Revised Version of NL #3
CCI Review Quarterly Condominium Newsletter
In this Issue
Board of Directors
Invitation to Brag
12th Annual Golf Tournament
Is Your Condominium Corporation Facing a $10,000 Penalty Under the Underused Housing Tax Act? 6 Welcome New Members 8
COVID, Conflict, Patience, Communication
How Drones Are Changing Condominium Property Inspections 10
Respectful Email Communications in Condos 13
President ’ s Message I hope you all had some time to decompress with a day or two off over the holidays. Many of us in the industry were able to take advantage of the statutory holidays to spend time with family and friends, but some tragically found their families or friends missing last month.
Religious Diversity in Our Community
Violence and Harassment in Condominium Communities
Why Would a Condo Corporation Choose to Borrow?
The horrible shooting in Vaughan resulted in 6 fatalities, with 5 victims ripped away from their families. One unstable owner attacked 3 board members on the eve of being evicted from his unit, and some of their spouses were unfortunately also victims of this crime. If our government doesn't help our industry and all residents of our province with better mental health care and better enforcement capabilities, we may be destined to see more incidents of violence in our communities. I encourage you to review the presentation on our website from January 26th, where Kristi Sargeant - Kerr, LLB and Laura Gurr, JD discussed enforcement and mental health challenges in condominium communities. CCI - National is working toward advocating for change, but it will be a slow process. I encourage you to write your MPP (find out who they are here https:// www.ola.org/en/members/current) If you find that your property is experiencing issues with homeless or those seeking shelter uninvited, you can contact the Coordinated Informed Response team. The Coordinated Informed Response (CIR) team is a trained, highly - engaged team of City of London employees, London Police Services and community outreach agency, London CARES who are on the street everyday offering support and services to Londoners living unsheltered in our city. Check out the process here: https://london.ca/CIR . We are
“Single Family Only”
Education-Passport to the Future 22
Upcoming Educational Events
From the Archives – Your Maintenance Checklists
The Condominium Authorities — Getting to Know Them 26 Scam Alert 27 Stories to Tell – Thanks for Sharing 27 Q&A: Door and Window Maintenance 28 Thanks to our Writers and Advertisers 30 Next CCI Review Deadline May 1 st , 2023
CCI Review 2022/2023 – 3 —March 2023 Page 1
London and Area Chapter Board of Directors 2022/2023 President Jennifer Dickenson, RCM, LCCI
Vice President Tricia Baratta, RIBO, LCCI
Treasurer Michael Watson, CPA, CA, LPA Secretary Kristi Sargeant-Kerr, LL.B., LCCI Directors Heather Dickenson, BA (Hons), RCM Chris DiPietro, RIBO Tony DiPietro Séan Eglinton, ACCI, LCCI David Leff Laura Gurr, J.D., LCCI Lisa Skirten, RCM Joe McGowan, P. Eng
We are so grateful to all the writers in this and every edition of our CCI Review. We hope the information herein is helpful to you and your community. You are always welcome to inspire us with any topic you have an interest in as it pertains to challenges that may arise in your community. Not a writer ? No problem! We can work with you. We ’ re listening for your comments and suggestions with the Administrator at ccisw@cci - sw.on.ca.
BEFORE YOU GO ANY FURTHER...
The information and opinions contained in this publication are brief summaries of complex topics provided by the authors. The Chapter is without liability whatsoever. Readers should always obtain expert advice on their specific situations. For membership and/or advertising information, visit our website or contact the Administrator directly. Advertisements in this publication do not reflect an endorsement by CCI of any company or product. Members are encouraged to compare rates and ask for references when contracting for goods and services. Permission to reprint is hereby granted provided: 1. Notice is given to the CCI - London & Area Chapter in writing to ccisw@cci - sw.on.ca; and 2. Proper credit is given as follows: “ Reprinted from the CCI Review London & Area Chapter, [Year: Issue] All rights reserved ”, and; Articles must be copied in their entirety.
Administrator Trish Kaplan, CCI (H ON ’ S ) National Representative Tony DiPietro Editor Trish Kaplan, CCI (H ON ’ S )
Layout Design Jennifer Dickenson, RCM, LCCI
Mailing Address: P.O. Box 51022, 1593 Adelaide Street N. London, ON N5X 4P9 Tel: 519-453-0672 Email: firstname.lastname@example.org Website: www.ccilondon.ca Note: The address is a postal outlet/ mailbox only. Please contact the Administrator by email where delivery must be arranged
The newsletter is quarterly. The issues are available online only; however, it would be a tremendous help if the contact person from member corporations would ensure that our Administrator is provided an updated Board of Directors ’ listing, along with their mailing particulars, whenever there is a change and certainly prior to each mailing—no later than the first day of August, November, March, and May (subject to change). Please email or write the Administrator with this information. You can cc your manager to let them know that you have carried out the task. Managers will be grate- ful for your assist. Complete the form with changes and email.: https://ccilondon.ca/sites/default/uploads/files/Membership - CHANGE - Form - fillable.pdf
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...Continued from page 1 “ President ’ s Message ”
Invitation to Brag—NEW
seeing a better way to handle concerns from both sides, with a human touch. This year, we're returning to some in - person events and will even see the return of the CCI - London and Area/ACMO conference! Please make sure you RSVP for our events meet the deadlines where they are posted, as we need to make sure we can accommodate all who want to attend! Our January event sold out within 48 hours of posting online! CCI - London and Area is always looking for contributors for our Golf Tournament and our quarterly newsletter. If you are interested in contributing, or have a special skill that could be useful, reach out to us! We'd love your help!
Last year on Social Media we presented Hat Tip Tuesdays to recognize those members who provided incredible membership support to CCI through the years to provide a huge benefit to the communities they served. They reached out to us to share their questions, concerns and expertise and we were able to incorporate it into our offerings. Our chapter and community-at-large were made stronger by their participation. New this year, CCI-London and Area Chapter is starting a social media campaign where directors may “Brag” about their Community and what makes it the place you like to live. Please share 1-2 paragraphs with 1-2 photos.
Jennifer Dickenson, President CCI London and Area Chapter
Here is your invitation
to be the next Condominium Corporation
12 th Annual Golf Tournament—Are You IN?
They come from near and far to enjoy friendships we have developed in our chapter over the years. Someone responded with “ I ’ m not a golfer, actually. ” Well ….. You don ’ t have to be a professional golfer, nor do you have to walk—there are power carts! You do have to want to have some fun, enjoy the sunshine and country, meet some very special people who have become our friends and supporters over these many years and yes, there will be laughter. Come for breakfast, Shot Gun golf, with prizes and have dinner with friends, old and new, and join us for a buffet dinner. PLAYERS &/OR TEAMS—Register here : SPONSORSHIPS—Register here Monday, June 19 th , 2023 Pine Knot Golf & Country Club
Registration table open at 9:30AM Breakfast buffet served at 10:00AM Shotgun start at 11:00AM Buffet Dinner — don’t go home hungry
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Chapter Communique b y Trish Kaplan, CCI (Hon ’ s)
Everyday there is something we can learn. This particular quote has appeared or been referred to many times in the past several years and more specifically as it relates to “ we do not know what we do not know ”. It transmits the need to expand our grasp of awareness on so many scopes of knowledge. We can be very grateful for our local condominium experts who share so much of their expertise via social media, blogs or you may receive them as having benefitted from the services they provide. Follow your favourites and be reminded it is best to confer with the experts as needed.
Changes and challenges have developed over these past years. It is important that we are cognizant of the responsibilities we all have as owners, volunteers, directors and/or condominium managers, suppliers and trades so we can address how we will attend to the best interests of our communities. Learning together strengthens us all in our pursuits. Labour shortages, overhead costs, inflation, insurance and supply chain issues cause delays and unprecedented price hikes in all sectors of on - site activities. Growing interest rates and borrowing rates have affected what once appeared as well - funded reserve funds. Then too, insurance claims and deductibles continue to rise. Some corporations and owners are not prepared for such an unexpected cost. To be prepared must be a priority. Added to that, there has been the increased demand for off - site employees to facilitate so many other areas, including administrative positions of expertise that is needed to finance the costs of all projects and to carry out the many tasks that is required from the ongoing release of legislation. The extent of the cost increases is substantial and it is incumbent upon us to address them in our community budgets and Reserve Fund Study Plans to ensure we are in real time conditions for long - term financial health. MEMBERSHIP The demand for continued education and relevant connections to those professional and business partner members who support CCI in our community continues to grow. It is invaluable to have our professional and business partner members be included in our listings, not only for the corporations who would use their services, but also to owners who have responsibilities that require the expert attention required to protect their properties. If you have used the services of a provider who is not listed in our member listing, please share the information about CCI with them. It would be our pleasure to build our membership as well as their business profile. DO YOU RECEIVE THE CAO CONDO OWNERS ’ NEWSLETTER TO YOUR INBOX?
The Condominium Authority of Ontario (CAO) shares important news, updates and takeaways that can be very helpful for you and owners. You can subscribe directly with CAO to have them delivered straight to your Inbox here: DID YOU KNOW? On occasion we receive requests for a Condominium Manager listing – those who are members of the chapter who work in the area. We are happy to provide those who request some assistance about Managers and Management Companies who support CCI and provide services in the London area. You can find them on the 2022/23 Individual, Professional and Business Partner Membership Listing Directory on our website here:
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Every Condominium Board of Directors is responsible for making decisions about hiring a licensed manager or management provider. At the same time, the Condominium Management Regulatory Authority of Ontario (CMRAO) is responsible to ensure that those who provide these services are properly licensed. They have legal obligations to protect owners and the interests of the condominium. Boards are encouraged to check the public registry for accurate and current information here:
COMPLIMENTARY ACMO CM MAGAZINE Please do not send address or contact person changes to the National Office of CCI or to the Association of Condominium Managers of Ontario (ACMO) for the quarterly Condominium MANAGER (CM) magazine.
The CMRAO Newsroom offers news and updates about the CMRAO ’ s services and activities as well as messages from the Chair of the Board and the CEO/Registrar. You can subscribe to the CMRAO Quarterly Newsletter by signing up here:
CCI DIRECTOR CERTIFICATE PROGRAM (replaces the Condominium Course)
CCI London and Area Chapter is proud to announce a new initiative by the Canadian Condominium Institute. The CCI Director Certificate Program includes eight Ontario - wide fundamental courses. Upon completion of all courses, a director will be awarded a CCI Condominium Director Certificate.
This certificate will demonstrate your commitment to your corporation and your willingness to go above the minimum standards required by the Condominium Authority of Ontario. This certificate will mean your community will be rest assured that you understand all aspects of condominium governance and best practices and have the skills you need to oversee the corporation as a director. The eight courses include:
101 – Governance Fundamentals 102 – Insurance Fundamentals 103 – Budget, Audit, Financial Statement Fundamentals
104 – Enforcement Fundamentals 105 – Reserve Fund Fundamentals 106 – Meeting Fundamentals
Please contact the CCI Administrator by email at email@example.com with any and all contact information changes. Allow 6 weeks for change to occur.
107 – Records, Returns and Certificate Fundamentals 108 – Repair, Maintenance & Change Fundamentals The CCI Director Certificate will be rolling out soon. Stay tuned for more details. The Administrator will email members with the information .
Email “ I AM INTERESTED ” TO THE ADMINISTRATOR AT ccisw@cci - sw.on.ca.
SHARE THE PROGRAM WITH ALL CONDOMINIUM DIRECTORS AND THOSE INTERESTED IN SERVING ON YOUR CONDOMINIUM BOARD.
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Is Your Condominium Corporation Facing a $10,000 Penalty Under the Underused Housing Tax Act?
In this article I am only focusing on the impact on residential dwelling units owned by Condominium Corporations. A residential dwelling unit is one that contains private kitchen facilities, a private bath and a private living area. (i.e. Superintendent unit and possibly guest suites) On June 9, 2022, rules for the Underused Housing Tax (UHT) Act were enacted, for 2022 these rules apply to residential properties owned on December 31, 2022. Unless the legal owner of a residential dwelling unit is an excluded owner, a UHT return must be filed by May 1, 2023 (extended as April 30 th is on a Sunday). If it is determined that the owner must file a return, there are several exemptions that may exempt the owner from paying the Underused Housing Tax. Most Condominium Corporations, unfortunately, are not excluded owners and will be required to file a UHT return by April 30 th , since under the UHT Act, corporations that are incorporated without share capital and are not registered charities or a cooperative housing corporation do not meet the definition of an excluded owner. If a Condominium Corporation owns a qualifying residential dwelling unit, it must file its UHT return by April 30 or face a minimum penalty of $10,000 . These are some significant penalties even though the corporation may be exempt from the UHT but not exempt from filing the UHT return. Once it is determined that your Condominium corporation is required to file a UHT return, filing will allow you to possibly claim one of these available exemptions that may exempt your Condominium Corporations from paying the 1% UHT on residential dwelling units it owns, they are as follows: 1. Specified Canadian Corporation exemption – applicable in respect to a calendar year, where the corporation is incorporated in Canada or a Province without share capital and on December 31st of the calendar year it has: i) a chairperson or other presiding officer who is a Canadian citizen or a permanent resident, or ii) more than 90% of its directors are Canadian citizens or permanent residents. 2. Qualifying Occupancy Test - The residential dwelling unit is occupied in periods of at least one month at a time for at least 180 days in the calendar year by a person that is renting the dwelling unit, is paying fair rent with a written contract. 3. Newly Constructed Property/Under renovation – A residential dwelling unit is exempt for a calendar year if the unit was not substantially completed by April of that year or was not habitable for 120 consecutive days during the calendar year due to renovations.
Michael Watson, CPA, CA, LPA is a partner in accounting and assurance at Davis Martindale LLP. His practice is focused on audits, and reviews of clients ranging from small owner-managed businesses to large corporate groups in manufacturing, construction and service industries, as well as not-for- profit organizations, condominiums and municipalities Michael’s membership with CCI began in 2013. His amazing positive response to the invitation to stand and then to be elected to the CCI Board in 2016 was awesome. He has served as Treasurer of the chapter since, a task that takes expertise and he has it. His generosity of time, expertise and management of all aspects of CCI as a non-profit organization has been so valuable to the chapter and will continue to be. His presentations on financial reporting and budgeting during the condominium course and as a panelist during seminars have been essential.
4. Property not Suitable for year - round occupation – this can be due to limitations on access or residence not being suitable for four season occupation.
5. Uninhabitable Condition – if the unit was uninhabitable due to disaster or hazardous conditions for at least 60 consecutive days in the calendar year being reported.
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If your Condominium Corporation has or possibly has a residential dwelling unit, gather as much information about the unit in question, including property tax bill and contact your accountant for further information to determine if your corporation needs to register and file a return by May 1, 2023 to avoid the $10,000 penalty for not filing on time.
Note: this article was forwarded by email (March 13, 2023) to board - managed to corporations that we have on file as members of CCI London & Area Chapter; managers where we have email addresses so they may attend to the corporations under their management and posted on social media. For more information, you can review the Underused Housing Tax Act here:
NEXT ISSUE SUBMISSION DATE
MAY 1, 2023
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Welcome New Members!
CCI MEMBERSHIP Annual July 1 — June 30 CCI welcomes all persons and businesses with interests in the condo community to their membership. The national organization, along with 17 chapters across Canada, continue to educate, to offer professional assistance, to improve legislation affecting condo and to develop standards of competence on behalf of the condo industry and its residents.
We are always pleased to welcome new members to our CCI family. The continuing growth in condominium development demonstrates the genuine need for expansion in education and in professions that can provide goods and services to strengthen our communities. Building and Supporting Businesses Managers often have preferred suppliers and trades who provide exceptional services. Growth in this industry can be bolstered by the expanding condominium community. CCI is an excellent connection and resource to profile their expertise and build their businesses. We all need to support our local companies, just as they support our communities in so many ways, including the services they provide. It is important they remain in business and continue to provide the valuable services they do, right here in our own city. As new members join us, updates to the online Professional Service and Business Partner Listing, will be made here. Visit it for contact information and updates for new and returning businesses. Changes to the listing should be referred to the Administrator at ccisw@cci - sw.on.ca. Professional Members William Shin, Normac Insurance Appraisal Experts
This group includes all those individuals who earn a portion or all of their income from providing professional services to the condo industry. i.e., . lawyers, accountants, engineers, condo managers, real estate agents or brokers, appraisers, insurance brokers, etc.
Business Partner Membership
Any corporation (other than one that would qualify for condo or professional membership), partnership, sole proprietorship, government agency, investment firm, lending institution, advertising company, or other business entity involved in the condo industry. Each business designates a "member representative" to cast their vote and receive information from CCI.
Business Partner Members
CWB Maxium Financial , Lyndsey McNally, OLCM, LCCI On Side Restoration, Ian Newman, Riddari Security, Troy Welch
Condo Corporation Membership
This membership category is open to all Condo Corporations. Each Corporation designates a person to be their "member representative" to receive all notices and communications from CCI. That person can also vote on behalf of the Corporation.
Coming Soon! Annual Membership Renewals for 2023/2024
Condominium Corporation Renewal Packages will be sent to the manager on record or the contact person where the corporation is board managed. If management changes have been made in the past year, please advise the Administrator by email: ccisw@cci - sw.on.ca.
Persons who have an interest in the condo community can become individual members. This group of members includes condo owners, authors, and professors.
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COVID, Conflict, Patience, Communication
As our communities continue to grow, so do the personalities that we encounter in our daily lives. Pre Covid, diversity was what made our condo communities so unique. Post Covid we encounter more and more conflict and less and less patience. We continue to feel the affects of Covid, with on going supply chain shortages across all industries which continue to cause price increases due to demand. The financial stress that we are all feeling, in one way or another, is also that which we need to remember leads us to that which we all have in common. Working closely with Condo Boards to help them look after their communities, is the best part of being a Condo Manager. But even a board of directors can encounter conflict. Communication is key. Allowing all board members an opportunity to be heard is the only way for a board to function. It is important to remember that boards are volunteers taking on big roles, the biggest being to manage the finances for their communities as a whole, all while maintaining theirs and their community ’ s largest asset. The Condominium Authority of Ontario (CAO) and the Canadian Condominium Institute (London and Area Chapter) are great resources for Boards as are your Condominium Managers. When a board or community is in conflict, reaching out to your Condominium Manager is the best place to start.
Lisa Skirten, RCM is President of Skirms-Ave Property Management Inc. She provides condominium and property management services. Lisa became a professional member of CCI in 2019 and was elected to the Board of Directors that year.
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How Drones Are Changing Condominium Property Inspections
The UAV or unmanned aerial vehicle technology, commonly referred to as a drone, has changed so quickly in recent years; using drones to conduct inspections and assessments on condominium properties has become much more commonplace. Using drones at condominium properties has opened the door to inspect many different types of buildings that would not normally have been inspected easily. Steep - sloped, shingled, or metal roofs, for example, are traditionally inspected by a technician from the ground, from an adjacent building, or from a scissor lift, if possible. With the use of a drone, an investigating technician can get a much closer, direct, line - of - sight look at the roof surface and can capture high - resolution photographs to create a permanent record of any issues discovered (Figure 1).
Willie Carroll, CET is a certified UAV/drone pilot, UAN flight reviewer, professional GIS analyst, engineering technologist and photographer. In addition to leadership responsibilities as a UAV Practice Leader for Rimkus, a worldwide leader in engineering and technical consulting,
Willie uses drone technology to conduct inspections of building elements. He transforms data
collected through drone inspection into actionable information through application of GIS and digital mapping technology. He has extensive work experience providing services to various industry sectors related to infrastructure, government organizations, aggregates and mining, environmental, utilities, transportation, and many others. Mr. Carroll holds a B.A. in physical geography with a minor in geomatics from Carleton University.
Figure 1: Using a drone to conduct an inspection of a metal roof on an 8 - storey condominium building.
Another important assessment where a drone can be very useful is an exterior leak investigation. Normally, if the suspected leak is on a tall building, a technician would attempt to visually inspect from the ground, from an adjacent building, from a scissor lift, or from a swing stage. With a drone, the technician is able to get right up to the area of the suspected leak and capture direct photographs. These photographs can then be viewed on a computer monitor afterward, with the ability to zoom in on the suspected leak (Figure 2).
Figure 2: Taken during an exterior leak investigation using a drone to get up close to the exterior wall. These photographs can be viewed on computer monitor afterward, with the ability to zoom in on the suspected leak.
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→ A major concern when conducting any fieldwork is worker safety, whether it be working at heights, in confined spaces, or in hazardous conditions. Without a drone, the investigation would have involved a high degree of risk or might not have been physically possible. Traditionally, the inspection of façades and balconies of tall condominium buildings require that a worker repel down the exterior of the building or work from a swing stage. These systems require various degrees of fall protection equipment, worker training, and supervision. The use of a drone by an experienced pilot eliminates the need to work from heights for the investigative portion of the project (Figure 3). Once the initial inspection is completed with the aid of a drone, a technician will have a better idea of where further investigation may be needed, thus allowing for the creation of a safe plan of action for future work.
Figure 3: Drone inspection conducted on balconies on a 10 - storey condominium building.
Time is another concern when performing field inspections. When a technician conducts an investigation using traditional methods, they might be onsite for an extended period of time due to the time required to set up equipment necessary to access difficult areas of the building. As mentioned previously, this equipment may include, but not be limited to, scaffolding, scissor lifts, or swing stages. With the use of a drone, a technician can be set up onsite in a matter of minutes and not have to wait for other equipment to access the building. This is beneficial when conducting investigations on taller condominiums where it could take multiple days to set up scaffolding or other equipment. The set - up of this equipment could have unforeseen delays, ultimately holding up the investigation and potential remediation work. Even more mobile equipment, such as lifts and swing stages, require repositioning to capture the entire exterior of the building. The drone allows the technician to cover large areas of the building in a short amount of time without the need to reposition or reconfigure large equipment. Cost is another concern when conducting these types of investigations. An investigation that is conducted with a drone can have cost efficiency over other traditional inspection methods. Typically, some equipment needed to access areas on a condominium property can have high costs associated with setup and use. As mentioned previously, an investigation conducted on a high - rise façade may require a swing stage or rope system to access the exterior of the building. These pieces of equipment typically have to be rented and erected, and additional safety checks need to be conducted prior to a technician using them. With a drone, a technician can get up in the air and identify building anomalies while a swing stage is still being set up (Figure 4).
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Figure 4: Façade inspection of exterior brickwork.
In additional to digital photography and video recording, drones can also be used for thermographic imaging of buildings. This thermographic imaging, whether it be of the roof or façade, can be completed more quickly with a drone. Traditional, handheld thermography requires the technician to reposition themselves. And as discussed above, it may require additional access equipment. With a drone, the time required to complete the thermographic imaging is shorter than when using a handheld scanner because the drone can travel along a pre - programmed path, capturing data along the way. Additionally, a technician does not typically require access to the interior of the building (Figure 5). This allows for multiple buildings or properties to be scanned in a single visit, depending on how close the buildings are to each other.
Figure 5: Thermographic façade scan conducted with a drone equipped with a thermographic camera.
Using a drone in investigations of the built environment may not replace a technician ’ s potential need to physically touch specific areas of concern, as they may need to lift or remove material to dig deeper. However, drones can help to specifically identify the areas that the technician will need to investigate further, thus ensuring that the technician is using their time and talents efficiently to target these specific areas during the investigative process. The use of a drone is another tool in a technician ’ s toolbox to help make their investigations more focused, more cost effective, quicker, and safer.
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Respectful Email Communication in Condos: A Primer for Unit Owners
While unit owners have the right to raise concerns and ask questions, owners and occupants do not have the right to harass the condominium manager or send aggressive or inappropriate correspondence. All concerns and questions should be raised in a calm and civil manner and using email communication to harass the condominium manager or board members is not appropriate or acceptable. The condo corporation should not prevent owners from making reasonable comments or complaints regarding issues in the corporation, or exercising their ordinary rights; however, those comments and concerns must be communicated respectfully. We know that issues may arise that are important to individuals and that there may be strong feelings involved. Despite this, workplace harassment has been determined by the Superior Court in Ontario to be an unsafe condition, which is not permitted to exist within a condominium corporation. Quite simply, condo managers and board members should not be forced to endure harassing communication from unit owners. Unfortunately, it can be difficult for some people to determine how to raise a concern or ask questions in a calm and civil matter, or to reflect when their written communication is becoming aggressive or harassing. In order to assist people, our office has started providing unit owners with a list of what they should or should not do when communicating in writing. This list has been modified from the Condominium Authority Tribunal ’ s statement about “ netiquette ” – polite and respectful online communications: 1. Do “ remember the human. ” It can be easy to forget that there is a person on the other side of an e - mail. Do not write anything you would not be comfortable saying face - to - face. 2. Do use good manners. Do not ever use offensive or inappropriate language. A written message, especially on the internet, is permanent. 3. Do be patient with the recipient of the communication. Condominium managers can receive hundreds of emails each day. Managers work diligently to respond promptly to each e - mail that they receive, but you may not receive a response as quickly as you wish. If you do want to send a follow up e - mail, do be courteous. If you wrote an impolite message, consider sending a follow - up message to apologize for that prior e - mail. 4. Do think and organize your thoughts before you hit “ Send. ” You may wish to use the “ draft message ” function to save messages before you send them. Re - read your message to make sure you have clearly communicated your feelings or interests, and why you want something to be done. Make sure you have the right tone. Think about what the reader would think or feel when they read your message. 5. Do be clear and focused. Try using bullets or numbered lists to help you organize your points. Focus on one subject in each message. Do not write overly long messages, and do not write about things that are unrelated to the request that you are making. 6. Do use appropriate and helpful subject lines. Clear subject lines help to ensure that the condo manager and board can determine what the email is about quickly. 7. Do not send repeated messages. Give the Corporation a chance to respond. The Board is a volunteer Board and, unless a matter is urgent, the Board will consider your e - mail correspondence at their next regularly scheduled Board meeting. Your email to the Manager may have been placed on the agenda for the next Board meeting and it may take some time for the Board to meet and consider what you have said.
Laura Gurr i s a partner with Cohen Highley LLP and is part of the multi- residential housing group. Her practice focuses on condominium law, acting for condominium corporations, property managers, and developers in a broad range of litigation, operational and governance matters. Laura is actively involved in the condominium and multi-residential housing industry. She regularly writes and speaks about legal issues affecting the industry. Since 2014, Laura has been a board member of the Canadian Condominium Institute (London Chapter) and the board of directors for Homes Unlimited (London) Inc. Laura was first elected to the CCI Board in 2016. She brought her expertise, enthusiasm and an intense willingness to share in her contributions as a writer, presenter and instructor. She continues to be a leader in providing clarity to the amendments to the Condominium Act, 1998 as
they unfold. Laura was also recognized for her business achievement and community
involvement and was a recipient of the 20 Under 40 by Business London in 2015. Laura was awarded her Leader of the Canadian Condominium Institute (LCCI ) designation by CCI-N.in November 2022.
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8. Do not use capitals except for proper nouns or at the beginning of a sentence. Using all caps can be interpreted as SHOUTING. Do not use multiple exclamation points!!! or questions marks??? The reader may see these as aggressive. 9. Do not use sarcasm and avoid humor unless you are sure it will be understood. In written communications, it can be easy to “ miss the joke. ” Managers and board members should not have to endure aggressive and disruptive correspondence. If a unit owner has been directed a number of times to stop sending these types of correspondence, additional steps may need to be taken. These additional steps may include limiting how a unit owner is permitted to communicate with the condo manager or the condo corporation. It has been a challenging number of years and we recognize that emotions can take over, particularly where someone ’ s home is concerned. The above list is intended to be a tool to assist unit owners in raising their concerns in a respectful manner, that will prevent disputes from escalating. Living and working in a condominium community can be challenging and we all have a responsibility to ensure that our communications are appropriate and respectful.
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Religious Diversity in Our Community
With more and more people from different backgrounds immigrating to Canada, the population is becoming increasingly diverse. Religion is an important part of people ’ s lives and it is essential to make sure that everyone feels welcome and respected, regardless of their religious beliefs. One of the first steps to respectful inclusivity is understanding the different types of religions practiced in our community. According to Statistics Canada, the majority of London ’ s population are Christians, or have no religion. Muslim is the only other predominant religion in London. However, diversity of religion varies by visible minority status, and this racialized population in Canada has been steadily increasing. The concept of "racialized" population is derived directly from the "visible minority group" variable, referring to the persons belonging to a visible minority group. Almost all (98%) of the non - racialized population in 2021 are Christians (55%), or have no religion (43%). In contrast, the religion of the racialized population is more diverse. The chart below shows the diverse cultural backgrounds that contribute to the religious makeup of the racialized population in London in 2021.
About the London & Middlesex Local
At its core, the London & Middlesex Local Immigration Partnership (LMLIP) is designed to help newcomers to Canada integrate in our community. LMLIP does this through assisting immigrants by connecting them with services and providing information to raise awareness about services and accessibility. In addition LMLIP works with various stakeholders, that include community groups, organizations, and the three levels of government to address issues that prevent the successful integration of immigrants in all aspects of life. LMLIP is a collaborative community initiative, funded by Immigration, Refugees, and Citizenship Canada, and supported by the Government of Ontario and the Association of Municipalities of Ontario. It is co-led by the City of London and a community member. For more information visit the website here:
In a world that is increasingly becoming more connected, it's important that we learn to embrace religious diversity in our communities. Asking someone about their faith is a great way to show respect for their religious beliefs, and many people are happy to talk about it. It's also important to avoid making any assumptions about someone's religion. Just because someone is from a certain country or region doesn't mean that they necessarily practice the same religion as the majority of people in that area. We can also seek out resources that provide more information about different religions. By increasing our understanding of the diverse faiths practiced in our community, we can become more tolerant and inclusive of all members of our society. Respectful inclusivity of religious diversity is a vital component of any modern society. As more newcomers join our community, the diversity in London & Middlesex will only grow. Creating an inclusive environment where people of all faiths can feel welcome and respected is something each of us can play a role in. Each religion has its own set of beliefs and practices, which can add to the richness and complexity of Canadian society. By taking the time to learn about and understand other faiths, we can build bridges of understanding and mutual respect.
Maria Enache (she/her) | Communication Officer Ph: 519-663-0551 ext. 243 Fx: 519-663-5377 M.Enache@lmlip.ca
The Skill Centre, 141 Dundas St, 3 rd floor, London N6A 1G3
Working together for a welcoming community LMLIP website Join us on Facebook Follow us on Twitter | Engage with us on Instagram
CCI Review 2022/2023 – 3 —March 2023 Page 15
Violence and Harassment in Condominium Communities
Following the recent tragedy in Vaughan, we thought it would be prudent to discuss violence and harassment as our topic for February. We also discussed much of the content covered in this article alongside Laura Gurr of Cohen Highley at a sold out Lunch & Learn event hosted by the London and Area Chapter of the Canadian Condominium Institute (CCI) on January 24, 2022. What Does the Legislation Say About Violence and Harassment? We look to section 1(1) of the Occupational Health and Safety Act (the “ OHSA ”) to define violence and harassment in the workplace: Workplace Harassment: a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome Workplace Violence: actual or attempted physical force against a worker that causes or could cause physical injury, or a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force Understanding these definitions can be helpful in recognizing workplace violence and harassment, and in creating policies and procedures to address it. All employers who are subject to the OHSA must prepare policies with respect to workplace violence and workplace harassment and review them at least once a year. If an employer has more than six employees, then these policies must be in writing. It is also important to note that for the purposes of the OHSA, condominium managers are considered “ employees ” and the condominium corporation is their “ workplace ”. The Condominium Act, 1998 can also serve as a resource in managing problematic behaviours within a condominium community. Section 117 prohibits activities that are likely to damage property or cause harm to an individual. This includes the psychological harm that results from written or verbal harassment. Condominium Documents Your corporation ’ s Declaration should include provisions that address violent and/or harassing conduct. For example, there might be language referring to quiet enjoyment, noise, nuisance, and damage to property. There should also be provisions related to costs for enforcing these types of provisions. It is more common to find Rules that assist in addressing violence and harassment in a condominium; however, these typically address only noise and nuisance. Safety Planning Ensure that your Corporation has policies and procedures to follow in the event that an employee or a board member experiences violence or harassment. As previously discussed, OHSA requires workplace violence and harassment policies for employers that have more than six employees. Having a safety plan in place can reduce stress and improve the time and manner in which your staff and board members respond to a potential problem. Your plan should include policies and procedures that clearly define what should be done before, during, and after an incident involving violence and harassment, including procedures for reporting and documenting incidents. In the event that an employee or board member experiences violence or threats of violence, contact police first. You can contact your local police service on their non - emergency line to report previous incidents or to seek advice, but you should always
Kristi Sargeant-Kerr, LL.B., LCCI is a partner with Scott Petrie, specializes in all aspects of condominium and real estate law, including development, management and litigation and purchase, sale and mortgaging of condominiums. She has extensive experience working with managers and corporations in and around the region and prides herself on finding reasonable solutions to their complex issues. Kristi is on the local CCI Board of Directors and is co-chair of their Education Committee. She has also been appointed to the Advisory Committee of the Condominium Management Regulatory Authority of Ontario (CMRAO).
Madeleine Stirland joined Scott Petrie LLP in 2020 after completing her Master of Museum Studies degree and working as a museum professional in London and Toronto. She continues to work with Kristi on condominium matters, particularly enforcement matters and those before the Condominium Authority Tribunal. She assists on the Education Committee of the chapter..
CCI Review 2022/2023 - 3 March 2023 Page 16
call 911 if there is an immediate or ongoing threat to the safety of staff, board members, or residents of your condominium community. Peace Bonds A peace bond is a court order issued under section 810 of the Criminal Code of Canada that requires a person to “ keep the peace and be of good behavior ” and to obey specific conditions, which may include not contacting a specific person or not attending at a specific location. Anyone can make an application for a peace bond if they fear that someone is a significant threat to their safety or their property. A peace bond must be between specific individual persons, and therefore a peace bond cannot be issued to protect a corporation or condominium management service provider. This also means that the peace bond cannot be transferred between individuals to protect any person who holds a specific position within the corporation, such as a property manager or board president. The process for acquiring a peace bond is outlined briefly in this flow chart and explained in detail on the Government of Ontario website. How Can Your Legal Team Help? Violence and harassment issues are often complex and require careful consideration of many unpredictable factors. Your legal team can help your Corporation create rules, policies, and procedures to manage the process of responding to, documenting, and reporting incidents of violence and harassment to create safer condominium communities for staff, board, and residents.
CCI Review 2022/2023 – 3 —March 2023 Page 17
Why Would a Condo Corporation Choose to Borrow?
Condominium corporations can find themselves with a shortfall in funds for a number of reasons. Most commonly when major capital repairs are required, funds may not be available to maintain the common elements. The shortfall may be identified during a Reserve Fund Study update, a condition assessment, or the corporation may be dealing with an unexpected active leak or life - safety concern. In some cases, condominium corporations might seek additional funding because of a repair vs. replacement analysis, or to make an improvement to the property that has a positive impact in reducing expenses (retrofits, etc.). Condominiums typically have only one major source of funds, the owners of the individual units. It may not be desirable to levy a special assessment against the owners. When a special assessment is paid by the owners, they are paying that special assessment either with cash, or equity from their homes. One alternative is a commercial loan to the condominium corporation. A commercial loan is different from owners borrowing to cover a special assessment because the loan doesn ’ t need to be paid off when a unit sells, allowing fair cost sharing between owners. One of the Primary functions of the mandated Reserve Funding model is so that owners pay the cost of major repairs and maintenance equitably over time, by paying condo fees while they own their unit. In simple terms, the cost of major work is spread out and paid over - time by multiple owners. The model becomes disjointed when there is a special assessment as the current owners bear a greater share of the cost. With a commercial loan, owners don ’ t have to give up cash or equity upfront – and either incur interest costs or lose investment income. Interest costs can be paid by multiple owners over time, meaning that the cost to the owner today can be significantly less than a special assessment. The only cost to current owners is the increased condo fees during the time that they own their units. Another benefit of a loan through the condominium corporation is that personal credit, borrowing capacity, and available equity don ’ t need to be considered. Our current economic climate is such that many are struggling to make ends meet in the face of inflation, reduced home values related to rising mortgage rates, and as we work to recover financially from the impacts of COVID - 19. A poll by Angus Reid in August 2022 suggests that “56% of Canadians say they can ’ t keep pace with the high cost of living ” ( https://www.cbc.ca/news/business/angus - reid - survey - aug - 2022 - 1.6558248). The poll further suggests that half of Canadians would not be able to shoulder an unexpected expense of $1,000 or more. 13% say “ any unplanned expense would be too much ”. It is more critical than ever to explore options that may help community members to avoid financial hardship. It is important to understand that in a condominium corporation, the decision to borrow funds is a democratic process. The corporation must obtain approval from owners on a borrowing bylaw. Condominium corporations must do their due diligence to structure a solution that makes sense for the community. Experienced lenders can help to structure loans with a goal to minimize impact on condo fees. Ideally, for major capital repairs a loan should be included in the Reserve Fund Study, but even if some owners want to pay a special assessment upfront, a loan can be structured in such a way that financing can be put in place for those owners that may need assistance in meeting the special assessment obligation. Each situation is unique. Sometimes it ’ s a strategic funding solution, sometimes it ’ s about keeping unit owners in their homes. Condo boards should meet with lenders and see what options they can provide or suggest for structuring the financing. Often the right solution depends on how the condo fees will be impacted if the loan is included on behalf of all the owners.
Lyndsey McNally, OLCM, LCCI joined the CWB Maxium Financial team in 2020 with an extensive background in the condominium sector, having worked with condominium corporations in the GTA since 2002. Lyndsey is a licensed condominium manager and in 2017 was selected as property manager of the year by the Association of Condominium Managers of Ontario (ACMO). Lyndsey works exclusively with condominium corporations, property managers and other condominium stakeholders to develop and implement customized financing solutions
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