CondoBusiness - November 2009

Canada’s Most Widely Read Condominium Magazine

November 2009 • Vol.24 #8

Regent Park revitalization

Positive thinking

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Curtailing growth's footprint Why disputes don't get resolved

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Contents

departments

25

Legal Parking not permitted

28

Design Fashion House condos

32

Legal Why disputes don't get resolved

37

Management Don't slip up in the winter

41

Management Saving H2O makes dollars and sense

44

Management When disaster strikes

46

Smart Ideas

Focus: Development

11

Positive thinking

By Sheri DeCarlo and Brenda Webster

14

Regent Park revitalization

By Amie Silverwood

18

Curtailing growth's footprint

By Barbara Carss

editor's Letter

Publisher Steve McLinden Editor Amie Silverwood Advertising Sales Paul Murphy, Sean Foley, Atif Malik

Planning for success The focus this

month is on planning and development. With the population increase putting more and more pressure on our cities, condominiums are at the centre of most development projects whether they’re townhouses, lowrise or high-rise towers.

L arge sc ale development projects are inspiring in their ambition. Some include transit, parks, office space and shopping but at the core of these projects are the condominiums that breathe life into a new community by bringing in commuters, residents, employees and consumers.

A thriving neighbourhood is multi-faceted, provides the basic needs of its residents and attracts people to its streets and parks. A healthy community is inhabited by people who are single, married, families and seniors as well as people from several income brackets.

It’s always exciting to watch a new development being constructed. This issue, we’re taking a look at some that give back to the communities in which they are being built through environmental initiatives, social initiatives or artistic initiatives.

Senior Designer Annette Carlucci Designer Ian Clarke Production Manager Rachel Selbie Circulation Manager Cindy Younan Contributing Writers Sheri DeCarlo, Brenda Webster, Barbara Carss, Lavonne McCumber Eals, Bruce Ally, Rachel Selbie, Jeff Morris, Diane Marangoly, Donna Church, Steve Sobel Subscription Rates

Canada: 1 year, $55.10; 2 years, $100.20 Single Copy Sales: Canada: $8. Elsewhere: $12 USA: $80.71 International: $106.30 Reprints: Requests for permission to reprint any portion of this magazine should be sent to info@mediaedge.ca.

Circulation Inquiries 416-512-8186 ext. 259 customerservice@mediaedge.ca CONDOBUSINESS is published eight times a year by

President Kevin Brown Accounting Manager Maggy Elharar

Amie Silverwood amies@mediaedge.ca

5255 Yonge Street, Suite 1000 Toronto, Ontario M2N 6P4 (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.

8 CONDOBUSINESS | www.condobusiness.ca

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Positive thinking Waterfront Toronto’s Lower Don Lands development has been selected as one among 16 founding projects of the Climate Positive Development Program, a Clinton Climate Initiative (CCI) program that will support the development of large-scale urban projects that demonstrate cities can grow in ways that are “climate positive.� Climate positive real estate developments will strive to reduce the amount of onsite CO2 emissions to below zero.

development

By Sheri DeCarlo and Brenda webster The Climate Positive Development Program was launched by President Clinton, Founder of the William J. Clinton Foundation, on May 19, 2009, at the C40 Summit in Seoul, South Korea. Along with the other founding projects, Waterfront To r o n t o ’s L o w e r D o n L a n d s w i l l demonstrate climate positive strategies, setting an environmental and economic example for cities to follow.

To reduce the net greenhouse gas emissions of their Climate Positive Development projects to below zero, proper t y developers and loc al governments will agree to work in p ar tnership on sp ecific are as of activit y. T his includes implementing economically viable innovations in buildings, the generation of clean energ y, waste m an a g ement , water

management and transpor tation and outdoor lighting systems.

Last year, for the first time, half the world's population (3.2 billion people) l i ve d i n c i t i e s , a n d t h a t f i g u re i s expected to grow to 70 per cent by 2050. Cities also occupy just two per cent of the world's landmass, yet are responsible for more than two -thirds of global energy use and greenhouse gas emissions. How cities change and grow is therefore a critical component to tackling the climate crisis.

C40 Chair David Miller, Toronto Mayor and Waterfront Toronto board member, said, " We're proud to suppor t the participation of the Lower Don Lands in the Climate Positive Development Program. This is a fantastic opportunity to showcase Toronto's experience in livable,

sustainable and diverse neighbourhoods and help create a network of leading edge 'climate - positive' communities around the world."

Waterfront Toronto’s plans for the L o w e r D o n L a n d s , a 12 5 - h e c t a re (308-acre) industrial area located south of the rail corridor in the east end of Toronto’s harbour, include transforming the area into new sustainable parks and communities.

Located on a former brownfield site, the entire development project will focus on sustainable transport solutions, efficient building processes, energy conservation and energy efficiency and be adaptable to future climate change. " Waterfront Toronto is thrilled to be part of the Clinton Climate Initiative that will advance the innovation and profile of important sustainable city building November 2009 11

development

projects like the Lower Don Lands," said John Campbell, President of Waterfront Toronto. "The Lower Don Lands project proposes an approach to an urbanized river that few cities have taken before. We are working to re-locate the mouth of a river, restore the river to a condition that nature would applaud, create new parks along its edges and build the most carbon neutral new urban neighbourhoods possible."

Plans for the Lower Don Lands envision a sh owc ase fo r sust ain a b l e ur b an design where innovative environmental technologies and creative solutions are put into practice. Upon completion, the Lower Don Lands will be home to approximately ten thousand residents with a mix of 75 per cent residential and 25 per cent nonresidential space.

T he key is to make it simple for residents of the Lower Don Lands to be environmentally friendly. The Lower Don Lands will contribute to the City of Toronto by building a better environment and quality of life for its residents. “By working with and understanding climate, a more comfortable and sustainable city can be created at less cost to the environment,” says Campbell.

The Lower Don Lands’ plans prioritize transit as a mode of transportation creating dedicated space for high frequency light rail transit. In addition, there is a strong focus on promoting biking, and public transport buses run on renewable fuels.

Extensive multiuse trails in the area will

act as major connecting links with the Don Valley Trail system, the Don Greenway, and the Martin Goodman Trail, maintaining continuity and enhancing the public realm.

Sun and wind movement studies have been used to shape the orientation of buildings and street blocks in the plans for the Lower Don Lands. This will not only further the development of an energy efficient indoor building climate but will also provide for a more comfor table ex p erienc e in the pu b lic re alm by maximizing the natural cooling effects of summer breezes and shade while offering protection from winter winds.

By combining CCI’s business and finance exper tise with the technical knowledge of the US Green Building Council, the Climate Positive Development program will support the planning and implementation process for the Lower Don Lands and establish global standards and metrics by which the sites can measure climate positive outcomes.

W hen the initial 16 projec ts are completed, nearly one million people will live and work in Climate Positive communities. These communities will be located in Melbourne, Australia; Palhoca, Brazil; Toronto, Canada; Victoria, Canada; Ahmedabad, India; Jaipur, India; outside Panama City, Panama; Pretoria, South Africa; Johannesburg, South Africa; Seoul, South Korea; Stockholm, Sweden; London, UK; San Francisco, USA and Destiny Florida, USA.

12 CONDOBUSINESS | www.condobusiness.ca

The first community to be developed in the Lower Don Lands will be the Keating Channel neighbourhood, the area that runs from East Bayfront to the Don River and from the West Don Lands to Villers Street.

The precinct plan for the area consists of 25 blocks that will feature a variety of built-forms and architecture that support a diversity of experience and use.

Recently, plans for the Keating Channel neighbourhood were awarded the 'Best Futuristic Design Award' in one of the world's leading sustainability focused development industry design competitions at the Building Exchange (BEX ) 2009 Conference. The original design for the Lower Don Lands upon which current plans are based has received recognition from the international design community.

Waterfront Toronto together with Michael Van Valkenburgh Associates (MV VA ) received the 2008 Royal Architectural I n s t i t u te o f C a n a d a’s S u s t a i n a b l e Development Award for the concept design. The project also won the American Society of Landscape Architects 2008 Honor Award in Analysis and Planning. CB For more information about development plans for Waterfront Toronto's Lower Don Lands log on to http://www.youtube.com/ watch?v=bEQiNXXgu4g. To learn more about the work of the Clinton Climate Initiative and the William J. Clinton Foun d a tion, p l e a s e vi s i t w w w. clintonfoundation.org.

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feature

Regent Park revit

14 CONDOBUSINESS | www.condobusiness.ca

feature

talization

By AMIE SILVERWOOD

One of Toronto’s most notorious neighbourhoods is undergoing a transformation.

Regent Park is getting more than a facelift to take it from a guns and gangs magnet to a safe and prosperous community.

But can gentrification chase the ghosts out of Regent Park?

November 2009 15

feature

Regent Park has a reputation for being a crime haven. Built in 19 4 9, it was Canada's first public housing project. But the inward facing design made it difficult to police since cars couldn’t permeate the neighbourhood and there were plenty of places for criminals to run and hide. Crime was primarily propagated by people from outside of the community who found the neighbourhood’s inner courtyards an ideal location to conduct their business. But the crime rate associated with Regent Park has declined substantially in recent years.

Toronto Community Housing (TCH) is the primary stakeholder in Regent Park and they’re reconfiguring the roads and ad ding much needed ser vices to the community to open it up to the surrounding neighbourhoods and encourage more traffic (both pedestrian and vehicular) to the streets and alleys.

Eliminating dead ends and upgrading the streetlighting are just two of the details of this project that should make the streets safer for residents.

According to Liz Root, the project

director for the Regent Park revitalization, “once the roads penetrate the community and people are walking, the whole urban design will make things change as well.

People hanging around, there’s more people out and about. It’s harder for people to conduct their business.”

The plan, however, is more ambitious that crime reduction. TCH has partnered with developers and businesses to bring people of higher incomes into the community and to provide services such as groceries and banking as well as jobs for residents.

The goal is to create a more diverse community, a more organic community than the social housing designed in the past. Mixed -income evolves naturally so the plan for Regent Park is designed to encourage the natural evolution that occurs in any successful neighbourhood.

People of various income levels, singles, families with children and seniors will all be accommodated in the plans.

“It creates a more diverse community and for low-income communities like

“

Regent Park that is defined in its physical boundaries, it is a defined kind of space,” explains Root. “It has suffered over the years a stigma in the community, and once we reintegrate Regent Park into the surrounding neighbourhoods by introducing roads, through streets and it therefore becomes accessible for people to flow through it, we know it creates an opportunity for new and improved services anywhere from retail to commercial to a new communit y centre, a new aquatic centre.”

“T hose things will at tract people from other parts of Toronto, if not the surrounding neighbourhoods, and it starts to take off the patina of the community.

And through the revitalization, we’re introducing opportunities for folks through local employment and other resources and partners that are coming to the community that ultimately will benefit many of the households that live there.”

The goal is to improve the neighbourhood and the lives of the inhabitants by introducing good jobs for the unemployed. The contractors working in the area all have a local employment requirement and the businesses that are moving into the community have all hired neighbourhood residents.

Root describes one of the residents whose life have been enriched already by their work. “An engineering technologist was trained in Bangladesh and then he came here and he didn’t have the credentials to practice here so he was doing clerical work but he had more professional credentials. That’s just the kind of person who has been able to take advantage of working for consultants.”

The goal is to improve the neighbourhood and the lives of the inhabitants by introducing good jobs for the unemployed.

16 CONDOBUSINESS | www.condobusiness.ca

”

Feature

T he C i t y of To ro nto h as set u p an employment hub within the neighbourhood and TCH has partnered with businesses and social community agencies to help immigrants find work and get the credentials or training they been to work in Canada.

Daniels is one of the partners TCH is working with on the revitalization of Regent Park and they have been an integral part of the community through the first phase of the project. They’ve been involved through initiatives such as hosting meetings and neighbourhood events at their sales centre. Their project, OneCole, consists of two condominium towers joined by a row of townhouses facing Cole Street on the West side of Parliament. Most of the units have been

sold as regular market units but some have been purchased by neighbourhood residents through a low income ownership plan that provided assistance with the downpayment.

TCH has plans for a neighbourhood association that would have representation from both the condominium buildings and the rental buildings in order to bring together a broad spectrum of interests under one single association rather than having a condo board and a tenant’s association. “We wanted to create a place where a mixture of interests will come together,� says Root. “So we recognize there’s going to be differences so we want to create those vehicles where people can come together to create

communit y, solve problems and deal with differences.�

Despite the neighbourhood’s stigma as a haven for criminals, Daniels sold 85 per cent of the units in OneCole in less than a month to a variety of buyers including single women and families convinced the revitalization will make Regent Park a desirable location in which to live. “The community is going to evolve and how that plays out over time we’re all going to find out together but the idea of the social development plan is to really create a plan that will address the challenges of social cohesion in the community that will have lower income households, medium income households and potentially some higher income households.� CB

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development

Photo courtesy of Faubourg Boisbriand LP

Curtailing growth’s footprint

By Barbara Carss

Engineers and urban planners

are

historic, but not necessarily harmonious partners

in forging the built environment. The evolution of the LEED (Leadership in Energy and Environmental Design) program is a good example of how the two disciplines can constructively critique and complement each other.

Reprinted from Canadian Property Management, July/August 2009.

18 CONDOBUSINESS | www.condobusiness.ca

development

Images courtesy of Bordeaux Properties

LEED for Neighbourhood Development (ND) is one of the most recent initiatives of the US and Canada Green Building Councils aimed at broadening the context for sustainability beyond the walls of a building or the boundaries of a site. It targets development lands and considers how the location, density and form of development can make the most efficient use of resources and mitigate the impact that the development’s occupants have on the environment.

“The LEED program is meant to push the industry to see what is achievable,” reflects Dan Leeming, the Co-Chair of the Canada Green Building Council’s (CaGBC) LEED ND committee and a principal of the consulting firm The Planning Partnership.

“Personally, I have seen quite an increase in the number of well known developers who are prepared to make that shift.”

More than 20 Canadian developers are now participating in the US Green Building Council’s (USGBC) LEED ND pilot program, while the CaGBC committee is assessing criteria developed through the US program and modif ying them to fit Canadian climatic, environmental and regulatory

conditions. The USGBC wrapped up a public consultation period for its pilot program in June and is now developing the final version of the LEED ND criteria, which the USGBC membership will vote on later this year. CaGBC expects to have its LEED ND program ready for launch in the spring of 2010.

L ike other L EED pro grams for construction and design of new buildings o r o p er atio ns an d m ainten an c e of existing buildings, LEED ND establishes some prerequisites and a wide range of options for accumulating points toward certification. In this scenario, however, the USGBC collaborated with the Congress of N ew Ur b anism and the N atural Resources Defense Council to devise the pilot criteria. This melds differing yet compatible expertise in energy-efficient and sustainable infrastructure, pedestrianand transit-friendly design and ecosystem protection to create a more comprehensive framework than merely assessing how buildings perform as isolated entities.

“It’s not just about new houses. It’s about everything,” Leeming asserts.

Prerequisites and potential points are

divided into three main categories: smart location and linkage; neighbourhood pattern and design; and green construction and technology. A few points are also available for innovative design and design processes.

Certification can be awarded at three different stages: 1) for the initial conceptual plan for a development area; 2) when that plan is approved by an entity of authority – typically a municipal government; and 3) when the development or the first phase of a development with a long-term buildout is complete.

Brownfield infill Faubourg Boisbriand, an envisioned 1,700-unit residential community on the site of a former General Motors assembly plant in the city of Boisbriand, Quebec, is one of the first Canadian pilot projects to break ground, after achieving LEED Gold status in Stage 2. About 800 residential units have already been sold and the developers expect about 300 will be built and occupied by the end of this year.

“We think by 2013 it will be quite advanced,” says Hélène Gignac, Chief November 2009 19

development

O p e r a t i n g O f f i c e r w i t h F a u b o u r g along the site’s frontage on Highways Boisbriand LP. 15 and 640 where big box stores are A mix of condominium apartments, concentrated. Smaller, boutique -style triplexes, row - houses, tow nhouses shops and restaurants are planned for the and seniors’ housing are slated for main streets of the village core within easy approximately 54 acres of the 240-acre walking distance for residents. site, which also accommodates retail/ “When the LEED ND pilot program was commercial development and an area for introduced, we had just begun to plan our a future business park. More than two- residential so it was a question of timing thirds of the planned 1 million square feet in our 2/3/09 case,” Gignac recalls. “Our vision CARMA_CondoBusiness_01-19-2009_CS2--F.pdf 5:41:35 PM of retail space has now been built, mostly of how to do real estate development was

20 CONDOBUSINESS | www.condobusiness.ca

a good match for the criteria. We looked at the criteria and we looked at what we were doing in terms of our vision and we said: we’re there.”

As a redevelopment site within a builtup area, it already met some key LEED ND objectives since it was connected to existing infrastructure and public transit routes and would remediate and make productive new use of a derelict property.

(Ultimately, property tax revenue from the site is projected at more than three times what GM paid annually for its facility.)

From the developer’s perspective, the site’s size and location at the intersection of two well-travelled highways on the Montreal metropolitan region’s north shore more than counterbalanced its status as a brownfield site.

“From an economic point of view, the north shore is the fastest growing region of the province,” Gignac says. “In terms of land assembly, it was cutting down on the time and risk of assembling the land, and the contamination was not very deep or serious or complicated. It was in pockets.”

O ther point- earning initiatives are likewise based on a cost-benefits analysis and projections for return on investment.

In its role as land developer, Faubourg Boisbriand LP strived to establish design parameters that would make economic sense for residential developers to come in and build out the plan’s vision. These directives focus primarily on energy efficiency, water efficiency and pedestrianfriendly and transit-oriented features.

Housing must be built to the Nouveau Climat standard – a level of energyefficiency at least 25% better than the requirements of Quebec’s Building Code.

Dual-flush toilets and low-flow faucets and showerheads are mandatory, while plants, trees and shrubs must be selected from a list of approved native species that require limited watering. Even the lawns have been specified to reduce water use.

“We developed a recipe, working with an agronomist,” Gignac reports. “It has two types of fescue with some clover.”

Pedestrian paths throughout the site provide links from the residential to commercial areas, and essential services such as the grocery store are situated within convenient walking distance of the homes. For longer distances, the developer is now working with other public interest

development

groups to advocate for new commuter train service between Boisbriand and the northern end of Montreal’s subway line located on the island of Laval. This would augment existing bus and train service.

Greenfield development Across the countr y in A lber ta, the developers of a new community in the County of Rocky View face similar issues on the rapidly growing suburban edge of a major Canadian city – in this case, Calgary – but also the challenges of a different development culture and tradition of land use.

“In Alberta and Saskatchewan and probably in Manitoba as well, greenfield development is still going to be fairly predominant for many, many years to come,” maintains Birol Fisekci, President and Chief Executive Officer of Bordeaux Properties, the developer of Harmony, an envisioned mixed-use community with 3,500 residential units and a local base for employment building on the economic development potential of the nearby Springbank municipal airport. “The one challenge for LEED ND for us is that it really does tend to focus on brownfields.”

Nevertheless, the conceptual plan for the 480-acre tract of former ranch land has been LEED certified at Stage 2 and development could begin as early as the spring of 2010 if market demand justifies it. The lands have been deemed of marginal agricultural value and thus arguably a preferred place to channel the growth that is forecast to come to the area.

Although the density of development is lower than that of other LEED pilot projects, the plan scored points for energy and water efficiency, pedestrian-friendly configuration and balance of green space – which Fisekci calls a positive alternative to the growing trend in cities like Calgary toward ever larger homes on smaller lots.

“LEED ND is our benchmark, but I am a big believer in the triple bottom line,” he stresses. “The environmental initiative is extremely important, but not to the exclusion of economic and social factors.”

At Harmony, densities will range from a low of 2.5 units per acre at the periphery to 11 units per acre in the village core.

In addition to 1,000 units of housing, including seniors’ housing and four-storey multi-family buildings, the 50-acre village core will encompass main street retail,

m e d i c a l of f i c e s , c o m m u n i t y s p a c e and an ar ts facilit y housing a music conservator y affiliated with Calgar y’s Mount Royal College.

F or Ro ck y V iew, this represents a significant departure from a previous pattern of estate development on 2 to 4-acre lots. “We have to keep in mind we are in an area where traditionally all residential has been single-family. The County is taking a very positive leap

forward in changing its land use practices for developable land by allowing us to have a significant multi-family component as well,” Fisekci says.

On the sustainable technology front, the development will be built with the piping to allow for reuse of grey water within buildings even though Alberta continues to prohibit the practice. Bordeaux Properties is also working with the non-profit public interest group WaterSMART to encourage

November 2009 21

development the provincial government to revise rules for grey water use.

Degrees of difficulty Such steps are in sync with LEED’s market transformation goals. Devisors of the CaGBC’s LEED ND program have been particularly conscious of the need for standards that are applicable across the country, can be realistically but not too easily achieved, and don’t require participants to expend extra money, time and labour to document procedures that

are simply part of securing municipal planning approvals.

“In many jurisdictions in Canada there are already very rigorous planning controls in place,” Leeming observes. “What we find in Ontario, for example, is a very tight structure of urban boundaries. Leapfrog sprawl really is not permitted.”

The various stages and levels of LEED ND certification provide for a spectrum of application, investment and commitment – from planning principles to actual communities with low or no carbon

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footprints. For example, municipal officials in the Town of Oakville on the west side of the Greater Toronto Area have now withdrawn from the USGBC ’s pilot program because the market conditions aren’t yet right for development to move forward in a vast 5,400 -acre greenfield area slated to one day accommodate 50,000 to 55,000 residents and 30,000 to 35,000 jobs, but a LEED ND compliant template is in place.

“The principles are still to a large degree embedded in our secondary plan,” says Charles McConnell, Oakville’s Manager of Long Range Planning. “We’ve established our own sustainability checklist that we will monitor ourselves on a subdivision-bysubdivision basis. It is part of our process.”

This is really what Stages 1 and 2 of the LEED ND process are meant to accomplish.

Alternatively, the criteria can also provide guidance in the absence of proactive plans.

“There are many jurisdictions that may be working with older plans and older planning instruments,” McConnell adds.

“Through the LEED ND program there is a whole series of criteria that can lead to a model for sustainability and provide a means of measuring how we can actually meet the criteria.”

As with all LEED rating systems, the levels of certification signify and reward attainment of increasingly meritorious and difficult performance targets. However, Silver, Gold or Platinum certification could be an even harder stretch since LEED ND’s greater emphasis on connections to the surrounding environment leaves developers and investors more reliant on external factors than in building-specific programs.

“If you’re doing a brownfield infill site on three acres in downtown Toronto, you’ve got the density, the transit, the c o nne c tio ns to ex istin g ser v ic es ,” Leeming says. “In a greenfield subdivision it’s much, much harder to build a LEED ND project. You don’t have any control over when the school and other community services are going to get built. You don’t have any control over transit. You’re typically dealing with lower density, which also undermines the economic case for some of the technologies like district energy.”

In part, that’s why Fisekci wanted to participate in the USGBC’s pilot program.

“I thought it would give me an opportunity to really voice an opinion,” he says. CB

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27-20

legal

Parking not permitted For more and more people, the concept of affordable holiday has been expanded to

an

include the fairly new premise of house swapping. But any arrangement can be complicated for those involved and the condominium corporation if something goes wrong. The following is an example of the kind of misunderstanding that can occur when condos are swapped.

Carla thought that swapping her condo for a week so she could stay in a similar place overseas would make for a fabulous vacation. Indeed she had a wonderful time on her vacation. However, a couple of weeks after her return, Carla received a bill for an on-site offense, namely parking in one of the designated disabled spots in the visitors’ parking area.

This is something Carla would never knowingly do and was initially sure it was some kind of mistake. She ignored it since the alleged offense occurred at a time when she was not even in the country. After the third demand invoice had been received, Carla approached condo management with the proof that she had been out of the country that week and couldn’t possibly have been the offending parker.

With proof in hand Carla expected the ticket to be rescinded. Management did not recant. In fact management’s position was to confirm that she was indeed the owner of the named car and that the offense had indeed been committed. Her car was parked on that spot therefore she was responsible for any charges incurred by the violation.

This response upset Carla on a number of

By Lavonne McCumber Eals and BrucE Ally levels and she was determined to address it and obtain satisfaction. After all, she respects disabled parking as being designated for a good reason. Carla owns her own parking space which she paid for when she bought her own condo therefore why would she need to park elsewhere? Carla prided herself on being a conscientious and caring person and thus found herself embarrassed to be coming before a board of her peers to defend a violation that would make her appear socially inconsiderate.

The ticket carried a hefty fine of $450.

To Carla, it seemed that her property management company was getting carried away with their need to hold owners to the rules and even worse they were unwilling to acknowledge their mistake and were attempting to punish her for a crime she didn’t even commit.

Satisfying all interests What Carla found very insulting to the point it raised her ire was the position the property

management took. According to them, if the car had remained in the disabled spot they would have called in the police to re-ticket and tow the offending car. This would have resulted in additional costs to Carla. She had taken the time to notify them that she would be away and other people would be utilizing her condo so management were aware that she could not have been parked illegally. Carla developed a plan of action to deal with what she perceived to be an unjust situation.

She contacted the people she had swap p ed homes with and enquired about the ticket. T hey informed her that the first day they were there they had gone out and when they arrived home later that evening with her car the electronic key wouldn’t open the parking garage door. They had spoken with the superintendent who advised them to park in the visitors’ parking lot as there was a problem with the door that was being worked on.

The next morning on their way out, the problem had been fixed so they were able to drive the car from the visitors’ lot and park in her designated space the rest of their holidays. They had never seen a November 2009 25

legal ticket nor heard any comment about there being a ticket. They confirmed that had they received a ticket they would have dealt with the ticket or informed her. This served to further reinforce Carla’s belief in the injustice of the ticket.

Given that there was little proof that the offense had occurred Carla continued to refuse to pay the ticket. She was sufficiently upset to request time to have this matter heard by the board of directors at the next meeting. The board was unable to JermarkPIPE_Condo_Apr09.pdf 5/1/09 accommodate her until the following meeting

which unfortunately had to be cancelled due to an emergency. By now several months had elapsed since the issuance of the ticket.

She had received several warnings to pay and now the amounts had increased to include exorbitant interest charges. Carla now dug her heels in demanding that she have a fair hearing and her day in court.

Carla’s birthday was coming up and in order for her to renew her motor vehicle license she could not have any outstanding tickets and predicated on the fact that 4:00:12 PM property management did not consider the

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26 CONDOBUSINESS | www.condobusiness.ca

delay in addressing the issue at the board as relevant and had added the outstanding interests to her condo fees. Carla was in a real pickle in which she could potentially end up in default and lose her license and therefore she was doubly anxious to have her matter heard.

Finally the board heard her complaint but was reluctant to make a ruling on the matter. Instead they offered her the option of mediation which she agreed to. Mediation was scheduled between the property management, Carla and the officer who issued the ticket.

Each presented their understanding of the situation. The officer indicated there was a heavy snow storm that night and the parking garage door was not working which resulted in the visitors’ parking being full with cars. They issued tickets that night.

The property management indicated that the disabled parking sign, in fact, the whole fence and yard was covered with snow and in addition to this they acknowledged the problem in which frequent visitors removed tags off other peoples’ cars and placed it on their own in order to avoid getting a ticket themselves.

This also had the effect that the person to whom the ticket was issued would often not have received the ticket.

The board acknowledged and complained they had trouble getting the door fixed because parts had to be ordered in and it took most of the week to fix the problem. Based on these uncertainties, the fact that Carla had informed them of her absence and proved that she was away and as a symbol of goodwill the board decided to retract the ticket. Luckily for Carla, who now felt vindicated, her board was very forward thinking and advised her of the mediation option which is written into the agreements. Facilitating the dispute allowed for the parties to get beyond the initial interpersonal animosity they carried to begin to work toward a mutually agreeable solution. CB Lavonne McCumber Eals is a practicing mediator at A Place for Mediation, currently on the attorney general roster for mandatory mediation, specializing in condominium matters. Bruce Ally has been a mediator since 1985, his experience includes condominium matters. Bruce is also on the attorney general's roster and has his masters degree in law.

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Fashion House

28 CONDOBUSINESS | www.condobusiness.ca

condominiums Straight from the Canadian runways to Toronto condominium hallways,

Fashion House condominiums are looking to give the King West area a fresh face in condo living. King West Village is an energetic community that consists of townhouses, fashionable restaurants, trendy clubs and artist studios. It has undergone a makeover in recent years, which makes it one of the most attractive areas in Toronto in which to live and work.

By Rachel Selbie

Freed Developments designed the condominiums to be a lush addition to the downtown area. The project consists of two buildings with three hundred and thirty four units in total in King West and on Adelaide Street. The King West building wraps around a one hundred and sixty year old heritage building to be used as a retail store on the main level and the second and third floors will be office brick and beam spaces for lofts and residential use.

Peter Free d , P resid ent of Free d Developments, believes that the condos will make a great addition to the downtown hub, “I think it will bring cutting edge modern design complimented by a restored heritage building, it celebrates the past and also positions it strategically for the future all at the same time.” He wanted to “celebrate the fashion district where the condos are located and to celebrate Canadian designers,” says Freed.

King West is known for its trendy atmosphere; it is a neighbourhood in downtown Toronto that is set apart from the hustle and bustle of the heart of city. The Fashion House condos will use their location to further promote its city's fashion designers.

The designers will be using the hallways from the opening of the elevators on each floor to showcase their work.

There are eleven Canadian designers November 2009 29

legal

“

The Fashion House condos will

use their location to further promote its city's fashion designers.

Photo Credits: Renderings were designed

by DesignStor (www.designstor.com).

”

that are involved with Fashion House. The designers that are showcasing their work by utilizing a common area on their designated floor are: Andy The-Anh, Bustle, Jay Godfrey, Smythe, Mikhael Kale, Jeremy Laing, Joeffer Caoc, Dean Davidson, Jenny Bird, Greta FH Ju and Constantine and Beckerman.

On the Fashion House website, Canadian designer Dean Davidson, says he believes the Fashion House project is a “unique opportunity to put your name into a piece of real estate, to be part of this ground breaking project in north America, that’s never been done before.”

Fashion House will bring a great deal of attention to its designer occupants, Davidson feels as though it could lead to international recognition, “it’s great to see a project like this focus on Canadian designers that may receive international attention,” says Davidson.

Along with Freed Developments, Core

30 CONDOBUSINESS | www.condobusiness.ca

Architects Inc, Studio CK and GH3 Designs have combined their experience and expertise to create an innovative structure, interior design and landscape that is unlike any other existing condominium building thus far in Toronto. This space is designed to provide maximum exclusivity to its residents while giving an open and spacious feeling.

The designers spent most of their energy in the front foyers which are defined by a modern and relaxing mood. There is a Mobius strip chandelier with spherical sofas and the lobby walls are wrapped in red and white marble. The striking look is finished with black and white granite.

Other countries have combined fashion, design and architec ture b efore but the trend has yet to take off in Canada.

Fashion House may only be the start of a new trend in condominium architecture and fashion design in Canada. CB

November 2009 31

legal

Why disputes don’t get resolved When an owner has his or her heart

improvement or upgrade

set on some

to the condo unit or exclusive use area, and the board is opposed, a thorny conflict often erupts. Examples are endless: new hardwood floors, a colourful sun shade on the balcony, hot tub, the colour of the garage or front door or an unsightly satellite dish. The owner often feels that the board is being completely unreasonable and stubborn – and the board usually feels the same way about the owner.

If the dispute can’t be resolved, then any formal process to settle the matter, in most jurisdictions, must first be submitted to mediation under the mandator y provisions of the Condominium Act. And if the mediation fails, then the parties are looking at an expensive arbitration process.

This article examines why disputes and mediations concerning unit upgrades and improvements fail, and what management or the board can do to avoid a costly and time-consuming arbitration.

At the outset, there is one bit of wisdom that is critical to keep in mind. The best way to break an impasse or standoff at any dispute resolution forum, like a mediation, is to prevent one from happening in the first place. In other words, it’s what the parties do before they get to the mediation, or engage in hard negotiations, that will avoid a stalemate and a failed process.

First and foremost, one of the most common reasons why mediations fail is because there is insufficient information brought to the mediation about what the unit owner intends to do. This may range from the need to provide specifications for soundproofing barriers for floors to waterproofing concerns when drilling into

By Jeff Morris exterior common areas. If management or board members do not feel that the unit owner has done adequate homework, or provided enough detail concerning the impact of the changes, then the dispute usually can’t be resolved.

Therefore, before the parties attend the mediation, both sides need to discuss and outline what information must be brought to the mediation or be provided in advance. For example, when a building system or envelope is being modified from its original construction or design, a professional opinion may be needed in advance from an engineer, architect, plumber or electrician. This is especially important if any of the proposed changes affect or could void warranties that exist for part of the building structure, like the roof or mechanical systems.

Second, it’s critical to have the right people attend the mediation.

The most obvious consideration is to choose a mediator who has a background in condo law or management and who has

strong interpersonal communication skills.

Some mediators are just adept at settling money disputes and don’t have the broader skills to resolve the dispute.

Next, the parties should determine whether experts need to attend the mediation, like the owner’s contractor or the building’s engineer, to answer technical questions or suggest alternative solutions to concerns raised by management or the board.

It is equally important to have the requisite decision-makers at the mediation who have the authority to settle and resolve the dispute. For example, if the owner’s spouse is not at the mediation because he or she “has to work,” then can a unilateral decision be made by the spouse who is attending? In other words, do they need the other partner’s “buy-in” before a compromise is reached? From my experience, it is usually very helpful for the unit owner to have some moral support at the mediation, whether it is from a family member or a lawyer.

It is also just as critical for the Condo Corporation to send the appropriate decision-makers to the mediation. It can be frustrating for the condo owner and November 2009 33

Legal

“

Both sides need to

discuss and outline what information must be brought to the mediation.

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the owner’s lawyer to see the building manager, and not a board member or officer, at the mediation, or to hear at the end of the mediation something like, “we can’t commit because we need to get the board’s approval.” If a key decision-maker can’t attend, then that person should be available by phone during the mediation, should additional authorization be required.

Generally, it’s sensible to give those officers or managers in attendance the authority to bind the Corporation within the permitted scope of the declaration, by-laws and rules.

At the same time, a number’s imbalance at the mediation must be considered, so that the owner does not feel “ganged up on” if the board and management are in full attendance. The mediator should structure the mediation to address this, like setting rules around who speaks and for how long.

It may also make sense, for example, for the board to nominate one main spokesperson at the mediation.

Lastly, in order to prevent an impasse and a failed mediation, it is very important to spend adequate time and attention at the beginning of the mediation talking about the unit owners’ lifestyle and aesthetic needs that brought about the requested changes and improvements. Similarly, the owner needs to hear and understand the board’s feelings about the impact of the changes on the lives of other residents or the aesthetic concerns of the proposed alterations. This means not allowing the lawyers at the mediation to do all the talking, but rather encouraging the condo owner and board members to speak openly and honestly.

It is a mistake to rush into a discussion about technical problems or the cost of the proposed improvements or changes. This is not what the dispute is really about. It is the underlying needs and interests of the unit owner or the board that must be first understood. Group brainstorming about technical solutions or options to satisfy those interests or needs is important, but should follow only after both sides of the dispute feel heard and understood.

In most mediated condo cases concerning unit alterations, with adequate preparation and information, the attendance by the right people and understanding the interests and needs of everyone, the dispute should be resolved to the satisfaction of the owner and corporation. CB

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Donâ&#x20AC;&#x2122;t slip up in the winter

By Diane Marangoly

Practicing your due diligence in the winter months to prevent

slip-

and-fall incidents can be very difficult - trying to demonstrate environmental consciousness at the same time can seem a more daunting task. From having to clear the parking lot, shovel walkways or even attempt death-defying missions to de-ice the steps, there is more to consider than the potential liabilities and lawsuits around every icy-corner.

November 2009 37

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Being mindful of the potential impact of snow and ice removal methods on vegetation, animals and water resources and opting for more eco-friendly options can further exhibit your environmental resp onsibilit y. S ome chemic als c an degrade concrete, metals and other materials – of ten also harming the environment. Today, there are a number of greener choices that can help leverage sustainable efforts.

Traditionally, sodium chloride, calcium chloride and potassium chloride among other salts and substances have been used to remove snow and ice and/or improve traction. A safer alternative to m elt ic e is c al c ium m a g ne siu m acetate (C M A ). C M A is made from dolomite limestone and acetic acid, which is commonly known as vinegar.

While CMA does not overcome all the undesirable characteristics of salt, it is still an effective deicer and is frequently used because it has less potential to affect the environment and is not as corrosive. Sand can also be used to improve traction, however, it should be used sparingly as it can lower the efficiency of storm drains and potentially damage interiors.

There are a variety of products on the market that are made from natural and/ or environmentally safer ingredients.

Icenator Green is an all - natural non chloride containing co - product of the grain industry that is biodegradable and can be used for pre- and post- treatment.

Ice Clear is 100 per cent organic and made up of potassium carboxaylates, carbohydrates and a corrosive inhibitor, designed to actually prevent ice formation and accumulation. Another product to look out for is EcoTraction, which is a green- coloured, all-natural volcanic mineral void of salt, chlorides,

11/20/07 2:49:14 PM

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chemicals, or dyes. With a lower spread rate and ice embedding power, it also tracks less than sand or salt. Similar products also worth considering include Cryotech, BlueHeat and Ice Ban. Electric or hybrid snow blowers and throwers lower environmental impact, and can greatly reduce gas emissions.

H o n d a of fe r s t h e H S M15 9 0 i sn ow t h ro w e r t h a t c o m b i n e s a g e n e r a l purpose engine with a hybrid system, and an electronically- controlled snow throwing mode select function for ease of operation â&#x20AC;&#x201C; ideal for even novice operators. Toro offers a range of electric snow blowers, including the Power Shovel, which is ideal for steps and walkways and quick snow removal jobs.

Of course, if you hire a snow removal ser vice, you may want to look into how eco - conscious their methods are from de-icing chemicals to the type of equipment they use.

For some, it would seem simpler to place a dome over ever ything before w i nte r h i t s . A l t h o u g h p l a u s i b l e, i t is neither practic al nor eco -friendly - but snow fences can serve as a fair compromise. Used to keep snow from being blown into drif ts, heightened fences c an lessen the formation of compacted snow, reduce the need for chemic als and potentially cut snow removal costs. Outlining clear boundaries could also bode well as a safety measure for some patrons, making the benefits two-fold.

The most advanced snow - removal method of all, however, is a hydronic heating system. Uponor offers snow and ice melt systems that circulate a warm water/glycol fluid mixture through durable Uponor PEX tubing buried within the sur face assembly. T he warmth from the fluid heats the surface to a temperature that melts snow and ice on contact. Available in both manual control with a simple on/off switch or automatic programmable control that activates when snow or ice is detected, these systems couple convenience with energy efficiency. Also compatible with alternative heat sources such as biomass, geothermal or waste heat from within a structure, hydronic heating systems further enhance sustainable efforts by extending the life of sidewalks,

driveways, and/or other applied areas, as cost-effective with added health benefits they reduce freeze/thaw cycles. from exercise.

Last but not least, some good, oldIn this day and age, standard of care fashioned shoveling and a little elbow entails more than just legal obligations, g re ase c an d o the j o b. Erg o n o mi c but also environmental responsibility. shovels and ice chippers are highly Practicing your duty of â&#x20AC;&#x153;eco - careâ&#x20AC;? is recommended if you take this route. made simple with the numerous snow Recently available on the market is the and ice removal options available. Now, Sno Wovel, which is a wheeled snow the only question left is which one will shovel designed to reduce the physical you choose? CB JermarkHRISE_Condo_Apr09.pdf 5/1/09 4:17:41 PM strain of shoveling. Easily achieving a zero-carbon footprint, this option is also

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Saving H20 makes dollars and sense

By Donna Church

The need to conserve water

a well-established

is

and generally accepted

reality among Canadians. It may seem more

evident to some of us than others, but according to Statistics Canada the shift towards water conserving behaviours is real. More Canadian households are using water-conserving devices and report that environmental issues influence their consumption habits and purchases.

Management

Although most of us understand the value and scarcit y of water, we still believe that conservation must be easy.

A nd why shouldn’t it? Homeowners seek out simple, effective and, above a l l e l s e , a f fo r d a b l e s o l u t i o n s t h a t make water conservation a way of life – not a compromise or a challenge.

A d vancements being made b oth at the whole home and individual product levels mean that there is no shortage of

choice, allowing individuals to choose the conser vation options that most realistically fit their lifestyle and fulfill their household’s needs.

W hen it comes to new condo developments, conservation is a major opportunity. Advancements in plumbing technology deliver water savings without compromising performance or design – and they save money in the long run. In short, a building that boasts smart, efficient

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42 CONDOBUSINESS | www.condobusiness.ca

plumbing – especially when combined with other environmentally intelligent design features – is highly marketable. Although upgrading older buildings is a tougher sell, the opportunity presented is just as valuable.

The property manager’s dilemma Despite the plethora of options and innovations, proper ty managers have a tough job. Tasked with fulfilling the needs of distinct stakeholders, upholding regulations and operating profitably in the long and short term – all while making the condominium an attractive place to invest and live – successful property managers are also expert jugglers.

Let’s consider a best-case scenario.

Perhaps the condo board or most of the tenants in the building understand the importance and value of conservation.

You have their full suppor t to spend what’s needed to make your building as efficient as possible. This is of course the exception, not the rule. Regardless of how much your stakeholders value the principle of conservation, one thing will almost always take precedence when it comes time to commit: cost. No matter how impressive the latest water saving invention or product innovations are, immediate cost followed by longterm value will almost always be the deciding factors.

It ’s tr ue that a sm all p erc ent a g e of the p opulation will be willing to m ake c h an g es an d invest in water conservation out of sheer passion and personal belief in the cause. However, fo r the vast m ajo r it y, the fin an c i al benefits of conservation are the most attractive result.

Pleasing both groups is possible.

Talk to people in terms they value.

Property managers whose stakeholders haven’t yet adopted the belief that water conservation is an important and valuable goal can make the financial case for water conservation.

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Online water calculators allow you to gain a quick sense of your building’s water usage. You already know how much water you’re using today, so if you’re considering upgrading all of your toilets to 1.0 GPF models, for example, you can enter some basic details about your tenants (nu m b e r an d e s tim ate d b re akd ow n between male and female) to arrive at an estimate of post-upgrade water use.

Nothing is more impact ful than the b ot tom line, hence the s aying.

Understanding and communicating the financial value of conservation to your many audiences is simplified by plumbing manufacturers like Kohler Co. Our team of engineers works with sales executives, using a proprietar y calculation tool, to generate a detailed ICC_Smr2009_paths.pdf 3/11/09 3:25:40 PM analysis of your building that includes potential ROI. To c re a te a c u s to m ize d a n a l y s i s of your building, our team considers a w id e var iet y of fac tors inc luding basics like the number of suites and tenants and the average local cost of

water, electricity and natural gas. More complex factors like the efficiency of the building’s water heating system and the incoming water temperature vs. required temperature for use play an important role in the analysis.

O n c e t h e re l ev a nt c a te g o r i e s of information have been identified and in p u t , o ur te a m p rov i d e s yo u w i th p otential water and energ y savings and a p ay b a ck p er io d . A r me d w ith ver y specific information about how much the upgrade will cost and, more im p o r t a ntl y, w h e n i t ’ ll b e p ai d of f and begin paying you in cost savings, proving the value of a plumbing upgrade is simple.

Let’s look at a hypothetical condo for a sense of the potential savings. Take an existing building with 100 units and two occupants per suite. Assume that each suite has one toilet, showerhead, lavatory faucet and kitchen faucet – all of them older, inefficient models. Based on average US water and natural gas rates, the product cost of a complete

retrofit would be paid back in less than two years. Once this period is up, the building would begin saving more than US$14,000 in water and energy costs every year. Not to mention the near 1.5 million gallons of water saved.

Taking the plunge Regardless of the dominant stance on water conservation you’re working with or up against, demonstrating the ROI of choosing or upgrading to intelligent plumbing products is a power ful approach. In your next discussion about improving your building, talk a lit tle green to make an impact. CB To learn more about what upgrading your building will cost and how Kohler Co. can help, please contact Donna at d o nn a.c hu rc h@ko hler.c o m. To le arn more about Kohler’s water conserving pro ducts, please visit: w w w.kohler. ca/savewater. To find an online water use calculator, visit: http://kohler.ca/ savewater/calculators/commercial.htm.

6

November 2009 43

Management

When disaster strikes

By Steve Sobel

Condominium owners know all too well that unexpected disasters can come in many

forms, including floods, wind damage, fire and vandalism.

When damage is extensive, the reflex reaction is to pick up the phone and call the insurance company. But filing an insurance claim and negotiating with your insurance company is a difficult and sometimes overwhelming task, especially when there are immediate repairs to be made and unit owners to placate.

Settling a claim is all too often a Davidand-Goliath showdown that has the odds stacked in favour of the insurance company, leaving policyholders short-changed. It’s an unfortunate situation caused by lack of insurance-specific knowledge, which is hardly surprising: how is the average condominium manager supposed to know how to successfully navigate policy fine print or perfectly submit a claim? As a result, claimants end up leaving hundreds, thousands or even millions of dollars – money that they have every right to collect – on the table.

Enter the public adjuster A public insurance adjuster’s job is to fight for the rights of policyholders – to make sure they get what they’re entitled to from their insurance companies.

There are three classes of insurance claims adjusters: staff adjusters who work for insurance companies, independent adjusters who work on behalf of insurance companies and public adjusters, who are employed by policyholders. Many public adjusters are former insurance company employees who know all the ins and outs of claims processes and have decided, for whatever reason, that they prefer helping the little guy.

Steve Sobel – a Toronto, Ontario-based public adjuster and industry guru – is one such individual. After many years spent representing major insurance companies, Sobel now works on behalf of individuals and businesses across North America that have experienced thefts, fire, flood, hurricane damage, business interruption and other forms of disaster. For Sobel, making the switch was a matter of personal fulfillment.

“I knew that by switching roles within the industry, my career would become more fulfilling,” he says. “I enjoy assisting property and business owners with their claims and seeing them receive what they’re rightfully entitled to from their insurance companies.”

Advice for condo owners Sobel has some specific advice to help condominium proper ty managers get the full settlement they are entitled to in the unfortunate event of a disaster. The first piece of advice concerns inadequate insurance.

Condo units are often only insured for their original value – basically what they were worth on the architect’s drafting board. This original value does not take into account any remodeling or upgrades such

44 CONDOBUSINESS | www.condobusiness.ca

as lobby renovations, new flooring, window retrofits, landscaping, paving and more.

The same thing goes for the individual unit holder: expensive patio doors and exotic wood floors may not have formed part of their unit at time of purchase.

The gap between actual insurance coverage and value after upgrades on the unit holder’s policy can be substantial, so when a claim is made owners can be left frustrated at the shortfall.

To guard against this happening, Sobel recommends that condominium boards review their policies regularly, as well as performing mandatory reviews of individual unit owner policies to ensure that they are up-to-date and account for upgrades and renovations. By taking the time to both review and update unit owner policies as required, the condominium ownership effectively guards against a the potential of a major financial hit in the event that they have to pick up some of the repair and/or demolition costs.

Another challenge involves disputes between insurance companies when there is ambiguity regarding who is responsible for the claim. A prolonged standoff between companies representing the condominium manager and the unit owner is expensive.

In addition, the damage simply doesn’t

management get fixed on time and all parties become frustrated in the process. In order to solve these disputes quickly, Sobel recommends involving a seasoned public insurance adjuster familiar with the finer points of such disputes. They can often be quickly resolved through mediation, allowing ownership of the claim to be assigned and damages to the condominium repaired.

A public adjuster, engaged early in the process, stands a better chance of helping the policyholder receive a fair settlement for all losses covered under their policy. Public insurance adjusters are experienced with policy coverage assessment, documentation, presentation and negotiation of claims.

They also know when to employ subject matter experts like architects, engineers and accountants in order to provide sufficient back-up evidence.

Improve your chances In the unfortunate event that disaster strikes your building, Sobel recommends enlisting the help of a seasoned public insurance adjuster who can help manage the claims process. Here’s why: shortly after an insurance company receives notice of a loss, a staff or independent adjuster representing the insurance company’s interests will visit the policyholder to gather facts about how the loss occurred, its magnitude and the possibilit y of subrogation – meaning that wrongdoers may be sued to recover some of the cost of damages. Incomplete or inadequate answers to the adjuster's questions can lead to a lower claim amount. Sobel likens it to asking Revenue Canada to help you prepare your taxes.

Footing the bill How much does it all cost? Most public adjusters charge a percentage of the settlement on a sliding scale. You might pay ten per cent on the first hundred thousand

dollars, eight per cent on the next, and so on. Because the job of a public adjuster is to represent individual policyholders – in this case the building owner – when claims arise, doing so will ensure that you receive the settlement you deserve on your property when disaster strikes. CB

Steve Sobel CIP, RPA, CFEI, ORMP is a Toronto-based public insurance adjuster and former President of the Ontario Insurance Adjusters Association. He assists clients across North America in getting what they deserve from their insurance companies.

For more information, call Steve at 416 975 1991, e-mail ssobel@mac.com or visit his website at: www.publicadjuster.ca.

A public adjuster's main responsibilities • Evalu ate insu r a n c e p o li c ie s to determine what damage is covered • Make recommendations for policy improvement in the case of future losses

• Detail and substantiate damage to buildings and contents • Determine values for settling damages • Negotiate a settlement with insurance companies on behalf of the insured

THE LEADER IN CONDOMINIUM MANAGEMENT! ®

PROPERTY MANAGEMENT INC. Our experienced, professional Condominium Management Resource Team will protect your investment and enhance your lifestyle. ®

Delivers t Integrity t Performance t Innovation t We invite you to join our many satisfied clients.

For more information, please contact us at:

416-661-3151 E-mail: info@delcondo.com Facsimile: 416-661-8653 4800 Dufferin Street, Toronto M3H 5S9 Visit our Website: www.delpropertymanagement.com Winner of the Real Estate Management Industry’s Award as the Premier Condominium Organization in Canada.

Selected Corporate Member of the Year By The Association of Condominium Managers of Ontario.

November 2009 45

SMART IDEAS

Get set for winter

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Make sure the condominium grounds are prepared for the damaging effects of the cold, snow and ice.

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Rake up fallen leaves and pull weeds before mowing the lawn for the last time.

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Check the condition of walkways, steps and driveways for small holes and cracks. These should be repaired to prevent water from penetrating and freezing, resulting in larger cracks and larger problems in the future.

Cover containers that will remain outdoors to prevent them from filling with water, freezing, and cracking. Clean terracotta pots and concrete containers and store them to protect them from the elements.

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Before the ground freezes, water evergreens deeply and spray them with antidesiccants if they are planted in exposed, windy areas.

46 CONDOBUSINESS | www.condobusiness.ca

Cut down and remove the annuals and cut back faded or dead foliage on perennials after the first hard frost.

After the ground freezes, mulch perennials, evergreens, and newly planted trees; if necessary, protect them with burlap screens to minimize heaving, desiccation, scalding from intense sun and other winter damage.

S W VE NE NTI CE IN Better Buildings Partnership - Multifamily Buildings Incentive Better Buildings Partnership - Multifamily Buildings Incentive offers assistance tailored to the needs of multi-residential building owners and property managers in the 416 area code to support energy projects that reduce energy operating costs and environmental footprint.

Current Incentives for Multifamily Buildings: The Multifamily Buildings Incentive offers condominiums and multi-unit apartments in the private and social housing sector attractive financial incentives for any projects taken on since July 2006: $400 per kW of peak demand reduction or $0.05 per kWh annual energy reduction *Incentive payments are limited to 40% of total eligible costs.

You Can Benefit From Participation in BBP t

Verifies and ensures accuracy of energy and cost savings through timely evaluation of projects

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Financially rewards your efforts that can facilitate further projects

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Provides liaising assistance with energy management consultants

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Helps your organization achieve environmental and sustainability commitments to investors and other stakeholders

Contact Us For More Information: Social Housing Sector: Natalie D. Maniates E-mail: nmaniat@toronto.ca Phone: 416-397-9217

Privately Owned Buildings and Condominiums: Tom Chessman E-mail: tchessm@toronto.ca Phone: 416-392-1501