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
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Untit
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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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Untitl
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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
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President
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property rights
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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.
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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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[A property manager’s] communication
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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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“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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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
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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.
24 CONDOBUSINESS | www.condobusiness.ca
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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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14-10-06 3:04 PM
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
14132_Condo_September_2014.indd 32
14-10-07 3:00 PM
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
September 13-02-272014 4:39 PM 33
14132_Condo_September_2014.indd 33
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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
14132_Condo_September_2014.indd 34
14-10-07 3:00 PM
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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14132_Condo_September_2014.indd 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
14132_Condo_September_2014.indd 36
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MANAGEMENT
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MAINTENANCE
38 CONDOBUSINESS | www.condobusiness.ca
14132_Condo_September_2014.indd 38
14-10-07 3:01 PM
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
14132_Condo_September_2014.indd 39
14-10-07 3:01 PM
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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14132_Condo_September_2014.indd 41
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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
14-10-07 3:01 PM
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
14132_Condo_September_2014.indd 43
14-10-07 3:01 PM
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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