Quarterly Report - Association of Condominium Managers of Ontario

Quarterly
Report
THE 8TH ANNUAL ACMO/CCI CONDOMINIUM CONFERENCE
“Cover Your Privates” and “Battle
of the Giants” are Highlights of the
Conference Program
T
HE
ACMO/CCI Conference on November 5
and 6 in Toronto promises to deliver some
exciting new speakers and topics.
“Battle of the Giants – Communications Negotiations”
will feature speakers from Bell
ExpressVu, Rogers and Look, along with CM
columnist John Deacon. Another session, “If it
Ain’t Broke, It Will Be!” takes a pro-active approach
to maintenance in condominiums with
four speakers on the subject.
“Reserve Funds in Crisis – How to Slay the
Dragon” features three experts dealing with
funding problems. “Cover Your Privates” will be
all about the new PIPED Act and privacy concerns
for managers and corporations. “Human
Rights – Be Prepared!” looks at the Ontario
Human Rights Commission and how to deal
with complaints in condominiums.
The opening plenary session is entitled “The
90-Minute Hour,” with Harold Taylor – president
of a time management consultant company
and author of a book on the subject.
Some other concurrent sessions include discussion
on preventative maintenance, mitigating
damages in emergencies, effective leadership
and managing new types of condos.
The closing session is the always-popular
Case Law Update. “Lawyers, Guns and Money”
features a bevy of legal talent “sure to entertain,
shock, educate and delight” – according to the
program.
The two-day conference will be held at the
Doubletree International Plaza Hotel, Toronto
(near the airport at Dixon Road and Highway
427).
A full-day trade show will be open from 8
a.m. to 6 p.m. on Friday, November 5. Coffee
breaks, buffet lunch and a wine and cheese
party will all be in the exhibitor’s area on that
day. On Saturday, a sit-down lunch precedes
the closing session.
Early-bird registration fees are available up
to September 24. For information call 905-826-
6890, or download your registration form at www.
acmo.org. For hotel reservations, call Destination
Toronto Inc., 416-962-2727 or reserve online
at www.destinationtoronto.ca/shows, pref-
(see CONFERENCE on page 2)
ACMO Awards
Presented at the
Annual General
Meeting
FOUR annual awards were presented to prominent
ACMO members at the recent AGM,
along with 5- and 10-year membership awards
and retiring director’s plaques.
Larry Holmes, R.C.M., of Larlyn Property
Management Ltd., received the President’s
Award for his contribution to the Association as a
director and former president. Larry also accepted
Larlyn’s Corporate Member of the Year award.
R.C.M. Member of the Year is Maria Finoro,
M.F. Property Management Ltd.
Gardiner Miller Arnold LLP is the Associate
Member of the Year and the award was
made to Bob Gardiner.
Jim Bezemer and Larry Holmes both received
retiring director’s awards.
5- and 10-year R.C.Ms, Corporate and Associate
members all received certificates. In all,
some 30 new and long-term members were
present at the AGM luncheon to receive their
certificates.❏
3rd Quarter 2004
QUARTERLY REPORT
is published on behalf
of ACMO by BB&C
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
New ACMO Directors ..........2
Director Mini-Profile .............2
New Education Manager .....3
New Members .....................4
Veterans Corner ...................4
Be Prudent in Newsletters .....6
People, Places & Products .....6
Defending Claims in
Small Claims Court ..............8
Digital TV for Condos ...........9
Kajama Party ......................9
Condodefinitions ...............10
Court Orders Advertiser
to Pay ...............................10
Engineer Receives
Top Honour .......................11
A Few Chiller Developments 12
Know Who Lives in
your Building? ...................12
Kajama Cruise Pix ....... 13–16

NEW ACMO BOARD
OF DIRECTORS AND
COMMITTEE CHAIRS
AT THE ACMO Annual General Meeting
in June, two new directors were
elected and one director was re-elected.
The new Board of Directors and
chairs of committees for 2004/5 are:
LAURA LEE, R.C.M., president
HAROLD S. CIPIN, R.C.M., vice president
CHRIS ANTIPAS, R.C.M., treasurer
SHELLEY HUTCHINSON, R.C.M.,
secretary
JOHN DAMAREN, R.C.M., director
MICHAEL HOLMES, R.C.M., director
SUSAN HOWARD, R.C.M., director
ANDY WALLACE, R.C.M., director
SCOTT WILSON, R.C.M., director
Committee Chairs
Certification & Standards –
CHRIS ANTIPAS
Communications – SUSAN HOWARD
Ethics, Membership & Associates –
HAROLD CIPIN
External Affairs – ANDY WALLACE
Luncheons – SHELLEY HUTCHINSON
Professional Development –
LAURA LEE
Regional Expansion –
MICHAEL HOLMES
Website – JOHN DAMAREN
(CONFERENCE from page 1)
erably before October 8.
Enquiries about exhibition space and
sponsorships at the conference should be
directed to the ACMO office, 905-826-6890.
Sponsors signed-up to-date include:
Bell Canada
DEL Property Management Inc.
Elia Associates
Fitch Surveillance Systems Inc.
Gerald R. Genge Building Consultants
Inc.
Greenwin Property Management
H & S Building Supplies
Larlyn Property Management
Malvern Property Management
Maxium Condo Finance Group
Miller Thomson LLP
Read Jones Christoffersen Ltd.
Rogers
Mini-Profiles of ACMO Directors
In some issues of Quarterly Report, members
of the ACMO Board of Directors are being
profiled briefly so our readers will know
more about the people who lead this Association
and make decisions on behalf of the
members to ensure its continued success.
ANDREW W. WALLACE, R.C.M.
Director of ACMO for 2004/2005
AS EVERYONE at ACMO knows, Andy
was born in Scotland. He immigrated
to Canada in 1969 and bought a condominium
in 1970 to live in. Initially, in Canada,
Andy worked as an electrical mechanical
engineer until 1970, when he
joined the North York Public Library as
the assistant divisional head of properties
and worked there for the next nine years.
By 1972, Andy had become president
of his condo board. Four years later he resigned
and moved into a Pickering townhouse
complex, where he also became
president of the board in 1977.
Along the way, in 1974, Andy joined
the North York Condominium Association
and soon became its vice president.
“We only had a few members,” he said,
“but that’s how I later met condo lawyers
John Deacon and Geoff Pacey, then of
Harris, Keachie in Toronto.”
The North York association finally
linked-up with the Peel Condominium
Association and others to form FOCA –
the Federation of Ontario Condominium
Associations – to lobby the Ontario
government in 1975 for new condominium
laws. Andy became president of FOCA
around 1976. Deacon and Pacey were the
FOCA lawyers who made recommendations
to a government committee set up to
study condominium problems.
At that time, corporations did not have
lien priority over mortgage companies. So
an amendment to the Condominium Act
was prepared by the committee, making a
case for lien priority, which then became
law in 1978. One year later, a new Condominium
Act was born.
Based upon his extensive experience
as the president of two condo boards and
FOCA, and his experience as head of
properties for the North York Public Library,
Andy was asked by General Property
Management if he would accept the
position of VP operations for that com-
(see PROFILE on page 3)
Flanked by ACMO president Laura Lee (left) and vice president Harold Cipin (right) are
three ACMO Members of the Year at the AGM: Bob Gardiner (who worked on many ACMO
“briefs” before the new Condominium Act was legislated) of Gardiner Miller Arnold LLP,
is Associate Member of the Year. Larry Holmes, president of Larlyn Property Management
Ltd., accepted the company’s Corporate Member of the Year award. Maria Finoro, M.F.
Property Management Ltd. is R.C.M. Member of the Year.
2 Third Quarter 2004

ACMO Appoints New Education
Manager
MICHAEL LINDSAY, PEng, MBA, has
been hired as the new education
manager by ACMO. Michael succeeds Audrey
Herrema, the manager for the last 5
years before her retirement.
Michael became involved in education
following a lengthy business career with
several major Canadian
companies. Much of his
career included management
and business development
in the areas
of facilities and construction.
He has also
been involved in providing
strategic planning,
Michael Lindsay
education, and business consulting services
for a variety of institutions and community
organizations. Since 2001, Michael
has been a professor at Seneca’s School
of Civil/Resources Technology and a coordinator/instructor
in the Building Environmental
Systems Group, also at Seneca.
Michael’s educational background includes
an MBA in finance and accounting
and a BSc, degree in civil engineering,
both from the University of Toronto.
The education manager oversees the
education program that ACMO currently
offers at Humber College and on-line
through Mohawk College. Both programs
offer detailed education in all phases of
condominium management including law,
administration, human resources, physical
building and finance. The courses are prerequisites
for the highly-regarded Registered
Condominium Manager designation.
“Michael comes on board at a critical
time as ACMO works to ensure its education
is accessible, practical and has the capacity
to meet the rapidly increasing
demand for professional condominium
managers,” said Don Braden, executive
(PROFILE from page 2)
pany. He said “yes,” so they put him in
charge of 10 condominium corporation
clients, which grew to about 36 by the
time he left in 1985.
That was the year that Andy started his
own property management company with
a partner – Browell & Wallace – which
later became Wallace, McBain in 1987,
with partner Marilyn McBain, R.C.M.
Finally, in 1999, after Marilyn’s retirement,
Andy sold his company and its client
list to Greenwin Property Management,
remaining with that company as
vice president of the condominium division
until 2001. Since then, Andy has been
a condominium consultant and a teacher
at the ACMO/Humber College Certificate
Program for condominium management.
director of ACMO.
ACMO has been Canada’s leading professional
organization in the condominium
management field since 1977. Representing
more than 750 professional and
associate members from across Ontario,
ACMO provides ongoing education about
condominium-related issues and advocates
on behalf of condominium managers
at the municipal and provincial levels.
As the governing body of the Registered
Condominium Manager professional certification
and the ACMO 2000 corporate certification
programs, the Association upholds
the strict standards established
through those highly respected accreditations.❏
Despite the fact that Andy served as a
director and president of ACMO in past
years, he was voted back on the board
again by the members this year. “Why?”
Quarterly Report asked him.
“I’m retired now. I’m experienced in
condominium management. I hope I can
provide some positive input as a director
again.” As chair of the ACMO External
Affairs Committee, Andy will be maintaining
good relations with CCI, CAI in the
U.S., the Ontario government and real estate
associations.
How does he view the condition of the
condominium industry today? “There is
currently a lack of quality managers,”
Andy replied. “We need to get the right
people in, pay them the right money, get
management fees increased and expand
our educational facilities.”❏
At the ACMO Annual General Meeting, Larry
Holmes of Larlyn Property Management Ltd.
received the annual President’s award.
Also, as a retiring ACMO director, Larry was
presented with a plaque in appreciation for
his service on the Board of Directors.
Gillian Murray (left) of St. George Property Management received a 10-year membership
award. Two 25-year R.C.Ms, Richard Pearlstein of Northcan Property Management (centre)
and Laurence Winterkorn, Samuel Property Management, received plaques.
Quarterly Report 3

Welcome, New Members
ACMO welcomes these new members:
R.C.M. Members ...................................................................................
Robert Babcock, Babcock & Robinson, Peterborough
Paul Cassucio, Casa Property Management Ltd., Hamilton
Linda Clarke, PCC #88, Mississauga
Kiera Crockower, Brookfield Residental Services Ltd., Markham
Josée Deslongchamp, Carleton CC #34, Ottawa
Gabriel Dolnicianu, Malvern Condominium Property Management, Rexdale
Barbara Enright-Miller, Royal Property Management Ltd., Belleville
Sheila Ngan Ho, RPS Resource Property Services Ltd., Scarborough
Dennis Tik Ho, RC Sincere Management, Toronto
Kim Jaspers-Fayer, Jaspers-Fayer Property Management, Orangeville
Patricia Kummer, Precision Management Services Inc., Dundas
Michael La Fontaine, Larlyn Property Management Inc., Ottawa
Adam McMillan, Sanderson Management Inc., Kitchener
Karen Mergler, Brookfield Residential Services Ltd., Markham
Susan Moore, Mississauga
Roxana Niculescu, Morguard Residential Inc., Toronto
Brigitte Nutter, Property Management Guild, Hamilton
Jim O’Neill, Wilson Blanchard Management Inc., Toronto
Ralph Raike, R.T. Raike & Assoc. Ltd., Kingston
Joanna Yu, MTCC #813, Toronto
Candidate Members ..............................................................................
Linda Celar, Brookfield Residential Services Ltd., Markham
Axel Dudezki, DEL Property Management Inc., Toronto
Antoinette Lemelin, Samuel Property Management Ltd., Toronto
Lesley Morton, Brookfield Residential Services Ltd., Markham
Stephen Pointer, Hartland Gray Ltd., Mississauga
Fausto Roma, YCC #76, Toronto
Rosela Salama, MTCC #818, Toronto
Associate Members ...............................................................................
Benmar Building Solutions Ltd., Toronto
The Byng Group, Vaughan
Edifice Building Services Inc., Brampton
Integrated Building Group, Concord
Look Communications Inc., Milton
Quest Window Cleaning, Mississauga
Salavan Landscape Ltd., Scarborough
Superior Energy Management, Mississauga
Trace Electric & Trace Fire Protection, Willowdale
Student Member ...................................................................................
James McDonald, Mississauga
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.
ASSOCIATE MEMBERS’
VETERANS CORNER
Condo Lawyer has
Written CM Column
Continuously for
25 Years
J
OHN
DEACON was called to the bar in
1977 and then joined the law firm of
Harris, Keachie in Toronto, where he
had articled previously. Another lawyer
Geoff Pacey was also with Harris, Keachie.
At that time, it had been about 11 years
since the first condominium had been registered
in Ontario and developers were
building condos at a steady pace. Both
John and Geoff spent a lot of time dealing
with legal problems that arose out of a
lack of consumer protection for owners in
the statutes – principally the first version
of the Ontario Condominium Act of 1967.
They became the condominium legal group
at Harris, Keachie.
Those were also the days when many
condominium associations were formed
of corporations in various areas of Toronto
and Mississauga looking for help
with their problems.
In 1978, John and Geoff left Harris,
Keachie to set up a new law firm – initially
Pacey, Barkwell, and later Pacey, Deacon
– in the early 80s, with the two senior
partners specializing in condominium law.
Lawyer Paul Spears (brother of Michael
Spears) also joined the new firm.
1977 was the year ACMO was founded
by a group of industry leaders that included
Bob Bainbridge, Ed Hughes,
Ron Outram, Joe Schnezler and Joe
Sadowski with the help of Pacey and
Deacon. Also involved were the Peel,
North York, Durham and Etobicoke condo
directors associations and the Federation
of Ontario Condominium Associations
(FOCA) whose president was Andy Wallace.
FOCA was a client of Pacey, Deacon
along with some of the other condo associations.
The Pacey, Deacon group was well
aware of the potential need for legal representation
of condominium corporations
because of numerous problems with developers.
The 1967 Condominium Act was
4 Third Quarter 2004

very limited in consumer protection effectiveness.
It was not until 1974 that the Act
was amended to plug some holes that had
troubled owners and directors. There
were no construction warranties until
1976, no deficit guarantees until 1974. A
new Condominium Act became the law in
1979 for the condominium industry, until
1998 when the third version of the Act was
enacted.
In 1981, Condominium Manager magazine
editor Ken Parker asked John Deacon
if he would write a regular column
called Law Lights, which John agreed to
do. Now, 25 years later, the column is still
going strong and is as popular as ever
with CM readers. Initially, the subject matter
included maintenance and repairs,
boundaries, people, parking and pets (the
PPPs), the declaration, bylaws and rules.
Today, Law Lights covers the whole spectrum
of condominium problems from attorning
rents to the new Privacy Act.
In May, 1996, John left the Pacey firm to
start his own shop – which became Deacon,
Spears, Fedson & Montizambert.
That year the new firm became an Associate
member of ACMO, although John had
been closely associated with the condo
management organization for 19 years.
For a long time, John had been more
than just a condominium lawyer and a CM
columnist. He taught condo law at Humber
College in the ACMO course for about
four years. “I really enjoyed that!” John recollects.
He became involved in telecommunications
law as it applied to condomini-
ums and joined the C3 Committee, whose
president is Rudy Fliegl. He worked on
behalf of condominiums throughout Canada
on presentations to the CRTC and on
improving the telecommunications section
of the then upcoming Condominium Act,
1998. John was also a member of the Ontario
Bar Association Committee reviewing
draft legislation for the new Act.
John writes about condominium law
and lectures to lawyers’ societies, participates
regularly in the ACMO/CCI Annual
Conference, and is a qualified active mediator
and arbitrator for condominium dispute
resolution.
We asked John for his opinion on
where the condominium industry is head-
ed: “Because there is a major expansion of
condo units going on,” he replied, “there
is a tremendous shortfall of qualified managers.
We need to catch up. The R.C.M.
designation and ACMO 2000 program are
important certifications in the industry and
they must be expanded.”
“I also think,” John continued, “ACMO
Executive Director Don Braden and the
board have done a really good job of dealing
with growing Association activities in
a very professional manner.”
In his spare time, John is a skier, a
bridge player and a winemaker. He produces
about 20 cases of his own wine a
year and has a cellar of Canadian and international
wines.❏
5-year membership awards were presented in June to: (L to R) Associate member Con-Serve
Group Ltd. (Tom Lanczi), R.C.M. Thomas Redding of Shabri Properties Ltd. and Corporate
member Hartland Gray Ltd. (Alison Guzak).
5-year awards for Associate members were presented to company representatives at the AGM luncheon: (from left) Brown & Beattie Building
Science Engineering, M & E Engineering Ltd., Power Vac GTA Ltd., Rainbow Mississauga Ltd., Fitch Surveillance and Authorized Parking
Only Ltd.
Quarterly Report 5

Be Prudent in Newsletters,
Minutes and on Websites When
Libel or Slander Can Result!
The following is some recent case law on
libel and slander (two of the cases at condominiums).
LIBEL refers to defamatory words in a
newspaper or in a broadcast. Slander
refers to a defamatory statement (words
spoken) intended to injure the reputation
of another. A statement is defamatory if it
tends to lower the estimation of a person
in the eyes of a reasonable person.
Marika Property Management Inc. v.
Cappuccitti (1997): Marika Property Management
Inc. successfully sued Cappuccitti
for libel based on publications in the
form of a newsletter, which contained material
and information that defamed Marika.
In this case the court found, among
other things, that Cappuccitti had persisted
in publishing defamatory materials,
had verbally expressed animosity and
malice towards the proprietor of Marika,
and had caused the newsletter to be distributed
to unit owners of another condominium
corporation. Cappuccitti’s actions
were the cause for inquiry by ACMO and
the premature termination of a condominium
management contract of Marika,
causing loss of income. The court awarded
general damages in the amount of $65,000
and aggravated damages in the amount of
$20,000. (Cappuccitti was noted in default.)
Bird v. York Condominium Corp. No. 340
and Andrew Petroff (2002): Bird, a former
director, sued YCC #340 and the president
of the board, alleging defamation in slander
and libel based, respectively, on the
statements of the president and the posting
of minutes by the board. In dismissing
the plaintiff’s action for defamation in libel,
the court found that the content of the
minutes posted, which outlined terms of
settlement with Bird, were found to be
true and that the posting of the minutes
was not malicious and not made for any
sinister motive. The posting was made to
“…communicate on-going business issues
and legal issues of interest to members of
the condominium corporation.” In dismissing
the claim of slander, the court
found that the words spoken were not
defamatory but that even if they were, the
circumstances permitted reliance on the
defence of “qualified privilege” and “fair
comment.” Qualified privilege, generally
arises when the information communicated
is reasonably appropriate in the context
of the circumstances existing on the
occasion. For example, the person who
makes the communication has an interest
or a duty, legal, social or moral, to make it
to the person to whom it is made and the
person to whom it is made has an interest
or duty to receive it. The defence of fair
comment protects expressions of opinion
made in good faith on facts that are truthful
and concern a matter of public interest.
Bablieda v. Santa (2003): This noncondominium
decision considers the
claim of libel in the 21st century. Part of
the issue addressed by the court was
whether material placed on a Website and
made available through the Internet is
“broadcast” for the purposes of the Libel
and Slander Act (Ontario) thereby attracting
higher levels of damages. The court
found that the purpose of the broadcasting
definition in the Act was to single out
ADS NOW ACCEPTED IN
QUARTERLY REPORT
A LIMITED NUMBER of large advertisements
are now being accepted in the
ACMO newsletter, Quarterly Report.
For more information, call Denis
Olorenshaw at 905-826-6890, 1-800-
265-3263, or email pubmanager@
acmo.org.
The next issue of Quarterly Report
closes for ads on October 1. Only
black and white ads will be accepted.
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
Ontario Playgrounds has moved to 1032 Colborne St. E., Brantford, N3S 3T6.
Telephone: 519-720-6911, fax: 519-756-2774, email: tonykelly@rogers.com….
Bestcorr Services and Contracting Ltd. is now located at 9251 Yonge Street,
Suite 273, Richmond Hill, L4C 9T3. Telephone: 905-763-8680, fax: 905-763-
8623, email: bestcorr@rogers.com…. DGH Doors is now at 10A Bram Court,
Unit 8, Brampton, L6W 3R6. Phone and fax are unchanged…. Alexandor & Associates
has moved to 90 Eglinton Avenue East, Suite 420, Toronto, M4P 2Y3.
Phone and fax remain the same.
New R.C.Ms at a June luncheon: Dennis Tik
Hong (left) and Stella Ngan Sum received
certificates.
Calendar
ACMO/CCI 8th Annual Condominium Conference at the Doubletree International
Plaza Hotel, Toronto, on November 5 and 6.
6 Third Quarter 2004

information, which is transmitted to mass
audiences, where maximum harm to
reputation can be done. The court concluded
that placing materials on the
Internet, via a Website, where it may be
accessed by a large audience, constitutes
broadcasting within the meaning of the
Act. With the growth in condominium corporation
Websites, it is critical that corporations
review, assess and vet the content
placed on their Websites to avoid unwanted
defamation claims.
Directors, property managers and unit
owners must be cautious and prudent
when they pursue matters that may put
someone’s reputation at risk.❏
This article is reproduced with permission
from the Elia Associates law firm newsletter,
Common Elements.
Two 10-year R.C.Ms: (from left) Cindy Gretton and Susan Howard, with 10-year Corporate
member Minto Management, all received awards.
A C M O
E V E N T S
ACMO Luncheon
Friday, September 24, at 12 noon.
Cash bar, 11:00 a.m. Speaker:
Patricia Conway on “Human Rights
Cases.” New location: International
Centre, 6900 Airport Road
(near Derry Road), Hall 2 Entrance,
Mississauga
ACMO/CCI 8th Annual
Condominium Conference
November 5–6, Doubletree International
Plaza Hotel, Toronto Airport.
For information, call 905-826-6890.
New Associate member representatives received their certificates: (L to R) The Byng Group,
Diverse HVAC Services, Golder Associates Ltd. and Pinnacle Roofing Consultants Inc.
Retiring ACMO director Jim Bezemer receives
an appreciation plaque from current
president, Laura Lee, for his work on the
Board of Directors.
5-year Corporate member, Provincial Property Management Ltd. received a certificate (left),
with 10-year Associate members: Avenue Road Roofing, Direct Energy Business Services,
First Condo Group Ltd., Gerald R. Genge Building Consultants Inc. and Morrison Financial
Services Ltd.
Quarterly Report 7

Defending
Condominium
Owner Claims
in Small Claims
Court
I
N
TODAY’S litigious age, it seems inevitable
that a condominium corporation
will eventually be faced, at one time or
another, with a claim in Small Claims
Court brought by a unit owner, an exemployee,
a contractor or otherwise. Irrespective
of whether the claim is clearly
contrived, or whether it is without apparent
merit, it must be dealt with. A corporation
faces a dilemma when it meets with
such a claim.
Generally, the amounts involved are
quite low in relation to the cost of defending
the claim. A further consideration is
that a corporation treads a fine line in balancing
the costs of defending a claim versus
settling it. What is the message it wants
to send out to all those would-be withoutmerit
claimants waiting in the wings to try
to extract money from the perceived deep
pockets of a condominium corporation?
In one corporation of which we are
aware – and which has had a history of
disputes arising with unit owners, employees
and property managers – the corporation
was, at one point, faced with
nine Small Claims Court claims served
over a period of two days, mostly involving
the same lawyer, and most resulting,
apparently, from the prompting of one or
two owners. The result to the corporation
was more cost, more uncertainty and less
legitimate condominium business being
carried out.
Unit owners should be reminded that
they ultimately pay for claims they advance.
The money they are claiming, as
well as the costs to the corporation of defending
the claim, and incurred to prevent
further claims of this manner, has to come
from somewhere. That somewhere is the
common expenses paid by owners, including
the owner who brings the claim.❏
Reprinted from the Elia Associates newsletter
Common Elements, with permission.
At the April ACMO luncheon, new Associate member First General Services certificate was
presented to Michael Flatt (left). A new R.C.M., Adam MacMillan of Sanderson Management
also received his certificate.
New Candidate members received their certificates at a June ACMO luncheon: Stephen
Pointer of Hartland Gray Ltd. (left) and Rosela Salama, MTCC #818.
New Candidate members received their certificates at the June AGM luncheon: (L to R)
Robert Buckler, Tony Lim, Leslie Russell and Linda Celar.
8 Third Quarter 2004

Now — Digital TV for Condominiums
Uses Phone Lines
I
T
USED TO BE that the only way to
transmit TV programming was off-theair,
through a cable TV connection or a
satellite dish. Now, Bell claims to have
launched ExpressVu TV for condos, using
next-generation VDSL technology so
that 100% digital TV programming can be
delivered through an existing phone line,
along with high speed Internet and advanced
phone features.
VDSL stands for Very-high-bit-rate Digital
Subscriber Line, referring to a category
of very-high-speed Internet connections
that can run over a regular phone line.
With VDSL, the bandwidth is so great that
in addition to regular analog voice traffic,
it can support high-speed Internet access
and multiple video streams.
Since 1999, Bell has been enhancing its
fibre-optic network, investing millions of
dollars in new equipment and laying hundreds
of kilometers of fibre-optic cable.
The ability to offer advanced VDSL technology
is one of the results of this significant
investment.
What are the benefits? For starters, to
enjoy ExpressVu in condos, residents simply
need a single set-top box connected to
a regular phone jack. They can watch TV,
access the Internet and talk on the phone
– all at the same time. One set-top box
sends separate signals, so subscribers can
view three different programs on up to
three TVs simultaneously.
ExpressVu says its programming is 100%
digital on every channel, with a crystalclear
picture and stereo sound. On cable
TV, most of the standard channels still use
an analog feed, and only the new channels
are available in digital format.
The set-top box also has a built-in modem
for a Sympatico high-speed Internet
connection. In addition, users can get
advanced SmartTouch phone services
right on the TV screen, when they subscribe.
When the phone rings, Call Display
and Call Answer appear on screen so
they can see who’s calling, without interrupting
the program.
This new technology will cost nothing
to install. When a condominium signs-up
for ExpressVu, Bell will provision the building
free of charge, installing the necessary
network equipment in the basement or
communications room. From there, the signal
is delivered by existing wiring to the
individual suites of subscribers, without
having to open up walls or run new wiring.
A program of live demonstrations in
condominiums continues to attract a large
number of residents, many of whom will
become subscribers.
For information about ExpressVu TV
for condos, call 1-877-819-2419 or visit
www.bell.ca/condoTV.❏
KAJAMA PARTY
CRUISE WAS
ANOTHER SELL-OUT
ONCE AGAIN the ACMO summer
cruise Kajama party in July was a
huge success. The three-masted vintage
schooner was filled to capacity
with 200 passengers for the annual
harbour cruise.
ACMO members and their guests
were treated to a BBQ lunch and, for
the first time, a live band on deck.
A number of prizes were drawn for
and awarded to passengers by the
ACMO Associates Committee and
sponsors.
Bell brings fibre-optic cable to the condominium
and installs the necessary
distribution equipment and cabinets
in the communications room.
5-year R.C.Ms received their awards at the AGM: (L to R) Marlyn Addai, Vladimir Aleksic,
Joyce Loh-Tan and Gabriela Shand.
Quarterly Report 9

CONDODEFINITIONS
What is a Status Certificate?
Astatus certificate is a statement of upto-date
facts about the status of a
corporation and any unit in it that a purchaser
may contemplate buying – whether
it be a new or a resale condominium unit.
Formerly called an estoppel certificate,
this document must contain a long list of
information items that are required by the
Condominium Act (section 76). Any person
can obtain a status certificate by paying
a fee of $100. The provider is obligated
to supply the certificate within 10 days of
receiving payment. Among the most important
information that must be supplied
are:
1. The common expenses for the unit;
any default in payment; increases in the
common expenses and the reasons for
them; special assessments that have been
levied against the unit and the reason;
statement about outstanding judgments
and legal actions the corporation is involved
in; and the amount in the reserve
fund, plus any proposed increases.
2. Current reserve fund information;
substantial changes to the common elements
and assets of the corporation, even
if they are proposed but not implemented,
and their purpose; the number of rented
units; and a certificate or memorandum of
insurance policies for the corporation.
3. Copies of the current declaration,
bylaws and rules; the current budget; the
last annual audited financial statements;
and the auditor’s report on them.
The status certificate binds the corporation
to the information it contains for the
use of a unit purchaser or mortgagee who
relies on the certificate as of the date it is
issued. Material information that is omitted
is deemed to be a statement there is
no such information.❏
Advertiser Pays for Ads Plus Costs
in Small Claims Court Decision
A
T
A TRIAL in Brampton Small Claims
Court recently, College Parking
Liners Inc. of Toronto was ordered to
pay invoices for two ads in CM Condominium
Manager magazine, plus court costs.
In its claim, ACMO stated that College
Parking Liners ordered professional card
ads in three 2001 consecutive issues of CM
Condominium Manager, but only paid for
one. The court ordered the defendant to
pay $612.58 for the ads, plus $150 costs.
Because ACMO is a non-profit organization,
the Association is unable to write-off
bad debts. The non-payment of ad invoices
is unfair to members and to advertisers
who pay their invoices within a
reasonable time. In consequence, the
ACMO Board of Directors sometimes authorizes
legal action when ad invoices are
unpaid more than 120 days.❏
10 Third Quarter 2004

Consulting Engineer Receives
Profession’s Top Honour
A
RT
JOHNS, P.Eng., principal and chair
of Morrison Hershfield Limited,
has received the highest acolade that
Canada’s engineering profession can bestow
on one of its members, the Gold
Medal. The medal was presented on May
15, 2004, by the Canadian Council of
Professional Engineers at a ceremony
in Charlottetown, PEI. It is presented annually
to just one of the more than 160,000
professional engineers in the country.
The award recognizes Art’s exceptional
individual achievements and contributions
to the engineering profession, as well as
his overall commitment to his community
and society.
Johns leads by example, encouraging
others to get involved in their professional
associations and their communities. His
record of involvement with Professional
Engineers of Ontario includes a term as
councillor, and participation on numerous
committees and task forces. He has provided
guidance in the review of building
codes, guidelines and standards while serving
on the board and executive of Consulting
Engineers Ontario. Art’s community
involvement includes coaching little
league teams, leadership in his church and
assisting a variety of charities. He is currently
on the board of directors of his local
chapter of Habitat for Humanity.
Art recently celebrated 42 years of service
with Morrison Hershfield. Under his
leadership the company has grown from a
small Canadian firm to become a North
American entity. ❏
MANAGEMENT COMPANIES
PLEASE UPDATE your confidential client
magazine lists in the ACMO database.
For more information, please
call 905-826-6890.
MAINTENANCE
CHECKLISTS
REQUIRED
THE ACMO Communications Committee
requests that managers and Associate
members send sample copies
of their condominium maintenance
checklists to the ACMO office. These
will be used to compile a new report
for RCM Files III.
The report will not identify those who
send in samples and all information
supplied is summarized collectively.
Please send actual hard-copy samples
by mail only to:
Maintenance Checklists
ACMO Communications Committee
6835 Century Avenue
2nd Floor
Mississauga, ON L5N 2L2
Quarterly Report 11

A Chilling Future — The HCFC
Issues Continue
T
HERE
have been a few developments
concerning centrifugal chillers and
ChloroFluoroCarbon (CFC) issues since
last year.
The proposed legislation regarding the
accelerated phase-out of CFC refrigerants
is still just that – proposed legislation.
With the change in government the priority
is not known, but we do know that
other provinces have already passed the
accord of environmental ministers into
law, so it is assumed that Ontario will follow
suit. This would ban the addition or
re-instatement of such widely-used refrigerants
as R11 as of January 2005 – leaving
a problem for those buildings using R11 in
chillers that should still have a further life
expectancy of 10 years or more.
Recognizing this predicament, Carrier
Building Systems has recently joined the
other major chiller manufacturers in providing
conversion kits and service to
change centrifugal chillers from R11 (CFC)
to R123 (HCHC) in Canada. Previously, Carrier
did not endorse R11 to R123 conversions
and continued to centre efforts on
new technology using R134a HFC refrigerant,
as there is already an internationallyrecognized
schedule in place for the phaseout
of the HCFCs. Each request for conversion
will be reviewed by Carrier and
investigated for its merits and difficulties.
While CFCs and HCFCs are used in lowpressure
centrifugal chillers, HFCs are
used in higher-pressure chillers and therefore
cannot be used in conversion of existing
chillers.
OK – so what is the difference? CFC refrigerants
cause long-term problems with
the ozone layer and global warming. These
refrigerants have an active life in the atmosphere
in excess of 10 years, providing
a cumulative effect. HCFC (HydroChloro-
FluoroCarbon) refrigerants also affect the
ozone layer and global warming but to a
much lesser degree and for shorter time
frames. HFC refrigerants (HydroFluoro-
Carbon) are chlorine free and have very
little effect in terms of the ODP (ozone
depletion potential) and GWP (global
warming potential).
The optimum situation would seem to
be to use only HFCs in the future, and to
this end there is a plan to eliminate the
HCFCs by phase-out of manufacture ending
in 2020, with possible continued use
up to 2030. This means that the use of R123
as a stopgap conversion for R11 machines
should be viable in order to achieve the
normal life expectancy of the chiller
equipment (25–30 years). Note that it may
not be physically possible to convert some
types of chiller machines.
Conversion costs are much less than
the purchase of a new system and will allow
condominium reserve funds to build
up sufficient monies for complete replacement
when that time comes. Prudent condominiums
will have already allowed for
the cost of conversion in 2004/2005 within
the reserve funds.❏
Reprinted from the Construction Control
Inc. newsletter with permission. The author
is Jeff Jeffcoatt, PEng.
Do You Know Who Lives in the Condo You Manage?
ONE of the problems that condominiums
frequently face is trying to determine
exactly who lives in the units that
make up the condominium corporation.
At the time that a corporation is first
created, the developer is required to turnover
to the corporation a register of all
owners and mortgage lenders who have
notified the corporation of their ownership
interest, or their right to vote, and the
addresses for service.
After that, it is the corporation’s obligation
to maintain this register. Notwithstanding
that the corporation is obligated
to maintain the register, it is the responsibility
of the unit owners and those mortgagees
who wish to be notified of any
meetings and any votes that may be taking
place, to advise the corporation’s property
management and/or the directors of their
ownership or mortgage interests in the
property and the addresses for service.
Under the Condominium Act, if a unit
owner or mortgagee does not notify the
corporation, then the corporation has no
obligation to advise them of meetings.
If a unit owner falls into arrears of common
expenses and the corporation does
not know who the owner is or the
owner’s address for service, then the unit
owner may find that a lien has been registered
against his or her unit because the
owner did not get the corporation’s notices
that the common expenses were in
arrears.
It is not the corporation’s obligation to
chase down the registered owners of units
and ensure that its record of owners and
mortgagees is accurate. It is the responsibility
of each unit owner and mortgagee to
make sure that the corporation has the correct
ownership and address information.
When a lawyer completes a purchase
transaction on behalf of a unit owner and/
or a mortgage lender, it is his or her responsibility
to ensure that proper notification
of the ownership and the mortgage is
delivered to the corporation.
The Condominium Act also requires
that any unit owner who rents his or her
unit notify the corporation that the unit is
rented and deliver his or her address for
services, as well as a Form 5.
All corporations should consider including
an information sheet for both
owners and tenants with the status certificates
issued to prospective purchasers and
request that new owners complete and return
the form to the corporation.❏
The author of this article is Audrey M.
Loeb of Miller Thomson LLP, Toronto. It
is reprinted with permission from the
firm’s newsletter Let’s Talk Condo.
ANNUAL FALL
PUB NIGHT
Thursday, November 18, at 6:00
p.m. at the Arizona B-Bar & Grill,
215 Carlingview Drive in Toronto.
12 Third Quarter 2004

ACMO Annual Summer Cruise XII — Kajama Party
Photographs by Kierstin
Quarterly Report 13