, an indicator bar within

Continuously monitoring temperature,

the app shifts from yellow (indicating a

pressure, ﬂow and ﬂooding are essential

To learn more about the technology driving

Tagteka

and

its

inﬁnite

possibilities, visit www.tagteka.com.

MANAGEMENT

ONE SIZE DOESN’T FIT ALL

The complexities of electric vehicle infrastructure remain at odds with current condo legislation

The electric vehicle landscape is

BY JAKE FINE

complex, ever-changing and at the cutting edge of technology. For condominium corporations and their owners, this means that

there is no one-size-fits-all solution.

nfortunately, the current iteration of the condominium legislation in Ontario, the Condominium Act, 1998, treats the installation of electric vehicle charging stations or electric infrastructure to support such charging stations as binary - i.e. that is to say that there are only two straightforward streams: an installation of infrastructure or communal charging

stations by a condominium corporation, or the installation of a charging station by an individual owner. To simplify the legislation: For a condominium corporation to install infrastructure or communal charging stations, the corporation must send a notice to the owners.

52 CONDOBUSINESS | Part of the REMI Network

Depending on the cost of the installation and/ or if the installation will reduce an enjoyment of the common elements or units, a vote of owners may be required; and,

For an installation by an owner, the owner must submit an application; the corporation then has 60 days to respond, the parties have 90 days to enter

LEGAL

into an agreement, and once registered on title to the unit, the installation can proceed. In reality, however, these processes are much more complex and intertwined than was envisioned when the legislation was drafted. For example, we are seeing many clients take advantage of various different incentives or solutions to help facilitate the ease of and to reduce the cost of their project; this includes partnering with electrical contractors to assist in utilizing government grants and with electrical contractors to provide the condominium corporation infrastructure, while also providing owners with reduced rates on the purchase of a charging station. These electrical contractors also provide solutions to assist the condominium corporation with maximizing their electrical capacity, including through smart panels or smart chargers. Unfortunately, these solutions do not fall squarely within the current legislation. There are no provisions that take into account a corporation overseeing a project for the installa-

tion of various numbers of charging stations for the owners, or utilizing a government grant that has specific requirements in order to be compliant. Furthermore, regardless of the scenario, there is no flexibility in the legislation, and sometimes unnecessary steps must be taken in order to strictly comply. The end result is generally extra work on the already overworked property manager. There are also ancillary concerns. Does a condominium corporation really want many different contractors engaging with the corporation’s electrical infrastructure? Can a condominium corporation force an owner to install a specific type(s) of charging station that fits within the condominium cor p oration’s plan to maximize its electrical infrastructure? What if an owner’s actions lead to a breach of contract between the condominium corporation and its electrical contractor? There are certainly many concerns that are not addressed by the current legislation. Yet, how can we expect legislators to draft

legislation to protect against scenarios that are not even contemplated? We can’t. So much has changed since the drafting of the electric vehicle provisions that it is no wonder that they are not all-encompassing. Coupled with the fact that the Condominium Act, 1998 is consumer protection legislation, any amendments to the legislation will be a balancing act of (at times) competing interests. Until legislators figure that out, condominium corporations must work within the legal parameters that are in place and make the best of the situation at hand. That involves implementing creative solutions and looking at the spirit or intention of the Condominium Act, 1998 to get the job done. At the end of the day, as long as the goal is to allow owners to install and use charging stations, then the purpose of the legislation is achieved. 1 Jake Fine is a lawyer with Lash Condo Law LLP, and has taken a keen interest in electric vehicles in condominiums. Jake also serves as the President of CAI Canada.

www.REMInetwork.com | Fall 2023 53

MANAGEMENT

REDUCING INTERIOR CONDENSATION The upside of this occurance and what to do about it

Opting for high energy-efficient

BY THOMAS NOËL windows can significantly reduce the amount of condensation that appears on older windows. The new technology has special low-emissivity

coatings (low-e) and is filled with inert gases, such as argon, which can also provide considerable energy savings. One issue that homeowners may encounter with these new windows is outdoor condensation.

54 CONDOBUSINESS | Part of the REMI Network

MAINTENANCE • Set the furnace fan to run continuously and install a two-speed energy-efficient motor. • Use a dehumidifier to remove excess moisture from the air. Reducing the amount of moisture in the air will reduce the likelihood of condensation on the windows. • Install a heat recovery ventilator (HRV). The HRV provides the opportunity for continuous ventilation. • Monitor the furnace humidifier. The higher the indoor relative humidity, the greater the chance of condensation occurring on cold surfaces. Maintaining a desirable and healthy humidity level will reduce your risk of mould. • Run the exhaust fans for kitchen, bathroom and laundry rooms for longer periods. • Make sure exhaust fans vent directly outside. • Reduce the number of plants in your home and water them less. They release water vapours. • Use the bathroom exhaust when showering or bathing. • Remove interior screens on windows during cold months. Lastly, ensure that the windows are properly installed and sealed. If there are gaps or leaks

around the windows, warm, humid air can enter the building and condense on the surface of the windows. Proper installation and sealing can help to prevent this from happening. New windows should also be much more air-tight due to their improved construction and more efficient installation, sealing and caulking of your windows. Since they are more air-tight, the moist air in your home is less likely to escape. That means homeowners need to pay more attention to their indoor humidity levels. Indoor condensation on energy-efficient windows is a natural phenomenon, which is not frequently encountered and occurs for a reasonably short period of time. Homeowners can take steps to mitigate its impact with proper ventilation and using a dehumidifier. 1 Thomas Noël is the director of the condominium division for Nordik Windows and Doors, the largest window and door replacement company in Ontario for the residential sector, including townhouses and condominium complexes four storeys or less. Thomas Noël sits on the Expert Advisory Council for Windows for the Ministry of Natural Resources Canada (NRCan) and advised on the launch of the $2.6 billion Canada Greener Homes Grant.

nder specific conditions, such as quick temperature changes and high humidity, the exterior glass surface may cool below dew point temperature and collect moisture from the outside air. This is a natural occurrence and does not indicate any problems with the windows themselves. With modern low-e glass, more heat is kept inside, resulting in a lower outer pane temperature and greater risk of condensation on the external surface. This is a sign that the windows are performing well. The condensation is a result of the windows creating a barrier between the inside and outside of the building, preventing heat from escaping and saving energy. There are steps that can be taken to reduce or eliminate indoor condensation on energy-efficient windows: • Increase ventilation in the room. This can be done by opening a window and increasing the airflow in the room.

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www.REMInetwork.com | Fall 2023 55

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SCRATCHING IN THE WALLS:

KEEP PESTS OUT THIS FALL

s the days shorten and the temperatures cool, we snuggle up and spend more time indoors. But we’re not the only ones looking for somewhere cozy. To go with the spookiness of Halloween, you may hear scratching within the walls. Critters are also looking for warmth and security. In areas of heavy development, mice in particular, look for safety.

“Mice are a big problem in the City of Toronto,” says Shaw Haghgoo, CEO of Pest B Gone Canada Inc. “The issue is development. Every time the ground is dug up, we disturb their habitat. Anytime there is construction in the area, pest control measures should increase.” During the summer, mice will hide inside garbage areas and gardens. When it gets colder, they move inside buildings. If not treated, they gravitate towards units. “Mice get in through garbage and recycling areas, compacting rooms, and underground parking areas. Once inside, an infestation can start.” RAPID BREEDERS They breed quickly: Female mice can have up to 15 litters per year with an average litter size of 10 to 12 pups. To combat this threat, consistent attention through the use of regularly refreshed bait stations is essential.

SPONSORED CONTENT “You need to have a variety of feed,” says Haghgoo. “If you use the same bait consistently, it will not be as effective. This time of the year we like to use three different baits focusing on garbage room areas and underground parking. Some buildings have storage facilities connected to the underground; if that’s the case, we will put a bait station there too.” Bait stations are small containers which give the rodents a sense of security. Once inside, they eat the bait and leave. “Based on the amount of bait that’s left in there, we know how much activity there is,” he says. “If you don’t control them, you risk an infestation.” If mice escape from garbage areas into units, they now have a secure food source and can make their way through the building, traveling along hallways, and inside drop ceilings. They also travel along plumbing pipes in the kitchen area and electrical conduits. “Plumbing pipes are the most notorious because they have the largest gap around them.” Typically, Pest B Gone will perform monthly visits to monitor pest control in the common areas. If a mice situation escalates, or if a building is infested, they will be at the site strictly to address the mouse problem. Service calls are waived for clients on a maintenance contract and the cost to the property is minimal. Rats need a different approach. “Rats are actually very clean animals. They live in filthy areas, but they like to be clean. Feeder stations must be regularly cleaned, and any debris emptied.” SPIDERS CAN BE BENEFICIAL Fall is also when spiders transition somewhere warmer, preferring dark, dry places. Despite their potential benefit to the environment, not everyone likes them. “Spiders are beneficial because they are going to take care of flying insects. Both spiders and centipedes feed off other insects. If we do a spider treatment, we are going to kill other insects at the same time.” Common cockroaches are another concern. Treatment processes can be hampered when residents don’t comply with requests to enter. In a condominium property, the corporation has the right to enter the unit to perform its duties provided that prior notice is given. While notices can be easily communicated to owners, not all owners live in their units—some are leased to tenants. “That can be troublesome. People opt to ignore what we’re asking them to do, and they don’t answer the door. Property managers can only communicate with the owner, and the owner is responsible for their tenant. It’s difficult for the property manager to get involved. If the owner is not in town, that makes it even more tricky.” Haghgoo suggests property managers make as much effort as possible to communicate the need to enter ahead of time: “Make sure everyone is aware. Post notices up everywhere—make it very clear that it is happening and the date it will occur.” If unable to get access to a unit, Pest B Gone will provide two alternative dates to return to the property to complete the building-wide treatment. If again there is no access, or the unit has not been prepared, there is a cost to return to the site which the corporation will typically charge back to the unit owner.

A HELPING HAND FOR ELDERLY & PHYSICALLY IMPAIRED RESIDENTS Pest B Gone are empathetic regarding the prep work requirements. Understanding it can be difﬁcult for the aged or those with physical impairments, Pest B Gone is one of the few companies who offer to help. For cockroach bait and powder treatments, no preparation is needed other than removing everything from countertops. For a residual or fogging treatment with Actisol, all cabinets in the kitchen and bathroom must be emptied out. “A lot of people will take items from the cupboard and put them on the kitchen counter—that’s not what we want,” explains Haghgoo. “Depending on the circumstances, not everyone is able to prepare on their own. Many elderly people are incapable of reaching the upper cupboards, and most of them can’t reach past the bottom shelf. In a total building treatment, I always have two other people with me. As long as the owner or tenant is there beside me and doesn’t just leave the unit, we’re going to work with them.” This is an uncommon service for the pest control industry. “We do it because it helps speed things up. By taking the extra step, it takes the burden off the Property Manager. The manager can’t be expected to go in and help people clear their cupboards, the superintendent can’t be expected to either. It’s part of the service we offer.”

Pest B Gone supplies exceptional service throughout the Greater Toronto and Hamilton region, including Kitchener/Waterloo. Connect at www.pbgcanada.ca or 289-597-BUGS (2847)

Shaw Haghgoo is CEO of Pest B Gone, Canada Inc., a leading provider of structural pest management services. “We have established the highest of standards in the pest control industry, and work to push the limit of that every day.”

TAILORING AMENITIES TO EVOLVING DEMOGRAPHICS

Resident preferences are changing. How can condo communities keep up?

Gone are the days when most condom i n iu m d w e l ler s w ere

BY JOHN BREA

young couples or single business professionals who wanted to live close to work. These communities have evolved to include many more families with small children, new Canadians, and empty nesters

who have downsized and want to live a more dynamic lifestyle with convenience at their fingertips.

58 CONDOBUSINESS | Part of the REMI Network

DESIGN & RENOVATION

s the demographics of a community evolve, so do the needs and wants of the residents within them. Desired amenities are changing The types of amenities that were once popular in condos have changed. Residents are no longer looking for just a place to live; they’re seeking a lively and interactive environment where they can live, work, and play. They look for communities that offer something special for themselves and their families, whether their family consists of only adults, adults and children, or adults and furry relatives. Certain amenities will always be popular and seen as an added benefit, such as gyms and party rooms. Some amenities that were once sought after, like a pool, are now less desirable. The maintenance and insurance cost of pools significantly add to an owner’s condo fees, and many are reconsidering having to contribute to an amenity that is not widely used. When planning amenities, developers are now taking the demographics of the community’s residents into account. Providing a variety of amenities and services that can benefit people from different walks and stages of life is paramount. For the younger generations Families with young children are becoming much more prominent in condos, and with that, creating spaces that are specifically geared toward younger residents is increasingly important. New developments are being designed to include an outdoor playground, and indoor amenities that are gaining more traction are playrooms, craft rooms or an area that combines both. Activities being considered for these spaces include chalkboard walls or something similar that can easily be drawn on, cleaned, and used repeatedly, as well as a sink to keep post-craft clean-up simple. These types of amenities can not only benefit the younger residents, but also be a great help to older ones as well. Residents who have grandchildren appreciate having a space they can enjoy with their young visitors.

Another rising trend within condo communities is stroller parking, which can be compared to bike storage. Strollers are bulky, and depending on the size and design of a unit, they can be very hard to store. Giving residents access to a secure room for their strollers when they’re not in use can make the comings and goings of a parent more convenient.

For the working professionals For many, hybrid and remote work is the new normal, and working from a condo unit doesn’t always provide the best atmosphere. To help residents who may need a quieter place to take a call or focus on a big project, coworking or wireless workspaces are being added as an amenity. These rooms are equipped with internet, desks, and tables for

www.REMInetwork.com | Fall 2023 59

DESIGN & RENOVATION

residents to work from; this way, residents can simply arrive with their laptops and headphones, ready to take on the day with minimal distractions. For the empty nesters More empty nesters are choosing to downsize from their single-family homes to condo communities, allowing them to worry less about the maintenance and upkeep that comes with homeownership, and giving them the opportunity to age in place. As a result, developers are incorporating units designed with more accessibility in mind, including walk-in showers, larger entryways,

and lower counters that can accommodate a wheelchair. For our four-legged friends The well-being of our four-legged family members has also gained importance among residents. Basic pet amenities, like small grassy areas that include pet waste bags and disposal, are no longer enough. Developers are now going the extra mile for pets by installing luxurious pet wash areas and proper dog runs with fake fire hydrants and easy-to-maintain artificial turf. These areas are great spots for dogs to let out some energy and for neighbours to meet and get to know each other.

60 CONDOBUSINESS | Part of the REMI Network

The rise of the master-planned community For condo communities to be desirable, it’s no longer about the amenities that can be found within the building. It’s also focusing on creating a true live, work, and play community environment where a wide variety of amenities are available within walking distance. That’s where the masterplanned communities come in. This type of community is designed to encompass multiple high-rise buildings, townhomes, retail, large recreational centres, dining, professional services, and more. Master-planned communities are beginning to pop up in metropolitan areas across Canada, and are often built near transit hubs. They benefit not only those who choose to live in them, but the cities they’re developed in as well. For these master-planned communities to get approval, cities can have a say in the types of third-party amenities that are found in them. Cities can mandate certain things be included in the community, such as a city-run recreation facility or a library. Being flexible with amenities that no longer work For existing communities, as demographics change, the want for certain amenities will change too. As a board, it’s important to be open-minded and flexible to the residents’ ever-changing needs. While there are some amenities your community will have to stay tied to, like a pool, others can evolve. Golf simulator rooms continue to be popular, but if not adopted by the residents, result in valuable space barely being used. An amenity like this is worth revisiting and can evolve to better suit the needs of the community’s demographics. Perhaps a TV room that allows residents to have a Superbowl or Bachelorette finale watch party would be more appreciated. Or, if you have a growing population of children in the building with no amenities for them, it might be best to convert the space into a playroom. The bottom line is amenity trends continue to evolve as new services and technology become more widely available. What’s important is ensuring that you consider the ever-changing demographics of these densely populated communities when determining your amenity offerings. 1 John Brea is President of the FirstService Residential North Region

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NEW AND NOTABLE

MOBILITY MINDED A new condo coming to downtown Milton is called Stationside for good reason. The two-tower project from Neatt Communities will be one of the first condos that connects with the town’s future mobility hub and upcoming Milton Go Station. Proximity to transit is key for the growing region. The town’s population, about 133,00, is on pace to reach 355,000 by 2051. A

future mobility hub with a mix of uses is expected to attract about 25,000 new residents to the area. Commuters are also promised 15-minute rush hour train service from Milton to Union Station once the Milton Go expansion takes off. The Stationside towers are 19 and 23 storeys tall and connect through a six-storey shared podium, with 612 suites overall.

SECOND TIME AROUND A 16-storey condo in Liberty Village is focusing on a new segment of the homebuying market. The building is curated with secondtime condo purchasers in mind, rather than investors. The idea is similar to cities like New York or Vancouver where the owner's second-purchased home is also a condo. “As the price of low-rise living continues to rise, many Torontonians are turning to condos for that step-up home,” says partner Adam Ochshorn. “For these buyers, it's not necessarily more space they’re after, but a better location, more thoughtful layouts, and convenient access to the urban lifestyle that defines condo living.” The project will bring 269 residential units to Dufferin and Liberty. Suites feature a dedicated storage space upgrade that includes a second, separate entrance from the common hallway. The top floor is a crafted collection of indoor and outdoor spaces, including Toronto’s first rooftop Pickle Ball court, a commercial grade indoor and outdoor kitchen, and a hotel-style rooftop lounge with an outdoor theatre and barrel saunas that overlook the skyline. Ochshorn says it was a conscious decision to take what is typically

62 CONDOBUSINESS | Part of the REMI Network

the most valuable real estate in a building — the top floor and rooftop — and make it accessible for the entire condo community.

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