Quarterly Report - Association of Condominium Managers of Ontario

Quarterly 

Report 

2005 ACMO/CCI CONDOMINIUM CONFERENCE FEATURES ETHICS, 

ACMO 2000 MENTORING AND SMART METERS 

Conference Session Will Ask 

and Answer Questions Including 

“Is Management Hard of Hearing” 

and “Is the Board too Obstinate”? 

T 

HE 

NOVEMBER ACMO/CCI Condominium 

Conference at the Doubletree International 

Plaza Hotel in Toronto is featuring five 

sessions of particular interest to managers and 

management companies this year. 

On Friday, November 4, the opening plenary 

is entitled “Directors’ Super Session.” 

Amongst the subjects to be discussed are “15 

things we want from our manager, 8 things directors 

should not expect from their manager, 

10 things managers want from directors.” Also, 

“10 Words of Wisdom from ACMO’s CM Magazine” 

will be revealed by a panel of mostly 

property management company executives. 

The panel will also present the Funniest Jokester 

Award. 

At a later session, “Board Accord – Board/ 

Manager Relations,” the speakers will ask and 

answer: “Is management hard of hearing? Is the 

board too obstinate? Have the lines of communication 

broken off completely?” The experts will 

help to address these and other problems, so the 

board can start getting some real work done. 

That afternoon, also, the ACMO 2000 program 

will be championed with a marketing and assistance 

plan to help members meet the ACMO 2000 

certification requirements. This program will be 

mandatory for ACMO property management 

member companies on December 31, 2006. 

Another afternoon session, “Ethics for Property 

Managers and Others,” asks the question, 

“Does ACMO’s Code of Ethics compare favourably 

to other codes of similar repute?” A panel 

of experts will delve into this and other issues. 

On Saturday, November 5, a panel of speak- 

ers will discuss “Effective Communications – 

Community Websites and Newsletters.” The 

workshop will show managers and directors 

how to effectively communicate through the 

use of interactive community websites and professional 

newsletters. 

Other popular sessions will include the plenary 

closing, “Annual Big Bash Experts Panel – 

Case Law Update,” with 10 condominium lawyers 

(sometimes referred to as “The Gladiators”) 

presenting the latest court decisions that will 

shape our industry. 

A Friday morning session on smart meters 

and sub-metering will include among its speakers 

the Parliamentary Assistant to the Minister of 

Energy, Donna Canfield. Smart meters are 

likely to become mandatory in condominiums 

in the near future. 

On Friday afternoon, the popular wine and 

cheese party with exhibitors will be open to all 

delegates. Lunches are also included on both 

days – buffet with exhibitors on Friday and a 

formal luncheon on Saturday. Continental 

breakfast with exhibitors is also available at 8 

a.m. on Saturday. 

A full trade show is open Friday in the ballrooms 

and the foyer. Booths in the foyer will also 

be open on Saturday from 8:00 a.m. to 1:00 p.m. 

For information about the conference, call 

416-491-6216, fax 416-491-1670 or email info@ 

condoconference.ca. For hotel reservations, call 

416-962-2727, fax 416-962-3199 or email info@ 

destinationtoronto.ca. 

Conference sponsorships may still be available.❏ 

3rd Quarter 2005 

QUARTERLY REPORT 

is published for ACMO by 

Association Concepts 

Editor: Denis Olorenshaw 

ASSOCIATION OF 

CONDOMINIUM MANAGERS 

OF ONTARIO 

6835 Century Avenue, 2nd Fl. 

Mississauga, Ontario L5N 2L2 

Phone: 905-826-6890 

1-800-265-3263 

Fax: 905-826-4873 

E-mail: rcm@acmo.org 

Web: www.acmo.org 

Canada Post Publication 

Agreement Number 1585231 

The information and opinions 

contained in ACMO Quarterly 

Report articles are brief summaries 

of sometimes complex 

topics provided by the authors 

and the publisher without any 

liability whatsoever. Readers 

should obtain expert advice in 

specific situations. 

Inside 

5, 10, 20, 25-year Members ..... 2 

Condodefinitions ...................... 2 

MondoCondo TV Program ......... 3 

Pool People Product Seminar ..... 3 

President’s Award for 2005 ....... 5 

New ACMO Board and Chairs .. 6 

Going to Court Too Costly ......... 6 

Garbage Fees for Condos? ........ 6 

ACMO Committee Reports ........ 8 

Get Criticized! ........................ 12 

AGM Sponsors ....................... 12 

ACMO Events ......................... 12 

People, Places & Products ........ 12 

New Members ........................ 13 

Opinion ................................. 14 

Board Confidentiality .............. 15 

Cruise Pix ............................... 17

ACMO 5- to 25-year Memberships Announced 

AS OF JUNE this year, ACMO is proud 

to acknowledge and thank the following 

who have been members of the Association 

for 5, 10, 20 or 25 years: 

25-year Members 

Peter Webb, RCM, Property Management 

Guild Incorporated 

C.G. Maintenance & Sanitary Products 

Inc. (Associate) 


Thomas Lepage, RCM, LePage 

Management Inc. 

Sandra Rutsch, RCM, Sanderson 


Steven Woroz, RCM, Woroz Management Inc. 

Cogeco Cable Canada Inc. (Associate) 

Coinamatic Canada Inc. (Associate) 

Kleinfeldt Consultants Limited (Associate) 


Joan Agnew, RCM, Condos Plus Property 


Mark Cianfarani, RCM, Vista Property 


Linda Francis, RCM, Arnsby Property 

Management 

Catherine Green, RCM, Catherine Green 

& Associates 

Carla Guthrie, RCM, M.F. Property 

Management Ltd. 

Lynne Holmes, RCM, Larlyn Property 


Michael Holmes, RCM, Larlyn Property 


Larry Holmes, RCM, Larlyn Property 


Barry Jones, RCM, Simerra Property 


Peter McClelland, RCM, Alliance Realty 


Brian McKeown, RCM, Shabri Properties Ltd. 

Melanie Pinto, RCM, Brookfield 

Residential Services Ltd. 

Lorraine Pruski, RCM, Brookfield 


Frank Puchiele, RCM, Canadian Property 

Management Services Inc. 

Robert Reay, RCM 

Gail Stone, RCM, DEL Property 


Brian Szuberwood, RCM, University of 

Toronto, Capital Projects 

Canadian Property Management Services, 

(Corporate) 

Fengate Property Management Limited, 

(ACMO 2000 Corporate) 

Greenwin Property Management Inc., 

(Corporate) 

Ron Labelle & Associates Inc., (Corporate) 

Wilson, Blanchard Management Inc., 

(Corporate) 

BEST Consultants Martin Gerskup Arch. 

(Associate) 

Carmichael Engineering Limited (Associate) 

Durock Alfacing International Ltd. 

(Associate) 

Fujitec Canada Inc. (Associate) 

Group 4 Falck (Canada) Limited 

(Associate) 

Mac 1 Industries Ltd. (Associate) 

SPG Engineering Group Ltd. (Associate) 

Unique Restoration Ltd. (Associate) 


Chris Antipas, RCM, Brookfield 


Vatchik Balasan, RCM 

Leslie Berall, RCM, Comfield Management 

Services Inc. 

Marco Cianfarani, RCM, Wilson, 

Blanchard Management Inc. 

Harold Cipin, RCM, DEL Property 


Madge Comba, RCM, Larlyn Property 


Allen Cooper, RCM, Pro House Swiss 

Cdn. Mgmnt. Co. Ltd. 

CONDODEFINITIONS 

John Damaren, RCM, Malvern 

Condominium Property Management 

Diana Dodokin, RCM, Brookfield 


Bonnie Miethig, RCM, Simerra Property 


Roxana Niculescu, RCM, Morguard 

Residential Inc. 

Rudy Petershofer, RCM, Brookfield 


Ralph Raike, RCM, Ralph Raike Condo. 

Management 

Mike Salnek, RCM, Pro Guard Management 

Larry Turk, RCM, Turk Management Group 

CLP Property Management Inc., (ACMO 

2000 Corporate) 

P. David Holt Limited, (Corporate) 

Maple Ridge Property Management, 

(Corporate) 

Pro-House Management Limited, 

(Corporate) 

Reid Property Management Ltd., (Corporate) 

Vero Property Management Services, 

(Corporate) 

Comstock Canada (Associate) 

Induspray Inc. (Associate) 

Investors Group Financial Services Inc. 

(Associate) 

Onyx-Fire Protection Services Inc. 

(Associate) 

Provident Energy Management Inc. 

(Associate) 

Quality Allied Elevator (Associate) 

Tri-Can Contract Inc. (Associate) 

See pages 15 to 17 for photos. 

Who or What is the Declarant? 

THE DECLARANT (otherwise called the 

developer) owns a property that is 

being developed for use as a condominium. 

The declarant is the one to work with 

architects, lawyers and property managers 

to put together a proposed set of condominium 

documents in order to sell a development. 

The declarant is the owner of 

the property up until the date of registration 

of a condominium declaration and 

description when the condominium receives 

its “name.” Following registration, 

the declarant must appoint the first board 

of directors for the corporation. 

The declarant will run the corporation 

with a board of directors until the majority 

of units have been transferred, at which 

point he is required to call and hold a 

turnover meeting at which the owners of 

the corporation elect a board of directors. 

The declarant will continue to have a 

relationship with the condominium long 

after turnover to ensure that it meets its 

obligations to warranty the building.❏ 

2 Third Quarter 2005

New TV Program will Feature Condo 

Experts and Owners Next Year 

A 

S 

Pool People Held Product 

Seminar and Presented Awards 

to Loyal Customers 

P 

OOL 

PEOPLE recently held a new product 

and regulation seminar for more 

than 150 architects, engineers, mechanical 

contractors and property managers. The 

company designs, and contracts for, commercial 

pool facilities in the Toronto area. 

Some of the attendees received awards 

at the seminar for being loyal Pool People 

customers for more than 25 years. They 

include Wilson, Blanchard Management 

Inc., The Kerbel Group, DEL Property 

Management Inc., Brookfield Residential 

Management Services and Malvern 

Property Management.❏ 

Pictured at the Pool People seminar are award winners (from second left): Andy Atrens of 

Wilson Blanchard; Donna Evans, Kerbel Group; Saul York, DEL Property; Sandro Zuliani, 

Brookfield and Bill Thompson, Malvern Property. Paul Denstedt and Dale Papke, both of 

Pool People, are at the left and right above. 

CONDOMINIUM managers and professionals, 

we often face difficult issues 

when dealing with board members 

and residents of condominiums. 

We all know about the importance of 

education of those who provide services 

to condominium corporations, but little attention 

is given to educating the owners 

who live in condominiums. 

For example, ACMO has taken the initiative 

for the condominium management industry 

by introducing the ACMO 2000 certification 

program, which sets high standards 

for property management companies. 

But what about condominium residents? 

Many owners have no concept of condominium 

life when they initially move in. 

Owners are often not aware of what the 

board of directors does and what the role 

of property management is. 

Then there are board members who 

find it difficult to understand that their responsibility 

is not to micro-manage but to 

leave management responsibilities to property 

managers. 

One of the most frustrating issues for 

managers is that there is little appreciation 

for what they do for condominium corporations 

and the great importance of having 

trained, professional management in place. 

The challenge is to educate these owners. 

Now, the executive producer of Inside 

Real Estate, the program that deals with issues 

in the Canadian real estate market, 

has offered me the opportunity to host a 

television show called MondoCondo that 

will venture into condominiums to meet 

the people. This will include all the different 

characters – property managers, professionals 

(even other lawyers), trades, 

developers, members of the board of directors 

and, of course, the owners. 

MondoCondo, currently under development 

and targeted to launch in late 

2006, will be the first TV program of its 

kind to meet the people who live and 

work in the condominium industry. It will 

reach audiences all across Canada and, 

hopefully, in the very near future, North 

American audiences. 

With production support provided by 

the producer of HGTV’s Holmes on Homes, 

the show will be about people who live, 

work and volunteer in condominium 

communities. The vision is to bring the 

condominium industry together, get their 

stories, gain an understanding of problems 

and create a new educational forum 

through entertainment. 

On November 23, 2005, a presentation 

and party to formally announce Mondo- 

Condo will be held at the York Theatre at 

Yonge and Eglinton. The event will be a 

great forum for condominium people 

across the city to connect with lawyers, 

professionals and other trades to share 

their stories and to be heard. 

Details of the event are provided on the 

website, MondoCondoShow.com. Those 

who are interested in attending the event 

may also call MondoCondo (attention: Lynn 

Morrovat of CCI at 416-491-6216). This site 

will be updated continually with information 

on the show and the November presentation.❏ 

The author of this article, Denise M. Lash, 

is a condominium lawyer with Miller Thomson 

LLP in Toronto. 

Quarterly Report 3


John Warren, CPA, (centre) receives the ACMO President’s Award for 2005 from president 

Harold Cipin (left) and retiring president Laura Lee. 

AN OPPORTUNITY 

TO EXHIBIT AT THE 

ACMO/CCI CONFERENCE 

IN NOVEMBER 

THIS YEAR’S trade show at the annual 

ACMO/CCI Conference in November 

will feature a new one-day or two-day 

format. One day only for those exhibitors 

selecting a booth in the Plaza 

Ballrooms, on Friday, November 4, 

from 10:15 a.m. to 6:00 p.m. For exhibitors 

in foyer booths, it will be a 

two-day show – Friday, November 4, 

10:15 a.m. to 6:00 p.m., and Saturday, 

November 5, 8:00 a.m. to 1:00 

p.m. There will be 35 booths available 

in the ballrooms and 33 in the foyer. 

For information, call the conference 

office at 416-491-6216, fax 416-491- 

1670 or e-mail tradeshow@acmo.org. 

Booths are assigned on a first-come-firstserve 

basis when deposits are paid. 

Richard A. Elia, B.Comm., LL.B., LL.M.(ADR), A.C.C.I. 

Condominium/ADR/Real Estate 

Patricia E. Elia, B.Comm., LL.B. 

Condominium/Corporate/Banking/ADR/Privacy 

Comprehensive 

Cost Effective 

Creative Legal Solutions 

Richard A. Elia 

Benjamin J. Rutherford, Hons.B.A., LL.B. 

Condominium/Civil Litigation 

ALYSSA MINSKY, B.A., LL.B. 

Condominium/Civil Litigation/Employment 

Carol A. Cameron, LL.B. 

Counsel 

Marc A. Bhalla, Hons.B.A. 

Law Clerk 

In the area of condominium law, we offer: 

15 Coldwater Road, 

Toronto, ON 

M3B 1Y8 

tel 416.446.0800 

toll 866.446.0811 

fax 416.446.0804 

e-mail richard@elia.org 

www.elia.org 

€ Declaration, By-law and Rule interpretation, amendment and enforcement 

• Comprehensive and customized common expense collection services 

• Construction deficiency and TARION advice for new condominiums 

• Policy and procedure development, including information management 

and enforcement policies 

• Complete negotiation, ADR and litigation services 

• Support for unit owners’ and directors’ meetings 

• Educational seminars, including director education and property 

management legal updates 


2005/06 ACMO 

BOARD OF DIRECTORS 

AND CHAIRS 

President: Harold Cipin, RCM 

Vice-President: John Damaren, RCM 

Treasurer: Chris Antipas, RCM 

Secretary: Laura Lee, RCM 

Directors 

Michael Holmes, RCM 

Susan Howard, RCM 

Allan Rosenberg, RCM 

Andy Wallace, RCM 

Scott Wilson, RCM 

Committee Chairpersons 

AGM: Harold Cipin 

Certification and Standards: Chris 

Antipas and John Damaren, co-chairs 

Communications: Susan Howard 

Ethics: Susan Howard and Allan 

Rosenberg, co-chairs 

External Affairs: Andy Wallace 

Luncheons: Harold Cipin 

Membership and Marketing: Laura Lee 

Professional Development: Andy 

Wallace 

Regional Development: Michael 

Holmes and Scott Wilson, co-chairs 

Website: John Damaren and Allan 

Rosenberg, co-chairs 

Associates Committee Representative 

to Board: Roy Arluck 

Retiring ACMO president Laura Lee, RCM, 

(right) receives an appreciation plaque from 

new president Harold Cipin for her service 

on the ACMO Board of Directors. 

Top Lawyer Says 

Going to Court 

Too Costly! 

A 

N 

OTTAWA lawyer, George Hunter, 

says going to court has become so 

expensive and time-consuming that Ontario 

residents with legal problems can no 

longer turn to the justice system. 

According to Metro Toronto, the lawyer 

blamed governments, lawyers and the judiciary 

for the situation, claiming it is “a 

singular failure within our society.” He 

thinks the province’s law society can do 

several things to help fix the problem.❏ 

TORONTO CITY WORKS COMMITTEE PROPOSES 

TO IMPOSE GARBAGE FEES ON CONDOS 

TO REDUCE garbage collection from condominiums, the Toronto Works Committee 

is proposing a plan that would impose fees on condos that fail to reduce their 

garbage going to dump sites, according to Metro Toronto newspaper. 

This proposal was still to be approved by City Council, as of the end of June. 

The ACMO External Affairs Committee is monitoring this situation and the impact 

of garbage legislation on the condominium industry, Andy Wallace, chair of 

the committee, reports. 

Executive Director 

Amanda Curtis, CAE 

New ACMO president Harold Cipin, RCM 

The new ACMO Board of Directors for 2005/06 (from rear left): Allan Rosenberg, RCM; Roy 

Arluck (ACMO Associates chair); Michael Holmes, RCM; Chris Antipas, RCM; Andy Wallace 

RCM; John Damaren RCM. Front: Amanda Curtis, CAE (ACMO Executive Director); Susan 

Howard, RCM; Harold Cipin RCM (president); and Laura Lee, RCM. Missing from this photo 

is Scott Wilson, RCM. 



ACMO Board Committee Reports Reveal Many 

New Initiatives to Improve Member Services 

2004/05 BOARD committee reports were 

filed for the 28th ACMO annual general 

meeting in May. This is a summary of most 

of the reports. 

Associates Committee, 

2004/05 

Committee Mandate: To provide an effective 

liaison between the condominium property 

managers and management companies 

and the trades, suppliers and professionals 

who service the condominium community 

and to actively promote ACMO. 

The committee commended Laura Lee, 

president, and the ACMO Board for all 

their accomplishments in 2004/05. 

The committee also lauded the Board 

for the initiatives taken in revitalizing the 

ACMO 2000 corporate certification program. 

The Associates believe this is a 

monumental enhancement to the life and 

professionalism of ACMO. 

Harold Cipin has provided great support 

and guidance to our committee on 

behalf of the Board. The Associates Committee 

has been very active in supporting 

the Board’s committees as well as providing 

successful social events such as the 

pub nights, boat cruise, and popular golf 

tournaments in Toronto and London. 

The ACMO Associates Committee consisted 

of: Roy Arluck – chair; Jose DeOliveira 

and Chris Jaglowitz – Government 

and Legal Committee; John Warren and 

Jeff Jeffcoatt – Professional Development 

Committee; Jason Tower and Robert 

Thackeray – Regional Development Committee; 

Sean Foley and Brian Horlick – 

Communications Committee; Ed Spandlick 

and Richard Lyons – Luncheon Committee; 

Bruno Suppa and Jim Bunting – 

Membership Committee; Michael Wynne 

and Lisa Kay – Social Committee. 

Roy Arluck, chair 

Communications Committee, 

2004/05 

Committee Mandate: To ensure effective 

communication of ACMO activities within 

the Association, to the condominium community 

and to the general public. 

The Communications Committee meets 

twice per year. The members of this committee 

need a vote of thanks for their participation. 

Members were Maria Finoro, 

Eve Taylor, Nancy King, Tom Park, 

Heather Fitzgerald, Denis Olorenshaw 

and CM editor, Dianne Werbicki-Bell. 

With Denis Olorenshaw and our editor, 

Dianne Werbicki-Bell, the publications 

generated by ACMO are well-presented 

and well-read. Dianne is continuing to 

bring some fresh ideas to the look of CM 

PERFORMANCE 

AUDITS 

PROJECT 

MANAGEMENT 

RESERVE FUND 

STUDIES 

RETROFITS, 

MODERNIZATION 

MOULD 

REMEDIATION 

INFRARED 

THERMOGRAPHY 

YOUR ENGINEERING CENTRE 

70 Haist Avenue, Woodbridge, Ontario, L4L 5V4. Phone 1-888-348-8991, fax 905-856-1455 


and we are looking forward to continued 

improvements. The Communications Committee 

works with these people to choose 

themes, provide ideas and when necessary, 

the chair takes to the ACMO Board of 

Directors any issues that require their discussion 

and approval. 

The past year has been busy. The 25th 

anniversary issue of CM magazine was 

well received and well done. Work on the 

RCM files is progressing slowly as we continue 

to investigate subjects that would 

benefit the majority of our managers. Current 

files include newsletters and welcome 

letters. These publications are now 

included in the binders given to new 

RCMs. 

While working on preparing this current 

budget, we continued to bring balance 

into the CM rate card prices for the 

smaller vs. the larger ads. This balancing 

will continue into next year as well, at 

which time we will be on target. 

Again our thanks to everyone working 

on behalf of the publications for ACMO. 

Susan Howard, RCM, chair 

Ethics Committee, 2004/05 

Committee Mandate: To ensure that there 

is compliance with the ACMO Code of Ethics. 

To review and revise as required the 

ACMO Code of Ethics and the accompanying 

review and compliance procedures. 

The 2003 comprehensive review of 

ACMO complaints procedures and disciplinary 

practices was brought to conclusion 

with the approval of related sections 

of the Association bylaw at our 2004 Annual 

Meeting. 

Since that time the newly-formed Ethics 

Committee has reviewed and taken appropriate 

action on all open files. In 

almost all cases these files have now been 

closed. 

In late 2004, there was agreement to 

expand the Ethics Committee to enable 

prompt response to ethical matters by an 

unbiased committee of senior and respected 

condominium professionals. This 

committee will determine when there has 

been a breach of ethics and, if so, will refer 

the matter to an independent disciplinary 

committee. 

ACMO is committed to the advancement 

of professionalism and quality performance 

by condominium property managers 

and management companies. The 

Ethics Committee will continue to work to 

uphold this goal and to improve processes 

for addressing complaints that are brought 

to the attention of our Association. 

Harold Cipin, RCM, chair 

Luncheon Committee, 2004/05 

Committee Mandate: To provide a series of 

presentations in all areas of Ontario, 

where demand warrants, in order that 

members may gain knowledge and share 

experiences. 

The Luncheon Committee continued to 

provide speakers on current issues and 

advance information to keep our members 

on the cutting edge of the everchanging 

condominium industry. We continued 

to: 

• Post all upcoming events on the 

ACMO web site; 

• Have luncheon tickets that can be 

sold as a season subscription, the perfect 

gift for Associates to give to managers; 

• Give discounts to anyone who brings 

a table of 10 people. Also, if a booklet of 

10 tickets is purchased, a 10% discount is 

given; 

• Create more diverse subjects promoting 

discussion amongst attendees; and 

• Hold other luncheons outside Toronto 

(Ottawa, London and Guelph). 

During the past year the Luncheon 

Committee has strived and succeeded to 

create an informal setting where Associates, 

Corporate members and property 

managers can obtain up-to-date information 

and also network with other colleagues. 

The committee has achieved success 

with the following during 2004: 

• Introduced Registered Condominium 

Managers as speakers, teamed up with the 

main speaker at luncheons, providing a 

well-rounded informative event. 

• Maintained a semi-permanent location 

at the Richmond Hill Golf & Country 

Club with quality food, elimination of 

parking problems, and provision of an upscale 

environment for all members. Now 

members know precisely where each luncheon 

will be without having to research 

the location or worry about parking. 

• Prescheduled topics and speakers for 

a full year. 

• The introduction of a program for 

companies to sponsor a particular luncheon 

event. 

• Introduced a program that includes 

direct contact with members who do not 

regularly attend ACMO luncheons. 

• Elimination of the category of nonmembers 

– either a member or a guest. 

With these improvements, the Luncheon 

Committee is pleased to announce 

that attendance has increased over the 

past year and feedback from all participants 

has been positive. The support of 

(COMMITTEES continues on page 10) 

Two new RCMs (from left), Janice Mark and Sam Pooya, received their certificates at the 

June ACMO luncheon. New Associate members: ProFire Safety Services, Alpha Oil Inc., Read 

Air Mechanical Services Ltd. and Buchan, Lawton, Parent Ltd. (consulting engineers) with 

their certificates. 


(COMMITTEES continued from page 9) 

managers and Associates in making this 

happen is greatly appreciated, and I am 

confident this momentum will continue. 

As my position on the Board of Directors 

comes to a close, I take this opportunity 

as the Luncheon Chairperson to thank 

the following people: Ed Spandlick, Henry 

Dwinnell, Gabriella Shand, Masako 

Warren, Katherine Krul and Amanda 

Curtis. 

All of these individuals have made a 

great contribution organizing ACMO luncheons 

for the past three or more years. In 

addition, I would like to thank all speakers 

for giving their time and knowledge to 

enlighten us with their expertise. It takes 

specially-gifted individuals, who understand 

the need to educate others, to volunteer 

their services at no cost in order to 

benefit our members. ACMO is very honoured 

and greatly appreciates their contributions. 

I have enjoyed my time serving you 

and am confident that my successor will 

continue to enrich and develop these important 

and vital functions. 

Shelley Hutchinson, RCM, chair 

Membership and Marketing 

Committee, 2004/05 

Committee Mandate: To identify, develop 

and market services which will provide 

value to current members; and to identify 

and develop plans to increase membership 

throughout Ontario. 

Committee members were: Harold 

Cipin (chair), John Damaren, Caroline 

Graham, Lorraine Grima, Yehudi Hendler, 

Laura Lee, Yasmeen Nurmohamed 

and Amanda Curtis 

During the past year, the committee reviewed 

services introduced in 2003/04 and 

established goals for the future. 

Recognition and appreciation of ACMO 

members and volunteers will continue, including: 

• Framing of RCM certificates. 

• 5, 10, 15 and 25-year member awards 

and certificates. 

• Awards for exceptional service: Manager 

of the Year, Corporate Member of the 

Year, Associate Member of the Year and 

the President’s Award. 

Major objectives established for 2004 

and 2005 were to: 

• Place emphasis on profiling and branding 

in order to expand the Association. 

• Enhance existing services and expand 

on value-added services to promote 

a stronger buy-in by existing members. 

• Continue to raise the level of professionalism 

of condominium management 

across the province. 

Specific objectives identified by the 

committee included: 

• Membership collateral material will 

be completely revised in both format and 

content and presented in such a way as to 

minimize the risk of dating material. 

• The need for ACMO to advertise in 

GTA and regional newspapers (Ottawa, 

Golden Horseshoe, Barrie, Midland, Orillia, 

London, etc.). 

• Because the ACMO logo is dated, it 

will be reviewed in conjunction with the 

ACMO 2000 and Condominium Management 

Standards Council (CMSC) logos. 

• The development of a marketing 

plan – to address internal and external opportunities. 

• Clarification of ACMO membership 

categories and benefits. 

Under the leadership of John Damaren, 

recommendations pertaining to branding 


– as well as continued membership growth 

– were also brought before a new 4-C Ad 

Hoc Committee. This committee, comprised 

of leaders from four key committees 

(Membership & Marketing, ACMO 

2000 Marketing, Certification & Standards, 

and Professional Development), considered 

a number of key areas of joint responsibility. 

The outcome of the group’s 

efforts resulted in a focussed and unified 

approach to logo redesign and marketing 

plans that will increase awareness of 

ACMO and ACMO standards. 

Harold Cipin, RCM, chair 

Professional Development 

Committee, 2004/05 

Committee Mandate: To promote and provide 

the continuing professional development 

of members and to provide educational 

programs, training and information 

exchange. 

I would first like to recognize and thank 

the condominium management course instructors, 

Professional Development Committee, 

the staff at Association Concepts 

and Michael Lindsay, our education manager, 

for all the time and energy put into 

making ACMO’s education second to none. 

Together we are educating individuals 

and helping them develop a career and 

work ethic based on a firm foundation. 

We would be amiss not to recognize 

ACMO and its Board for their strong commitment 

and support to the on-going education 

of condominium managers. 

The Professional Development Committee, 

over the past several months, has 

spent considerable time evaluating and reviewing 

ACMO courses and the materials 

provided to students to ensure we use the 

most up-to-date and relevant information. 

The results of these efforts include revisions 

to the Financial and Law manuals as 

well as an RFP for the development of a 

new physical building manual. We expect 

to have all of these new materials rolledout 

by the end of this year. 

The ACMO courses remain strong, with 

a full roster of students each semester. 

Over the last year, we have added additional 

law classes each semester, resulting 

in three law classes running in each term. 

We are proud to say we have expanded 

the courses both online and in class to accommodate 

enrollment of 150 students 

per semester. In addition we have provided 

complimentary ACMO memberships 

to every student to encourage their involvement 

as early as possible. 

ACMO recognizes the value of education 

and has implemented an initiative to 

provide education across Canada through 

online courses. In addition, we have been 

approached by the University of British 

Columbia to franchise our courses on the 

west coast to assist them in meeting educational 

requirements mandated by the 

government. 

The refresher course continues to be 

popular in the preparation process prior 

to writing the RCM exam. In the last year 

ACMO has welcomed more than 60 new 

RCMs into the Association. 

ACMO is currently re-writing the RCM 

exam so it will provide for a different 

exam every time. 

Laura Lee, RCM, ACCI, chair 

Regional Committee, 2004/05 

Committee Mandate: To ensure that ACMO 

services are offered to all regions and to 

act as a resource for other committees. 

ACMO has historically been a Torontobased 

Association with the majority of its 

members active in the GTA. The Regional 

Committee was established to promote 

the services of ACMO throughout the rest 

of the province. The committee consisted 

of both managers and Associate members 

and included Jim Church, Scott Wilson, 

Gayle Sargeant, Jason Tower, Robert 

Thackeray and Michael Holmes. This 

committee, over the past year, has significantly 

increased the active participation of 

new members from across the remainder 

of the province. 

The focus of 2004 was first to expand 

committee memberships to better understand 

the needs of each region. One of 

these needs was to provide a venue for 

more networking between members. With 

a successful golf tournament held for the 

first time in London behind us, we began 

to plan an exciting 2005. 

The committee has finalized the arrangements 

for the second annual southwestern 

Ontario Golf Tournament to be 

held on Tuesday, August 30, 2005, in London. 

Based on feedback from last year, 

this event promises to surpass its prior 

success. 

A one-day mini-convention, designed 

to improve education and networking for 

managers in Eastern Ontario, is in the early 

planning stages, scheduled for fall 2005 in 

Ottawa. A similar seminar on a smaller 

scale is being planned for Windsor. 

Going forward, we are expecting not 

only to expand the committee but also the 

services and opportunities that it will provide 

to members. Your involvement could 

only make next year better. 

Michael R. Holmes, RCM, CPM, CMOC, ARM, 

ACCI, chair 

Website Committee, 2004/05 

Committee Mandate: To further ACMO’s 

Mission by delivering current and future 

ACMO services over the Internet. 

Committee members were John Damaren 

(chair), Babak Ardalan, Jim Bunting, 

Gabriel Dolnicianu, Laura Lee, Richard 

Lyons and Amanda Curtis 

Major enhancements to the website are 

currently in the works and are expected to 

be completed this fall. They will include: 

• Redesigning the ACMO website to 

bring a fresh new look to our Association 

and to provide pertinent and meaningful 

current information at all times. 

• Designing an interactive open forum/ 

chat at scheduled times with our Association’s 

professionals in a Q&A mode. 

• Introduction of banner ads to ensure 

the financial viability of the site and to allow 

greater exposure for those firms wishing 

to subscribe to the service. 

• Allowance of online registration and 

payment options for all ACMO functions, 

such as luncheons, pub nights and the 

golf tournaments. 

• Instructors will continue to add resources 

to the database, which is available 

to their peers. The committee is also currently 

reviewing its stated mandate. 

Use of the website has continued to 

grow in the period April 2002 to March 

2005. The number of visitors on a year-toyear 

basis has risen over 61% during the 

last 3 years. 

John Damaren, RCM, chair 

ADS NOW IN NEWSLETTER 

A LIMITED number of large, black and 

white advertisements are now being 

accepted in Quarterly Report. For information, 

call Denis Olorenshaw at 

905-826-6890, 1-800-265-3263. 

The next issue of Quarterly Report 

closes for ads on October 15 and will 

be mailed about November 30. 


Get Criticized and Like It! 

CRITICISM: Just the word can create a 

negative reaction for some of us. 

Some of us fear being criticized and, 

whenever possible, we avoid occasions 

like performance review meetings or family 

events where this may occur. For some 

of us, giving criticism is as difficult as being 

criticized. 

In the disputes I mediate, sometimes 

the giving and receiving of criticism has 

fuelled the fire of a conflict already simmering. 

Sometimes, in a mediated discussion, 

I hear a participant expressing feelings 

of hurt by blaming the other person. 

Whether the criticism is motivated by distorted 

self-interest or a genuine desire to 

help, a defensive kick-back by the person 

being criticized serves to make the experience 

a negative one. 

One of the two most frequent responses 

to criticism is to fight back and 

attack even more vehemently. The other 

frequent response is to run away, literally, 

or by closing up and feeling hurt. The 

challenge is to handle the experience of 

responding to criticism so that you feel 

positive about it, even if you do not go so 

far as to like it. 

The first step in responding effectively 

to criticism is to manage your reaction. 

You may find yourself in that first rush of 

anger wanting to fight back or run away. 

Do not follow that rush of anger and react 

based on your instincts. Take a break. You 

need to make some space for yourself to 

think about what is being said and about 

how you wish to react. You can also use 

the “time out” space to talk it over with 

someone who is outside the situation and 

able to be objective. You can let your critic 

know that you do want to talk about the 

subject and that you want to do this at a 

later time when you can focus on it more 

clearly. If possible, make a specific plan 

with the other person about the time that 

later discussion will occur so that it does 

People, Places & Products 

THIS IS THE SECTION of the newsletter where we need to hear from you. Do you 

have a new product that you want people to know about? Have you changed 

companies or received a promotion? Corporate merger in the works? Drop us a 

line and we’ll print your “news” in the next issue of the newsletter. 

Companies 

Maxium Condo Finance Group reports it is now offering progress payment draws 

for constuction that have cost-saving benefits, 10-year fixed-rate loans for equipment 

and a review of a condominium’s funding plan, requiring significant increases, 

that can incorporate financing over 5 to 10 years to ease the burden on 

owners…. Crawford Roofing has moved to 85 Bakersfield Street, Toronto, M3J 

1Z4. No change to phone or fax numbers…. Keyser, Mason, Ball is now located 

at 4 Robert Speck Parkway, Suite 1600, Mississauga, L4Z 1S1. Phone and fax 

unchanged…. Regal Aluminum’s new address is 177 Drumlin Circle, Concord 

L4K 3E7. Same phone and fax numbers. 

People 

Brian Horlick of the law firm Horlick Levitt in Toronto, was recently accredited as 

an Associate at CCI. 

Calendar 

The 9th Annual ACMO/CCI Condominium Conference, November 4 and 5 at the 

Doubletree International Plaza Hotel, Toronto…. ACMO luncheons, all at the 

Richmond Hill Country Club: September 16 and October 21. 

not become a variation of running away. 

Better yet, avoid the rush of anger by 

thinking positively. Believing that it is possible 

to achieve a positive outcome from 

being criticized is an important prerequisite. 

If you have a meeting scheduled in 

which you expect to be criticized you can 

start the positive self-talk in advance. Here 

are some positive ideas to keep in mind: 

• This person is not necessarily trying to 

hurt me; 

• It’s OK for me to make mistakes and not 

be perfect; 

• I could learn something from this; 

• This person cares enough about me to 

give me this information; 

• Listening may improve this relationship; 

• This is not about who is right or wrong; 

• I can listen, then choose whether or not 

ACMO MEMBERS 

SPONSORED AGM 

LUNCHEON 

THREE Associate members recently 

sponsored the annual general meeting 

luncheon. They are: Belanger Engineering, 

Mississauga; the law firm 

Gardiner, Miller, Arnold LLP, Toronto; 

and the law firm of Fine and Deo, 

Vaughan. 

Associate members are invited to 

sponsor other luncheons, beginning 

in September this year, to encourage 

new property managers to attend 

along with company representatives. 

For more information, call 905-826- 

6890 or 1-800-265-3263. 

A C M O 

E V E N T S 

Luncheons 

Friday, September 16 

Friday, October 21 

Both at the Richmond Hill 

Country Club 

Conference 

9th Annual ACMO/CCI Condominium 

Conference at the Doubletree 

International Plaza Hotel on Friday, 

November 4, and Saturday, 

November 5. 


to change. 

Being criticized gives you an opportunity 

to understand the other person and 

their experience of you. Whatever their 

motivation for criticizing, they have provided 

an opening for you to examine the 

dynamic between the two of you. Keep 

your focus on the goal of improving your 

relationship with the other person and use 

Welcome, New Members 

RCM Members .......................... 

Sam Pooya, Brookfield Residential 

Services Ltd., Markham 

Vadim Seagal, Greenwin Property 

Management, Toronto 

Candidate Members .................. 

Sylvia Bukovscak, Simerra Property 

Management Inc., Toronto 

Liron Daniels, Harris Management, 

Markham 

Jeanne Diaz, Brookfield Residential 


Katherine Gow, Brookfield Residential 


John Grier, Wilson, Blanchard 


Angela Griffith, Brookfield Residential 


Tatiana Kouzminykh, Living Properties 

Inc., Toronto 

Hon Wan Brian Li, Torgan Group, 

Markham 

Tony Lim, YRSCC #1020, Thornhill 

Onelia Lippa, Brookfield Residential 


Patricia Martin, Manor Crest 

Management Ltd., Oshawa 

Marie Peacock, Simerra Property 


Janine Rivard, Wallace, Rivard & 

Associates, Scarborough 

Robin Rudolph, Simerra Property 


Robin Szekeres, Inspirah Property 

Management, Guelph 

ACMO welcomes these new members: 

the opportunity to develop a positive outcome. 

You may even be able to get criticized 

and like it.❏ 

Kathryn Munn, LLB, Cert. Con. Res., CMed, 

is a lawyer, mediator, arbitrator and facilitator. 

Her firm, Munn Conflict Resolution 

Services in London, specializes exclusively 

in alternate dispute resolution. 

Ernest Wai Yin Tsui, Scarborough 

John Tsui, Pal Max Property 

Management Inc., Markham 

Alice Wong, DEL Property Management, 

Toronto 

May Wong, Living Realty Inc., Toronto 

Associate Members ................... 

Alpha Oil Inc., Weston 

Colonia Truehand Inc., Toronto 

Creative Building Maintenance Inc., 

Mississauga 

Graemore Construction Services, 

Ancaster 

Read Air Mechanical Services Ltd., 

Scarborough 

Sure Green Landscaping, 

Mississauga 

Trane Central Ontario, Scarborough 

Unique Chemical Technologies, Ajax 

Student Members ...................... 

Maureen Ahistedt, Priority 

Management, Tecumseh 

Imelda Cuerdo, Brampton 

Anne Gerger, Brookfield Residential 


Joann Hutchinson, Mississauga 

Byrn Kyer, Midland 

Lajos Laki, Etobicoke 

Nishit Majithia, Newton Trelawny 

Property Management, Ajax 

Maxine Maxwell, Simerra Property 


Carmen Noronha, DMS Property 

Management, Toronto 

Kevin Tepperman, Thornhill 

NOTE: Membership Certificates 

If your ACMO membership certificate has been damaged or lost (or was never 

received), please let us know and we will send a replacement. Call 905-826-6890. 

FIVE STEPS 

TO PROFIT FROM 

BEING CRITICIZED 

AND LIKING IT 

1. MANAGE YOURSELF. 

2. LISTEN. Use good listening skills 

to make sure you understand. Paraphrase, 

ask questions to clarify, ask 

for specific details and summarize 

back your understanding of what is 

being said. It is important first to 

make sure you understand what was 

said and then to communicate that 

you have “got it.” Check that your 

body language and tone of voice 

also communicate the message that 

you genuinely want to understand 

the point of view. 

3. AGREE. There is an amazingly 

positive value in agreeing, especially 

if the other person does not expect 

agreement. If you agree with the 

criticism, acknowledge that. If you 

disagree with the criticism, you can 

often find some way to agree with 

something, however small, in what 

was said. For example, you may be 

able to agree in part or in principle 

with your critic. When we look for 

what is constructive and useful within 

what initially seems to be otherwise, 

we communicate a willingness to listen. 

That may inspire greater trust 

and honesty in those around us. 

4. CLARIFY. Request permission to 

clarify your intentions, clarify your 

assumptions or explain your understanding 

– all the while using good 

communication skills. This does not 

mean argue, make excuses or justify 

yourself. 

5. SOLVE THE PROBLEM. If circumstances 

warrant, immediately commit 

to working out a solution. Invite your 

critic to join with you to solve the 

problem or, if time is not available, to 

schedule a later time when this can 

be done. 


Opinion 

By the editor 

WHILE doing some research on condominium 

management, we came 

across a couple of interesting case law 

backdates from 1989 and 1992. Both were 

based on the previous Condominium Act 

and were about owner’s access to corporation 

records. We found this in Bob Gardiner’s 

excellent 2001 book, The Condominium 

Act, 1998 – A Practical Guide. 

Bob has allowed us to reprint parts of 

these precedent-setting cases because we 

haven’t heard about them before, and 

maybe you haven’t either. 

McLean v. MTCC #647 and McKay v. 

WNCC #23 are both about inappropriate 

actions of condominium managers and 

boards of directors when dealing with 

owners who requested access to condominium 

records. In the new Act, sections 

55(1) to (10) are the updated versions of 

the former Records section. 

We were quite surprised to read in 

Bob’s book how judges in two court cases 

ruled, very clearly and concisely, that neither 

the manager nor the corporation can 

legally prevent owners from having access 

to all but certain confidential records. Denied 

access to records generally does not 

include financial statements, estoppel (now 

status) certificates, liens on that owner’s 

unit, the budget, common element assessments, 

board and owners’ meeting minutes 

and reserve fund studies. 

Do condominium managers and directors 

realize how serious this matter of unrestricted 

owners’ access to records really is? 

In more-recent cases, YCC #60 v. Smithers/Brown 

and Smithers v. YCC #60, the 

judge ruled owner Ms. Smithers court applications 

to enforce her entitlement to access 

the condo records (among other 

applications) was appropriate. She was 

also entitled to pursue fraud claims with 

the police and to have laid charges. 

Ms. Smithers had been accused by the 

corporation of disturbance; interfering 

with management operations; distributing 

written material to residents, board, management 

and security; and using profanity. 

The judge ruled that none of this was a 

“nuisance” as described in the corporation’s 

rule 21, which prevented noxious or 

offensive activities affecting other owners. 

“Most of the evidence of harassment and 

interference relates to members of the 

board, officers and management” but that 

type of conduct was not subject to the 

nuisance rule. 

The judge felt that “if Ms. Smithers behaviour 

was to be restricted, as the corporation 

requested, it would reduce the burden 

on the board and management, but it would 

send a message that a challenge to the authorities 

will attract serious negative consequences. 

That message was contrary to the 

legislative environment of the Condominium 

Act, which is intended to encourage 

openness. Even though the relationship 

between Ms. Smithers and the board was 

dysfunctional, unless the corporation could 

show that she had breached a provision in 

the declaration or rules without mitigating 

factors, the court should not be an instrument 

for making an order that would be 

seen to be punishment of Ms. Smithers.” 

Two other recent cases in different 

courts were both between Rohoman v. 

YCC #141 and they partially dealt with inspection 

of records. The judge ruled: 

1. The board of directors is under a legal 

obligation to disclose the unit owner 

list to the applicant (Rohoman). This section 

of the (old) Act is to be broadly interpreted 

to allow unit owners open and 

liberal access to the affairs of the board 

and the corporation. 

2. The board initially denied the applicant’s 

two requests to inspect the records, 

but later permitted access for a limited period 

of two hours, with no further inspection 

permitted. The access permitted to 

the applicant was not reasonable, the 

judge wrote. 

In the second Rohoman (and others) 

case against YCC #141, some of the applicants 

had indicated in writing to the property 

manager that they would attend at the 

office to inspect the records. Rohoman 

and four other owners arrived at the office 

18 minutes before closing. Subsequently 

there was an argument (concerning legal 

rights) and raised voices by the owners, 

which resulted in the inspection of the 

records not being permitted. 

The corporation lawyers then wrote to 

those five owners, prohibiting them from 

attending personally at the management 

office in the future and threatening legal 

proceedings. A court application was then 

launched by the owners, following which 

the judge ordered that the applicants be 

allowed to inspect the records of the corporation 

– which took place at the corporation 

lawyer’s offices. 

Some condominium managers believe 

that minutes of meetings must be approved 

before they can be shown to owners 

who request access. The Condominium 

Act is silent on this, but Wainberg’s Rules 

of Order, Rule 3025, says verification of 

meeting minutes is not required by any 

law. Among the Wainberg forms for society 

meetings, Form S-27(6) shows how 

minutes of a previous meeting should be 

verified. A footnotes states: “Unless required 

by the constitution or the bylaws, 

reading or verifying the minutes of previous 

meetings is not necessary.” 

Finally, all managers should be aware 

of section 55(8) of the Condominium Act, 

which states: 

“A corporation that without reasonable 

excuse does not permit an owner, or an 

agent of an owner, to examine records, or 

to copy them under this section, shall pay 

the sum of $500 to the owner on receiving 

a written request for payment from the 

owner.” 

The owner may recover the sum from 

the corporation by an action in Small 

Claims Court. 

Bob Gardiner’s book describes this as 

“a financially unfeasonable action,” probably 

because the costs of making and delivering 

a claim are no longer cheap, it 

takes a long time to get to court, and the 

owner is going to pay at least a percentage 

of the penalty himself, ultimately. 

However, if it is a matter of principle, 

the owner can always donate the money to 

charity, after deducting expenses, just to 

prove to the corporation that these owners’ 

rights are not to be taken lightly.❏ 

MANAGEMENT 

COMPANIES 

PLEASE UPDATE your confidential 

client magazine lists in the 

ACMO data-base. For more 

information, please call 

905-826-6890. 


Is the Duty of Board Confidentiality Fact or Fiction? 

QUESTION: Does the Condominium 

Act, 1998 specifically prescribe for a 

duty of confidentiality with respect to directors 

and officers in the exercising of 

their powers and discharging of duties? 

Answer: No! However every director 

and officer of a condominium corporation, 

in exercising the powers and discharging 

the duties of office, is required to: 

(a) Act honestly and in good faith; and 

(b) Exercise the care, diligence and 

skill that a responsible person would exercise 

in similar circumstances. 

Question: But what does this mean in 

terms of confidentiality? 

Answer: Most property managers are 

generally bound to confidentiality according 

to the terms of their management agreement. 

Lawyers are bound by statutory and 

common law duties of confidentiality. 

However, for condominium directors it is 

not clear as to whether there actually exists 

a duty of confidentiality. 

In the opinion of the writer, the existing 

standard of care set under the Act for 

every director and officer goes beyond the 

duty of confidentiality. In other words, a 

duty of confidentiality is subsumed within 

the standard of care of a director or officer 

in appropriate circumstances. If a director 

or officer is acting honestly, in good faith 

and exercising care, diligence and skill in 

a reasonably prudent manner, would he 

or she disclose information about pending 

sensitive litigation discussed at a board 

meeting? The answer is clearly “no” because 

of prejudice to the corporation. 

Question: With this said, does it mean 

everything that goes on in a board meeting 

is confidential? 

Answer: In the context of a condominium 

corporation, particularly where 

unit owners make up the board, it would 

strike me as reasonably prudent for both 

the directors and officers to not discuss publicly 

sensitive information that is talked 

about at a board meeting for various reasons. 

One of the most obvious examples 

is when the corporation is working in anticipation 

of litigation. This information, 

relating to the preparation of litigation, 

should definitely never be disclosed. This 

supposition is supported (although not 

specifically directed) by section 54(4) of 

the Act, which says that the right to examine 

records under section 54(3) does not 

apply to records related to pending or actual 

litigation or any insurance investigation 

involving the condominium corporation. 

Similarly, any discussions related to 

specific units or unit owners should again 

not be disclosed as it is supported indirectly 

by the records rule under section 

54(4) paragraph (c) of the Act. 

Directors and officers, in my opinion, 

should be asked to enter into a Code of 

Ethics or Code of Conduct agreement 

upon becoming a board member, so as to 

provide some guidance. That Code should 

include a duty of confidentially when the 

board has either designated an item to be 

confidentially held or, alternatively, shall 

deem every item that the board discusses 

to be confidential until such time as the 

board decides that it is not confidential information. 

There are two risks associated with 

talking publicly about an item that comes 

up at a board meeting: (1) detriment to the 

condominium corporation’s interest, and 

(2) personal liability of a director. 

(DUTY continues on page 16) 

Ten-year Corporate member (left) Wilson Blanchard Management Inc. (Ray Wilson), 

and 25-year RCM Peter Webb, were recognized at the June luncheon. 

Twenty-year Associate members received awards in June (from left): Coinamatic Canada 

Inc., Kleinfledt Consultants Ltd. and Cogeco Cable Canada Inc. 


(DUTY continued from page 15) 

Where it is shown that a director or officer, 

as a result of his or her breach of 

confidentially, breached his/her duty to 

act honestly and in good faith, that director 

or officer could face personal liability. 

Question: Should a director always 

say nothing and rely on a duty of confidentially 

to save him or her? 

Answer: No! Directors are the stewards 

of the condominium corporation and 

are charged with the duty of managing the 

affairs of the corporation. They must do so 

honestly and in good faith while exercising 

the care, diligence and skill of a prudent 

and reasonable person. 

There are circumstances when board 

members, for example (a) fail to address 

abuses by other officers and/or other directors 

of the condominium corporation, 

(b) fail to turn their minds to relevant issues 

pertaining to the condominium corporation, 

(c) fail to have the minutes accurately 

depict the content of the meeting, 

or (d) fail to address potentially-criminal 

actions against the corporation (such as 

misappropriation of funds), that they will 

be in breach of their statutory duty. 

Ten-year members, all RCMs, at the luncheon in June (from left rear): Joan Agnew, Mark 

Cianfarani, Catherine Green, Lynne Holmes. Front: Michael Holmes, Larry Holmes, Barry 

Jones and Lorraine Pruski. 

Ten-year Associate members (left): Mac 1 Industries Ltd. and Fujitec Canada Inc. received 

their certificates. 

This is why the drafters of the Act most 

likely created a broad standard of care 

whereby directors and officers have to 

consciously and constantly act in good 

faith. This means that directors have to 

think for themselves! 

Question: But should a director or officer 

post signs around the condominium 

about alleged fraudulent activity? 

Answer: No! This would hardly be 

prudent and would potentially open the 

condominium corporation and its directors 

to a libel/slander suit. In such case, 

where there are concerns about how 

boards are operating, or the balance of 

power or the abuses of power that may 

exist, board members should perhaps approach 

legal counsel, or property management, 

or another trustworthy, confidentiality-bound 

party for advice. A director 

may also wish to seek legal advice to get 

an idea of the legitimacy of the issues involved 

or, alternatively, may wish to have 

an open dialogue discussion about the issues 

minuted of board meetings. 

Question: What proactive steps can be 

taken? 

Answer: Condominium corporations 

should ensure the integrity of their corporate 

governance provisions and procedures 

(i.e., ensure that all business of the 

corporation is carried on by way of properly-constituted 

board meetings); and 

board meetings should be accurately-minuted 

and signed-off by both the president 

and another officer (after every board 

member has read the content of the minutes 

and agreed that the content is accurate). 

Another approach may be to have 

the meeting openly tape-recorded and 

have the tapes held for a period of time in 

a locked office, filing cabinet or safe, to 

ensure that the content of the meeting is 

always clearly captured. However, this 

may be a costly measure. Accordingly, a 

balanced approach may be to openly 

tape-record the meeting, have the minutes 

reviewed against the tape to ensure that 

they are accurate in the event a dispute 

arises, have the minutes circulated and 

signed off by the directors and entered in 

the minute book of the condominium corporation. 

This would ensure that the 

records have integrity. 

It has been suggested to me that perhaps 

a director could be wired with recording 

devices during the board meetings. 

While the validity of such recording 


may or not be questioned if they are ever 

used as evidence in criminal proceedings, 

an openly-disclosed recorder allows all directors 

and officers to speak while being 

aware of the fact that they are being recorded. 

While directors and officers 

should still feel free to express their views, 

recordings may make members more cognizant 

that their words may be reviewed 

for the minutes of the condominium corporation. 

This hopefully allows directors 

to act honestly and in good faith, while allowing 

them the freedom to speak openly 

so that the corporation can engage in 

meaningful discussion about issues that 

are relevant to its operation.❏ 

The author of this article, Patricia E. Elia, 

BCom, LLB, of Elia Associates, Toronto, is 

a legal specialist in condominium, corporate 

and banking law, as well as alternate 

dispute resolution and privacy. 

Five-year ACMO members, all RCMs, received certificates in June (from left): Rudy 

Petershofer, Chris Antipas, Harold Cipin and John Damaren. 

ACMO Annual Summer Cruise XII 

Photographs by Kierstin

Quarterly Report - Association of Condominium Managers of Ontario

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