CondoBusiness Spring 2023

TRACKING TORNADOES

New data reveals the future impacts on homeowners

PART OF THE

+Mortgage fraud, tenants in condos, private terrace renos, and spring maintenance

PART OF THE

c o n d o m i n i u m

R e f u r b i s h m e n t

P A C B u i l d i n g G r o u p i s a f u l l - s e r v i c e G e n e r a l C o n t r a c t i n g f i r m s e r v i c i n g S o u t h e r n O n t a r i o , O t t a w a a n d M o n t r é a l r e g i o n s .

W e d e l i v e r c o m p r e h e n s i v e b u i l d i n g s o l u t i o n s f o r a l l p r o j e c t t y p e s . W e p a r t n e r w i t h o u r c l i e n t s t o u n d e r s t a n d t h e i r g o a l s a n d i n t e r p r e t t h e i r v i s i o n , b u i l d i n g s p a c e s t h a t a r e d i s t i n c t l y s u i t e d f o r e a c h e n v i r o n m e n t . T h r o u g h o n e c o n t r a c t a n d o n e p o i n t o f r e s p o n s i b i l i t y , w e o u t p a c e t r a d i t i o n a l e x p e c t a t i o n s .

TRIVEST WILL MANAGE ALL THE DETAILS OF YOUR CONDOMINIUM BUILDING

CUSTOMER SERVICE Make sure condo owners feel heard and supported in their living community.

Storm Chasers

Tornadoes have

conjured

mysticism—twisty dark clouds in Kansas that sweep you to the Land of Oz. In reality, they happen in Canada more than we know. In part, because there is much more research and awareness into their whereabouts. A new project out of Western University is setting out to document every tornado that touches down in Canada. Last year, researchers found 117. They also believe urban sprawl will increase the likelihood of people experiencing one. We delve into that in a feature detailing what scientists have found, how this is impacting communities, and why we need to build better.

For this issue, we focus on spring maintenance, with articles on water safety (for condos with pools and lakeside locations), HVAC maintenance (why it needs more love at condo meetings), and thinking about wind attenuation when designing and renovating private terraces.

One topic that’s churned up some scary news stories is title and mortgage fraud. If you are wondering how to prevent this, check out page 26 for tips. And there is lots more in our spring issue!

Wishing you all the best,

Rebecca Melnyk Editor, CondoBusiness rebeccam@mediaedge.ca

Associate Publisher Bryan Chong

Editor Rebecca Melnyk

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Barbara Carss, Stephen Chesney, Chris Dewar, Kent Ford, Ellad Gersh, Todd Hofley, Val Khomenko, Daniel Loosemore,Thomas Noël, Jason Reid, Ashley Winberg

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always

a sense of

VITAL PLAN

Add this important emergency response document to the spring maintenance checklist

BY DANIEL LOOSEMORE

As spring temperatures arrive and snow and ice finally recede, condominium managers often face property maintenance issues that arise or were neglected during the winter months.

A

Inaddition to the regular maintenance tasks required to transition your building from winter to spring, this is also an ideal time to review and update your condo’s emergency response plan (ERP). An annual review guarantees your plan remains relevant and capable of responding to potential seasonal changing emergencies. Adding an ERP review to your spring checklist will also help your condo be prepared for possible extreme weather episodes.

Building disaster resilience includes developing strong emergency response planning at the community level. The annual review of your condominium ERP prioritizes emergency preparedness and promotes the well-being and safety of building occupants.

The goal of your ERP is to avoid or minimize personal loss, extensive damage, disruption of day-to-day living, and the costs of recovery and restoration in the event of an emergency or disaster. An effective plan for emergency

response anticipates risks as well as the implementation of appropriate actions before harmful incidents should occur.

Identify, review and verify Three fundamental observances—identify, review and verify—serve to establish the process for effective emergency

preparedness, and to provide the best possible prognosis for an efficient emergency response. Regular auditing serves to fortify the compliancy and capability of the plan.

Modern condominium infrastructures are sophisticated and typically involve intricate networks of technology and human

resources. An annual ERP review must analyze fluctuating risks on a variety of fronts, and address operational logistics, which are often interdependent.

Securing pre-approved recovery response plans with outside contractors and restoration specialists is critical to reinforcing the practicality and efficiency of ERPs. Improvising or implementing unplanned response actions for out-of-date scenarios can result in inadequate or potentially damaging outcomes.

Emergency response plans also need to be updated annually for accuracy, and to ensure preparedness and effective response measures are adapted to changing variables.

Reviews should include, but are not limited to:

Communication: Verify clear and effective communication channels will remain available to disseminate critical information to all occupants and stakeholders. Re-evaluate current communication and notification systems.

Notification lists: Review contact information lists to update and verify accuracy of email addresses and/or phone numbers, and check that information for new occupants and personnel is included.

Data and computer requirements: Review protocol for computer backups, data restoration and what procedures are necessary to re-establish critical business processes.

Supply chain: In the event primary suppliers are not available, identify and establish connections for alternate resources to assure the availability and delivery of services and supplies necessary to sustain critical building operations.

Equipment needs: Verify availability of necessary equipment and establish processes for continued operations in the event of emergency shutdowns.

Reviews should also include updated information for all collaborative response entities, including but not limited to:

Emergency responders: fire, police, paramedic, etc.

Community organizations: Canadian Red Cross, Salvation Army, weather services, etc. Government agencies: Emergency response and management resources.

Utility companies: gas, electric, telephone, etc.

Contracted emergency responders: such as a disaster restoration company

As part of the ERP review, consider implementing new technology, such as webbased response planning systems. Managers responsible for multiple buildings may also wish to create systematic templates for ERP policies, procedures and practices. These could incorporate detailed and site-specific data necessary for effective emergency response.

Emergency preparedness is a year-round responsibility, and having an up-to-date and efficient response plan in place is essential. Adding the ERP review to your spring maintenance checklist will enhance the emergency preparedness and safety plans for your condominium, and provide security and peace of mind for all concerned. 1

Daniel Loosemore is chief of sales and operations at ServiceMaster Restore Canada. He and his team support over 70 franchises, delivering emergency disaster restoration services from coast to coast. ServiceMasterRestore.ca

WINDOW OF OPPORTUNITY

Ambitious government plan makes home retrofits more cost-effective and climate-friendly

Residential and commercial buildings reportedly account for 17 per cent of Canada’s total greenhouse gas emissions. In low-rise homes, including condos, up to 35 per cent of heated air can be lost through the windows during the heating season, contributing to higher costs for owners and unsustainable energy consumption.

Some windows are better at keeping heat within a home, especially as their technology significantly improves. According to a report from Natural Resources Canada (NRCan), broadly deploying the best

innovations would reduce total home energy use by 9 per cent and GHG emissions by more than 5 megatonnes.

For instance, windows with the Energy Star Most Efficient 2023 designation (ER of ≥40 with

BY THOMAS NOËL

U-Factor of ≤ 1.05 (0.18) are now considered to be the best rated windows. They are made from cellular PVC, such as RevoCell windows, which have the highest energy rating for residential windows in Canada.

Why does this matter?

The Canadian government launched an ambitious plan called the Canada Greener Homes Grant in May of 2021 for primary homeowners in the amount of a $5,000 grant to retrofit existing homes.

By replacing, for example, old windows with more energy efficient windows, homeowners are able to save money on heating costs while lowering GHG emissions, which will help permit Canada to reach its climate objectives as laid out in the Paris Agreement in 2015.

Since Canada’s emissions trajectory for GHG emissions is projected to be 742Mt in 2030 and Canada’s target is 523 Mt6, the federal government decided to expedite things and has expanded the eligibility of the grant for different types of homes for Ontarians exclusively.

In January of 2023, NRCan formed a joint venture with Enbridge Gas and is now offering grants of up to $10,000 in Ontario called the Home Efficiency Rebate Plus (HER+) program.

Climate Change Prognosis

The newest report from the Intergovernmental Panel on Climate Change, released on March 20, warns that the global average temperature increase is expected to reach 1.5 C during the first half of the 2030s. Every region across the Earth is already on track to face increased climate hazards for the near term, defined as the period until 2040.

Maintaining this threshold, as nations committed to in the 2015 Paris Accord, is becoming even more challenging with the ongoing rise of greenhouse gas emissions.

The synthesis report braids together major findings on the state of climate change from the IPCC’s sixth assessment cycle. By 2030, emissions will need to be slashed by nearly half as every increment of global warming, from 1.5 C and higher at 2 C, will escalate hazards. Contributors to the report say efforts now require “deep, rapid and sustained greenhouse gas emissions reductions in all sectors,” including climate resilient development that integrates adaptation and mitigation across the world scale.

Eligible types of dwellings under the HER+ program

• Single and semi-detached homes

• Row housing

• Townhomes

• Low-rise multi-unit residential buildings (MURBs) which are three storeys or less with a footprint not exceeding 600 m2.

Homes that do not qualify for the program

• Homes that are not the owners' primary residence and do not have an active Enbridge Gas account

• MURBs with more than 3 storeys or larger than 600m2

• Cooperatives

• Homes built less than 6 months ago

• Mixed use buildings that are less than 50 per cent residential.

To be eligible for the HER+ $10,000 grant for energy retrofits, the home must be located in Ontario and heated with natural gas provided by Enbridge Gas. This is also applicable to rental properties; hence property managers should take note of this new program.

For example, an owner who has five townhouses in Ontario, all heated with natural gas provided by Enbridge Gas, can be eligible for the $10,000 grant for each townhouse. Each townhouse requires an individual gas meter to be eligible.

Where to start?

Contact a registered energy advisor to schedule a pre-retrofit energy assessment to see if the home/townhouse/MURBs is eligible for the HER+ grant ($10,000) or the

Greener Homes grant ($5,000 for primary home owners that do not heat their homes with Enbridge Gas). Most reputable window and door companies that have energy efficient windows work hand in hand with credible energy advisors, whom they can recommend to the owner or property manager. The energy advisor will submit all the paperwork on their behalf. Once the work is completed, a post-retrofit EnerGuide evaluation is required. The rebate cheque can take approximately 16 weeks after the registered Energy advisor has summited the post-retrofit EnerGuide evaluation to HER+ portal.

The HER+ grants offer up to $325 per window opening if the old window is replaced with an Energy Star Most Efficient certified (ER of ≥40 with U-Factor of ≤ 1.05 (0.18) window registered on the NRCan website. The window needs to be made in Canada to be eligible for the grant and be certified as Energy Star Most Efficient to get the maximum amount of money.

Once the condo board is informed of grant opportunities, a property manager can help guide cost savings, while reducing GHG emissions in your building. 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.

THE PATH TO

Ontario’s Energy and Water Reporting and Benchmarking (EWRB) program was created to track energy and water usage in large, privatelyowned buildings. Launched in 2018, the ultimate goal of the program is to show building owners and facility operators how their commercial property’s consumption compares to other similar-sized buildings using local data as a benchmarking tool.

New this year, annual reporting is required for any building with a total gross square footage of 50,000 or more, including multi-residential high-rises, low-rises, and large townhome complexes. According to Justin Tudor, President at Keller Engineering, a good rule of thumb is that if your building has more than 50 units, you will need to report your water and energy consumption by July 1, 2023.

Now’s the time to plan ahead to the July 1 deadline

COMPLIANCE EWRB

“As the winter turns to spring, it’s the right time to start thinking ahead to the upcoming deadline,” he advises. “Being EWRB compliant means taking certain steps to ensure your data is accurate and submitted on time—in other words, you don’t want to leave it to the last minute.”

THE BENEFITS OF COMPLIANCE

While time-consuming and detail oriented, Tudor says EWRB compliance brings a host of benefits that make the additional work well worth it.

“Expect to see improved building e ciencies and utility savings,” he says. “Also, depending on your provider, you will also have access to all that compiled data from your region, which will better inform future decisions like which system adjustments to make and what operational best practices to adopt.”

While some building owners and condominium corporations may choose to self-report their findings by appointing a Board or sta member to the task, others may prefer to outsource the responsibility to an accredited third party. Either way, the regulations do require independent verification of data by a qualified party in the first year of reporting and every five years thereafter.

HOW TO REPORT

Becoming EWRB compliant is a three-step process:

Collect your building(s) data

Review data for accuracy

Submit data before the July 1 deadline through your Energy Star Portfolio Manager account

The information needed to complete the EWRB report includes details about the building’s location and ownership, gross floor area, use type, EWRB ID number, and energy and water usage data for the required period. (Your EWRB number should be provided in advance through the Ministry of Energy, otherwise it may be obtained by emailing EWRBSupport@ontario.ca.)

For the first year, and every five years thereafter, an accredited body or qualified professional must verify your data before it is submitted.

OUTSOURCING TO A QUALIFIED SERVICE PROVIDER

Busy property managers may take comfort in knowing they are permitted to seek assistance from a qualified service provider to ensure their report is submitted correctly. In addition to o ering end-to-end management of data collection, verification, and reporting, the certified professionals at Keller Engineering also o er an in-depth analysis of how your building’s energy and water use compares to its neighbours.

Aren’t happy with your results from a previous EWRB report? Or, looking for some analysis on the data you submitted? Don’t worry— Keller has you covered there too: “We can help build a plan to address all your building’s concerns,” Tudor says. “Just give us a call if you have any questions.”

For more information, visit www.kellerengineering.com

SHINING A SPOTLIGHT ON HVAC

Within a typical mid- to high-rise residential building, HVAC systems account for 70 per cent of total energy spend. While the rising gas and energy spent is often in the limelight during board meetings, a proper review of the existing maintenance program rarely takes centre stage.

BY CHRIS DEWAR AND VAL KHOMENKO

Seldom are condo boards and management companies made up of HVAC experts. In this case, how can managers properly engage the board to proactively look at their maintenance provider for ways they can reduce their energy consumption, defer their capital costs, and ensure their equipment is running as intended? Short answer: it’s time to make HVAC great again.

Look to industry standards Repairs and capital replacement are frequently discussed when the subject of HVAC maintenance is raised. It is assumed that regular maintenance activities are carried out routinely and repairs ensure when system parts are no longer viable. What does the actual maintenance entail?

ASHRAE (The American Society of Heating, Refrigerating and Air-Conditioning Engineering Standards), which is a body that governs the HVAC industry, creates best practices for the commercial and residential sectors on how to best maintain mechanical equipment. Ensure your maintenance contract, at the very least, encompasses these recommendations, such as:

Power washing of the condenser coil on cooling equipment, such as makeup air units with cooling, split systems and air cooled chillers: By doing this, you can reduce the energy spend of the equipment during the cooling seasons by 10 to 15 per cent, all while extending the life span.

Annual burner cleaning of boilers: Regardless of the efficiency of the boilers, the burners need to be cleaned annually to ensure they are operating at peak efficiency. This is often overlooked by contractors or an optional quote; however, guaranteeing this is part of your maintenance contract will ensure your boilers are working when in high demand, reduce gas consumption and extend the life of the equipment.

Filter change frequencies in makeup air and air handling units: Dirty filters in make-up air units cause the piece of equipment to work much harder to satisfy the demand in the building. As a result, the unit will draw up to 15 per cent energy to pressurize the hallways and

building. By changing filters on a proper scheduled frequency, be it monthly or quarterly, you can make sure the piece of equipment is working as intended. During construction, increasing the frequency of filter changes will prevent filters from plugging up and starving the unit of air.

Spare HVAC from cuts

With the rising costs of inflation in condominiums, boards are often looking at ways they can cut expenses and still maintain a high level of service from each contractor. Your HVAC contract should be an exception to this. What HVAC contractors do, or don’t do, during maintenance has a significant impact on the repairs, service calls and utilities consumed by mechanical equipment.

Your HVAC maintenance contractor is responsible for maintaining the equipment that impacts, in some cases, $100,000 worth of utilities and $1 million worth of assets. By understanding that maintenance contracts are simply an allotment of hours and materials, spending a bit more money on your maintenance agreement will in theory

mean that you are purchasing more hours to properly maintain these critical assets.

Ensuring your maintenance contract meets the recommendations of the major equipment’s manufacturer will safeguard the building from premature failure and higherthan-expected energy bills. Your chosen contractor should be factory-trained on these assets and help guide recommendations.

Planning an annual review meeting with the contractor’s operations team and property management will allow the team to have a true snapshot of where the building is today, and where the building should move towards in the following years. Looking at the data of service calls and repairs specific to each asset will help predict where smaller capital upgrades or replacements are needed, as HVAC equipment is often overlooked in reserve fund studies. Having this thorough review helps building managers come better prepared to any meetings with the chosen engineer and client.

Healthy HVAC, healthy residents

Indoor air quality is an important topic across the HVAC industry post global pandemic.

“A proper review of the existing maintenance program rarely takes centre

Think of the make-up air unit as the lungs of the building. Changing filters with proper frequency will ensure clean air. Filtered hallways also mean less time cleaning the grills of the vents in the corridors.

Legionella is also a big talking point in the industry. Confirming that your domestic hot water boilers are providing temperatures above 140 F to the storage tank and then mixed with cold water at the mixing valves will eliminate any chances for legionella growth in the storage tanks.

Often, mixing valves stop working and boiler output temperatures are turned down to below 135 F. As mixing valves are the responsibility of plumbers, and the boilers the responsibility of your HVAC provider,

choosing a contractor that can handle both tradelines will make sure you’re working towards a safe solution for the building and its equipment.

There is no room for error when it comes to HVAC systems and maintenance. Make this a focal point of discussion, perhaps with an out-of-the-box presentation to spice-up the topic into an interesting, forward thinking conversation. 1

Chris Dewar is the Director of Sales, Eastern Division at Naylor Building Partnerships. He is a passionate consultant and enjoys helping managers and boards make better decisions on how to manage their mechanical systems. Chris has been able

to properly advise, write and standardize mechanical maintenance agreements for some of the largest property management companies in Canada. Raising the bar for the HVAC industry is of the utmost importance for him. Chris has surrounded himself with experts at Naylor to make sure his team can successfully execute maintenance and projects on complex mechanical equipment.

Val Khomenko is a Regional Condominium Manager with ICON Property Management Ltd. based in Toronto, Ontario, providing condominium management services in the Greater Toronto Area. Val can be reached at val@iconpm.ca

stage.”

EXPLORING THE PSYCHOLOGY OF RESERVE FUND PLANNING

There’s a psychology to reserve fund planning. It’s a mindset I’ve seen take shape within the condo management community throughout the decades and an approach to proactive funding that will pose risks to our built environment that are better addressed now than later.

But first, some introductions. In 1992, my company, Morrison Financial Services Limited, advanced the first loan to a condominium corporation in Canada. From that point forward, I gained a “boots on the ground” perspective into how reserve fund studies were governed and perceived by the condo boards tasked with saving money for a rainy day. I had a theory back then which has proven true today; that most reserve funds were being chronically underfunded and, as a result, today fall short when needed the most.

I should preface this by saying these are my opinions. I do not have the financial data in front of me to back this claim. What I do have, though, is decades of experience providing financial solutions to condo management teams who find their reserve funds lacking when it comes time to pay for big-ticket repairs and renovations. Those years have left me with insights into why many reserve funds have been underfunded in the past and why the same issue exists today.

A SOCIAL PERCEPTION

When I refer to the “psychology” of reserve funding, what I mean is just that; the mindsets and perspectives that have informed reserve fund planning. Consider the fact that, in our culture, condominiums have largely been regarded as a transient mode of homeownership. As I view it, most condo owners love their unit but don’t consider it their final home. Instead, younger owners view condo ownership as a middle step towards owning a single-family house, while older individuals might perceive it as the next stop before a retirement residence, and investors hold on to units until they find the best time to sell. As a result, many owners aren’t too worried about the long-term health of their condo buildings. These same owners get elected to condo boards and determine how much money should go within a reserve fund. And as one might expect, they aren’t in a rush to increase their monthly payments or tighten their purse strings for building repairs or improvements they won’t be around to see.

BUT WHAT ABOUT THE CONDOMINIUM ACT?

It’s true the Condominium Act does include provisions for reserve fund planning that are meant to alleviate this issue. It’s also true that the Act has been amended

to ensure reserve fund studies are performed regularly to provide guidance on how much money condo corporations need to be saving in order to protect the health and safety of their building and residents.

These guidelines look good on paper but are not complete solutions. I argue that, despite best efforts, reserve fund studies are not an exact science and the amount they suggest doesn’t typically account for all the surprises down the road. I would also make the case that provisions put forth by the Condominium Act to enforce reserve fund planning, while well-intentioned, lack teeth regarding enforcement. At the end of the day, despite all the reports and best practices, reserve fund planning is still governed by a desire to keep condo fees low and avoid upsetting owners.

WHAT DOES THIS ALL MEAN?

Thirty years and countless loans later, my predictions that reserve funds are chronically underfunded are coming true. But so what?

Well, one result is that more and more condo corporations will find themselves faced with expensive work that their reserve funds simply cannot handle, triggering the need for a special assessment or a loan, neither of which is an ideal choice (and this, coming from a loan provider). In more extreme situations, I see vital repairs and renovations simply going undone, resulting in severe occupant safety issues and, in extreme cases, the wrecking ball.

As the issue becomes more common, I also see the democratic governance of condominium corporations being removed, at least on this issue. In its place, I predict we’ll see laws come in that give professional condo managers the ability to override this democratic procedure to ensure the right amount of money is going into reserve fund studies, whether residents agree or not.

AND YET, I’M OPTIMISTIC

I do not believe the chronic underfunding of reserve funds is any one person’s fault. It is the result of a psychology passed down from one generation of condo boards and owners to the next, and a mindset that current rules and regulations have not yet addressed to their fullest.

However, I believe that we can - and want to - do better. Part of me hopes that pride of ownership will prevail; that most condo owners and managers want their assets to be in good repair, even if it means a little extra each month. I also believe everyone in the community has a stake in this issue since the degradation of our urban landscape impacts us all.

After beginning his career as a lawyer, David founded Morrison Financial Services Limited in 1987 with a view to providing tailored asset-based financing to small and medium-sized businesses. In 1992, Morrison Financial Services Limited advanced the first loan to a condominium corporation in Canada and has been servicing the industry ever since. For more information, please visit www.morrisonfinancial.com.

NEW OVERSIGHT REGIME FOR ONTARIO’S ELEVATORS

BY BARBARA CARSS

Dubbed an “outcome-based” approach, it devotes the most resources to the issues that pose the greatest or most prevalent threat to the public, and pays the closest attention to owners/operators of elevating devices with the weakest safety records. The frequency of periodic inspections are already based on license holders’ risk profile, but the TSSA is now attaching a risk rating to the deficiencies inspectors may encounter.

The new compliance standards set out high-risk hazards and a stipulated period — from zero to 14 days — for correcting them. Less onerous inadequacies will be flagged as medium- or low-risk items that owners/ operators will be expected to address within 90 days, but there will be no follow-up inspection on the TSSA’s part.

“The compliance standard is a key tool in our transformation to become an outcome-

based regulator,” Sandra Cooke, the TSSA’s manager of legal compliance, observed during a recent webinar about the changes. “It helps owners and contractors and our inspectors focus on high risk. What we’re ideally hoping is that those things that are identified on the compliance standard will be dealt with long before TSSA shows up on a periodic inspection.”

A new oversight regime for Ontario’s elevators and escalators came into force on March 1, bringing shorter timelines for rectifying an extensive list of designated high-risk deficiencies and the potential for more shutdowns. For the regulator, the Technical Standards and Safety Authority (TSSA) of Ontario, the new compliance standards are another step in the evolution of an inspection and enforcement model that is grounded on a hierarchy of risk.

The compliance standards have been posted on the TSSA’s website since January 2022. They are embedded in inspection protocol and real-time reporting tools so that any findings of non-compliance will automatically be logged in the TSSA’s database and prompt a work order.

Some of the identified deficiencies could trigger an immediate shutdown of the elevator, or a bank of elevators. Many of these pertain to the condition of the brakes or hydraulic system, controller, governor, hoist way, landing and car doors. The remainder are tied to a 14-day schedule for repairs or replacement.

“We’ll be back on day 15 for a follow-up and if they’re not completed at that time, they (elevators) will be removed from service,” Roger Neate, the TSSA’s safety director for elevators and amusement devices, affirmed during the webinar. “These are the really serious safety elements that we as an industry have agreed on. We’re being transparent here: this is what they are; this is what everybody needs to be focusing on.”

The slate of high-risk deficiencies was developed from the TSSA’s historical data and with the aid of modelling software to forecast the likelihood of a failure and the potential safety repercussions associated with each non-compliance scenario. Elevating device manufacturers, engineers, technicians and building owners/managers were also asked for input.

Checklists for each category of elevating device — hydraulic elevators, electric/traction elevators and escalators — have been promised to summarize the key requirements for both owners/managers and their contractors. As of mid-February, the checklist for owners/operators of escalators is posted on the TSSA’s website with the others still pending. However, industry service providers perceive they should be helpful for contract management and quality assurance.

Building owners/managers urged to engage with maintenance contractors

“Owners should be thinking about their elevators. They’re an important aspect of the building, and the owner and the contractor need to be working together and responsible for potentially deficient items,” says Tiffany Chan, senior consultant with KJA Consultants Inc., an engineering firm specializing in elevator design and maintenance management. “Checklists and a breakdown

of these high-risk compliance items can give the owner a better picture of what can happen and what is happening with elevators in the industry.”

Building owners’ elevator maintenance contracts will typically entail a monthly or quarterly check of all the items highlighted in the new compliance standards and any adjustment or repairs that are revealed to be necessary. Only certified and licensed technicians can conduct this work, which must be recorded in a logbook kept in the elevator machine room. Building owners carry the ultimate responsibility for the safety of their elevating devices, but contractors and the technicians they employ are compelled to meet industry safety standards as a condition of their licenses.

“We want owners to be engaged in the safety of their device,” Neate stressed. “It’s important that you check the log book because that’s how you’re going to know if these things are being completed and being completed at the frequency that they’re supposed to be.”

The risk prioritization approach now comes with an honour system for building

owners/managers to address less pressing deficiencies. As well, compliance standards are meant to be dynamic so additional items could be flagged as high-risk in the future.

“We are going to be doing a safety audit program where we will be auditing these things that are low and medium risk to see how the enforcement is going,” Cooke reported. “The primary responsibility for compliance lies with the owner/operator and so we’re not following up, but there’s an expectation that you want your elevator to be safe, you want your elevator to be compliant.”

There’s also a hint of some flexibility on compliance orders if repairs or replacement can’t be completed within 14 days due to uncontrollable supply chain or labour pressures. For example, more than 14 days would typically be needed to replace an elevator’s hoist ropes.

Although Neate reiterated to webinar attendees that owners/operators and their contractors should generally be aware of and proactively repairing or replacing deteriorating equipment before a TSSA inspector has to issue an order, Chan advises that sudden events can

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sometimes come into play. That could be flooding or unexpected water infiltration from elsewhere in the building, vandalism or sudden knocks inside the elevator cab or to the hallway door.

“Let your inspector know what the situation is. We do understand there are supply chain issues and your inspector will make accommodation for you in those circumstances,” Cooke said.

Low-risk status not a justification for relaxed vigilance

The TSSA’s outcome-based model brings differing value for service depending on where owners/managers and their elevating devices are plotted in the risk spectrum. For example, the fee structure for annual licenses was revised in 2021 to bundle in the cost of a periodic inspection and one follow-up, which were previously separately billed services. However, risk-based scheduling means that many elevators are not inspected that frequently.

“So you’re paying for something you’re not going to get. You’re financing somebody else and you’re not getting that service,” contends Ray Eleid, chief executive officer of Solucore Inc., an elevator and escalator consulting firm.

He suggests a vigilant approach to maintenance contracts will be even more important in buildings that the TSSA has categorized as lower risk and placed on a lengthier inspection rotation. Meanwhile, when it comes to responding to compliance orders, a full-service contract may offer more cushion against extra costs than a contractor-based contract with fees for specified extra services.

“It’s extremely important that owners call their contractors right away so these issues can be resolved within the compliance window,” Chan says. “Depending on the existing maintenance contract between the building owner and the elevator contractor, some of these items will be covered under their maintenance contract so that would just be a matter of ensuring that the contractor completes it as part of the maintenance contract. However, if there are re-inspections required past the first follow-up, then there would be additional costs for the TSSA services.”

Barbara Carss is editor-in-chief of Canadian Property Management.

With

over 30 years of experience in condominium law, DSFM is legal consel to over 500 condominium corporations, as well as condominium purchasers and homeowner groups, across Ontario.

PREPARING FOR THE EV ONSLAUGHT

Is your building ready?

The days of sitting back and waiting to see how Canadians embrace the electric vehicle (EV) movement are over. In 2022, the federal government announced it is mandating electric car sales as of 2026. This means condo corporations, boards, and property managers must act decisively if they want to choose a strategy to ensure their parking facilities are properly equipped at a cost that isn’t prohibitive.

But getting that ball rolling isn’t easy. It can be daunting and confusing, especially given the way EVs have been slow to catch on, with costly upfront considerations creating buyer hesitancy. While developers of new singlefamily homes and multi-residential buildings can include zero-emissions vehicle (ZEV) infrastructure in their building plans, existing

properties aren’t so lucky. Most high-rise residences today are underequipped to meet the current level of EV need, let alone what is projected. All around the world, governments are targeting for a complete switch to EVs by 2030 or shortly thereafter.

Here in Canada, car manufacturers will be subject to penalties for not producing and selling the right quota of electric cars as it progresses towards its target of reaching 100% ZEV sales by 2035. Annually, that translates to approximately 395,000 new ZEV sales in 2026, 1.2 million new ZEV sales in 2030, and 2.0 million new ZEV sales in 2035.

“As we are seeing in European markets and in some U.S. states, the mandating of electric cars will require a huge investment in charging infrastructure to meet the influx of need,” said John

EV, a company that specializes in supplying, installing, and managing EV charging Infrastructure. “Right now in

Nassar, Founder at Hwisel

Canada, many condo boards are struggling to figure out the best way to implement this technology in a manner that will benefit current and future residents and take pressure off the corporation.”

With so few EV drivers to accommodate in the past, charging stations in condominiums were typically dealt with on a case-by-case basis. Each owner would approach the board and work privately toward getting their EV charger installed. That said, the power needed to supply the parking space generally came from the corporation’s electrical infrastructure, which in most cases had a limited capacity for additional electrical loads. Sometimes this meant nonEV drivers were subsidizing the cost for the

DID YOU KNOW…

Installing a single EV charger in a high-rise condo could cost up to $20,732 vs. just $3,000 in a single-family home. To find the most cost-effective solution for your building, contact the folks at Hwisel EV today!

Although this approach is still available and suited to smaller buildings with limited to no parking, there is a better option for condominiums looking for an alternative, longterm solution, with less capital requirements and administration. According to Nassar, the approach is similar to how Bell, Rogers, and Telus provide their Internet, cable, and phone services directly to the unit-owner.

“Going this route, the condo corporation does not own or pay for the infrastructure or the electricity; rather it is provided directly to the owner as a service, transferring all operational costs and obligations onto the supplier, and providing key savings,” he said. “Additionally, since all condos need a service provider to bill and collect electricity charges from EV users (even if the condo purchases the infrastructure), extending the service to also include the infrastructure makes sense. For a small additional monthly fee, they get a complete solution that is equitable, does not require an investment, and is turnkey.”

LEVEL 2 OR LEVEL 3?

In addition to strategy and service considerations, another important distinction is the level of charging equipment needed for the property or unit-owner. While Level 2 chargers are considered to be fast, effective and affordable by current standards, Level 3 is the fastest charging system available, but requires significantly more power. As such, there are limitations to where this charger can be installed.

“At Hwisel, we provide worry-free Level 2 and Level 3 stations for direct purchase, or through affordable monthly plans,” said Nassar. “Additionally, our unique monitoring service allows us to fix EV charging issues remotely and deliver software upgrades, helping our customers save time, energy, and money.”

EV-users, or future EV drivers were excluded given that early adopters used up all the available electrical capacity in the building.

TIPS FOR PREVENTING TITLE AND MORTGAGE FRAUD

The purchase of a condominium is often the first foray into home ownership for many Canadians. Gaining a toehold in Canada’s hottest housing markets is no easy feat; it is the product of good investment decisions, scrimping and saving, and often requires financial assistance from family.

BY ELLAD GERSH

Asreal estate values have skyrocketed in the past five years, especially in Canada’s major cities, so too have cases of mortgage fraud. In fact, mortgage fraud has recently gained national media exposure from a series of news reports by the CBC. Picture this scenario: you have just returned to your Toronto condo after a lengthy sabbatical only to discover that your key doesn’t fit in your front door. You are then met by complete strangers, who believe themselves to be the rightful owner of your condo and have the legal documentation to prove it.

There are two types of real estate fraud that are on the rise in the past 12 months:

Fraudsters impersonate individual homeowners and use stolen IDs to sell or mortgage properties. The mortgage or sale happens quickly and the fraudulent proceeds are dissipated outside the jurisdiction almost immediately. The CBC recently reported that a handful of organized crime syndicates are behind these real-estate frauds, in which 30+ homes in the GTA have either been sold or mortgaged without the owners’ knowledge.

Fraudsters dupe unsuspecting homeowners into registering one or more mortgages on their properties at “cut rates.” The victims of these frauds are normally part of a vulnerable group of homeowners who cannot qualify for a loan from a Schedule I bank. The unsuspecting homeowners end up with one or more mortgages registered on title to their properties on terms they never agreed to while failing to receive some or all of the mortgage proceeds advanced by the lender.

So, how do condo owners protect themselves and their biggest investment from being victims of title fraud or mortgage fraud? Here are some practical tips:

Title insurance: title insurance is an insurance policy covering the condition of title or ownership of real property and protects homeowners (and lenders) against losses related to the property’s title or ownership, including certain types of mortgage fraud involving identity fraud or impersonation. For a onetime, up-front premium, typically in the range of $200 to $500, title insurance

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.

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provides homeowners and lenders with some peace of mind against title defects outlined in the policy including fraud and forgery. Your title insurance policy will protect you as long as you own your property and will cover losses up to the maximum coverage set out in the policy. It may also cover most legal expenses related to restoring your property’s title.

Lawyers strongly recommend to their clients to purchase title insurance when purchasing or financing their home. Title insurance policies can also be purchased by existing homeowners who did not purchase title insurance on their original acquisition. This is particularly advisable where the subject property is mortgage free.

There are four title insurance companies in Canada: Stewart Title, First Canadian Title, Chicago Title Canada, and TitlePLUS, operated by the Law Society of Ontario (LSO).

Property searches: if you have any concerns or suspicions that something improper may be occurring to your condo or home, for a nominal fee you

can pull a parcel register of your condo PIN [property identifier number] through your province’s land registry office, providing you with a snapshot of ownership and all charges registered on title to the property. The parcel register can be accessed by your local real estate lawyer through Teranet or on your own online through OnLand Help Centre.

Notify others of any extended absences: if you’re going out of the country, for an extended period or even for vacation (and your condo will be vacant), you should notify people whom you trust. They can check up on your condo while you are away and notify the property manager or police if they notice any suspicious activity while you are absent. Fraudsters who steal property titles generally do not list a property on the MLS service, but your neighbours or family members may notice suspicious activity around your condo while you are away. You can also set up a “Google Alert” through your Gmail address. If your condo is listed on MLS, you will get an alert within an hour.

Protect your IDs and your signatures: the rules of professional conduct require lawyers to verify the identity of clients in certain circumstances. However, lawyers may also be the victims or the vehicle of mortgage schemes involving stolen identification especially when the lawyer does not actually meet with the client in person. In order to minimize the risk involved in mortgage fraud and impersonation, never give out your government issued photo ID.

Be very careful whom you share your SIN (social insurance number) with. Fraudsters will often only use your SIN, obtained under false pretences or through identity fraud, to open new bank accounts in your name without your knowledge. They can then use the bank account to deposit and disburse fraudulently obtained funds including mortgage advances.

Lastly, do not sign any documents without fully understanding them or having a lawyer explain those documents to you. Fraudsters often prey on unsophisticated peoples or those with language barriers to perpetrate mortgage fraud. Title insurers may

not provide coverage where the homeowner signed the documentation used to register a mortgage, even if the homeowner did not understand or appreciate the legal significance of those documents.

Check your credit report: reviewing your credit report can help you find out if someone has opened unauthorized financial accounts in your name. There are two credit reporting agencies in Canada: Equifax Canada and TransUnion Canada.

Guard your privacy through these precautions: do not give out personal information on the phone, through email or text to people you suspect may be posing to conduct research, surveys, contests, and so on while harvesting your personal information. Unless you have initiated the transaction, do not give out any personal information. Make sure you know and trust your real estate brokers, real estate agents, lawyers, and bank employees. Google everyone: do they have a LinkedIn profile? Who else are they connected to? A Facebook profile? Are the photos the same? Check out Google reviews, too. Invest in a crosscut paper shredder. Shred receipts, bank statements, bills from utilities, copies of credit applications, insurance forms, physician statements, and unsolicited credit offers you get in the mail. Fraudsters still “dumpster dive” and rummage through blue recycling bins because enough people remain lackadaisical about safeguarding their personal information. Lastly, minimize the identification cards you carry with you. Lost or stolen ID cards are useful to fraudsters to perpetrate identity theft.

5 6 7

Pay attention to your billing cycles: follow up with creditors if your bills don't arrive on time. Stolen bills are another source used by fraudsters to steal your identity. 1

Ellad Gersh, a partner at Robins Appleby LLP, focuses on commercial real estate property disputes among landlords, owners, and tenants. He is representing one condo owner who is the victim of a mortgage fraud scheme.

“There are two types of real estate fraud that are on the rise in the past 12 months.”

TRAILING TWISTERS

If tornadoes don't hit anything, they're challenging to find. A new research project at Western University is seeking them out and discovering surprising evidence. How concerned should homeowners be?

By Rebecca Melnyk

TWISTERS

Canada’s tornado risk is more widespread than once thought, according to a growing body of research that, for the first time, tracks the occurrence and aftermath facing property owners across the country.

The data, being gathered since 2017 by the Northern Tornadoes Project at Western University, comes as Canada’s rising population encroaches onto underdeveloped lands outside of cities. Just last year, the population grew by over one million, according to the latest record from Statistics Canada. With more density, comes more eyewitness accounts of tornadoes that would otherwise go undetected.

“As we spread out, things aren’t going to get better; things are going to get worse, and we don’t quite know what climate change is doing to that yet,” says Dr. Gregory Kopp, project leader and professor of civil environmental engineering at Western.

Unlike heatwaves, there is currently no proof of how global warming figures into the prevalence and power of tornadoes. Still, their location and timing are shifting course.

Tornadoes have long posed a threat to a stripe of the United States known as Tornado Alley, which spans across Texas, Oklahoma, and Kansas, but they seem to be edging eastwards into more densely populated areas. “There are also fewer days of tornadoes, but when they happen, it's worse and there are more outbreaks with multiple tornadoes happening on a given day,” says Kopp.

In Canada, his colleague, Dr. David Sills, a professor in atmospheric sciences at Western and the project’s executive director, discovered big tornadoes are shifting later into the summer from the historical mid-July point into late August. “The earth's weather system has many scales on it so we can’t quite attribute that to climate change yet,” Kopp says. Collecting more data, though, might one day reveal more evidence.

Tornadoes thrive in North America. Canada likely experiences more than any other country with the exception of the United States. The majority occur in Ontario, but severe weather investigations are tracking them in other regions, from British Columbia to Newfoundland and even beyond the 60th parallel in the Northwest Territories.

“Our goal is to try and find every tornado that occurs in Canada and then find all the ways that they affect us,” says Kopp. “We think there are a lot more happening than previously documented. Historically, Canada said we have about 60 tornadoes a year. Our current estimates are at least double that.”

During the 2022 season, the NTP captured 117 tornadoes, tying 2021 for Canada’s highest-ever single season on record.

If a tornado doesn’t hit anything, though, it's challenging to find. Seventeen tornadoes in 2021 were just discovered this year after damage paths were identified through satellite imagery. Those events had occurred in heavily forested areas, from Saskatchewan to Quebec, so there hadn’t been any real-time civilian reports.

The first year the project launched, satellite imagery and radar imagery from storms revealed, after the fact, an outbreak of more than 20 tornadoes in Quebec that no one had experienced.

Much of the database information relies on social media tools—Twitter, Facebook, etc.—alongside radar networks and satellites that capture continuous images of the earth. “Tornadoes leave scars through forests and urban areas when they hit cities,” says Kopp. “But the remote ones we find with satellites.”

When they occur, field teams conduct surveys. Drones capture aerial imagery to determine the length of a tornado and what was destroyed. Structural engineers assess any damage of buildings that were hit.

To expedite the process and make it less human intensive, teams will soon begin using modern tools like LiDAR, an acronym for light detection and ranging, to create complete 3D computer models of damage.

Building better and smarter

As awareness increases, how concerned should homeowners be?

Tornadoes can occur anywhere thunderstorms erupt. They are random. In Ontario, they tend to occur along a wide and scattered path that follows the 401 corridor, from Windsor to Toronto to Montreal. There are also quite a few in the boreal forest, north of Lake Superior in cottage and fishing country.

The rotating columns of air come in all shapes and sizes, from ropey to wedgelike. When moving through dusty, dirty

landscapes, they swallow debris that darkens their appearance. They are hard to see when wrapped in rain and come without visual warning at night.

A tornado’s intensity and wind speed are estimated by studying the damage it leaves behind, to which the Enhanced Fujita (EF) Scale assigns a rating. The scale comes with various damage indicators that range from milder (think flying eavestroughs and shingles) to complete destruction.

“EF-2 tornadoes are most commonly associated with damage in wood-frame houses, where the roof comes off in its entirety,”says Kopp. “When that happens, the structure is more vulnerable to collapse; people are very vulnerable if they’re inside.

“The most intense would be an EF-5. That’s when a wood-frame house that is well built is completely swept away; there is nothing left on the foundations, just bare concrete.”

Real-life examples include the EF-3 Goderich tornado in 2011 that demolished 35 residential buildings with peak winds between 253 and 330 km/h and left 283 buildings in need of repair, or the Barrie tornado in 2021— a set of EF-2 strength twisters in the range of 200 km/hour that called into question updates to the Ontario Building Code and tornado protection construction practices. An EF-4 tornado had previously ravaged the city in 1985, killing 20 people.

After the 2021 Barrie event, signs of posttraumatic stress disorder began to surface within the community. So, while the NFP wants to understand what tornadoes damage, they’re also starting to document the impacts on people.

“It's a very stressful time when you lose your house,” says Kopp. “Even if you have insurance and you’re rebuilding it, there are still so many other things that will affect your life for a long time. We’re at the early stages of trying to understand that.”

In an event, townhomes and three- to fivestorey wood-frame structures have similar vulnerabilities as detached wood-frame houses. This was the case in Ottawa in 2018, where low-rises on an apartment block had windows broken and walls collapse. “When the roof comes off, that's when the walls are very dangerous,” says Kopp.

High-rise condos, on the other hand, are less vulnerable. The risk would be severe winds blowing loose furniture off balconies and equipment off roofs, and window

BUILDING RESILIENCY RECOMMENDATIONS

• The building code is a baseline for building principals. Consider working with a designer or architect who has experience with building more resilient buildings.

• Source and hire qualified and certified trades people.

• Use products with severe wind ratings and ensure manufacturers specifications are met during installation.

• Apply a full secondary water barrier beneath the roof cover to mitigate water damage.

• Use hurricane clips on roof sheathing.

• Fasten roof sheathing with screws rather than nails.

• Installing reinforcements during the framing stage of construction can dramatically limit the amount of damage wood-framed buildings sustain during tornadoes and other extreme wind events.

• Select more resilient roofing systems (specifically metal) which can also dramatically reduce the frequency and intensity of wind-related roofing damage.

• Take extra care in maintaining roofing and exterior cladding systems on existing buildings to reduce damage. Any loose material should be repaired immediately. Roofing systems (specifically shingles) should be replaced once the tabs begin lifting.

breakage from debris and rocks, followed by rain and wind entry into units.

“But these buildings would be safe structurally. I can’t imagine a high-rise blowing over in a windstorm,” he says. “There’s lots of evidence that even in the strongest tornadoes steel-framed buildings tend to survive, but all the windows get blown out.”

Restoration companies that service buildings, including condos and townhomes, are seeing an increase in high-wind event calls in general. ServiceMaster Canada said significant May windstorms in 2018 and 2022 represented 38 per cent of its assignments in Ontario, compared to the average 14 per cent from 2019 to 2021.

This past February, consumer research from emergency restoration company First Onsite, found 52 per cent of Canadians are concerned about facing the effects of tornadoes and straight-line wind events known as derechos. Ontarians were second

in the country (56 per cent), following Atlantic Canada (60 per cent).

“Recent events, such as the tornado in Barrie and the widespread derecho have certainly demonstrated the vulnerability of our housing stock,” says Jim Mandeville, senior vice-president, Large Loss Canada for First Onsite Property Restoration. “The intensity of these events, specifically, straight-line wind events, also seems to be escalating. We are also seeing the impact of these events hitting an ever wider geographic area.”

Damages were historically limited to roofs that were older and dilapidated, he observes. “What we are seeing now is damage to new roofing and exterior systems, windows, vehicles, and healthy mature trees. Obviously with these more extreme damages come drastically higher price tags in terms of monetary repair costs as well as the amount of time and interruption faced by homeowners and business owners.”

ServiceMaster Restore Canada

First Onsite Property Restoration

Insurance costs are another factor. A condo corporation has a policy to cover the external structure of the building and any common elements. Owners can also purchase personal condo insurance to protect their interior belongings. An event could trigger claims for both the corporation and individual owners.

John Cooke, president of ServiceMaster Restore of Ottawa and Daniel Loosemore, the company’s chief of sales and operations, said over email that as wind claims increase, the cost of insurance must be considered along with the self-insured retention.

“Where things become challenging is the increase in frequency of wind events that triggers claims activity,” they said. “If the self-insured retention is increased to keep premiums at acceptable levels and the reserve fund is low, any added financial pressure of the corporation is passed along to each owner through a special assessment.”

Thebuilding industry has been exploring ways to mitigate damage, while advocating

While the National Building Code set out requirements for fastening the walls to the foundation following deadly tornado events in the mid 1980’s, a key oversight is holding the roof down, he explains. A roof left intact could ultimately preserve the walls of homes.

Roofs in Canada are strong, designed to handle heavy snow loads in winter to prevent collapse. “Wind is the exact opposite; it wants to lift the roof up,” he says. “Wood roofs are very light. What's holding them down are the nails that go into the walls, and that’s the most vulnerable point of the structure during a windstorm.”

Simple measures are in the details, he adds. Hurricane straps in place of toe nails cost about $200 per home and keep the roof from flying off in EF-2 tornadoes. Windrated garage doors can be sourced from hurricane regions in the U. S. To keep the roof structurally sound and prevent rain and wind entry, longer nails could hold sheathing onto the roof.

Exterior building materials have come

a common roof material, a thicker, tear resistant base mat can be used to ward off the risk of damage.

“While these solutions cost more up front, many insurance companies see value in these building materials and often consider a reduction in insurance premiums,” they add. “In addition, the heavier base material coupled with better fasteners and improved bonding strips on the shingles reduces the damage caused by high winds.”

Windows are also evolving in areas historically susceptible to tornadoes. Laminated glass capable of withstanding high winds and flying debris could lower the risk from windstorms or, alternatively, metal roll-up shutters, which are often used in other parts of the world.

“These materials offer better protection and will likely become more common as the construction industry adapts further to our changing environments.” 1

To follow along with the Northern Tornadoes Project as it tracks and researches tornadoes across the county, visit: https://www.uwo.ca/ntp/

SPRING INSIGHTS FROM A SEASONED LANDSCAPER

Aer a century of springs, Salivan Landscape knows its way around a multi-residential property. With warmer weather only a few months away (knock on wood), the veteran landscaper is reflecting on the techniques and approaches that have made it successful within the GTA’s condo management community.

“Our team has been in this field for a long time, which gives us the benefitt of having decades to hone our approach to every season,” says David Koa, CEO at Salivan Landscape Inc.

Salivan’s approach to spring is a comprehensive step-by-step process that ensures a condo’s property is healthy, wellmaintained, and ready for the season. It begins, says Koa, with setting the right foundations: “Spring clean-ups begin with a complete litter pick of the property, followed by aeration and dethatching of lawns”.

“The aeration step is vital”, he continues, “as it reduces soil compaction and improves drainage, bringing water and nutrients to the roots of the grass. Similarly, dethatching lawns with a power rake is key to removing excessive thatch that can build up over time”.

With the initial preparations made, the next step is to begin the detailing work. This

includes trimming perennials that were le for winter (e.g., ornamental grasses), pruning trees and shrubs of dead or diseased branches, and then cleaning gardens of leaves and debris while taking care not to damage new growth on the existing plants. Next comes cultivating and weeding garden beds and tree circles, fertilizing lawns. Once the weather begins to warm up around mid April, top-dressing and over-seeding bare and weak lawn areas with a blend of different seed mixes will help to promote optimal germination.

“Our inspiration for spring is to bring colour to the gardens by installing bulbs which bloom in April and May and spring flower displays using a variety of forced bulbs, flowers, trailing ivy, decorative branches, and the like,” Koa explains.

Overall, serving the multi-residential community for decades has helped the Salivan team fine-tune a process that guarantees no missed steps during spring clean-up.

“We follow these steps with no shortcuts, which results in an immaculate property which continues throughout the landscape season,” adds Koa. “Our attention to detail is what sets us apart from our competition.”

LESSONS LEARNED

A century of experience has provided Salivan with a wealth of insights and lessons learned. Today, the company is eager to pass on some of the more important tips to its property management clientele.

Start irrigation early: Don’t hold off contacting your irrigation contractor until April or May. Irrigation contractors are o en booked solid around those times, making it important to book their services earlier in the year.

“Some clients don’t realize you can start the irrigation process early on in spring, or they don’t want to because they’re concerned the lines will freeze in early April, which they won’t because that requires prolonged periods of cold weather,” advises John Bontje, Manager of Landscape Maintenance and Snow Removal with Salivan. “So, the earlier they can get the system checked out the better, you dont have to have your system running, just ready

to run. You can then turn on your irrigation whenever the weather warms up and your property requires regular watering.”

Take advantage of expertise: Work with your landscaper to lay out your goals and objectives. Odds are they will have additional insights and tips they can offer to get your property into spring shape.

“In general, our clients already know what they want, but we can help direct them in regards to what we see may need additional work, care, or upgrades,” shares Bontje.

Make safety and training the priority: In the hustle and bustle of spring preparations, one cannot let worker safety be brushed aside. Ensure you’re working with a landscaping team that is well-trained and experienced to ensure worker health and safety stays top of mind.

Says Mike Walker, Assistant Manager of Landscape Maintenance and Snow Removal with Salivan: “I think some important questions that property managers

should be asking their contractors is, ‘How do you guys prepare for the new season?’ Are you preparing your employees for any potential hazards on site? Do they know how to operate all the equipment effectively? Have they gone through safety certifications?’”

“People don’t always think about that training component,” he continues, “but it’s critical for maintaining a safe and beautiful property.”

Avoid corner-cutting: Proper gardening means spending the time to do it thoroughly. Even still, Salivan has seen its share of competitors who cut corners to save time, resulting in costly issues and problems down the road. As always, more time spent on the property will result in a more beautiful and healthy landscape.

“Cutting corners will only result in issues and problems down the road, requiring more money to fix,” says Bontje. “The more time spent on the property will result in a more beautiful and healthy landscape.”

In the landscaping field, quality service comes from expertise gained by years of experiance. In the issues ahead, Salivan Landscape Inc. will share its seasonal landscaping tips and insights for summer, fall, and winter.

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

AUDITORS AND AGMS

BY STEPHEN CHESNEY

The role of a condominium auditor

As a starting point, it is necessary to close what we refer to in the industry as the “expectation gap” between what a typical owner believes is an auditor’s professional duties as compared to their actual duties under the Condominium Act of Ontario.

Under the law, an auditor’s professional duty is to provide the owners with their opinion on whether the financial statements

are materially correct so that the owners can determine whether they can rely on its contents. The auditor has no control over the financial decisions or operations of the condominium as that is the responsibility of the board of directors. The only power the auditor has is over the content of their report. If the financial statements are not materially correct, the auditor has the power to “qualify” or “deny” their opinion.

By doing so, the auditor is able to inform the owners and other readers of any inaccuracies that they have observed.

Some mistakenly believe that an audit is supposed to detect all “wrongdoing” and catch every error. That is neither accurate nor realistic. The primary objective of an audit is to provide an opinion on the accuracy of the overall financial statements, but within a material variance.

As we emerge from the pandemic, some boards of directors are considering a return to in-person annual general meetings (AGM). As such, it is a good time to consider whether the physical attendance of an auditor is necessary and what alternative methods are available to condominiums.

At the majority of annual meetings, the auditors are requested to attend to speak to their opinions on the audited financial statements. In the context of a condominium AGM, the presentation given by the auditor is usually no more than 10 minutes in length during which they summarize the findings of their report. After their presentation, the auditor opens the floor to questions from the owners of the condominium.

Auditors are often asked questions about foundational financial concepts that are referenced in their report. This is because the financial literacy of the board of directors, management, and owners can be varied. Since an auditor’s responsibilities are technically limited to answering and commenting on their report, they cannot provide advice or guidance in their presentation regarding anything outside of the accuracy of the financial statement. Pursuant to their agreement, it is the management who have been contracted to prepare the books and records of the corporation. Therefore, it is important that technical and detailed questions about the contents of the financial statements be directed at and answered by management and questions about financial choices be directed to the board of directors.

After the auditor responds to all questions, the auditor is excused from the meeting because any other business during the meeting is outside of the auditor’s scope of work. On average, the auditor will be present in the meeting for about 10-20 minutes.

The practical considerations of the format for an auditor's attendance at an AGM.

There has been an explosion in the number of condominiums in the last 20 years. Ontario, more specifically the Greater Toronto Area (GTA), has the largest number of condominiums within Canada. There are over 12,000 condominium corporations in Ontario as of today. As a result of the exponential growth of condominiums, there is also a shortage of essential suppliers required to service the many condominium corporations in Ontario, including certain maintenance contractors and professional

managers. There is also a shortage of auditors that specialize in this industry.

I have consulted with several firms that audit a large quantity of condominium corporations in Ontario. There is a common consensus that it is simply not possible for the auditors to attend every annual general meeting in person. The shortage of staff combined with the increased traffic, especially in the GTA, has made it impossible to facilitate an auditor physically attending every AGM.

In light of the above, the following are alternative options that a board of directors can consider in respect to an auditor’s attendance at an annual meeting:

microphone. While the owners cannot see the auditor, it is equally as effective at disseminating the short summary of the audit report and providing responses to the owners’ questions.

Virtual attendance model: During the pandemic, condominium AGMs were conducted virtually. What started out as a forced measure has revealed itself to be the most efficient way for an auditor to attend annual meetings. Given that the auditor is required for only a short period of time at a given meeting, the auditor can easily log on and off at the requested time, and within seconds attend another condominium’s AGM.

Hybrid attendance meeting: If there is a desire to have an in-person component to a condominium’s meeting, a hybrid model to the annual meeting should be considered whereby attendees can attend both virtually and in person. This would not only accommodate the virtual attendance of an auditor, but also assist with any issues with making quorum, a common problem that occurs at in-person AGMs.

Virtual attendance by auditor only: Even if the meeting is entirely in person, the board of directors or management can provide the option for the auditor to attend virtually by simply setting up a computer for the auditor to present via videoconference. In my experience, this format has worked well in meetings where this has been implemented, as long as the venue has a solid internet connection.

1 2 3 4

Teleconference attendance: Another option is to allow the auditor to call into the meeting on a phone and broadcast their presentation using a

Written or pre-recorded presentation: A final approach is for the board of directors or management to read a written summary of the auditor’s presentation to the owners at the AGM or for the auditor to pre-record their presentation that is shared with the owners at the AGM. Of course, this would mean the auditor would not be able to answer questions in real time. However, the board of directors or management could either attempt to answer the owners’ questions or compile a list of questions for the auditor to answer shortly after the meeting.

If none of the above formats are acceptable to the board of directors, they could still request that the auditor physically attend the AGM to present their report. However, given the difficulties caused by this approach, it is increasingly becoming a standard policy for auditing firms to charge an additional fee for this level of service. The fee is intended to compensate the auditors for the additional time required for travel and the attendance as compared to if an alternative format was implemented.

There are many aspects of our lives that have become a “new normal” in light of the pandemic. If your condominium has an auditor who acts for many hundreds of corporations, they are likely no longer going to be able to physically attend every condominium’s meeting. The board of directors of each condominium needs to start considering well in advance of the AGM how they want their auditor to present their report and subsequently communicating their preference to the auditor so that they can plan accordingly. 1

Stephen Chesney, F.C.P.A , F.C.A., is a partner with the firm Yale PGC, LLP Chartered Professional Accountants in Richmond Hill and currently specializes in the auditing of Ontario condominium corporations.

TR ASH TALK:

TAKE A PROACTIVE APPROACH TO PROPERTY MAINTENANCE

As single-use plastics become a thing of the past for Canadians, condo owners and property managers need to adapt the way they handle garbage in their buildings. Typically, tenants use grocery store plastic bags to line their home trash bins, filling them up and tossing the entire bag down the building’s garbage chute. When people no longer have the option of using plastic bags to contain their garbage, they may opt to throw garbage down the chute unbagged, creating a host of problems for the building. This continuous practice could cause major build-up on the walls of the chutes leading into the compactor, a strain on the internal mechanisms, and increased odour,

as well as creating a breeding ground for insects and an overflow space that will eventually attract rodents. Safety could also become an alarming issue, with increased risk of fire and higher health risks for the staff.

With disposable grocery bags becoming a thing of the past, how can you keep your garbage chute clean and the building safer for your tenants?

“Managing a building is an enormous responsibility and consulting a professional can take some of the stress off your shoulders,” says Andrew De Bartolo, division lead at Metro Jet Wash. “Knowing you have expert help to give your tenants the best living experience you can makes such a big difference.”

While many buildings have “washdown systems,” De Bartolo says, these systems are superficial and may hold you over by spraying a deodorizer and a degreaser down the chute, but they offer little benefit to the compactor itself. Your chute and compactor need focused, professional attention, and a proactive maintenance approach to save time and money in the long run. High-pressure water and manual scraping is the most effective way to clean waste equipment.

Established in 2003, Metro Jet Wash specializes in offering expert solutions for property managers, assisting them with maintenance programs that keep your equipment clean and smelling good. You won’t have happy tenants if the issues with your chute and compactor mean that your equipment causes odours and is unclean.

A maintenance plan entails hiring a professional to keep your equipment clean, ensuring it stays in good working order while spotting potential issues you can avoid or plan ahead for, and adjusting your budget. “It really makes a difference when these

expensive pieces of equipment are cleaned regularly,” De Bartolo says.

Prioritizing the maintenance of your chute and compactor lets your tenants know that you value your property, your equipment, and the quality of life for the residents in the building. Pride in your building spreads, and when it’s important to you, it will be important to them, too.

With single-use plastics disappearing, property managers need a plan to address their waste equipment cleaning. Metro Jet Wash is a one-stop shop in property maintenance solutions, offering compactor and chute cleaning, odour control systems, and professional guidance as part of their long list of expert services.

For more information about Metro Jet Wash and how they can help, please visit metrojetwash.ca

INSIDE GARBAGE COMPACTOR RAM

ON TRUST AND TRANSPARENCY

As condominiums become the standard form of housing across the country, the discussion about trust is really just beginning.

BY TODD HOFLEY

While society has always grappled with the issue, over the course of the past three years — as the pandemic reorganized almost every aspect of our society in ways that are both permanent and transitory – our sense of trust seems to have frayed. The reasons for this are many but when we’re

discussing our home, the importance of trust cannot be overstated.

As the cornerstone of condominium living, trust is, oddly, seldom spoken about amongst owners and residents. Most assume that a condo is just like any other home, but nothing could be further

from the truth. Owning a condominium is an exercise in shared values, shared assets and shared decision-making. Trust is what allows us to share our communal spaces, rely on our neighbours or employees for assistance and feel safe in our home.

Trust. It seems that no matter where you look today there is a distinct lack of it.

As a condo board in charge of the functioning, maintenance and governance of an asset worth millions or hundreds of millions, we are at the top of that “pyramid.” An enormous amount of trust is put in our hands and it’s a responsibility that is humbling and daunting.

So how do condo board members earn and keep that trust?

There is nothing that breeds distrust quite like silence, so the antidote to that is frequent and transparent communication. Telling the story about how major decisions are made, inviting members of your community to participate (if appropriate) and then following up with their suggestions is paramount. When you explain the context, research and reasoning versus just announcing a decision, owners are more likely to understand – even when the decision is difficult.

As a board, you then place a lot of trust in your property manager and your employees. Is your accounting being done properly? Are contracts being bid on in an ethical manner? Are residents being treated equally and with respect? Are your employees being treated equally and with respect by your residents? Does your team have the resources and support they require in order to fulfill their duties and enjoy their work environment?

In my current community, we’ve taken the unique step of instituting large bonuses for our staff that represent roughly five per cent of their wages. We did this to encourage our employees to stay – thus improving our bottom line as employee turnover is expensive. It also had the wonderful knock-on effect of ensuring three things: institutional memory, safety and trust. Even if an employee were leaving, because they felt trusted and valued in the workplace, they would recommend equally qualified and reliable people to substitute. They trusted us to treat them well and in return we got longevity, lower overall costs and a reliable and trustworthy workforce that cared about the building and its residents.

Finally, there is the trust from the owners and residents in your community – and this is the trickiest one of all. As board members, we accept the responsibility and workload of running the board and, for the most part, most residents will either appreciate this quietly or be silent on the matter.

That being said, there are always owners who will feel things are moving in the wrong direction, the decisions being made are poor and antagonistic. What then to do? Stay above the fray, be professional and respectful regardless of how someone else is behaving, and, importantly, document everything. It’s at that point that you really need to trust in the process of your declaration, your lawyers and any provincial regulations to protect you.

As condominiums become the standard form of housing across the country, this discussion about trust is really just beginning. Legal parameters have been established to guide the decision-making of condo corporations, and this does encourage a base level of trust.

Ultimately, though, it comes down to the people of the community itself. Are we communicating from a place of knowledge and understanding while actually listening to others' concerns? Are we comfortable being wrong? Is the board made up of people with skill sets that complement one another and can tackle large fiscal and social issues? Does your condominium help create community and foster healthy discussion? None of these are easy and they take a lot of work, but they’re the bedrock upon which a healthy condo corporation and community lie. 1

Todd Hofley is the President of Toronto Standard Condominium Corporation 2164.

“When you explain the context, research and reasoning versus just announcing a decision, owners are more likely to understand – even when the decision is difficult.”

MOULD & FAN COILS:

A RISK YOU CAN’T IGNORE

By Tim Reeve-Newson

There’s a reason the word “mould” can raise anxiety in condo property management. Gone unnoticed or left to grow, mould can become a significant health risk to occupants and lead to costly building repairs. This is why it pays to understand where mould can appear and how best to banish it from your building.

The origins and impacts of mould are well documented in a study by the University of Toronto’s Department of Physical and Environmental Sciences, Fan Coil Contamination of Growing Concern: The e ects of mould growth within fan coil units in Canadian high-rise buildings. In it, the risks of leaving mould to grow unabated are clear, especially when it pertains to HVAC systems, noting. “there are sensitive individuals for whom exposure is a serious issue, and concern for this subset of the population dictates that a solution is found in a timely manner.”

A MICROSCOPIC THREAT

While fungi are critical members of healthy ecosystems, a public health risk exists where there is an overlap of receptors, hazard, and exposure. Mitigating mould requires an understanding of how and

where it can take root. The ingredients for mould are quite simple; all it takes is a little moisture, air, and some food, the latter of which can be a broad range of organic materials such as wood, paper, dead skin cells, synthetic materials, and beyond. Mould doesn’t require much to start spreading, and once it does, it can begin showing itself within days.

One of the more desirable – but less noticeable – “hot spots” for mould is within fan coil units (FCUs). Relative humidity (RH) levels within these heating and cooling systems are between 75% and 97%, which is an ideal range for mould growth. Moreover, the materials around fan coil units (e.g., insulation) often hold moisture, providing the right foundation for mould spores to thrive. Put these elements together, along with a lack of maintenance, and it’s no surprise that mould is a common consideration for any fan coil unit.

As UofT’s study a irms: “FCUs are highly susceptible to becoming contaminated with mould and distributing spores throughout the living areas. Since these units are out of sight, they are often out of mind, a situation that poses potentially serious health and legal risks.”

A BREATH OF (UN)FRESH AIR

Mould’s resiliency and appetite make it a particular threat in built environments where organic materials are plenty and water from leaks, moisture, or building envelope deficiencies can arise. It’s also mould’s long-term impacts on humans that make it a threat that must be addressed at first sight.

Indeed, both Health Canada and the Ontario Ministry of Labour classify mould as a considerable risk factor for anyone who breathes it in. Coming in contact with mould spores can cause various symptoms, including allergies, asthma attacks, rashes, and respiratory di iculties of varying severity. Moreover, these impacts can multiply on people with weaker immune systems.

One can see why leaving mould to spread inside an HVAC system heightens these risks. When spread by fans in the HVAC system, mould spores can take flight into a condo resident’s unit or public areas throughout the building. Impacted residents may not even notice they’re inhaling

mould until the symptoms take shape, at which point it becomes a case of reacting to public health issues rather than preventing them.

EROSION FROM WITHIN

Health risks are the main motivation for addressing mould in buildings. However, as emphasized in UofT’s study, the impacts on a condominium’s finances and reputation also serve as motivation.

Condominium owners and managers have an obligation to provide a safe environment for occupants and guests. This obligation is enforced to various degrees in the Condominium Act, the Residential Tenancies Act, Human Rights Act, Occupational Health and Safety Act, and related legislation. A failure to prevent mould from growing and circulating within a building can be seen as violation of that obligation, raising the possibility for legal issues, liabilities, fines, or other penalties. And given the fact most building stakeholders typically have little coverage when it comes to mould, one event can have rippling negative impacts.

MITIGATION MATTERS

On mould remediation for FCUs, UofT’s study makes a strong case for prevention. This means recognizing that mould is a common issue to watch out for and that plans need to be in place to respond when and if it is spotted.

As the study insists: “The most prudent course of action when it comes to mould growth in fan coil units is to be proactive – i.e. to investigate for fan coil mould growth when complaints are received, communicate any adverse findings in a timely manner to all stakeholders, and remediate mould growth as soon as possible. Experts agree that ignoring the problem or deferring a solution due to the perceived complexity and cost will only serve to increase risk, liability and ultimate cost.”

Important safety measures must also be taken when and if it comes time to combat mould in FCUs. For one, remediation e orts fall under Environmental Abatement Council of Canada (EACC) protocol Level 2, formerly called EACO Level 2, which refers to medium-scaled projects of less than 10 square feet of mould growth in HVAC equipment in occupied areas. As such, the job needs to be done by qualified contractors who follow this important protocol as they will make sure the negative air in the work area is properly contained, and that the surrounding air is cleaned with HEPA (high-e iciency particulate air) technology.

Indeed, e ective mould remediation begins with property managers and board members adopting a proactive mindset. This means recognizing that mould is a common issue to watch out for and that plans need to be in place to respond when and if it is spotted. In the event of the latter, a testing lab can be used to confirm its presence using a sample of fibreglass insulation.

Even before fan coil mould remediation e orts begin, however, the first move is to contact the original equipment manufacturer (OEM) to request a condition assessment. You can often find the OEM’s contact information on the inner door of the fan coil, which is behind the outer return air grille. Once this assessment is done, you will have the information and clarity you need to begin making plans for its eradication.

Mould can make condo teams and residents lose sleep. Yet, with proactive measures, a watchful eye, and professional HVAC support, everyone can breathe easier.

This article was provided by Unilux CRFC, a global leader in retrofit fan coil design and manufacturing. Learn more about www.uniluxcrfc.com or by email info@uniluxcrfc.com .

Credit to the University of Toronto and the Canada Mortgage and Housing Corporation for their work on the study.

TACKLING TENANT TROUBLES

Legalities, insurance, and an owner's responsibility

Newly

BY REBECCA MELNYK

released data from Statistics Canada shows that investors owned more than one fifth of houses in British Columbia, Manitoba, Ontario, New Brunswick and Nova Scotia in 2020. Condominium apartments topped this list in Ontario and B.C., with 41.9 per cent in Ontario being investorowned, followed by over a third in B.C. The majority of owners were living in-province.

Ascondos supply the surging demand for rental housing, which continues to trend lower in cost than home ownership, many corporations may be experiencing a rise in tenant-occupied units.

“There can be tenants who fit right in and engage with the interests of the community and there are tenants who are quite the opposite,” said Sheila Krivsky, property manager with Shore to Slope Management Services, during an online discussion on tenants in condos, hosted by CCI Huronia.

Property managers are often on the receiving end for complaints and requests that should be directed to the landlord. Before entering into a lease agreement, this is just one issue to consider. There are many others, namely, clarifying what the corporation is responsible for versus the unit owner, what items to include in a lease agreement, and ensuring adequate insurance coverage.

The corporation-landlord-tenant relationship

As tenants settle into their homes, it is imperative to solidify their sense of place in the community, whether through events or newsletters.

“Some buildings are highly tenanted, and leaving the majority of the residents out of the loop doesn’t encourage the feeling of a single community,” said Krivsky, “What you don’t want to encourage is an owner-tenant divide between residents.

“We want to encourage tenants to care as much as an owner who has an invested interest in the property. This makes it more likely for a tenant to reach out to management about corporation-directed issues.”

Corporations could also build a tenant welcome package for owners to hand out, which includes what contact information to provide to management. “Really helping owners gain the knowledge they need to become landlords and leasing their units and also knowledge for tenants to fit into the community is the goal.”

Unit owners are responsible for ensuring their tenants comply with the condo’s governing documents. Any communication should be directed to them. Corporations are to address tenants’ concerns directly with the unit owner, and should do so in writing, in case an owner doesn’t remedy a situation, which could lead to legal action, said Krivsky.

Owners must request any changes to the corporation regarding interior repairs, maintenance or common elements. If the tenant makes unapproved alterations, the accountability to restore falls upon the landlord. Other rules pertain to homeowner meetings. Tenants can attend them, but only if the owner assigns their proxy to the tenant for the particular meeting.

Owners must also notify their condo corporation within 10 days of entering into, renewing or terminating a lease, according to Section 83 of the Condo Act. They must provide their own address, the renter’s name and a copy of the lease, renewal or a summary of either, and give the lessee a copy of the declaration, bylaws and corporation’s rules.

Insurance considerations

Tricia Baratta, commercial insurance professional at Gallagher and vice-president of CCI London and Area, cited three policies for condos with rental units. Section 99

and 102 of the Condo Act outline what the condo corporation policy should insure. A more recent addition is cyber-privacy and liability.

A unit owner’s coverage should include anything above the standard unit description and bylaw, their contents that aren’t attached to their unit, extra living expenses for vacating in the case of repairs, deducible and loss assessment and their own personal liability. However, when transfering to a leased-unit agreement, while all the same coverages apply, the tenant should take on additional living expenses and some of the contents. Owners can lower the contents limit as their personal property is no longer inside their unit, apart from appliances that require repair.

Unit owners should require that tenants show proof of insurance, Baratta stressed. “We want to make sure that content, should it be damaged in a loss, can be removed from the unit and that there is coverage for that. We don’t want the condo corporation or unit owner to take care of that bill.”

While the condo corporation’s coverage remains the same during a leased arrangement, the higher the ratio of rentals to owner-occupied units, the greater the impact on a corporation’s premiums, Baratta noted.“If you have 50 per cent rentals in a condo you are definitely going to see an increase in the premiums that are allocated to that property coverage and liability coverage. Some insurance companies won’t even write a condo policy if they are above that threshold.”

Section 83 notices

Corporations are obligated to keep records of notices of these leases. Natalia Polis,

“There can be tenants who fit right in and engage with the interests of the community and there are tenants who are quite the opposite.”

condo lawyer with Lash Condo Law, explained how knowing who residents are comes in handy for security purposes. When armed with the condo’s declaration, bylaws and rules, tenants are made aware of what is not permitted within a corporation.

In case of infractions, notices contain a tenant ’ s contact information, so management, the corporation and solicitor can directly communicate with them.

Notices also clarify off-site owners. “This is important, especially when there is an owner-occupied position up for election,” she said. “Off-site owners would not be entitled to vote for that election. It also affects the eligibility of some owners to run for the election if there is a specific qualification in their bylaws that requires them to be an owner-occupant.

“In some circumstances, I’ve seen an owner get elected onto the board and then subsequent election they found out that he’s not an owner-occupant and that’s the specific qualification in the corporation’s bylaws. So, that owner was immediately disqualified. This could leave the corporation in a precarious position. It could lead to a vacant position or worst case scenario— if there are not many directors on your board you could be without quorum.”

Corporations must identify how many units are leased for their status certificates and periodic information certificates. Owners are also requesting these records. “We’re seeing, ever since the CAT received jurisdiction over records disputes, owners are bringing these disputes left, right and centre, especially with the terms of Section 83 notices,” Polis said.

According to what a corporation is to maintain with Section 83 notices, Polis

relayed clarification from the CAT in Chai v. Toronto Standard Condominium Corporation No. 2431. “This decision held that Section 83 requires a corporation to maintain a list of each unit for which one or more notices under Section 83 have been received.”

This includes the type of notice and date it was received—for all units that have ever submitted a notice.

The CAT ultimately ordered the condo to provide a copy of the updated record within 30 days, except for information relating to specific units/owners under section 55(4)(c).

The case also underscores the importance of leased units equaling the notices received, said Polis. “If the corporation has not received a lease, it should not include the information about the unit being non-owner occupied in the information certificates or status certificates, or disqualify the person before they are even a candidate for owneroccupied positions. Even if the board and management know the unit is leased, you do not enter that number unless the corporation receives that notice.”

Another lesson learned for recordkeeping in relation to Section 83 is maintaining adequate and accurate notices. Not all owners may submit them, but corporations can reach out requesting updates.

What goes into residential leases and governing documents?

Residential leases should correctly identify the premises and acknowledge that the tenant is bound by the Condo Act, declaration, bylaws and rules, as amended from time to time, said Patricia Elia, senior lawyer with Elia Associates.

“You want to confirm the fact that a unit

owner cannot grant a greater interest in land than what they themselves hold,” she noted.

The landlord is responsible for enforcing compliance in relation to the tenant. There should also be a robust indemnity clause to ensure the tenant acknowledges they will be responsible for the consequences of their actions according to the leasing obligations.

According to the corporation’s framework, “the declaration, bylaws and rules should contemplate, where you do have tenancies possible, that your corporate governance is actually meeting that possibility,” said Elia, adding that the declaration should include indemnification obligations by the unit owner (and their guests and tenants) for any costs incurred by the corporation that deal with compliance.

Bylaws can create parameters for mischief and should anticipate tenancies. Rules should encompass all residents living in the condo. Another essential element is the provision of emergency contact information. In case of an emergency, owners should be first to take responsibility, but if they live outside the country then request a tenant’s emergency contact be someone easy to locate in Canada.

Tenants should also acknowledge they have read the governing documents. “You have to comply with the Act, but it’s important to show, in your contractual relationship, that you’ve actually delivered that because that is the standard you are going to be held to as a landlord,” said Elia, adding, there must be clear boundaries between the corporation’s duty and the owner’s responsibility, while embracing all the relationships that form the community as a whole.

“If you have 50 per cent rentals in a condo you are definitely going to see an increase in the premiums that are allocated to that property coverage and liability coverage.”

If recent news is any indication, enforcement continues to be a hot topic. Sonja Hodis, a litigation lawyer at Hodis Law, relayed her top 10 enforcement considerations.

Notify the tenant and owner of the breach and corrective action that must be taken so they are both part of the discussion from the very beginning.

Never breach rule number one. Failure to notify all parties from the beginning will cause problems for corporations when seeking reimbursement for their costs against the owner. There have also been issues around getting enforcement orders against tenants. Don’t rely on the owner to communicate breaches to the tenant.

Update indemnification provisions. Use specific language in governing documents, stating the owner is responsible for any costs incurred by the condo, even if the tenant is in breach, and the condo is not required to collect from the tenant.

Costs ordered against tenants are difficult to collect; however, costs ordered against owners can be added to the common expenses.

Obtain completed owner and tenant information forms and update them on a yearly basis.

Give owners a reasonable opportunity to take steps to fix the problem. If not, there is a good chance it will affect your ability to be reimbursed for costs.

Cooperate with owners who are taking steps to evict a tenant under the Landlord and Tenant Board. Provide them with evidence and information they require.

Know your boundaries when it comes to enforcement and dealing with tenants in condos. There is no contractual relationship between the condo and the tenant. The condo’s ability is limited to breaches of the Condo Act and governing documents.

Name the correct parties in legal proceedings. Tenants are not allowed to bring applications against owners or condos under the CAT. Only owners and condos can bring applications against the tenants. Name both tenant and owner as respondents in those applications.

Eviction is a very strong remedy. The CAT has no authority to evict a tenant. Courts can remove tenants under Section 134 (4) of the Act if the tenant has contravened an order under Section 134 or has not paid the amounts due under Section 87.

The Condo Act’s Section 87 is a ‘secret weapon’ for collecting expense fees. It is another enforcement tool that condos can use only when a unit is a rental unit. If common expense fees go unpaid, it allows corporations to notify the tenant to direct their rent to the condo to cover arrears. 1

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WATER SAFETY PRECAUTIONS

BY ASHLEY WINBERG

Pursuant to Sections 26 and 117 of the Condominium Act, 1998, S.O. 1998, c. 19 (the “Act”), a condominium corporation that has a body of water on its common elements has an obligation to ensure that the presence and use of the body of water does not result in an increased risk of injury since the condominium corporation is deemed to be the “occupier” of its common elements for liability purposes.

A condominium corporation’s duty as the occupier of its common elements is set out in Section 3 of the Occupier’s Liability Act, 1990, R.S.O. 1990, c. O-2 (the “OLA”) and imposes an affirmative duty on a condominium corporation to ensure that its common elements are reasonably safe by taking reasonable care to protect persons while on the common elements from foreseeable injury.

The obvious foreseeable injury associated with any body of water is drowning; however, it is also foreseeable that a body

of water and/or the area surrounding it could cause other water-related injuries, such as spinal cord injuries, concussions, traumatic brain injuries and fractures. For example, diving in shallow water could cause a person to hit their head on the bottom of the body of water, which could result in spinal injury. At the same time, running and slipping on a pool deck could result in drowning as well as a concussion.

Accordingly, the “spring clean-up” at a condo corporation with a body of water on its common elements should include a review of the safeguards in place to protect persons on the premises from the foreseeable risks associated with the body of water and the surrounding area. At a minimum, the condominium corporation should ensure that:

1. Visible “No Diving” signs are posted in the vicinity of any shallow areas.

2. “No Running” signs are posted around the pool deck and/or dock.

3. If the body of water is an outdoor pool that is not supervised by lifeguards, an appropriate notice regarding that is displayed within the pool enclosure area. 1

Ashley Winberg is one of the leading corporate condominium lawyers in Ontario and is the Head of Corporate Practice at Pulver on Condos. Ashley has assisted a diverse array of clients throughout Ontario on all matters relating to condominium governance and management. Today, Ashley’s practice is largely focused on complex post-turnover issues related to shared facilities, human rights, employment, expropriation, workplace violence and harassment, construction deficiencies, occupational health and safety, aging and mental health, and municipal planning and compliance. Ashley can be reached at ashley@ pulveroncondos.com.

Residing at a condominium that is situated on a lake or has an outdoor pool is a huge perk in the spring and summer months; however, this perk comes with a significant amount of risk exposure for the condominium corporation.

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COMMUNITY ON THE RISE

A look at Almadev's masterplan for Lansing Square

LSQ1 is the first phase with a total of 462 condominium residences, rising at the corner of Sheppard Ave. and Victoria Park. Designed by Wallman Architects, the façade features an intricate pattern of zigzags using metal panels and is punctuated with bold black and white alternating balconies.

vast and vacant parking lot on Sheppard East in North York will become a brand new 15-acre mixeduse community replete with 1,600 residential units (160 of which are tagged as affordable rentals), a new 180,000-square foot commercial building and 50,000 square feet of retail space, including a 1.2-acre park.

As the population rises in Toronto, it’s rare to see a development that promises “a significant focus” on family-sized units to meet the growing demand. Almadev, the developer behind LSQ, which stands for Lansing Square, is doing so beginning with LSQ1, a 43-storey condo that will become a gateway into the eastern edge of North York.

Rafael Lazer, CEO of Almadev, says a variety of diverse units across the community will include two-bedrooms that could be over 1,000 square feet to three-bedrooms of 900 to 1,200 square feet. The idea is to cater to families with various housing types, from high-rises to low-rise stacked townhomes, while creating a pedestrian-friendly neighbourhood with new bike lanes and a public road network built for easy in-and-out access.

“We’re building for families, for a community, not just a bunch of towers,” he says. From the centrally-located park to the retail space, everything will blend together.”

The project will enliven the once-suburban area much like Almadev’s recently completed Emerald City community that stands minutes away at Don Mills Road and Sheppard Avenue. The 32-acre, ninetower community created nearly 3,000 residences within North York’s Sheppard corridor. The Parkway Forest Community Centre on-site, which Almadev created for the City of Toronto, is just one exterior amenity for families of LSQ to tap into.

And it’s not just families the development is geared for. Nine buildings in total will rise in the Consumer Road Business Park, the second largest employment node in the Greater Toronto Area, which is targeting a mix of uses for future growth. That comes with replacing offices that were previously on site while preserving employment uses.

BY REBECCA MELNYK

For instance, while two small office buildings were demolished to make room for four residential towers, in place of them will rise another office complex that adds even more commercial space than its predecessors. Two existing office buildings will stay.

New amenities include self-storage areas for the community, groundfloor retail with cafes and other offerings to activate LSQ after hours. Extra parking spots for employees, visitors and residents will ultimately replace the whole parking lot that currently exists.

“Parking lots are not an efficient way to maximize the benefits of the land and help the housing situation,” says Lazer. “But we are consolidating those parking spots into one parking structure and freeing-up those spaces.

Building homes there will also factor into the trendier live-work-play mentality, as many workers have become less enthusiastic about commuting far from home, including to a downtown Toronto office space. 1

A

A RESIDENT’S ROLE IN THE FIRE SAFETY PLAN

Reducing complaints and inquiries during and after an alarm

BY JASON REID

Complaints

and inquiries during and after a fire alarm often occur without a basic understanding of life safety systems and the work of on-site security and concierge staff during an emergency—which doesn’t involve answering phones.

Typical oversights among residents can include: assuming an alarm is false, waiting to evacuate once the fire department pulls its hoses off the truck, or calling the concierge when the alarm goes off to inquire about procedures.

For all high-rise buildings in Ontario, fire safety plans are required by Section 2.8 of the Ontario Fire Code. The Code states, “a fire safety plan shall be prepared, approved, and implemented in buildings and premises.” This implementation is a vital component as it demands that responsibilities are distributed to everyone in the building—including residents.

Residents should have a basic understanding of the following to make informed decisions and protect others:

• The varied life safety features and systems in a building.

• How these features impact resident safety. Not all buildings are the same. There are limitations of having only one smoke alarm in a suite. Additional smoke alarms should be considered for better protection.

• The vital role of building operations and security personnel when a fire alarm goes off. Residents can often flood the security desk, not knowing what to do.

• The decision to leave a suite during a fire alarm is that of the resident, after reviewing evacuation procedures found within the building’s approved fire safety plan. This includes discussing human behaviour during fires, challenges of the fire department response in high-rise buildings, and emergency preparedness for persons requiring assistance during evacuations. This allows residents to make informed decisions before the fire alarm sounds. The only way to achieve this is to engage and communicate the roles and responsibilities in advance of an emergency.

• Understand and feel comfortable with their options in the event that they cannot leave due to smoke or fire. For example, to properly “defend in place,” residents must ensure they have materials needed for assistance—duck tape, towels, water, etc—and how these items are deployed.

How Have Residents Been Engaged in the Past?

At all high-rise residential buildings, emergency procedures are

For a high-rise fire safety plan to be effective in 2023, residents must be aware of their unique roles and responsibilities when it comes to preventing, preparing and responding to fire emergencies.

posted prominently on every floor, typically located at every fire exit in the building.

Property managers communicate the applicable pages of the plan to occupants after the fire safety plan has been approved, as part of their implementation requirements, and again every 12 months to provide regular reminders to residents.

The above serves to meet the requirements of the Fire Code – if emailed, the plan may not be read or shared with others within a suite.

Educating Residents

After their initial training, building staff are required to conduct quarterly fire drills to test their action and must maintain proof of this training and ongoing testing. On the other hand, there is no training requirement for residents who, nonetheless, should be able to confidently react during an emergency.

Hosting an annual resident education session at a building, typically held in the building’s party room during the evening, brings an opportunity to review procedures and ask questions.

This can expand upon current trends derived from post-fire investigations, lessons learned and fire prevention over the past year. Learning from the actions or inactions of occupants and staff at other high-rise fires can strengthen emergency preparedness planning.

These sessions should be site specific and delivered by those who are intimately familiar with the building’s fire safety plan. Many property managers hold annual education nights, through wine and cheese events, and even virtual sessions have been completed to capture everyone in the building.

Additionally, this session involves reviewing how persons requiring assistance (PRA) during a building evacuation are to respond and prepare. PRAs may be described as anyone who has reduced mobility, a speech, hearing or visual impairment, or a cognitive limitation, regardless of whether it is temporary or permanent.

In Ontario, the building owner is required to work with residents to develop a list of PRAs and ensure that these residents are aware of their roles, responsibilities, and procedures, as outlined within the approved fire safety plan.

In the event of an evacuation, the PRA list, along with a copy of the fire safety plan, is to be made available to municipal emergency services upon their arrival. Residents requiring special assistance need to have their questions answered in advance of an emergency and the in-person educational sessions are an excellent format to do so.

When should these educational sessions be held?

The ideal time is in October or November—just before the colder months when a high percentage of fire fatalities occur.

A common challenge for property managers is encouraging residents to participate in fire safety initiatives, either in-person or virtually.

Unfortunately, many residents are under the impression that fire safety is the responsibility of the management team only. They’re either not aware of the important role that they play, or the management has not suitably engaged them in this effort.

Developing a fire safety plan and program, educating everyone, and continually reviewing the program are essential components to keep a high-rise building as fire-safe as possible. 1

Jason Reid is the senior adviser for Fire & Emergency Management with National Life Safety Group in Toronto. He has worked with international embassies, government, public and private sector critical infrastructure facilities; commercial/residential high-rise buildings; world class shopping centres and mass assembly facilities. He can be reached at: jason.reid@nationallifesafetygroup.ca Main: 647-794-5505 Toll Free: 1-877-751-0508 www.nationallifesafetygroup.ca.

“Learning from the actions or inactions of occupants and staff at other high-rise fires can strengthen emergency preparedness planning.”

DESIGNING A SUCCESSFUL PRIVATE TERRACE

the population aging and

BY KENT FORD

in real estate will continue to fuel the demand for condos. Higher-end condos with large terraces may also be more prevalent, with many private owners scratching their heads as to what to do with them.

longer,

With

living

downsizing

On the opposite side of the spectrum, condominium property managers may also be at a loss as to what to demand of their owners in terms of approving a proper renovation plan.

Draft a plan

The first step is to have a landscape architect draft up a preliminary plan for the terrace or balcony renovation. Three dimensional colour renderings can go a long way to help visualize the design vision for its audience. Any landscape terrace plan design will have to be done based on an accurate architectural base plan. Such drawings should be readily available from the developer or, if need be, the local building department. A site inventory is then required to take into account what may be missing from the architectural base plan, namely:

1. Location of large and small metal plates which cover the anchor points for window cleaning scaffold and safety belt tie off ropes.

2. Existing hose bibs, exterior GFI outlet locations, gas bibs.

3. The existing exterior ‘floor’ materials and the composition of the supporting base material beneath them.

4. All area drains and general pitch (or lack of it) of the ‘floor’ materials.

Preliminary design

Just as with any outdoor living design on the ground level, a condo terrace or balcony design must be practical in its approach. Let form follow function when considering the following:

1. Short and long-term seating areas such as lounging and dining areas.

2. Food preparation such as a BBQ and outdoor kitchen.

3. Screening undesirable views and focusing on good ones.

4. Barrier-free and handicap access to and from the interior of the condo.

5. New flooring treatments such as replacing the builder’s unit slabs, introducing wood decking tiles to sit on existing slabs and outdoor sisal carpets.

6. Permanent new planters from portable urns up to sizable permanent planters.

7. Water element.

Reality checks

All preliminary plans must be reviewed by management and the corporation’s engineers for the following:

1. Acceptable load capacity for all new structures, in particular any proposed planting structures, new urns and containers and the weight of hot tubs and spas.

2. Wind analysis: any new vertical element on the terrace must be analyzed for structural soundness in terms of adequate anchoring to the existing terrace floor and/or structural concrete slab beneath. This is a critical point to all terrace design, private and common elements. Wind is especially an issue when the building is grouped with other high-rises, and when wide open to prevailing winds. Wind patterns move up and down the sides of high-rise towers, from the south in summer and northwest in winter. Any proposed vertical element such as privacy panels must be anchored structurally while not penetrating the structural concrete slab beneath.

3. Analysis that any proposed architectural element such as vertical panels, overheard arbors, outdoor BBQ and kitchens and storage units do not adversely affect the appearance of the building from adjacent residents and to passersby on the street.

4. Clearance from all steel plates covering the anchor points for roof cleaning equipment and clearance in all directions for the ‘arms’ and ropes that are anchored at these locations to be brought in during spring and fall window cleaning.

5. The ability for the terrace floor to handle the new normal of monsoonal spring and summer rains in such a way that doesn’t overwhelm the existing terrace area drains. 1

Kent Ford is a landscape architect and founder of KFDG Inc., an award-winning landscape design and project management firm specializing in the renovation of private and common element condo spaces. He can be reached at kent@kentforddesign.com, 416 360-7175 and at www.kentforddesign.com

A very large corner terrace proposal located in Yorkville. Issues of wind are quite pronounced. The steel panels, water wall and fireplace are all anchored to a structural slab poured over top of the existing structural slab beneath.

Cozy Condos Spur Storage Facility Surge

Cozy condo units are linked to the rising profile of storage facilities among real estate’s alternative asset classes. Recent data from Ontario’s Municipal Property Assessment Corporation (MPAC) shows approximately 4.2 million square feet of commercial selfstorage space has been added to the market in the province since 2019, for a growth rate of nearly 9 per cent.

Greg Martino, MPAC’s chief valuation and standards officer, correlates that to other provincial assessment data revealing that the average condo unit in Ontario is now 35 per cent smaller than in the 1990s. Meanwhile, more than 14 million square feet or about 38 per cent of the total self-storage supply is located in Ontario’s four largest cities — Toronto, Ottawa, Mississauga and Hamilton — which also boast the greatest concentration of condominiums.

“Along with condominiums providing less space to store personal possessions, the pandemic may have also added to this trend, with more people working from home, looking to store items that have accumulated in their living spaces, downsizing or undergoing renovations,” Martino theorizes.

Toronto offers up the most storage facility supply with more than 8.3 million square feet. Land costs and space constraints are figuring into the format of new developments.

“We’re seeing multi-storey buildings with sophisticated facades that allow them to blend into urban areas,” Martino reports.

One-Stop Guide for EV Charger Grants

Prospective investors in electric vehicle (EV) charging equipment can now look to a one-window guide of the grants available through various Canadian government programs. The new online reference hub has been designed to steer businesses, not-for-profit groups and municipalities to applicable options coordinated by Natural Resources Canada (NRCan), Canada Infrastructure Bank (CIB) or designated delivery agents of the zero-emission vehicle infrastructure program (ZEVIP).

Current programs are targeted to a range of potential proponents from landlords seeking to install EV charging stations in commercial or multifamily buildings to developers of commercial-scale EV charging operations to municipalities investing in zero-emission transit fleets. The new reference hub includes a basic questionnaire to help identify the best fit for funding candidates’ needs, and provides a gateway to details and application processes for each program.

“Investments in infrastructure that accelerate Canada’s transition toward net-zero are a key element of the CIB’s mandate,” affirms Ehren Cory, chief executive officer of Canada Infrastructure Bank, which collaborated with NRCan in the development of the online guide.

The site also features a portal for recruiting organizations potentially positioned to coordinate and deliver ZEVIP funding in their communities or regions. For EV drivers, it offers a locator app to identify EV charging and alternative fuelling stations throughout Canada and the United States.

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