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CONDO Business - September 2014

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Canada’s Most Widely Read Condominium Magazine

September 2014 • Vol. 29 #6

LEARNING CURVE

Coming legislative change likely

to bring education requirements

+

PART OF THE

Pet policies,

owner signatures

and tree clean-up

P A R T O F T H E

PM#40063056

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ON THE COVER: (CLOCKWISE FROM LEFT:) Coming legislative changes are likely to introduce minimum education requirements for both condo managers and

first-time board directors; a new condominium on the Baltic Sea showcases energy-saving balcony enclosures, which are commonplace in Europe; a North York

development called Centrium has been cancelled, and police have arrested a lawyer in connection with missing deposits, but the initial planning application sign

remains on the site.

Contents

FOCUS: EDUCATION

12 A property manager’s five

must-have skills

By Michael Le Page

16

18

How to build a New

Owner's Manual

By Andreea Dolnicianu

Learning curve

By Michelle Ervin

DEPARTMENTS

8

24

28

32

The Interview

Inside the alleged Centrium fraud case

Governance

Safe and clean pet-friendly communities

Director’s code

Legal

Sign on the digital line?

34

38

44

48

Management

Property manager in the middle

Maintenance

When a tree falls in the city

Development

The height of residential towers

Smart Ideas

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EDITOR'S LETTER

Publisher

Steve McLinden

Many industry experts view

lack of knowledge and understanding of what a

condo is and how a corporation is run as being at

the root of most condo disputes.

I believe it, too, because I can certainly

appreciate the learning curve new owners

and directors face. Editing CondoBusiness

over the past year-and-a-half has been a

crash course in the complexities of the

shared ownership of real estate.

Although it may not have been identified

as one of the five areas of focus for Ontario’s

Condominium Act Review, education for

managers, directors and owners alike is

embedded in many of the recommendations for

reform outlined by an expert panel in its stage

two solutions report to the government.

As the province prepares to introduce

draft legislation in its upcoming fall session,

CondoBusiness examines education. This

month’s cover story covers existing programs,

such as ACMO’s and CCI’s course offerings,

requirements for managers and first-time

directors anticipated in the new legislation, as

Study shows

benefits of

smoke-free

buildings

Continuing

education

NEW FEATURES ONLINE

www.reminetwork.com

well as what the industry is doing to prepare for

these changes.

Plus, a pet education professional walks

through how to develop effective pet policies;

a condo lawyer interprets what a recent court

decision means for the definition of owner

signatures; and a tree maintenance expert talks

preventing and cleaning up after storm damage.

Continuing education, whether it takes the

form of a refresher course or a seminar on an

emerging industry issue, is a pillar of success

across all professions. It becomes especially

important during times of transition, such as the

sweeping legislative reform about to occur in the

condo industry.

As soon as I was starting to fancy myself

part expert in all things condo, the rules and

regulations are about to change. The good news

is: we’re all in this together, from veteran industry

members to new owners and board directors.

Michelle Ervin

Editor, CondoBusiness

michellee@mediaedge.ca

Defining outdoor

views from

bedrooms

Editor

Michelle Ervin

Advertising Sales

Paul Murphy, Melissa Valentini,

Sean Foley

Senior Designer

Annette Carlucci

Designer

Jennifer Carter

Production Manager

Rachel Selbie

Contributing Writers

Marc Bhalla, Clark Brown, James Davidson,

Andreea Dolnicianu, Michael Le Page, Josh

Milgrom, Erin Ruddy, Craig Southwell

Subscription Rates

Canada: 1 year, $60*; 2 years, $110*

Single Copy Sales:

Canada: $10*. Elsewhere: $12

USA: $85

International: $110

*Plus applicable taxes

Reprints:

Requests for permission to reprint any

portion of this magazine should be sent to

info@mediaedge.ca.

Circulation Department

Gill Daniels

circulation@mediaedge.ca

(416) 512-8186 ext. 234

CONDOBUSINESS is published

eight times a year by

President

Kevin Brown

Accounting Manager

Maggy Elharar

5255 Yonge Street, Suite 1000

Toronto, Ontario M2N 6P4

(416) 512-8186 Fax: (416) 512-8344

e-mail: info@mediaedge.ca

CONDOBUSINESS welcomes letters

but accepts no responsibility for unsolicited

manuscripts or photographs.

Canadian Publications Mail Product

Sales Agreement No. 40063056

ISSN 0849-6714

All contents copyright

MediaEdge Communications Inc.

Printed in Canada on recycled paper.

Toronto to curb

builders’ use of

public space?

Delineating

where private

property rights

end

/condomediaedge

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/condomediaedge

STAY CONNECTED

Sign up for our free E-Newsletter at www.reminetwork.com/e-news-form

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THE INTERVIEW

A planned North York condominium

project has been cancelled — and a

lawyer arrested in connection with

missing unit deposits — but the original

development proposal sign remains on

the site.

Inside an alleged condo fraud case

In late August, Toronto police arrested a woman

in connection with a reported $2 million in missing deposits

on pre-construction condo units in a now-canceled North York

development. It is alleged that the woman, a lawyer acting on behalf of Centrust

Group, completed purchase-and-sale agreements for the project, known as Centrium, and

was meant to hold deposits in trust until the project was completed. Now, Meerai Cho, 63,

is facing 25 counts each of fraud over $5,000, breach of trust and possession of property

obtained by crime over $5,000. None of these charges has been proven in court.

CondoBusiness asked lead investigator Detective Constable Christopher Bennoch, from the

fraud office of the Toronto Police Service’s 32 Division, about the facts of the case so far.

8 CONDOBUSINESS | www.condobusiness.ca

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inal

s on

THE INTERVIEW

How did the Centrium case come to the attention of

Toronto police?

The first victim reported July 21 of this year to the Toronto Police

Service. It was reported to 33 Division; however, due to the project’s

address of 5220 Yonge St. being located in 32 Division, it was then

transferred to my office.

What is the victim count to date?

It changes every day. There are approximately 108 reportees to date.

Could there be more victims who have yet to come

forward?

Yes.

What is the total amount lost by purchasers to date?

The current figure is approximately $8 million. Some of that may be

returned through Brattys [a law firm that held deposits for a portion of

the project’s units in trust and was expected to return the deposits it

still holds in full].

Speaking of Brattys, a subsequent news report said

that residential unit purchasers will recover their

deposits, but not the commercial unit owners?

My understanding is that residential unit purchasers’ deposits, which

Brattys was holding in trust, will be returned.

Can you elaborate?

It appears, at a point in time which has yet to be determined, Brattys

was handling a portion of the project.

It was essentially a mixed-use condominium, with a two-level

base and two towers rising out of the base. One would have been

a hotel tower, which are the hotel units. Each unit would have been

individually owned and operated as a Hilton hotel with some sort

of lease-sharing agreement in place between the owners of each

individual unit and the hotel, which would be operating the hotel. One

would have been a residential condo tower, which are personal-use

living condos. And then the base was commercial units comprising

two levels of stores and restaurants.

Most of the purchasers who bought the hotel and commercial

units seem to be affected [by the alleged fraud].

Did that happen initially? It sounded like cheques were

given to one entity and then transferred without notice

to Ms. Cho.

At some point, which I have yet to confirm, files and deposits appear

to have been transferred.

With respect to Brattys, are you aware of any deposits

being returned at this point?

I am unaware of that, but there is a hearing — I believe it’s for Sept.

2 — which may pave the way for Brattys to return deposits to their

rightful owners.

Has anything like this case ever occurred in Toronto

before?

I am unaware of anything that is similar in scope, where a lawyer is

[allegedly] involved to this extent.

How does something like this happen? Aren’t there

safeguards in place?

[Without being an expert in real estate law], from what I understand,

the funds being handed to the lawyer in trust is the safeguard

between the builder and the purchaser, so that the money is

essentially in a trustworthy location, with no interest either way.

Who is most at risk of falling victim to this kind of

fraud?

I don’t think there’s anybody who couldn’t fall victim to this, as it was

a relatively normal process. I don’t know if you’ve ever purchased

a condo pre-construction, but it’s fairly simple. Once you sign the

purchase-and-sale agreement, you hand over your post-dated

cheques and you’re pretty well finished until the building’s built to the

point of possession, and that could take two, three, four years.

With the Centrium case, how much time elapsed

between when the first purchasers signed purchaseand-sale

agreements and when police received the first

complaint?

There’s a two-year period of sales, but sales started early in 2010, so

four, four-and-a-half years for some people.

How can condo buyers better protect themselves?

One thing I would recommend is — and this may occur more often

because of this incident — a buyer could do more research into the

builder, the building, the lawyers involved — really every aspect of

the project. I can’t think of anything outside of that, besides maybe

negotiating the contract to lower your deposit; at least then you’re

decreasing the amount that you could lose if something was to go

wrong in the end.

What steps should a condo buyer take if they believe

they are a victim of fraud?

I would definitely report it to police as a first step. And, depending on

what evidence they have, they can always report to the [Canadian]

Anti-Fraud Centre, or Tarion, being a new construction, and,

depending on who’s involved in the fraud, there’s always the law

society or examples like that.

What evidence should alleged victims consider bringing

to police, if they have it?

Generally, any evidence that would support the claim that they’re

making. You can provide a statement telling the story, so that we

know what the story is from your point of view, and any supporting

documentation, whether it be bank records or contracts or whatever

the case may be.

September 2014 9

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THE INTERVIEW

I don’t think there’s anybody who

couldn’t fall victim to this, as it was a

relatively normal process.

With the help of a

CARMA With the UTILITY help of a

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What are the prospects for recovering the

missing money in the Centrium case?

It’s very difficult to say at this point. The

investigation is ongoing and tracking down the

money is a primary concern.

Do you believe the accused acted alone?

Are there other persons of interest in this

case?

There are others, as part of the investigation,

but until information is gathered, right now, it’s

just her [Ms. Cho] facing the charges.

Do you anticipate further charges?

I do anticipate further charges.

Could something like this happen again?

It’s difficult for me to say … There’s always

a possibility of fraud occurring as money is

involved. The main thing is, hopefully, people

learn to be a little more careful, ask more

questions, be inquisitive as to where their

money’s going, how they’re spending their

money, who’s taking their money, and maybe

they can make a more informed decision.

Who can persons who believe they may

be victims or have information relating to

the Centrium case contact?

They can contact me anytime (phone: 416-

808-3288; email: b8840@torontopolice.on.ca).

C

M

Y

CM

MY

CY

CMY

K

Call us today: 1-888-298-3336

www.carmaindustries.com

info@carmaindustries.com

Call us today: 1-888-298-3336

www.carmaindustries.com

info@carmaindustries.com

For breaking news

in the condominium

industry, visit

10 CONDOBUSINESS | www.condobusiness.ca

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Kazi M Shahnewaz

647.887.5676

k.m.shahnewaz@condominiumliving.ca

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EDUCATION

A property

manager’s five

must-have skills

BY MICHAEL LE PAGE

Property managers must

be dexterous chameleons to

respond to the ever-changing

day-to-day demands of their

jobs. Arriving with a post-secondary

education, and then obtaining a Registered

Condominium Manager (RCM) designation,

is just the beginning. Continuous learning is

paramount and, indeed, often determines the

success of property managers and the longevity

of their careers.

As the property management world grows increasingly

complex, property managers must ensure their hard skills and

knowledge remain current amid technological advancements

and industry-related innovations. Equally important is the

development of their soft skills. If property managers are

prepared to work hard for the greater good of the communities

they serve, they can enjoy the numerous rewards of the job.

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EDUCATION

What does it take? Let’s take five —

five skills that contribute to a property

manager’s success:

1. Communication

Property management is a business built

on the relationships of people. Both written

and verbal communication skills are required

to effectively correspond with residents,

employees, trades, industry professionals

and municipal officials. Professional, clear

and concise communication is pivotal in

meeting the needs of residents and boards.

2. Organization

Property managers multitask every day

and in every way. Organization and time

management skills will be tested constantly,

as it is incumbent upon the manager to

ensure all administrative, budgetary and

project timelines are met. What’s more,

the property manager is at the helm of the

corporation, so his or her attention to detail

is paramount. Minor errors can create major

problems. For example, if undetected, one

incorrectly entered number on a spreadsheet

could skew an entire budget.

email, to setting up an Excel spreadsheet, to facilitating a Skype meeting, tech savvy

will help a property manager to efficiently meet the demands of their workload.

Of these five skills, communication merits further discussion.

In this community-based business, the adage that “people will forget what you

said and forget what you did but they will never forget how you made them feel”

holds especially true. Therefore, it is important that property managers and their

companies strive to make every interaction as positive as possible. Oftentimes

a condominium corporation’s documents do not allow property managers to

provide a resident’s desired answer, and how managers deliver that response

goes back to skill number one.

CONSULTING ENGINEERS

3. Leadership

Leadership is a quality that bodes well in

any business and property management is

no exception. The ability to lead by example

with respect to fellow employees, boards of

directors and all members of the community

is imperative. By guiding the board of

directors through key decisions, property

managers can strengthen a corporation’s

position, which is the goal of the property

management firm.

4. Financial literacy

Financial literacy, and being comfortable

working with numbers, is a requirement

for a successful property manager. Tasks

incumbent upon the manager include:

the ability to read, present and explain

financial statements to the board of

directors, and answer related questions,

as well as complete expense analyses

and budget projections and prepare the

corporation’s annual budget.

5. Computer proficiency

Computer skills are a necessary tool as

property managers are increasingly

expected to deliver turnkey results. From

the simplest of tasks, such as sending an

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Bleed

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EDUCATION

Live

[A property manager’s] communication

skills can be enhanced by participating in various

personality-type training sessions, such as DISC,

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One’s communication skills can be enhanced

by participating in various personality-type

training sessions, such as DISC, Myers Briggs

or Personality Dimensions. These types of

personality profiles are based on leading-edge

research into human motivation and behaviour.

The tools derived from this type of training will

help property managers to understand what

motivates behaviour in people with different

personalities or temperaments.

Greater understanding and insight into

personality types and temperaments allows

the individual to understand why people

communicate the way they do, what creates

stress for them, what frustrates them and what

they value and seek. This information helps to

ensure that a message, regardless of the topic,

is delivered in the most successful manner.

At times, it appears that condominium

management is focused on the physical

demands of bricks, mortar, concrete, glass and

the complexities of financial statements and

reserve fund studies, but the most important

element, and an ever-changing one, is the people

that inhabit and contribute to each community.

Therefore, recognizing the importance of these

interactions will be key to one’s success.

As the property management industry

continues to grow and evolve, opportunity

abounds for those who are interested in

committing to this dynamic and rewarding

service industry. Take five to develop the skills

required to enter, progress within, or contribute

to positive change, in the industry proudly

served by so many. 1

Michael E. Le Page, R.C.M., is president and

CEO, Maple Ridge Community Management

Ltd., an ACMO 2000-certified firm founded

in 1984. MRCM invests heavily in employee

development, through industry-related courses

and its exclusive L.E.A.D. program (Leadership

Evolution and Development). For more

information, contact Michael at mlepage@

mrcm.ca or visit www.mrcm.ca.

14 CONDOBUSINESS | www.condobusiness.ca

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EDUCATION

How to

build a New

Owner’s Manual

Many condominium corporations

create and maintain a New Owner’s

Manual. It’s a rather daunting task to add

to a corporation’s list of urgent and important action items, but there are many benefits

to maintaining and distributing a well-provisioned guide to a condominium community

specifically and condominium living generally.

BY ANDREEA DOLNICIANU

The New Owner’s Manual is a

perfect tool to increase points of

communication with owners. Moreover,

using an information package to

educate unit owners about their

community saves the property manager

time in the future. For example, the

property manager need not answer

the same fundamental questions about

condominium living, or a particular

corporation, to each unit owner

repeatedly, thereby freeing up time for

completion of other core tasks.

Property managers, together with a

corporation’s board of directors, should

be encouraged to develop this type of

manual as a community’s arsenal of

knowledge. What follows are tips on

what information to include and how to

present that information.

Above all, the manual should answer

the questions that unit owners are

most likely to have. (For example: What

am I responsible for maintaining and

repairing? How do I get more remotes

for the garage? Can I paint my door?

What are the visitor parking rules?)

But to start, condominium living is a

new concept for many new owners. As

such, it is worth dedicating a section

to briefly explaining how condominium

living works. The sections of the

Condominium Act are a good point of

reference for determining what topics

to include.

In addition to discussing condominium

living in general terms, the New

Owner’s Manual should deliver specific

information about the corporation,

given that each property is different.

For instance, the manual could define

the boundaries of units and common

responsibilities of unit owners, together

with a disclaimer stating that owners

should seek the advice of the property

manager when they are unsure. Likewise,

what constitutes alterations to the

common elements should be described in

detail, especially if the corporation has a

specific policy on the topic.

All corporations also have important

building-specific information, such as

where the electrical panel is located,

how to operate the HVAC system, where

water shut-off valves are located, how

to use garage-door remotes, visitors’

parking instructions, and how garbage is

collected, among many other items.

Another aid to unit owners is to include

frequently requested documents, such as a

copy of the rules, the corporation’s insurance

certificate, and the budget (to help owners

understand what their maintenance fees are

paying for).

Also provide information about the

property management company and the

board of directors. Unit owners should be

aware of the role of property management,

its working hours, typical response times

to phone and written inquiries, and contact

information. The type of information

disclosed about the board of directors is

up to that particular board of directors. Key

service providers, such as the landscaping

company, should be noted as well, so that

16 CONDOBUSINESS | www.condobusiness.ca

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EDUCATION

unit owners are familiar with the people that

they should expect to be on the premises on

a regular basis. Other important telephone

numbers and contact information include

the parking control company and other key

service providers.

Last but certainly not least, New Owner’s

Manuals should include emergency plans.

An easy way for the property manager

to communicate the fire safety plan is

through the manual. And, as anyone who

worked through a power outage would

know, it is valuable to communicate the

corporation’s power outage policy before

such an event happens. In times of panic

and stress, it helps to have prepared

owners in advance. One aspect of this

is highlighting emergency telephone

numbers for the corporation, property

manager, superintendent, fire department,

gas company, hydro company, and others,

as applicable to an individual corporation.

Some of the information contained in

the New Owner’s Manual will change

often, so the corporation must consider this

when determining the manual’s format. For

example, a pre-printed booklet is harder

to modify than a spiral bound copy that is

updated and printed with every welcome

letter sent after a change of ownership notice

is received and processed. And, given that

new unit owners are unlikely to read a manual

cover to cover, consider including a preface

and detailed index for ease of reference.

After the living document is created, the

property management company can assume

responsibility for updating it. However,

many boards like to retain responsibility for

the document, since property managers will

come and go over time.

A comprehensive New Owner’s Manual

takes a lot of effort to prepare, from

determining what information to include

to how to present it, to maintaining it.

Nevertheless, a well-thought-out information

package has proven time and again as a great

communication, education and time-saving

tool for any corporation. 1

Andreea Dolnicianu, iBBA, MSc, president,

Comfort Property Management Inc. As a

founding partner of Comfort Property

Management Inc., Andreea is dedicated to

the condominium industry and educating

the general public about issues affecting the

communities in which the company operates.

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COVER STORY

LEARNING

CURVE

18 CONDOBUSINESS | www.condobusiness.ca

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COVER STORY

On a Tuesday evening this past June,

BY MICHELLE ERVIN

condo board directors and related

industry types filtered into a hotel

conference room. Gradually, leading up to 7 p.m., they filled in

row after row of tables, each chair paired with a blue binder as a

place setting, until the room was nearly at capacity. The binder’s

cover read: The Toronto and Area Chapter of the Canadian

Condominium Institute: Level 101 Condominium Course.

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COVER STORY

The course is but one of the

educational programs on offer for those

who wish to learn more about how

condominium corporations are run. They

are all voluntary — for now.

If the Ontario government adopts

proposed changes to the Condominium

Act, new condo board directors —

and property managers, via separate

legislation concerning the licensing of

their profession — are likely to face

compulsory educational requirements

once reforms are rolled out.

The reform process was delayed by the

provincial election this spring. With the

same political party retaining power, now

with a majority, the government appears

poised to introduce draft legislation at

Queen’s Park after the fall session begins

on Oct. 20.

The recommendations for education

come from a solutions report — the

product of a two-year Condominium Act

review — prepared by an expert panel

and released last September.

Armand Conant was heavily involved

in the Condominium Act review. As a

condominium lawyer and partner of

Shibley Righton LLP, Conant participated

in two of five working groups, as well as

sitting on the expert panel, to develop

recommendations for the review’s

five major issue areas. Before this, as

co-chair of the Canadian Condominium

Institute’s Toronto chapter’s joint

legislative committee with the

Association of Condominium Managers

of Ontario (ACMO), he helped prepare

a 120-page legislative brief, in which

CCI’s seven Ontario chapters endorsed

mandatory basic education for directors.

“It is clear, in every province, that the

root of the issues that arise in condo

corporations, the root of disputes, is

a lack of understanding or knowledge

of condominiums by condo owners

and condo directors,” Conant says.

“You’ve got these hard-working

volunteer directors coming in to run a

$5-million operating budget, [but they

have] no experience running a condo

corporation.”

Since CCI formed more than 30

years ago, its core focus has been

education for directors. Currently,

at the centre of its programming are

courses for directors, broken into three

levels, starting with 100. As Conant

explains, the level 100 courses give

an introduction to subjects including

finance, law and management, which

are each then explored at greater depth

in the 200 and 300 levels.

What the solutions report recommends

is three hours of introductory education

for first-time condo directors. The key,

Conant says, will be to ensure this

requirement, if adopted in the new

legislation, meets three criteria.

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538

COVER STORY

7544

“It’s going to be free; you can do it in your living room

if you want [i.e. it’s convenient]; there’s no exam,” 532 says

Conant. “What we have to balance on the mandatory

education of first-time condo directors is we don’t want to

scare off candidates … right now it’s hard enough to get

people willing to run for the board.”

Conant suspects that CCI’s level 100 course might fulfill

whatever curriculum the government sets out for basic director

education, but, although the organization is open to helping

out, it’s not advocating that it become the sole provider of this

proposed mandatory education.

ACMO, conversely, is hoping to become the sole

provider of the education condo managers will eventually

require in order to be licensed. For more than 30 years,

the association has pressed for the professionalization of

its industry through various means, including educational

programming that now reaches as far as North Bay and

Sudbury via community colleges.

The Ontario government has already committed to

regulating the condominium management profession. It

was able to announce the move in advance of the solutions

report thanks to broad-based stakeholder support.

The solutions report recommends a two-stage licensing

process, which would require professionals to first meet

basic criteria, including being at least 18 years old and

passing a Condominium Act test, to begin working in

the field. Managers would then be required to complete

courses in subjects including finance and physical

asset management and clock two years on the job. The

licensing process would be overseen by a delegated

administrative authority (DAA), an agency working at

arm’s-length from the government to implement and

enforce legislation and regulations.

Wilson Blanchard’s Dean McCabe, recent past-president

of ACMO, says the educational component set out in the

solutions report essentially mirrors ACMO’s educational

programming. Currently, he estimates, anywhere from

one-quarter to one-third of all condo managers in Ontario

possess ACMO’s Registered Condominium Manager (RCM)

designation.

Alongside the DAA, he believes, would be a separate

education provider, a role he believes should be filled by

ACMO, similarly to the way the Law Society of Upper Canada

and Ontario Society of Professional Engineers operate.

“[This model] allows the industry to bring best practices

to its profession,” McCabe says, “and it allows, in almost

every industry, for the bar to be raised, rather than [to be

lowered] to the lowest common denominator.”

For now, though, the industry will have to wait and see what

the Ontario government comes forward with in new legislation.

After the legislation is introduced, it will have to

go through three readings and be subject to committee

hearings between the second and third reading, at which

point stakeholders can comment on the legislation and the

committee can make amendments to the legislation. It is

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COVER STORY

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hoped that the legislation will be passed in the spring of 2015

and become law in the fall of 2015.

Certain recommendations will take longer to roll out, such

as the establishment of a Condo Office (if adopted by the

government) and a licensing regime for managers.

New legislation will demand that everyone in the industry,

even veterans, update their knowledge. Once a proposed

new Condominium Act is revealed, both ACMO and CCI

intend to host educational sessions aimed at further

informing their members of coming changes, as they have

done throughout the process.

ACMO and CCI are already drafting new educational materials

based on what is anticipated in the new legislation, working

from the solutions report as a rough template. Indeed, Conant

and McCabe recommend that anyone interested in starting to

prepare for the transition read the stage two solutions report —

time-permitting; it runs around 60 pages — which is available

on the Ministry of Government and Consumer Services website

at http://www.sse.gov.on.ca/mcs/en/pages/condo_rev.aspx.

A key issue ACMO will be tracking is what the grandfathering

in of the licensing of condo managers will look like. In particular,

the association is concerned with ensuring that managers

who are already in the field are able to continue working while

working to fulfill any requirements of the new legislation.

And though the anticipated changes could be dramatic in

some areas, such as dispute resolution, McCabe believes the

new legislation will largely serve to formalize best practices.

And a lot of that will be to simply provide more specific

instructions. For example, he says, a condo corporation might

be required to, instead of “keep this file,” “keep this file for

seven years;” instead of “give notice,” “give 48 hours’ notice.”

“People that have used the Act and complied with the letter

of it, as opposed to the spirit of it, will have the greatest

learning curve,” he says.

Suffice to say, educational programming based on the current

Condominium Act remains highly relevant for managers and

directors alike.

By 10 p.m. on that Tuesday last June, back at the North

York hotel conference room, the three-hour level 101 course

was complete. Attendees had received an overview of

everything from different condominium types and the hierarchy

of documents to governance and management. Audience

questions were a constant throughout, most to do with material

dealt with in detail in subsequent courses.

It seems the more one knows about the governance and

management of an Ontario condominium corporation, the more

one realizes how much more there is to learn. 1

Stay up-to-date on the

modernization of the

Condominium Act at

416.745.7112

22 CONDOBUSINESS | www.condobusiness.ca

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GOVERNANCE

Creating a policy for safe

and clean pet-friendly communities

In Toronto’s competitive

condominium market, it ’s

important to be flexible about allowing residents to keep

pets, especially dogs, on the property. Of course, a condominium corporation wants to

protect itself, the property owners, and any other residents, so it needs to know the laws and standard

practices regarding pets in a shared community.

BY CLARK BROWN

Read more about

setting and enforcing

condominium rules at

The truth is, many pet owners have the

same or higher standards of cleanliness

than non-pet owners, and they frequently

have the same amount of — or less —

property damage than their non-pet-owning

counterparts. Simply owning a pet does

not suggest that someone intends to be

irresponsible or leave the property in disarray.

In fact, many pet owners go out of their way

to keep their space clean and in good repair

just to overcome these stereotypes.

Allowing pets in their communities

may not be the right decision for all

condominium corporations, but

it is certainly something worth

considering to keep a property’s value

competitive on behalf of all owners.

If a condominium corporation is open

to allowing pets, its board will need

to make sure that it has clear, concise

legal documentation to protect the

corporation on behalf of unit owners.

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GOVERNANCE

Start with a pet policy (rule) that

is provided to each pet owner and

is enforced fairly and equitably. As a

member of the property management

team or condo board, it is important

not to show favouritism when it comes

to enforcing a community’s pet policy.

Barring special circumstances that

demand different treatment, such

as a disabled resident who relies on

a service animal, doing so opens the

corporation up to litigation if an incident

occurs or if a resident feels that they

have not received the same benefits as

another resident.

What should be included in a

corporation’s pet policy? First, it would

be beneficial to specify what pets are

allowed, and specifically any breeds of

dogs that are not allowed. A corporation

may have the right to disallow a breed

where there is evidence that the breed

may be prone to aggressiveness.

Even if the board feels strongly about

allowing all breeds of dogs to reside

on the corporation’s property, it should

check to see if the local government

agrees. Some provincial and local

governments ban certain breeds of

dogs within their city limits. It would

be helpful to include this information

in the community’s pet policy to make

sure that potential residents are aware

of the law.

Additionally, a corporation’s pet

policy should include requirements

that residents’ pets be properly

vaccinated and licensed according to

local and provincial regulations, and

that residents are responsible for their

pets, including damages and waste.

Dog owners need to understand that it

is their responsibility to pick up all pet

waste in common areas of the property,

and to dispose of it properly. They must

also be responsible for any necessary

repairs or restoration caused by pet

waste or activity inside or outside the

residential structure. To this end, a

board may want to consider charging

residents with pets a pet deposit to

cover these damages.

A pet policy should also include the total

number of allowed pets per residence.

In determining a reasonable number,

take into account the amount of space

in each residence. If a condominium

contains residences of varying sizes, the

corporation may want to avoid a onesize-fits-all

policy. For example, while one

dog may be the maximum allowed in a

studio apartment, the same complex may

include three-bedroom condos that could

easily accommodate two to three dogs.

However, be aware of local regulations

regarding the number of allowable pets,

and incorporate this information into the

corporation’s pet policy.

[Editor’s note: A policy of allowing different

numbers of pets for different sizes of units

has not been tested in Ontario’s courts;

however, James Davidson, an Ontario

condominium lawyer, thinks that a court

might uphold such a policy as long as

a board had a non-arbitrary reason for

implementing it.]

Next, let's take a more in-depth look at a

corporation’s legal responsibilities when

it comes to pet owners, and if an incident

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GOVERNANCE

should happen on the property, the

corporation’s liability.

Once a comprehensive pet policy has

been established to identify what type

and how many pets are allowed to live

on the property, address the possibility

that residents may occasionally have

guests with pets, or may be asked to petsit

for others. Establish rules for these

circumstances. The most restrictive policy

would be to disallow any visiting pets, but

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this may not be practical for many unit

owners and residents. So it may be in

a corporation’s best interest to allow

visiting pets that meet its guidelines

for size, weight, number, vaccinations,

and any other regulations, and perhaps

to establish maximum timeframes

and number of visits. A corporation

must also make clear in its policy that

residents are legally responsible for

all visiting pets, including damages,

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waste, and any other issues, just as if

the dog was their own.

[Editor’s note: If limiting the number

of pets, a corporation’s policy should

indicate how the rule applies to visiting

pets, says Davidson. For example, if the

policy specifies one pet per unit, can a

unit owner host one resident pet and

one visiting pet, or one pet total?]

Another legal issue relating to pets in a

condominium community is the inclusion

of service animals. Service animals and

their owners are protected by both the

Ontario Human Rights Code and the

Accessibility for Ontarians with Disabilities

Act (AODA). The human rights code

dictates that a pet can’t be prohibited if

a resident requires that pet to be able to

live in their unit. The test for a resident

“requiring” a pet is that the animal is

more than a comfort to the person, as

supported by a doctor’s or nurse’s letter.

However, the client service standard

introduced to AODA in 2012 has perhaps

changed the law, Davidson believes. Now,

it might be that all owners or residents

need is a letter from a doctor or nurse

indicating that their animal is a required

service animal.

No property owner or manager can

disallow service animals in any area where

residents are allowed, including common

areas. Most property owners are familiar

with seeing-eye dogs and dogs that assist

people with disabilities, but they may

be surprised to learn that other animals,

such as miniature horses (although less

common), can be trained to assist people

with disabilities. Keep these requirements

in mind and be sensitive when dealing

with potential residents who require the

assistance of a service animal. Though

service animals are not considered pets,

their owners or handlers are responsible

for any waste, damages, or other

occurrences while on the property.

Likewise, whether a service animal or

a pet, the owner/handler is responsible

if the animal acts aggressively towards

any person, whether in the resident’s

home or in a common area. Property

owners and managers are generally

not liable for injuries caused by animals

on their property. The only exceptions

to this rule are if the property owner

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GOVERNANCE

or manager is actively in control of the

animal, or if he or she is aware that the

animal has a history of being aggressive

or dangerous. Residents are responsible

for their animals at all times, whether the

dog is inside their home or in a common

area of the property.

[Editor’s note: Elbaum v. YCC No.

67, which is currently working its

way through the Ontario courts,

has established that a corporation

might potentially be held liable for

circumstances in which the Occupiers’

Liability Act applies, Davidson says. In

this case, the plaintiff has sued both the

dog owner, pursuant to the Dog Owners’

Liability Act, and the condominium

corporation, alleging that the corporation

failed to take reasonable steps to

prevent a dog attack on the common

elements. The plaintiff cited a handful

of potential steps the corporation could

have taken, including creating a rule that

requires dogs to be kept on leashes.]

When it comes to pet policies, it can be

beneficial for a condominium corporation

to be inclusive. That said, it still needs to

ensure the cleanliness and safety of the

community for the sake of residents,

employees and visitors to the site.

Ultimately, a policy that carefully balances

these needs accordingly will help to ensure

a healthy pet-friendly community. 1

Clark Brown is the CEO of PETSYNC

Education Services. Founded in 2013,

PETSYNC Education Services is

committed to syncing pet safety and

shared communities through e-learning

for companies and individuals through

cutting-edge technology on subscription

model on topics ranging from the basics

of pet ownership, to how to approach

and work with dogs and engage with

the dog loving public while on the job.

The preceding article is excerpted

from the Property Managers Guide to

Responsible Dog Ownership ©2014

PETSYNC Education Services LLC.

Editor’s note: Special thanks goes to

James Davidson, partner, Nelligan

O’Brien Payne LLP, for providing advice

on notes clarifying the Ontario legal

context.

No property owner or

manager can disallow service

animals in any area where

residents are allowed, including

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GOVERNANCE

Director’s code

Owners rightfully expect that

directors will fulfill their role ethically

BY JOSH MILGROM

and in the best interests of the condominium corporation.

But what happens when a director fails to uphold a certain level of ethics or standards?

A code of ethics helps ensure that directors

act honestly, ethically, and in the best

interests of the corporation and serves a

symbolic function by illustrating to owners

the board’s values.

The standard of care

The Condominium Act sets out the broad

standard of care required of directors:

directors must act honestly and in good faith

and exercise the care, diligence and skills

that a reasonably prudent person would

exercise in comparable circumstances.

While this standard may be sufficient to

ensure that directors act in the corporation’s

best interests in most instances, a code of

ethics expands on this general standard by

citing more specific values and expectations

for directors.

Some important provisions in a

fulsome code of ethics include a broader

definition of conflict of interest (the Act is

limited to an interest in transactions and

contracts); respect for democracy; zero

tolerance for defamation, discrimination

and harassment; continuing education;

commitment to minimizing conflict;

preparedness for meetings; and

confidentiality of matters discussed at

board meetings. A good confidentiality

provision could outline that all matters

discussed at board meetings are

deemed to be confidential and will not

be disclosed to any person (including

spouses) unless otherwise determined

by the board. All of these provisions could

help strengthen the board of directors and

reduce the potential liability arising from

misconduct for both individual directors

and corporations.

However, a code of ethics without

an enforcement mechanism, without

any “teeth,” has significant limitations.

While a standalone code of ethics can

be an effective tool to set the stage for

removal, unless it is enshrined by bylaw,

it is unlikely to be effective in effecting the

removal of a director.

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GOVERNANCE

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How can a code breach lead to removal?

The roles of directors and property

managers are challenging at the best

of times; governing and managing the

corporation while dealing with a director

who breaches a code of ethics can be an

exponentially more daunting task. This is

particularly so if the corporation does not

have mechanisms in place to remove a

director who breaches a code of ethics,

other than requisitioning a meeting to

remove the director pursuant to section 33

of the Act.

Section 33 permits owners to

requisition a meeting for the purpose

of removing directors before the end

of their term. While this provision is

helpful to remove a director in certain

circumstances, a director’s breach of a

code of ethics is not necessarily publicized

to the owners who don’t have a seat on

the board.

As a director, requisitioning a meeting

for the purpose of removal of a fellow

director can be uncomfortable, optically

challenging, and politically difficult. What

will the remaining owners think of the

requisition? How will a director be able to

avoid defaming the fellow director? Will

the fellow director attempt to canvass

the owners as well, potentially sharing

confidential or misleading information?

Fortunately, section 56 of the Act

provides that the board may make a

bylaw governing the removal of directors.

Many corporations with updated bylaws

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GOVERNANCE

have taken advantage of this provision

to prevent a corporation from being

handcuffed by a rogue director without an

effective mechanism for removal.

Gordon v. YRCC No. 818

The recent case of Gordon v. YRCC No.

818 dealt with a provision in a bylaw

governing the removal of directors. This

was the first time such a provision had

been challenged in Ontario, although

these types of provisions have been

around since the Act came into force in

2001. Director removal provisions are

growing in popularity as older corporations

begin to update their bylaws.

YRCC No. 818’s bylaw provided that a

director found to have breached the code

of ethics three times will be deemed to

have resigned. The bylaw also required

an ethics review to be conducted by the

remainder of the board to determine

whether a breach had in fact occurred.

The board of directors conducted the

ethics review and disqualified the director.

The director then challenged the validity

of the bylaw and the disqualification. He

argued that only owners have the power

to remove a director and that the bylaw

was not valid.

The court disagreed with the director

and found that a corporation is entitled to

pass a bylaw that empowers the board

to remove a director upon a breach of

the code of ethics. The Act contemplates

that the majority of owners can, through

bylaw, give the board the ability to effect

this type of removal.

Although the bylaw was upheld, the

court concluded that the manner in which

the ethics review had been carried out

was unfair to the director. He was not

given adequate notice of the ethics review

or the substance of the case against

him, which violated the principles of

procedural fairness and natural justice.

The court required the board to conduct a

fresh ethics review within 90 days of the

decision; one where the director would

have adequate notice and information as

to the case against him.

Following the decision of the court,

the board of directors conducted a fresh

ethics review. It again found that the

director breached the code of ethics three

times and should be disqualified.

The director appealed the decision.

The Ontario Court of Appeal upheld the

validity of the bylaw, thereby confirming

a corporation’s ability to implement this

important protection against directors who

breach the code of ethics.

This decision serves as an important

reminder to corporations involved in the

removal of a director. With emotions running

high and patience wearing thin, it is important

to engage in a fair process leading up to and

including the potential removal. Failure to

do so could lead to the corporation being

required to reinstate the director or conduct a

fresh ethics review.

By proactively implementing a code of

ethics and enshrining it in a bylaw, boards can

minimize the risk of having to deal with the

distraction and potential liability associated

with a rogue director. 1

Josh is an associate in Aird & Berlis’

condominium group. His practice is focused

on advising condominium corporations on all

matters relating to the Condominium Act.

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LEGAL

Sign on the digital line?

Under Ontario condominium

law, certain documents require the

owner’s signature or written consent.

BY JAMES DAVIDSON

Section 46 of the Condominium Act states that meeting

requisitions (whereby owners request a meeting) must be in writing and “signed” by

the requisitionists. Section 52 of the Act states that an instrument appointing a proxy must

be in writing “under the hand of the appointer or the appointer’s attorney”. Section 107

of the Act states that an amendment to a condominium’s declaration or description may

be approved by way of written consent from the owners of 80 or 90 per cent of the units

(depending upon the nature of the amendment). These are only a few examples.

32 CONDOBUSINESS | www.condobusiness.ca

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LEGAL

How are such “signature” requirements fulfilled? Does this

mean that the document in question must contain the owner’s

handwritten signature? A recent Ontario Superior Court decision

shed valuable light on this issue.

In the case of Hogan v. Metropolitan Toronto Condominium

Corporation No. 595, the condominium corporation planned to carry

out a non-substantial modification to the common elements. The

corporation therefore provided notice to the owners pursuant to

section 97(3) of the Act.

Owners then submitted a requisition for a meeting of owners

to consider the proposed modification. Sixty-three of the owners

executed the requisition forms, “19 of which were executed by

indicating their names in cursive writing and 44 were executed by

the writing of the owner’s name in print”.

The condominium corporation asserted that the printed names

were not acceptable and refused to call a meeting of owners, given

that fewer than 15 per cent of the owners had signed the requisition

(if one did not include the printed names).

The Court ruled that the requisition was valid and the meeting

should be held. In the decision, the judge concluded that the printed

names of the condominium unit owners met the Act’s requirement

of the document being “signed” just as much as the owners

who recorded their names in cursive. The judge reasoned that

the requisition forms clearly and unequivocally conveyed each

condominium owner’s intention.

So, the Hogan case indicates that a “signature” can be a handprinted

name. A signature doesn’t have to be the cursive notation

traditionally equated with a signature.

But the case raises further questions. What other forms of signature

are possible? For instance, can an email message — confirming

the owner’s endorsement — constitute a signature? Or would an

electronic signature (typically conveyed by email) suffice? What about

a video or audio recording (electronic or otherwise)? Also, what if the

owner in question is physically unable to “sign” in the traditional way?

Can the owner confirm his or her endorsement by some other means?

In this modern technological world, it seems that there may be

many forms of signature. The key, in this lawyer’s opinion, is to be

reasonably satisfied that the owner’s endorsement has been received

— and recorded.

Therefore, as long as it is reasonable to conclude that the owner

has indeed provided a particular email message, or a particular video

or audio recording (or other endorsement) — i.e. the endorsement’s

integrity is not in question — it seems that a signature can be properly

provided by many means. 1

James Davidson is a partner at Nelligan O’Brien Payne

LLP, and has been a member of the firm’s Condominium

Law Practice Group for more than 30 years. He represents

condominium corporations, their directors, owners and

insurers throughout eastern Ontario.

Untitled-5 1

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MANAGEMENT

Property manager in the middle

Property managers often find

themselves sandwiched in conflict

involving members of the condominium

communities they manage. While few wish to exacerbate such

conflict or take sides, it can be difficult to avoid becoming ensnared in emerging

disputes. After all, property managers can significantly — even if unintentionally — impact

how these situations ultimately play out.

34 CONDOBUSINESS | www.condobusiness.ca

BY MARC BHALLA

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MANAGEMENT

What follows are five tips for property

managers who find themselves caught in

between quarrelling parties:

Don’t overstep the PM’s role

Property managers fill a range

of roles, but they should not

add playing Judge Judy for

bickering community members to the

list. Condominium bylaws may provide

property managers with a great deal

of discretionary power — for example,

the power to define what constitutes

a reasonable level of noise — but they

shouldn’t feel obligated to apply its full

force. Property managers already have a

heavy workload.

If property managers are simply

investigating an issue, they should make

that clear. Take a positive approach, with

a mentality of trying to gain understanding

rather than assigning guilt. Property

managers shouldn’t take responsibility

for delivering instant resolutions — it’s

unrealistic and a lot to bear.

Consider the community

In theory, it should not matter

who within a community is

involved in a conflict. In reality,

the identity of those involved may impact

the situation significantly. Regardless

of whether a conflict involves a chronic

complainer or the board president, try to

shelve personal history and consider the

overall community’s interests.

If an issue were to proceed all the way

to court, an important test in assessing the

actions of the condominium corporation —

which a property manager is representing

— will be whether the parties were

fairly treated. As a personal check-in,

consider whether another reputable and

knowledgeable property manager would

take the same approach in comparable

circumstances. Property managers who

can say that any member of the community

would have been treated a certain way foster

an environment of equality and equip their

condominium corporation to present well in

the event it has to appear before a judge.

Set shared expectations

Many times, conflict in a

condominium environment

escalates as a result of a

misunderstanding or misperception.

Perhaps a resident is unaware that the

condominium corporation’s business can

only be conducted at duly constituted

board meetings, which typically take place

no more frequently than once a month. Or

perhaps an affected person is not aware

of the property manager’s regular hours

on site.

A lack of reply may be perceived as

an indication that no one cares when,

in fact, the manager was not scheduled

to be in the office or the board has not

yet had a chance to review the concern.

Acknowledging that a communication

has been received and advising when a

reply can be expected can stop a conflict

from escalating due to misguided

assumptions. This is not about providing

solutions but trying to keeping everyone

abreast of the process.

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September 2014 35

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MANAGEMENT

Acknowledging that a communication has

been received and advising when a reply can be

expected can stop a conflict from escalating due to

misguided assumptions.

Listen, explain process

As is painstakingly obvious

at many annual general

meetings: people want to be heard. In

the condominium context, community

members have a limited opportunity to

express themselves. Therefore, it’s easy

to see how someone may feel their

concerns are being ignored.

Time-permitting, property managers

may find it helpful to listen to community

members’ concerns and respond by

noting them and explaining what the

next steps will be. This can be as simple

as acknowledging that a community

member’s concern is important and that

they need to present it in writing in order

for it to be addressed by the board.

Keep the board informed

Property managers may already

make a communications binder

available to their directors and write concise

management reports, but a great deal can

take place in between board meetings. They

should also inform the board of any conflicts

in which they find themselves acting as

intermediary. This becomes particularly

important if property managers sense a

conflict has the potential to escalate or are in

need of direction from the board. The sooner

property managers and their boards both

have the information required to respond to

such a situation, the better.

This article is not intended to encourage

property managers to do more when

they find themselves wedged in the

kind of conflict that naturally emerges in

a condominium environment. Rather, it

is intended to show property managers

that it’s impossible for them to shoulder

everything, but that they can take small

steps to stem conflict.

By communicating respectfully,

appreciating the importance of issues to

impacted parties and helping to clarify

the process, timelines and next steps,

property managers can, ideally, neutralize

disputes and perhaps even facilitate

peaceful conflict resolution. 1

Marc Bhalla leads the Elia Associates

PC CONDOMEDIATORS.ca team.

He focuses his mediation practice on

condominium conflict.

36 CONDOBUSINESS | www.condobusiness.ca

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MANAGEMENT

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MAINTENANCE

38 CONDOBUSINESS | www.condobusiness.ca

14132_Condo_September_2014.indd 38

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MAINTENANCE

When a tree falls in the city

The past year has seen several

storm events that have resulted

in significant damage to trees in

southern Ontario. The ice storm that hit the Greater Toronto

Area on Dec. 21 caused an estimated 20-per-cent loss of canopy cover, and

the after effects are still being dealt with on many properties. More localized yet equally

damaging storms hit the area last summer with violent winds and significant rainfall,

downing trees and branches.

BY CRAIG SOUTHWELL

Such weather events are a part of

life, but there are measures a property

manager can take to help reduce tree

and property damage. Equally, there

are certain activities that should be

prioritized immediately following a

storm to help reduce the likelihood of

further property damage and to address

liability concerns.

The best way to protect a property

from tree-related storm damage is

to properly maintain trees. Have an

arborist visit the property annually

to inspect the trees and make

recommendations for maintenance.

Structurally defective trees can

be removed along with any poorly

positioned trees that could cause

problems in the future. Pruning trees

to remove defective branches and

to maintain clearance from buildings

can reduce the likelihood of property

damage in the event of a catastrophic

event such as an ice storm.

Keep records of tree inspections

and maintenance on the property. In

the event of damage to third-party

property, such records may be vital

in defending a claim, as they prove

the property owner acted reasonably

in the management of the tree stock.

Good records can also be used to help

the board prioritize spending and set

budgets for future tree care.

It is important to understand that

the only safe tree is one that has

been chopped down and turned into

firewood. Even with the best care and

regular inspection, a big enough storm

can still cause structural failures in

trees. Therefore, it is critical to have an

emergency plan in place.

Having a good relationship with a

tree care company pays dividends

immediately following a storm, as most

companies are going to prioritize their

existing clients. Knowing who to call and

having cost outlines in place (e.g. the day

rate for a crew) will speed up response

times from the contractor. Most good

companies will be too busy to respond

to non-clients and a property manager

may not be in a position to get three

competitive quotes.

A condominium corporation’s arborist

should be able to help deal with an initial

post-storm assessment so that the most

urgent work can be completed first,

with the aim of getting the property

functioning again. Trees and branches

blocking driveways and sidewalks, or those

threatening buildings, should be dealt with

right away, but that tree at the back of the

property might be able to wait for a later

date to remove — especially if the area

beneath it can be closed to prevent access.

Such triage (no pun intended!) can save

money in the long term.

Immediately following the ice storm,

media footage documented wellmeaning

citizens attempting to clear their

streets and properties of fallen trees and

branches. If tree damage is extensive and

the property’s arborist is not immediately

available, it may be tempting to pull

that old chainsaw out of the basement

and begin the clean-up operation. Even

if a property manager understands the

dangers of doing this, he or she may have

residents who feel that being Canadian in

some way qualifies them as lumberjacks!

Read about the latest

in risk management at

September 2014 39

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MAINTENANCE

Fallen trees and branches are full of tension

and compression forces that can result in sudden

and often violent releases of energy when cut.

Resist the temptation to do any more

than pull a few branches out of the

driveway. Fallen trees and branches are

full of tension and compression forces

that can result in sudden and often

violent releases of energy when cut.

Unfortunately, injuries from storm cleanup

are often more common than those

resulting from a storm itself, so use

professional help in the same way one

would for any other property emergency.

Photograph tree and property damage

before and after the clean-up. This

may help with future insurance claims.

Dangerous trees may need to be removed

but the municipality could still require

exemption permits either before or after

the work. A good photographic record will

help avoid bylaw transgressions.

When the clean-up has been

completed and repairs made, arrange

for a re-assessment of the trees on the

property. Important specimens may

need different care — such as structural

pruning, fertilization and pest and disease

management — for a few years following

damage. Some trees may not be worth

the investment required for retention and

their removal and replacement should be

planned and budgeted.

Trees provide many benefits to a property

and the wider environment, but they must be

managed like any other asset. Be proactive

in tree management and have plans in place

to deal with those storms when they come.

Property managers cannot influence when

a storm will happen, but they can help to

reduce its impact on a property. 1

Craig Southwell is an ISA Certified

Arborist with more than 20 years’

experience in residential and commercial

tree care in North America and the United

Kingdom. He is the Ontario manager for

Bartlett Tree Experts and is also a director

of the Ontario Commercial Arborists

Association. Craig can be reached at

csouthwell@bartlett.com.

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DEVELOPMENT

A rendering of Aura,

currently Canada's tallest

residential tower.

The height

of residential

towers

BY ERIN RUDDY

Tall commercial

towers are nothing

new, but the last few

years have seen an

exceptional crop of

super-slim residential

buildings sprouting up

in cities all over the

world. From Manhattan

to Mumbai, tall towers are

as fashionable as they are

effectual given advancements

in engineering and the

sophistication of modern

building materials.

42 CONDOBUSINESS | www.condobusiness.ca

14132_Condo_September_2014.indd 42

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DEVELOPMENT

Another reason for the sudden surge skywards is the lack of urban

land parcels — and the price tags that go along with them. Given

most city skylines are so tightly developed, it’s no surprise that the

only direction left to build is up.

According to Richard Witt, principal at Quadrangle Architects and

Canadian chair of the Council on Tall Buildings and Urban Habitat

(CTBUH), an international body in the field of tall buildings and

sustainable urban design, more than 100 residential skyscrapers are

currently under construction across the globe, the tallest being World

One, in Mumbai, India, which is set to rise a staggering 442 metres.

Also under construction is the Diamond Tower in Jeddah,

Saudi Arabia, at 432 metres, and 432 Park Avenue in New York

City at 425 metres.

“Of the world’s top 10 tallest residential buildings, eight are

located in United Arab Emirates,” says Witt, pointing out that

one is in Australia and the other is in China. “The Princess Tower

in Dubai is 413 metres tall, making it the tallest residential tower

currently in the world.”

Canada’s soon-to-be-tallest residential tower is no slouch either.

Coming in at an impressive 272 metres, Aura, a condominium located

at Yonge and Gerrard in Toronto, will be the city’s fourth tallest

building and fifth tallest structure, soaring above everything but The

CN Tower, First Canadian Place, Trump Tower and ScotiaTower.

Construction began in January of 2010 and the last occupants are

scheduled to begin moving in this December.

Coming in at

an impressive

272 metres, Aura, a

condominium located

at Yonge and Gerrard

in Toronto, will be

the city’s fourth tallest

building and fifth tallest

structure.

Davroc_Condo_March_2014_FINAL.pdf 1 14-03-18 10:14 AM

Sky-high dwellings

Condominiums are climbing to impressive heights, but apartment

towers of unusual form are also on the rise. According to Witt, The

Cayan in Dubai, which sits at a respectable 306 metres, is far from

the tallest building in the world, but it has a striking helical shape

turning 90 degrees over the course of its height.

New York is currently awaiting the realization of several new ultraslim

residential towers, including 125 Greenwich St., which will soar

413 metres at a pencil-like width making it the second tallest building

in Manhattan’s downtown core.

“In Canada, we have nothing over 250 metres in the residential

department yet except for Aura,” Witt says, “but it won’t be long

before this changes. One Yonge Tower and 50 Bloor West are both

under construction and slated to be 293 metres and 277 metres

respectively.”

Notable designs

Impressive height is one thing; striking architecture is another. While

historically residential buildings have been on the dull side of design

compared to their office building counterparts, Witt suggests that

this may no longer be the case. In addition to The Cayan in Dubai

(mentioned above), Eight Spruce in New York City, designed by Frank

Gehry, is something Witt cites as quite remarkable.

“Toronto developer Cityzen has also made some great forms

with Absolute World (commonly referred to as the Marilyn Monroe

Towers) in Mississauga, and their nearly completed L-Tower in

September 2014 43

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DEVELOPMENT

Aura stands out in this

aerial shot of Toronto

downtown Toronto,” Witt says. Designed

by architect Daniel Libeskind, the 58-storey

L-shaped residence is already making its

mark on the skyline and will be ready for

move in next summer.

Beauty may be in the eye of the beholder,

but height is measurable — meaning the

tallest buildings of today won’t be the tallest

buildings of tomorrow. Love it or hate it, just

look at Canada’s national icon, The CN Tower.

Though the once dubbed “tallest freestanding

structure in the world” didn’t hold

any permanent world records, it will forever

hold a place in Toronto’s ever-changing

skyline. 1

Skyscrapers at-a-glance

• World’s tallest building: Burj Khalifa, Dubai, 828 metres

• World’s tallest residential tower: The Princess Tower, Dubai, 414 metres

• Canada’s tallest building: First Canadian Place, Toronto, 298 metres

• Canada’s tallest residential tower: Aura, Toronto, 272 metres

• Canada’s proposed tallest building (office/residential): Oxford Place, Toronto, 326 metres

• Cities with the most buildings over 300 metres: Dubai (18) Chicago (6) Hong Kong (6)

• Since January 2013, Toronto is the site of 31 buildings over 150 metres, with a total of

1,938 high-rise buildings city wide

For more building facts and figures, visit CTBUH’s skyscrapercentre.com

Erin Ruddy is the editor of Canadian

Apartment Magazine.

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44 CONDOBUSINESS | www.condobusiness.ca

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Untitl


DECEMBER 3-5, 2014

12:00 PM

December 3-5, 2014 • Metro Toronto Convention Centre

3 Days • 6 Shows • 1,600 Exhibitors

The 2014 show is now poised to get even bigger, as PM Expo

along with Construct Canada, HomeBuilder & Renovator Expo,

Concrete Canada, Construct International, and The Real Estate

Forum (Toronto) will co-locate with IIDEXCanada to create The

Buildings Show, North America’s largest exposition, networking and

educational event focusing on design, construction and real estate.

PM EXPO HOURS

Dates Exhibits Seminars

Wed. Dec. 3 10:00 am - 5:00 pm 8:00 am - 4:00 pm

Thurs. Dec. 4 10:00 am - 5:00 pm 8:00 am - 4:00 pm

Fri. Dec. 5 9:00 am - 1:00 pm N/A

Networking with Industry Professionals while enjoying a

complimentary beverage on the Show Floor:

Wednesday & Thursday from 3:00 p.m. to 5:00 p.m.

MOBILE APP COMING SOON!

Mobile App

Focus on All Types of Buildings

Get information on how to manage, operate, maintain and retrofit

all types of buildings: commercial, residential, hotels, educational,

healthcare, and institutional. Learn about major products,

leading-edge technology, services and solutions.

iPad

New and Green Products

• Schedule your day

• Plan your education with a full

seminar program & speaker

biographies

• Find exhibitors on the

show floor

• Follow the live social media

conversations

• Network & connect with

industry professionals with

in-app messaging

Learn about new and innovative products, systems, and services.

Stay informed about the very latest in new technologies that can

improve building performance, reduce costs, increase efficiency and

meet environmental objectives.

Canada’s #1 Networking Opportunity

Canada’s most anticipated real estate and property management show

provides a great opportunity to network with some of the top industry

professionals, all under one roof.

To attend for FREE* and learn more about the show, visit www.pmexpo.com

*Free online registration valid until November 25, 2014 11:59 p.m. EST. Attendees who register online or onsite after the date will be charged $25.

For Sponsorship, Exhibit & Advertising Information: Jeff Ingram • 416.512.3811 • jeff.ingram@informacanada.com

FREE PARKING AVAILABLE

at Select Locations

Sponsored by

Follow Us

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SMART IDEAS

A European energy-efficiency strategy

With research showing that balcony glazing helps

BY OLLI VANSKA

reduce heating energy consumption, solutions

such as balcony enclosures have become

commonplace in condominiums across the pond

Energy-saving glazing solutions, such as the balcony enclosures on this Baltic

Sea-based condominium, can help with heat recovery in the winter months.

to 12 per cent in a building’s heating energy consumption.

The enclosure keeps the balcony a couple of degrees

warmer during the heating periods, which influences inside

temperatures and eliminates the impact of wind.

Dr. Jussi Mattila documented additional benefits, such as

cost savings in building restoration, in his research at Tampere

University of Technology. Corrosion of reinforcing elements

slowed by one-third in balcony walls and one-half in balcony

ceilings. Concrete deterioration stopped completely in the

areas protected by enclosure. As Dr. Mattila wrote, modern

balcony enclosures have “an impact on general conditions of

the building: they may even postpone the renovation need of

the balconies in the building from six to 10 years,” besides the

energy savings and reduced operating costs.

As energy costs continue to fluctuate, property management

companies, condo boards, architects, developers, as well as

individual unit owners, are looking for ways to improve the

energy efficiency of their buildings. Better insulation, energyefficient

appliances and lighting, improved plumbing fixtures,

interior temperature controls, and ventilation have all been

considered. However, the advantages of harnessing direct

sunlight seem to be forgotten despite it being an efficient

heat-recovery option. Energy-saving glazing solutions keep

the balcony a couple of degrees warmer, translating into a

reduction in heating costs for the unit.

Europeans have taken this information and turned it into a

clever solution: Modern balcony enclosures. They have also

backed it with solid evidence — research results published

at Finland’s Tampere University of Technology in August

2011 found that balcony glazing generates savings of up

What’s more, Kimmo Hilliaho, energy specialist and leader

of research for Ramboll Finland Oy, found that it may take

only a couple of years to reduce the carbon footprint of

condominiums on a permanent basis if a balcony has been

furnished with glass panels.

For those assessing the return on investment in balcony

glazing, energy savings and structural conservation are sure to

be important factors. So too are the year-round use, additional

comfort and space offered by the glazed balcony.

Europeans have used these products for decades and, for

example, in Finland, they are now being installed in more than

80 per cent of new condos. The energy-efficiency solution

is ripe for application here, what with Canada sharing a

similar climate to Europe’s and the continuing proliferation of

condominiums in Canadian cities. 1

Olli Vanska is CEO of Lumon North America Inc. He may be

reached at 705-458-3020 or olli.vanska@lumon.com.

46 CONDOBUSINESS | www.condobusiness.ca

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