CCI- Review 2022-23 #4

CCI-London and Area's fourth digital newsletter of the 2022/2023 year.


CCI Review Quarterly Condominium Newsletter

In this Issue

May 2023

Board of Directors


Invitation to Brag


Call for Nominations


Chapter Communiquê


Are Appraisers Approved and Qualified to Provide Reserve Fund Studies?


Call for Topics 7 Invitation to the Annual Sponsorship Program 7

Welcome New Members


Annual Membership Renewals


Power Outages — Are You Prepared? Condos

President ’ s Message


Condo Corporation Wins CAT Case Against Disruptive Tenant, Landlord on the Hook for Costs 13

As we head from spring into summer, many of us in the condominium industry are running full speed. We have maintenance season and AGM season that collide and a host of other obligations to make sure our condominiums are serviced properly. Members of the Board and our volunteers at CCI - London & Area are no different. We are finalizing the Annual Golf Tournament (sold out!), planning next year ’ s education sessions and starting to send out renewal notices for next year. Keep an

The Director Certificate Program 14

Bill 91, Less Red Tape, Stronger Economy Act, 2023


Finances and Condominium Deficits


eye out for the renewals and get them in early! Last month, CCI - North Saskatchewan hosted 4 members of CCI - London & Area Chapter during the CCI - National Spring National Leaders ’ Forum (NLF), held in Saskatoon. Bridging the Future was the theme of the forum. Courtney Cartmill, Culture Property Management Inc, Heather Dickenson, Dickenson Condo Management and the Chapter ’ s Education Co - chair, Tony DiPietro, the Chapter ’ s National Representative, and myself were welcomed warmly and learned eagerly. The National Leaders ’ Forum focused on making sure we could return to our chapter with new ideas to increase membership, how to offer more to our members and a host of new connections on which to draw in the future. CCI - London and Area Chapter would like to thank the National Events committee for their efforts to make this NLF relevant and informative with some great networking events. While in Saskatoon, our country saw an unprecedented start to wildfire season. While in Saskatoon, we saw the smoke blowing over from Alberta. When we got home, we saw the smoke blowing in from Quebec and Northern Ontario. These events should remind us that climate change is here and it ’ s going to get worse. Are you taking into consideration stronger winds,

Education-Passport to the Future 21

CCI Publications Are Digital 22 Advertisers and Writers Welcome 22

When Is It Time to Update Rules? 24

The Condominium Authorities — Getting to Know Them


Scam Alert


Stories to Tell – Thanks for Sharing Thanks to our Writers and Advertisers



Next CCI Review Deadline August 1 st , 2023

CCI Review 2022/2023 – 4 —May 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 -


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 -; 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: Website: Note: The address is a postal outlet/ mailbox only. Please contact the Administrator by email where delivery must be arranged

Newsletter Deadlines

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.: - CHANGE - Form - fillable.pdf

CCI Review 2022/2023 - 4 May 2023 Page 2

...Continued from page 1 “ President ’ s Message ”

Invitation to Brag—NEW

more intense rains (we ’ re in for an El Nino year) and longer droughts when creating your budgets? You ’ ll see increases in water cost, fencing and roofing repairs and likely leak repairs. Keep this in mind as we transition from AGM and maintenance season into budget season … Many corporations are already ahead of the game and I applaud you. The old adage “ an ounce of prevention …” really rings true when you ’ re talking budgets! As our skyline in London continues to change, many will be moving into new condo towers or townhouse complexes. Our city is growing up and out. With more and more condos, there are needs for more and more managers. Unfortunately, our industry is not attracting enough new professionals to fill these rolls. Some condominiums may be forced to self - manage, at least for short periods of time. I encourage you to read as much as you can from CCI - London and Area ’ s publications, so you can be as informed as possible. I also encourage you to attend all CCI events you can, as it will help you be as educated as possible while filling that role. We look forward to seeing those who signed up for the golf tournament and cannot wait to see you at our Annual General Meeting in September! Have a safe summer!

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.

Here is your invitation

to be the next Condominium Corporation


Jennifer Dickenson, President CCI London and Area Chapter

Call for Nominations


Well in advance of each Annual General Meeting of CCI - London and Area Chapter, the Nominating Committee of the Chapter puts out a call to members who may be interested in serving on the chapter ’ s Board of Directors. IF YOU DO, please email the Administrator at ccisw@cci - to express your interest NO LATER than July 1 st , 2023. Elections will take place at the Annual General Meeting where the date is determined in advance by the Board of Directors. The Administrator will provide you with a Board of Directors ’ Nomination Form that you can complete and return. Any questions related to the position of director can be directed to the Administrator or any Director on the board. The Administrator will ensure that all forms are passed along to the Board ’ s Nominating Committee who shall prepare a slate of qualified nominees which it recommends for election to the positions on the board for which directors are to be elected at the meeting. The slate of qualified nominees shall be delivered to the members with the notice of meeting, along with a list of any other candidates who have expressed, in writing, interest in standing for election.

CCI Review 2022/2023 – 4 —May 2023 Page 3

Chapter Communique b y Trish Kaplan, CCI (Hon ’ s)

It ’ s difficult to fathom that another CCI year has gone by, but it did. Much has happened over the year and by all accounts the masses have been very busy with work, families, volunteering and so much more. Sometimes, it appears that the universe is not on our sides; however, we see how everybody continues to strive to do whatever we can to make it work in all that we do. It is important for our well - being that we dwell on the accomplishments, rather than the matters that may create contention in our lives. Even struggles give us a learning experience to develop our strengths. MEMBERSHIP

Thank you to all of our members who have supported CCI and the learning experiences we shared this past year. We also thank all of you who have reached out over this year for assistance and direction to the proper resource. It has been and will continue to be a privilege to serve you as the Administrator during this next fiscal year. The demand for continued education and relevant connections to those professional and business partner members who support CCI in our community continues to

grow, not only for the directors who manage the corporations but also owners who are doing their part to enhance the community they have chosen as their homes. We were also most grateful to the attendees who completed our surveys following the events, not only for their insight but also for the suggestions/comments the Education Committee can work with in their upcoming planning. We covered a lot of topics that can only be helpful as we all carry out our responsibilities. Inflation lets no one off the hook! While our chapter has not had a membership increase since our 2015/16 fiscal year, we have had to revisit the budget to include real costs just as condominium boards and businesses have had to do. The budget does not include the cost of the vast amount of time that the board and all those who provide their expertise at our events. Over these past few years, while we have tempered our budgets with Zoom meetings that have been also helpful to the safety of our presenters and registrants, the cost must be factored in. The decrease in membership for various reasons has also been considered. We are aware that more in - person meetings are desired. As you know, we have had to source new venues for these events and budget the incurring costs. We will continue to do our utmost to maintain reasonable costs to this end. 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 investments. 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. CCI AND CONTINUING EDUCATION

The board is responsible to manage the affairs of the corporation. They make the decisions. Informed directors can better serve the community. Owners have a responsibility to elect directors and they are more confident when board members continue to be educated to make informed decisions which are not always easy, on their behalf.

Managers have obligations and requirements (here) set out by The Condominium Management Services Act, 2015. The Condominium Management Regulatory Authority of Ontario (CMRAO) sets standards and enforces the mandatory licensing of condominium manager and condominium management provider businesses. Every condominium owner and occupant is required to comply with the Condominium Act, 1998 and with the condominium corporation ’ s governing documents.

We are all invested in the success of our communities and the investments we have made in our homes.

CCI Review 2022/2023 - 4 May 2023 Page 4

CCI DIRECTOR CERTIFICATE PROGRAM CCI London and Area Chapter is proud to announce the success of the new initiative by the Canadian Condominium Institute. CCI Director Certificate Program includes eight Ontario - wide fundamental courses with presenters and panels from our local community. It should be noted that those having an interest in Day 2 may start their journey for the 8 - course program then. 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. Our chapter has decided on a 2 - day program with 4 of the 8 courses each. This certificate will mean your community will be 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:


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.

101 – Governance Fundamentals 102 – Insurance Fundamentals 103 – Budget, Audit, Financial Statement Fundamentals

104 – Enforcement Fundamentals 105 – Reserve Fund Fundamentals 106 – Meeting Fundamentals

107 – Records, Returns and Certificate Fundamentals 108 – Repair, Maintenance & Change Fundamentals

The first session of four of the eight courses of the Director Certificate Program took place Saturday, April 15 th . Please see the report about the day elsewhere in this publication. We look forward to the next session in October. SHARE THE PROGRAM WITH ALL CONDOMINIUM DIRECTORS AND THOSE INTERESTED IN SERVING ON YOUR CONDOMINIUM BOARDS. PLANNING AHEAD The Education Committee will be meeting shortly to work on the event planning of the next year. We appreciate all of your input, as always. Feel free to share at any time via email to the chapter at ccisw@cci - As dates and topics are decided upon, they will be posted on our website and on social media. We hope you will check in with us over the summer months to plan learning for the year ahead.

Please contact the CCI Administrator by email at ccisw@cci- with any and all contact information changes. Allow 6 weeks for change to occur.

On behalf of the Board of Directors, we wish you all a safe, healthy and pleasant summer, filled with laughter and sunshine (hopefully), family and friends.

CCI Review 2022/2023 – 4 —May 2023 Page 5

Are Appraisers Approved and Qualified to Provide Reserve Fund Studies?

Q : Who is authorized in Ontario to perform Reserve Fund Studies? A: If you didn ’ t answer “ Appraisers ”, you missed the first entry on the list! Ontario Regulation 48/01 of the Condominium Act, 1998 S32.(1) includes this list of authorized providers, “ The following classes are prescribed as persons who may conduct a reserve fund study: 1. Members of the Appraisal Institute of Canada [AIC] holding the designation of Accredited Appraiser Canadian Institute [AACI]. ” “ Wait a second!?! I thought Reserve Fund Studies could only be completed by an engineer. “

Vincent L. Londini, B.A., B.Sc., MBA is a Candidate Member of the Appraisal Institute of Canada (AIC), a Professional Member of CCI and a Candidate Certified Reserve Planner of the Real Estate Institute of Canada (REIC). He is currently an associate fee appraiser with Otto & Company, London and has 14 years in management consulting industry in London. Vince undertakes market & insurance valuations as well as Reserve Fund Studies, drawing on his MBA and business analysis experience while benefiting from ongoing property valuation coursework and professional appraisal mentorship. Vince brings considerable work experience across a variety of fields, having previously served in IT management consulting for 14 years and prior to that in the religious ministry for 16 years. His roles included consulting, process improvement, market research, business analysis key account management, team management, operations, and training & development. He is a candidate member of the Appraisal Institute of Canada, progressing towards his professional appraisal designation [AACI], and working with a designated AIC co- signor as part of his professional development. Vince’s work portfolio addresses the full range of agricultural, commercial & industrial properties with an emphasis on condominiums.

Don ’ t fret, it ’ s a common misconception.

Members of the Appraisal Institute of Canada (AIC) are approved to conduct Reserve Fund Studies, as we saw above. But are they qualified? Many are. The framers of these regulations recognized that Members of the AIC are highly trained to analyze buildings & land, apply well - defined analysis methods, and can develop the relevant experience. In other words, Appraisers have the training & the tools, and may have put in the time. Let ’ s see what that means.


Appraisers are highly trained to analyze buildings & land. Members of the Appraisal Institute of Canada must complete post - graduate university coursework amounting to a Master ’ s degree, covering topics that include: property analysis, investment analysis, real estate economics, and property valuation. In addition, Appraisers must complete Continuing Education each year and may also pursue certification from construction cost database providers such as RSMeans. This training helps sharpen mental acuity to handle the details of a Reserve Fund Study.


Appraisers apply well - defined analysis methods. Their training equips Appraisers with extensively studied and widely practiced analytical tools known as The Comparative Approach, The Income Approach, and The Cost Approach. Because of their experience with both the Income and Cost Approaches, Appraisers can interpret and analyze the Condo Corporation ’ s financial information and estimate construction costs as they relate to the Reserve Fund Study.

Putting in the Time

Appraisers can develop lots of relevant experience. Aspiring Members of the Appraisal Institute of Canada (called Candidate Members) are required to apprentice with a full Member for several years. During the apprenticeship, each report a Candidate completes must be co - signed by their mentor who reviews the case logic, application of approaches, and conclusions – signing only when ready to put their professional qualification on the line. As a result, each Appraiser has learned on - the - job, drawing from the expertise of colleagues & mentors who ’ ve developed in - depth knowledge of the work. Appraisers who choose to focus on Reserve Fund Study will also draw from a

CCI Review 2022/2023 - 4 May 2023 Page 6

storehouse of prior files, cases, reports, and gathered intelligence to ensure successful delivery of each Reserve Fund Study.

Turns out … it ’ s true. Appraisers are Approved & can be Qualified to assist Condominium Corporations with Insurance Valuations & Reserve Fund Studies.

The beginning of a New fiscal year is July 1, 2023 Next submission date for industry - related articles to the CCI Review and advertising by members August 1, 2023 For more information on advertising, visit us on the website here: Watch for the NEW Publications Order Form

Watch for this year’s rates here:

We appreciate the support and generosity of all of our members who support CCI in this way.

CCI Review 2022/2023 – 4 —May 2023 Page 7

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 - Professional Members Stephen N. Stern, Stronghold Management Group

Professional Membership

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

Leading Edge Building Engineers Inc., Anthony La Torre

Condominium Corporation Members

Middlesex Condominium Corporation No. 457

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.

Individuals Membership

Persons who have an interest in the condo community can become individual members. This group of members includes condo owners, authors, and professors.

CCI Review 2022/2023 - 4 May 2023 Page 8

Annual Membership Renewals for 2023/24

The new fiscal year for CCI begins July 1 st , 2023. Annual membership renewals for the period July 1, 2023 to June 30, 2024 are being processed. Your participation helps the CCI Board of Directors provide the best we can to support our communities. We look forward to your continued support and membership. We are so thankful for the overwhelming support and participation of so many of our Professional and Business Partner Members whose time, experience and expertise has benefited us all in the condominium community this past year. We look forward to our continued association in this rapidly growing industry. Renewals will be emailed directly to the Professional and the contact person on record for Business Partner members. Education for Condominium Corporation directors continues to be fundamental for all who have assumed the responsibilities to manage the affairs of the corporation on behalf of the owners and communities they serve. The decision - making is not always easy; however, continuing education and the support of those who service our communities help them reach the best possible resolutions to make our communities stronger and more desirable. Condominium Corporation Renewal packages will be emailed to the contact person who is on record for board - managed corporations and the managers on record for other corporations. Invoices and board listings will be provided to update.

More about some of the membership benefits:

 Connection to CCI-National Resources  Past publications of the CCI Review  Event Presentation Archive — recordings of Zoom information events.  Professional & Business Partner Directory  Network with industry leaders  Expanding your business profile among the industry  & more.

For more information about CCI- London and Area Chapter, do visit

our website or contact the Administrator by email at

Please share CCI London & Area Chapter with your clients and colleagues. Together we will make an effective resource for all.

CCI Review 2022/2023 – 4 —May 2023 Page 9

Power Outages—Are You Prepared?

Safety must always be a priority and the Ontario Fire Code (under the Fire Protection and Prevention Act, 1997), sets out minimum requirements for fire safety in buildings and facilities, including condominiums, where unless specified otherwise, the Fire Code considers the “ owner ” to be the condominium corporation, who is responsible for carrying out its provisions You can find the Top Six Fire Safety Tips in the CCI Review 2022/2023 - 1 posted on our website here: An in - house power outage might be manageable. A fire would likely constitute an in - house power outage. A large area outage that is unplanned (especially if coffee or preferred beverage is unattainable), NOT so much. The ramifications of an interruption when you are dependent on the use of electronic devices can be stressful for everyone in the area affected. Do you remember?  Posted April 5, 2023: About 800,000 people in Ontario and Quebec were without power. Some outages spanned more than a week after the storm struck. Damages were substantial.  Posted September 29, 2022: The damages from the May 2022 derecho that swept through approximately 1,000 km of southern Ontario and Quebec (including London) topped over $1 billion. The Insurance Bureau of Canada (IBC) ranked it the 6 th most expensive natural disaster in Canadian history Storms happen. Weather experts share warnings on approaching storms that are becoming more regular. Some of them include relatively high gusts in km/h, that may cause power outages. Cold snaps or heat waves, some of them record - breaking, can overload the electric power system. They can cause widespread power outages for thousands or hundreds of thousands of customers for short periods or long periods as utility crews work to restore power. It has been suggested that systems once largely controlled by localized public entities have been handed over to layers of regional authorities and private companies who don ’ t prioritize reliability, including maintenance and updating the infrastructure. Outages can be almost instantaneous or can last days or even weeks. To be informed in advance as to the steps you should take to prepare for such an eventuality can most likely allow you better able to withstand and stay safe in such an emergency because we can ’ t assume that we won ’ t be affected. Questions being asked about our power grids :  What do we know about the resilience of our own power grid to prevent these outages?  Is maintenance and budget cuts affecting how we can manage the grids?  Are we carrying out appropriate maintenance in our own condominium communities as preventatives to outages and extensive repairs?

Trish Kaplan , CCI (Hon’s) is the part - time Administrator of the Chapter.; having served in the position from April 2003 to September 2010. She received the CCI Distinguished Service Award from CCI National in November 2006. Trish served as a director on the chapter board from 2010-2015 and was subsequently returned to the position of Administrator. Trish is a condominium owner, served as a director in the corporation she resides in for a time and is a retired condominium manager. Her experience in different areas of condominium continues to be a benefit to the chapter and its members.


CCI Review 2022/2023 - 4 May 2023 Page 10

→ From Hydro One – available here During an outage

Keep track of the service interruptions on the Web, through your mobile device or listen to your battery - powered radio, if the outage seems widespread. That's why it's so important to have a battery - powered radio in your emergency kit. Be careful  Call 1 - 800 - 434 - 1235 to report the outage immediately so that we can act as soon as possible.  If it has already been reported, our system will tell you what we know about the situation. Unplug devices To avoid damage when service is restored, unplug computers, TVs, DVD players, cell phone chargers and any other electronic devices that may generate heat - except for the refrigerator and freezer. Getting organized safely If you're planning to use fuel - burning heaters, lights, generators or portable stoves designed for outdoor use, you should know that they can cause asphyxiation or poisoning if used inside, because they have no exhaust system to evacuate carbon monoxide. We recommend that you do not use this equipment indoors . Outage checklist

At home, you can create a 72 - hour emergency preparedness kit with the following supplies:  Windup or battery powered flashlight  Windup or battery powered radio  Portable external battery charger for smart devices  Water (2 litres per person per day)  Canned or dried food that won't spoil  Manual can opener  Batteries for your flashlight and radio  Cash  Blankets  Candles and matches  A paper list of emergency numbers and important contacts  First aid kit  Any other medical items and prescriptions you require

After an outage - what to do when service is restored

 If you notice any damage to your electrical installations, make sure to have them inspected by a master electrician.  Gradually turn electrical appliances back on, including heating appliances (e.g., baseboard heaters).  Wait until the temperature and humidity have returned to normal before turning electronic devices back on (TVs, stereo, computers, microwave oven, etc.).  Once the power is back on, see whether your electrical installation has been damaged. If you see sparks or broken or frayed wires, notice a smell or feel heat, turn off the power at the distribution panel (circuit breaker or fuse panel). Call a master electrician for advice, if necessary.  Don't walk through water to get to the distribution panel (circuit breaker or fuse panel).  Check the food left in the refrigerator and freezer during your absence and throw out any that has spoiled.  Restock your emergency kit and provisions. From the Government of Canada – available here and here. This publication was produced by Public Safety Canada in collaboration with: Canada Mortgage and Housing Corporation (CMHC), Canadian Red Cross, and St. John Ambulance. An electronic version of this brochure is available here.

CCI Review 2022/2023 – 4 —May 2023 Page 11

You can also create a personalized emergency plan online with the information provided by the different agencies mentioned in this article. You can save print and update as needed after you ’ re done. It ’ s important to organize a safe meeting place to meet up with family at a designated safe place. At the very least, please check this plan out here to create your own personalized emergency plan online. To save, print and update as need and to reassure yourself and your family that every possible eventuality is covered. You can also do it with your family so each of them is also familiar with the plan. City of London Emergency Preparedness – available here The City of London has a thorough Emergency Management Program in place to prevent, mitigate, prepare for, respond to and recover from emergency situations. Alert London Notification System – available here to sign up to receive alerts. In the event of an emergency, Alert London will provide crucial public safety messages. The system is designed to reach you at your preferred point of contact (text or voice). Please provide your name, address, phone number and preferred method of contact (text or email). A hazard identification and risk management study conducted by the City of London has identified the following potential hazards in our region. It includes:  Severe weather and other meteorological events  Major accidents, technological failures, disease outbreaks, international acts.

The City of London has a thorough Emergency Management Program in place to prevent, mitigate, prepare for, respond to and recover from emergency situations. Every member of your family should be familiar with the program.

Other Tips: Ways to use less electricity at home to help prevent a power outage include:

Using electricity during off peak times

 Adjusting your thermostat to as high as you are comfortable  Closing curtains and blinds to keep your home cool  Taking your family to cooling centers, the library, or other public places that offer air conditioning  Finding activities to keep cool and don ’ t require electricity like swimming! How can you help with prevention in your community? Every Board of Directors has a responsibility to care for the assets of the corporation. This includes the maintenance of trees and shrubs where they add beauty, and help protect the environment. Prevention of them growing into power lines and

possibly causing outages can fall in this category. We can ’ t control the weather but we can make every effort to keep foliage healthy with ongoing tree maintenance and even by having a tree assessment by an expert arborist. A diseased tree may not be evident by an untrained eye. This is not what you want to see on your property; but it was one example of the destruction caused by the derecho in May of 2022

CCI Review 2022/2023 - 4 May 2023 Page 12

Condo Corporation Wins CAT Case Against Disruptive Tenant, Landlord on the Hook for Costs

A recent case in Toronto has highlighted the importance of strong condo governing documents for dealing with disruptive tenants. It also provides a warning to landlords about the liability for tenant behaviour in condo corporations. In Toronto Standard Condominium Corporation No. 2804 v. Micoli et al. , a condo corporation applied to the Condominium Authority Tribunal (CAT) to enforce its condo regulations against a tenant who was causing chaos in the building. The tenant's behaviour included unreasonable noise, leaving objects in the hallway, disrupting and annoying staff, and breaching COVID - 19 regulations. The condo corporation provided evidence of several complaints from other residents of the condo, and numerous incident reports filed by security staff. The CAT ordered that the tenant cease all disruptive, noisy, annoying, and nuisance - causing conduct both while in his unit and while anywhere else on the condo property. The CAT also ordered the that the unit owner (landlord) comply with his statutory obligation to take all reasonable steps to ensure that his tenant conduct himself in accordance with the condo's declaration and rules and these orders, as required by the Condominium Act . Condo Boards and managers should keep in mind three things when considering a CAT application (1) the importance of strong condo governing documents, (2) compelling evidence to establish a breach of the Act or the governing documents and (3) a record of all costs and damages incurred. A well - drafted Condo declaration and rules are critical in ensuring Condo Boards and managers have the necessary tools to deal with tenants disrupting others and establishing the unit owner (landlord)'s liability for their tenant's behaviour. It is not enough to have strong governing documents, the condo needs to be able to establish that the tenants have breached the obligations and the unit owner (landlord) have not taken all reasonable steps to ensure their tenant is complying with their obligations. In our view, a unit owner (landlord) should take immediate steps whenever they are contacted by the condo corporation about issues caused by their tenant. Landlords should also document all of the efforts that they take to address tenant conduct, this includes letters, notices and potentially applications to the Landlord and Tenant Board. Unit owners (landlords) should also reach out to ask for the condo corporation's co - operation in gathering the evidence necessary to be successful at the Landlord and Tenant Board. Ultimately, clear and regular communication with the condo corporation about steps taken by the unit owner (landlord) will be necessary to mitigate the owner's potential liability at the CAT.

Laura Gurr, JD, LCCI is a partner with Cohen Highley LLP in London, Ont. Cohen Highley has offices in London, Kitchener, Chatham, Sarnia, Stratford and Strathroy. Laura provides risk management and regulatory compliance advice to condominium corporations, property management companies and non- profit housing providers. She regularly writes and speaks about legal issues affecting the industry. Laura has been on the CCI London Board of Directors since 2016. She brought her expertise, enthusiasm and an intense willingness to share in her contributions as a writer, presenter and instructor.. Laura was awarded her Leader of the Canadian Condominium Institute, (LCCI) designation by CCI-N in November 2022.

Thank you to Andrea Strathdee for her assistance in drafting this bulletin.

Permission to re - print given by Laura Gurr, Cohen Highley LLP

CCI Review 2022/2023 – 4 —May 2023 Page 13

The Director Certificate Program—Day 1

On Saturday, April 15, 2023, the London and Area Chapter of the Canadian Condominium Institute ("CCI") hosted its first Director Certificate Program course at Fanshawe College. Fifteen (15) program attendees completed the first 4 of 8 courses designed to educate condominium directors on directors' obligations, best practices for good governance, and how to foster a positive culture in their condominium communities. This program is also accredited by the CMRAO and counts towards the new ongoing CPD requirements for condominium managers. As one of the program organizers, we wanted to create an engaging and interesting learning experience for attendees. Courses were led by speakers and panelists from various industries, including law, accounting, engineering, insurance, and condominium management. Speakers led the conversation using course materials designed by a provincial subcommittee of CCI, while a two - person panel assisted in answering questions and contributing their knowledge and experience with practical, real life examples.

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).

Here is a brief overview of the topics covered in the first four courses:

101: Governance Fundamentals

This course started out the program with an overview of the basis of condominium governance: the Condo Act, the Declaration, Description, By - laws, Rules and Policies of a corporation, and the roles of directors and condominium managers. Led by Kristi Sargeant - Kerr and Madeleine Stirland of Scott Petrie LLP, this course covered regulations and best practices for creating and amending governing documents;

101: Governance Fundamentals Speakers: Kristi Sargeant-Kerr and Madeleine Stirland (Scott Petrie LLP Law Firm) Panel: Tricia Baratta (Account Executive, Gallagher Insurance) and Séan Eglinton (Senior Condominium Manager, Thorne Property Management Ltd.)

education, disclosure, and duties of directors and officers; requirements for self - management and management by licensed professionals; and other laws, including the Human Rights Code and Occupational Health and Safety Act, that impact condominium governance.

102: Condominium Insurance Fundamentals Tricia Baratta of Gallagher Insurance led the second course of the day on mandatory and optional insurance for condominium corporations and unit owners, including the insurance obligations for both the corporation and unit owners when it comes to standard units and units with alterations. This course also looked at property, and liability, boiler & machinery insurance, and how corporations

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..

102: Condominium Insurance Fundamentals Speaker: Tricia Baratta (Account Executive, Gallagher Insurance) Panel: Séan Eglinton (Senior Condominium Manager, Thorne Property Management Ltd.) and Kristi Sargeant-Kerr (Partner, Scott Petrie LLP)

CCI Review 2022/2023 - 4 May 2023 Page 14

can work with insurance experts to address risk and claims management.

103: Budget, Audit and Financial Statement Fundamentals

After a catered lunch break, Michael Watson of Davis Martindale LLP Chartered Professional Accountants spoke to the financial management of condominium corporations, covering the basics of budgets and monthly statements, special financing, liens, and annual financial statements and audits. This course also briefly discussed reserve funds, which will be a course topic at the next Program event.

103: Budget, Audit and Financial Statement Fundamentals Speaker: Michael Watson (Davis Martindale LLP Chartered Professional Accountants) Panel: Alana Haggis (Registered Condominium Manager, Sunshine Property Management) and Joe McGowan (Edison Engineers Inc.)

104: Enforcement Fundamentals

The final course of Day 1 was led by Laura Gurr and Megan Alexander of Cohen Highley LLP and covered the application of key sections of the Condo Act, and how to interpret and enforce a corporation ’ s governing documents. Discussion regarding enforcement processes and best practices included tips on documenting incidents, communicating with unit owners, and other practical considerations, like language barriers or human rights issues. This course also discussed when a corporation should consider seeking legal advice, how to issue chargebacks, and when to proceed to an application to a court or tribunal.

104: Enforcement Fundamentals Speakers: Laura Gurr and Megan Alexander (Cohen Highley LLP) Panel: Alana Haggis (Registered Condominium Manager, Sunshine Property Management Inc.)

Join us for Day 2 in October! Watch for details on our social media and website.

The next four courses of the Director's Certificate Program will be taking place in October 2023 and will cover Reserve Fund Fundamentals, Meeting Fundamentals, Record, Return & Certificate Fundamentals, and Repair, Maintenance & Change Fundamentals. Registration will be available on the Events Page of the London and Area Chapter CCI website. We are frequent contributors to London and Area CCI education events, which are hosted monthly on a variety of topics, and we invite you to follow them on Facebook, Instagram, or LinkedIn. If you are not a member, we highly recommend joining and can do so by emailing the CCI London & Area Chapter Administrator.

CCI Review 2022/2023 – 4 —May 2023 Page 15

Bill 91, Less Red Tape, Stronger Economy Act, 2023

ERO number: 019-6886 Notice type: Bulletin Posted by: Ministry of Red Tape Reduction Bulletin posted: April 3, 2023

Last updated: April 3, 2023

Ordered for Third Reading: May 11, 2023

Bill 91 An Act to enact two Acts, amend various Acts and revoke various regulations The Hon. P. Gill Minister of Red Tape Reduction Government Bill

There are proposals in this Bill that do not have significant impact on the environment but may impact businesses. Opportunities to comment on these additional proposals are available on Ontario’s Regulatory Registry.

1st Reading April 3, 2023 2nd Reading April 6, 2023

3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on Justice Policy and as reported to the Legislative Assembly May 11, 2023) (The provisions in this bill will be renumbered after 3rd Reading)

This reprint of the Bill is marked to indicate the changes that were made in Committee. The changes are indicated by underlines for new text and a strikethrough for deleted text. The Ministry or Red Tape Reduction has proposed an Act to modernize and update legislation to pave the way for better services, help Ontario businesses grow, and save Ontarians time. The proposed amendments in this act are reflective of modern technology, and current best practices. This Bill includes 43 Acts that will be affected.

Note : the schedule that amends the Condominium Act, 1998 is below.

SCHEDULE 7: CONDOMINIUM ACT, 1998 The Schedule amends the Condominium Act, 1998. Here are some highlights:

1. Currently, “ telephonic or electronic means ” is defined for the purposes of subsection 52 (1) of the Act. The definition is amended and moved to subsection 1 (1) so that it applies for the purposes of the entire Act. 2. Amendments are made to the provision setting out the content requirements with respect to a notice of a meeting of directors. (See subsection 35 (3) of the Act). 3. Amendments are made to provide that meetings of directors or of owners may be held entirely by one or more telephonic or electronic means or by any combination of in - person attendance and by one or more telephonic or electronic means. The by - laws may limit the manner or manners by which such meetings may be held and may specify requirements that apply. A directors ’ meeting held in such a manner must provide that all persons attending the meeting are able to communicate with each other simultaneously and instantaneously. An owner ’ s meeting held in such a manner must enable all persons entitled to attend the meeting to reasonably participate. (See subsections 35 (5) to (8) and 45 (6) to (9) of the Act). 4. An amendment is made to require a corporation ’ s record of owners and mortgagees to also include any prescribed information. (See subsection 46.1 (3) of the Act). iii

CCI Review 2022/2023 - 4 May 2023 Page 16

5. Amendments are made to provisions concerning the sending of notices to owners and mortgagees by electronic communication. Provision is also made to authorize certain by - laws with respect to sending notices by that method. (See subsections 47 (4) to (6) of the Act). 6. Amendments are made to provide that a notice of a meeting of owners is not required to specify a place of the meeting if it is to be held entirely by one or more telephonic or electronic means. (See subsection 47 (7.1) of the Act). 7. Amendments are made to provide that, at a meeting of owners, a vote by a show of hands or by a recorded vote may be conducted entirely by one or more telephonic or electronic means or by any combination of in - person attendance and by one or more telephonic or electronic means. The by - laws may limit the method or methods by which such a vote may be conducted and may specify requirements that apply. (See subsections 52 (1.1) and (1.1.1) of the Act). 8. Certain amendments are made to the rules concerning what constitutes service of things other than notices that are required to be given to an owner or a mortgagee under the Act. (See section 54 of the Act). 9. Amendments are made to the record - keeping requirements with respect to ballots and instruments appointing a proxy for meetings of owners. (See subsection 55 (1) of the Act). 10. The Lieutenant Governor in Council is authorized to make regulations governing the giving of a notice under clause 47 (4) (c) or (5) (c) of the Act. Also, the Minister is authorized to make regulations governing transitional matters. (See subsections 177 (1) and (2) of the Act). 11. Currently, Part IV.1 (Special Rules During Emergency) of the Act provides that certain provisions of the Act are temporarily suspended and that replacement provisions, set out in the Schedule to the Act, apply during the temporary suspension period. Part IV.1 and the Schedule are repealed. The regulation extending the temporary suspension period is also revoked. Other technical amendments are made. The bottom line: If approved by legislature, these proposed changes:

• allow condominium corporations to conduct virtual and electronic meeting procedures;

• facilitate the transmission of notices and other condominium documents virtually;

Note: This will also replace temporary provisions of the Act that permitted virtual meetings and are set to expire on September 30, 2023.

Note : You can review related links, including Ontario ’ s Regulatory Registry and view Bill 91 in its entirety as Amended by Standing Committee (PDF) here:

Watch for further updates as they are published here

CCI Review 2022/2023 – 4 —May 2023 Page 17

Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28

Made with FlippingBook flipbook maker