CCI-London and Area's first digital newsletter of the 2021/2022 year.
2021/2022-1
CCI Review Quarterly Condominium Newsletter
September 2021
Inside this issue
A Thank You ............................ .....2
New Advertising Opportunities …..4
LCCI—Open for Applications ……....4
Recognizing Members …..…………….5
Chapter Communique ……..……...6 - 7
Connection to Education ......... …..7
Upcoming National Events ...... …..8
President ’ s Message
Let Safety Be Your Guide.. …..…9 - 10
Emergency Service Access ……10 - 11
Summer is officially upon us! While we are hopeful that everyone is able to find some downtime and to enjoy some sunshine, today we reflect on the tragedy that occurred on June 25, 2021 in Surfside, Florida. Approximately 50% of the 12 - storey residential condominium building collapsed in the middle of the night, claiming the lives of many residents. In the wake of this tragedy, we understand that there are more questions than answers and it is important to stick to the facts. Note the following comments: • It appears that the Surfside building was a conventionally reinforced concrete framed building. This type of construction dominates our highrise residential building stock in Ontario. Reinforced concrete structures have a proven history of safe use. They are extremely robust and generally contain layers of redundancy that protect against sudden collapse. • The 2018 Engineering report that was released identifies extensive deterioration of the parking garage slab but contains limited information on the extent of or location of the reported deterioration. There are no cost estimates and it does not identify the reason for the collapse. The report we reviewed appeared to have been a Preliminary Assessment, not a full Garage Structural Assessment.
Managing Costs & Risks …….…12 - 13
Sponsorship Programme.. …...14 - 15
Fireworks– Info for Everyone.16 - 18
Emergency Preparedness …….19 - 20
Mark your Calendars: AGM ……….21
Annual Capital Repair Planning ……………………………….22 - 24
10th Golf Tourney Thanks …...25 - 29
Memberships ……………………...30 - 31
Welcome New Members …………..31
Alert: Observing the Rules …..32 - 33
Q&A: Site Inspections& Budget Effects ………………………………....34 - 36
Advertisers .............................. …37
Social Media Connection …………..37
Staying In Touch ……………………….38
Next Newsletter Deadline
November 1
CCI Review 2021/2022 —September 2021 - 1
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.
London & Area Chapter Board of Directors 2020/2021
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 locate an expert to respond to your challenge. We ’ re listing 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.
President Stefan Nespoli, B.A.Sc.,P. Eng
Past President Chris DiPietro, R.I.B. (Ont)
Vice President Jennifer Dickenson, BSc(Hons), RCM
Treasurer Michael Watson, CPA, CA, LPA
Secretary Kristi Sargeant-Kerr, LL.B.
Directors Jeffrey Bell, BA (Hons), B.Ed., LL.B. Tony DiPietro Séan Eglinton, ACCI Laura Gurr, J.D. Victoria Phillips, RCM Tricia Baratta, R.I.B. (Ont) Lisa Skirten, CIM
Administrator Trish Kaplan, CCI (Hon’s)
National Representative Tony DiPietro
Editor Trish Kaplan, CCI (Hon’s)
Layout Design Jennifer Dickenson, BSc(Hons), RCM
Newsletter Deadlines
Mailing Address London & Area Chapter P.O. Box 51022 1593 Adelaide Street N. London, ON N5X 4P9 Tel: 519-453-0672 Email: ccisw@cci-sw.on.ca Website:www.ccilondon.ca
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 cer- tainly 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 grateful for your assist. Please email/ write the Administrator with this information here.
CCI Review 2021/2022 —September 2021 - 2
...Continued from page 1 “ President ’ s Message ”
• In the wake of the Elliot Lake Mall Collapse in 2012, Professional Engineers Ontario (PEO), released a guideline that outlines requirements for practitioners who perform structural condition assessments. Many local engineering firms are likely able to assist with carrying out structural condition assessments. There are also reports that major structural repairs at the Surfside Condos were delayed due to Board and Owner disagreements and infighting. Unfortunately, this type of situation is all too common in our industry. It is important that building Owners and Condominium Boards take the following steps: 1. Retain a qualified Engineer to assess any areas of structural concerns in your building. 2. Follow the Engineer ’ s recommendation to complete a Structural Condition Assessment. 3. Go back and review your Reserve Fund Study to check if there are recommendations for further review of your building. 4. Follow through with recommended repairs to address structural deterioration within the timeframes provided in the Engineer ’ s report. 5. Communicate updates to your community in a timely fashion. This tragedy reminds us of the responsibility that Owners, Boards, and Engineers have to ensure our buildings are safe. Taking the above measures will mitigate the risk of this type of tragedy occurring in Ontario. Members are encouraged to support local authorities listed below for up - to - date alerts and notices City of London, Ontario – Municipal Government; London Fire Department;
London Professional Fire Fighters Association – Ontario, Canada; Ontario Municipal Fire Prevention Officers Association (OMFPOA); London Police Association; London Police Service – Canada; Canadian Police Association; TSSA – Technical Standards & Safety Authority; Home and Safety: Electrical Safety Authority; and more
Visit their pages and
them.
Don ’ t forget to visit the Canadian Condominium Institute – London & Area Chapter. We look forward to sharing with you as well. On behalf of the Board of Directors, we wish you a safe and enjoyable summer and look forward to seeing you in the Fall.
Stefan Nespoli, President
CCI Review 2021/2022 —September 2021 - 3
Advertising Opportunities
If you are a professional or business partner in our chapter and would like to participate in supporting our publications or events, please contact the Administrator by email at ccisw@cci - sw.on.ca for information or visit our website . We introduced a NEW Webinar Sponsorship Packages to assist us in promoting your companies. Sponsorships are on a
first - come, first - serve basis as to their availability. A new form is also available for advertising in our publications here
CCI ’ s social media is seen by hundreds of board members, owners, professional and business partners and those in the wider audience following us online and from our condominium community. If you haven ’ t liked us yet, please do.
Check out our “ Legal Matter Mondays ”; “ Hat Tip Tuesdays ”; articles on issues that arise in condominiums; reports on CAT reviews; and more. Check us out!
LCCI Designation
The LCCI designation is open to any CCI member who provides goods and/or services, through annual employment time and volunteer time, to or within the condominium/strata/co - propiete industry. The designation is open to any particular profession or trade.
CCI Review 2021/2022 —September 2021 - 4
Recently, we started recognizing our long - time members on our social media accounts. Watch every Tuesday for our “ Hat - Tip Tuesdays ” to see our long - standing members from both the Condominium Corporations and the Professional and Business Partner supporters be recognized! Some have been with us since the beginning of our chapter (1992)!! Click here for: Facebook , Instagram and LinkedIn . Recognizing our long - time members
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 chapter provides the labels, addressed to the contact person, to a mailing service approximately 6 weeks prior to each mailing and they are responsible for the bulk and mailings of this complimentary magazine. We do not provide ACMO with our mailing lists.
MCC 248 445 Riverside Dr, London
MCC 205 1990 Wavell St, London
MCC 155 211 Pine Valley Dr, London
OCC 15 75 Bridge St, Tillsonburg
OCC 10 458 - 486 Springbank Ave, Woodstock
Don Dickenson, BA, LL.B., RCM Dickenson Condo Management
Barry Scott, LL.B, ACCI, FCCI Scott Petrie LLP
Susan Size, CMOC, ACCI, FCCI Thorne Property Management Ltd
CCI Review 2021/2022 —September 2021 - 5
Chapter Communiqué By: Trish Kaplan, CCI (Hons)
Thanks to all of the members for responding to the annual membership renewals in such a timely fashion and for updating your membership information. It is most appreciated. We encourage all members to renew to continue to be informed. Please ensure that at least one member of condominium boards provides an email address to receive communiqu es and notices. We see changes in the listings of board members and we are grateful to all who step forward to volunteer in their communities. We would be remiss if we did not extend our gratitude to Owners, who were elected in their Corporations and have completed their 3 - year terms (or more) as directors. We also see familiar names, those who contributed to communities for years in the past, returning to action after a break. I find this quote very much speaks to every volunteer who serves in any capacity for the time and effort they contribute to best serve their communities. Thank you all for your service. “ Volunteers do not necessarily have the time; they just have the heart. ” - Elizabeth Andrew Safety Measures and Focus Continues The pandemic and safety concerns surrounding it have been our focus for a long time. Financing and supply toward all safety initiatives affected operating budgets in business and in condominiums. Steps for re - opening is guided by the vaccination rate and key public health and health care indicators. For more information on the Roadmap to Reopen, see here. There may be additional costs involved in continuing to keep our communities safe. Condominium boards and managers are encouraged to take every step possible to create safety for staff, owners and visitors to the property by placing appropriate and clear signage that reflects policies or rules they have in place vis a vis mask - wearing requirements and also to reflect associated municipal health by - laws and guidelines. Happy Retirement We often hear whispers of retirement. It is something we all aspire to at some point in our lives; although the exact timing is often adjusted (sometimes quite often) for various reasons. Through our membership renewal process for 2021/2022, we have been informed of the following Professional and Business Partner Members who are moving on to the next chapter in their lives. CCI has been rewarded by their involvement over the years. We are so pleased to wish good health, good cheer and the freedom to enjoy the many adventures put off for too long to all who are adventuring into retirement mode.
Arpad Petrik, Petrik Property Management Bill Hamilton, Badger Daylighting LP
10 th Annual Golf Tournament – A Great Success Thanks to all who participated in any way to a success story that was our Golf Tournament on June 21 st . See elsewhere in this publication for recognition of all those who shared in that. We are all grateful.
CCI Review 2021/2022 —September 2021 - 6
Social Media and Sharing it!
We are so grateful to all of our friends, including those who are professional and business partner members in CCI across the nation for sharing. Our organization is made stronger for you by their significant sharing of information in the form of blogs, notices, articles, contests, etc. Do check out our social media platforms so you can keep up - to - date on what ’ s new or coming up in legislation or content in response to issues arising in our condominium community.
What a great way to share information and recognition! Follow our social media platforms for Legal Matters Mondays , where there continues to be interesting cases coming down from The Condominium Authority Tribunal (CAT); Hat Tip Tuesdays , where we are so proud to recognize our longest standing members, including Condominium Corporations; and occasionally we will be posting a Contest Time . Watch too for postings on upcoming events in the form of webinars, nearby conferences and more. Thank you to everyone who visits our website and social media pages.
As we progress through these upcoming months, on behalf of the Board of Directors, I wish you the very best of good health and however wonderful you can make the time work for your enjoyment of family and friends. Trish Kaplan, CCI (Hon ’ s) Administrator
Your Connection to Education!
We look forward to seeing you at all the events that the Education Committee is organizing for the up- coming year. We appreciate your keeping informed via social media and the website, not only for topics of discussion but how we will be sharing it, as we continue to ensure safety of all of our members. More information about individual events will be available on the website once the organizers have con- firmed the information and presenters. Your participation inspires the organizers and sponsors of CCI to continue to do more in the field of edu- cation for us all. The events are very often inspired by your suggestions or enquiries into particular are- as of expertise. Please continue to share your suggestions. They are always welcome. Send them to the Administrator at ccisw@cci - sw.on.ca.
An investment in knowledge pays the best interest. Benjamin Franklin
CCI Review 2021/2022 —September 2021 - 7
CCI Publications Are Digital
UPCOMING NATIONAL EVENTS
The original plan was to gradually go digital with our publications, primarily due to increased costs of production and distribution. This was intensified by our commitment to doing whatever possible to keep our communities safe. The publications are now provided to you digitally on our website. Overall, the advantages are positive, as is the feedback. We share a small part in saving the world and affecting climate change; we are not restricted by the number of pages and can enhance the productions with colour. CCI Review This is our quarterly publication where the expertise of our professional and business partner members continues to be most constructive. We are most grateful to them for sharing with us. We also thank them for their generous support by advertising. We hope you will continue to share the publications with colleagues and other owners in your condominium corporation. your industry - related articles are welcome to our publications. Please contact the Administrator (ccisw@cci - sw.on.ca) if you would like to share your expertise in an upcoming issue.
The upcoming National events, along with events across Canada, may be of interest to you. You might want to put reminders on your calendars now to check for updates as the days draw near to register. https://cci.ca/events/ upcoming - events October 13 th (Seminar) 4 pm — 5:30pm Subject Reserve Fund Planning -Zoom November 11 - 12 h , 2021 National Leaders’ Forum- Adapting to a Changing Environment
You can find this year ’ s previous issues of the CCI Review here 2021 Professional & Trades Directory
Every corporation and owner has opportunities when they require knowledgeable professionals and trades. We invite you to share access to the publication of our members within your communities. The directory is available online here . Listings will be updated as memberships are added and changes are received.
November 13 th , 2021 10 am— 4:00 pm CCI National Conference (& Tradeshow)
The WINNER is ….
The Surprise Call Went Out on Social Media
WIN your team! $500 value!!!!!! Contest sponsored by Cohen Highley LLP and Edison Engineers Inc at the CCI 10th Annual Golf Tournament Monday, June 21, 2021 at the Pine Knot Golf & Country Club.
Sometimes, it just pays to follow The Canadian Condominium Institute - London & Area Chapter on social media: This is how we met Tracey Baker , along with her friends and teammates, Laurie Barnes, Sharron Christie and Alan Mills, who made up the team sponsored by Cohen Highley LLP and Edison Engineers Inc.
From chatting with Tracey via email – I would say, this was a great beginning to her retirement plans. We most certainly wish her all the very best in her upcoming adventures, golf being high on her list of things she wants more time for.!
CCI Review 2021/2022 —September 2021 - 8
Let Safety Be Your Guide By: Trish Kaplan, CCI (Hons)
We have had many months detached from family and friends to stay safe during the pandemic. Sadly, we aren ’ t out of the woods on that just yet. We have had enough anxiety, heartache and isolation and we are more than ready to break through these walls that have surrounded us for too long. Since the arrival of nicer weather and in the upcoming months of hopefully the same, we are motivated to create new memories by participating in safe activities after so many months of confinement. Do let safety be your guide, each and every time. Condominium establishes that folks are living in close proximity. Your commitment to safety practices in your own individual units enacts safety for your neighbours and community. The Condominium Act, Corporations ’ governing documents, along with the Board of Directors who are responsible to promote the safety, security or welfare of the owners and of the property and assets of the corporation, should be observed by all residents for the continuity of safe living. Important reminders relating to home and community safety can be found in publications, on social media, from municipal agencies and from organizations tasked to creating public safety. There is never too much information on safety. The Condominium Authority of Ontario (CAO) , a non - profit organization created under the
Condominium Act operates under an administrative agreement with the Ontario government. Services and resources continue to build on informed condominium communities with comprehensive information and tools to create healthy and positive communities across Ontario as well as safety in condominium operations. More can be found by clicking the logo
The London Fire Department is an amazing resource to every member of families and community. Take some time to engage in some learning about fire safety and emergency services in our community. A review of the most common causes of Canadian home fires includes cooking (27%) or unattended cooking as the case may be; heating equipment related (12%), where attention to maintenance and safety practices may have avoided the inevitable. You can also find forms for Fire Safety Plans, which the Ontario Fire Code requires for many properties and businesses. There is so much more information that can make your upcoming months not only safe, but enjoyable. Get updates from the London Fire Department by following them on Facebook, Twitter and Instagram.
The Office of the Fire Marshal is a branch of the Community Safety Division of the Ministry of the Solicitor General. The Fire Marshal is the principal adviser to government on public fire protection policy and fire safety issues. Like them on social media to receive updates, including current communiqu e related to safety concerns.
They are responsible for the administration of the following provincial legislation that promotes fire protection, fire prevention and public safety in Ontario:
CCI Review 2021/2022 —September 2021 - 9
• the Fire Protection and Prevention Act, 1997 (FPPA), and • the Fire Code , a regulation made under the act that governs fire safety standards for equipment, systems, buildings, structures, land and premises in Ontario
The Technical Standards and Safety Authority (TSSA) promotes and enforces public safety. It is a self - funded, not for profit corporation responsible for administration and enforcement of the Technical Standards and Safety Act and its regulations on behalf of the Government of Ontario. The Technical Standards and Safety Authority has created a public safety awareness handbook
designed to reduce risk and keep families safe. It was published in 2016 but the information therein remains relevant and important. You can stay - up - to - date with TSSA by following them on social media, including Facebook, Twitter and LinkedIn.
BE SAFE AND KEEP YOUR FAMILY AND NEIGHBOURS SAFE!
Emergency Service Access in the Community By: Trish Kaplan, CCI (Hon ’ s)
Sirens create anxiety within us, especially as they get louder, signalling their increasing closeness. This is especially true these past many months as we all share apprehensions about the health of family and neighbours. In condominiums, it is perhaps even more alarming as sirens have a tendency to sound louder echo through the property, just as everything does. Rapid and accurate access for police, fire and ambulance is essential when lives are at stake. Emergency services on condominium properties are essential to all residents. A delay of any kind for emergency services to get to where they need to be on the premises can make a difference in someone ’ s life. There are some residents on every property who might have the need for emergency services. They frequently express concerns that roadways are obstructed by illegal parking, contrary to the City of London By - law regarding parking in a Fire Route or in non - compliance of the parking rules on the property. They are even more agitated when drivers park directly under a No Parking sign when driveways are clear and the location of the driver unknown. The City of London has a By - law to allow for ticketing of vehicles on private property under certain criteria. You can review the Private Property Parking Enforcement Program (PPPEP) on p. 6 and 7 of Item 4.3 here: For more information and the process involved in joining the program, including a Site Plan Approval process, please contact:
(Continued on page 11)
CCI Review 2021/2022 —September 2021 - 10
Condominium properties are considered private and have designated Fire Route access, where fire routes are established during the Site Plan Approval Process for the development. The access routes for firefighting including location, width, turning radius, vertical alignment and location of fire route signs shall be shown on the site plans for the property and in accordance with design standards for fire routes. To review all details of fire route signs and placement and other information, visit here. Virtually every condominium corporation will (or should) have rules related to traffic and parking control within the boundaries of their property. The Condominium Act, 1998 prescribes that no rule will be unreasonable; rather they evolve to address potential dangers to the assets of the property or risk to those who reside on it. The Board of Directors and their agents have the responsibility to ensure that all governing documents, including the corporation ’ s rules are followed by all of the residents, without exception. They deserve the respect of the residents for carrying out this ‘ not very popular and mostly thankless ’ task. Replacement of signage for any reason is the responsibility of the corporation. Where a resident has concerns relative to parking, or any other occupant behaviour, they should address them in writing to the management office during regular business hours. Your manager can then begin the process of reviewing your corporation ’ s policies as well as by - laws and provide you with recommendations and support to assist in resolving matters.
Fire Route Agreement (Schedule 26) The City of London and the Owner of a private roadway may enter into an agreement in the form set out in Schedule 26 of The Consolidated Traffic & Parking Bylaw PS - 113 or in a development agreement pursuant to the site plan approval process providing for the designation of the roadway as a fire route. It would be appropriate to carefully review the agreement before proceeding, as the board will have to agree to conditions and cost involved to ensure the property is Fire Route Enforceable. You can download a pdf copy of Schedule 26, Form 2, the Fire Route Agreement of the by - law PS - 113 here.
A typical penalty for parking in the fire route is currently $105.00 in London (subject to change).
Corporations can also reach out to the Condominium Authority of Ontario (CAO) for How - to Guides and Letter Templates to help you address an issue with a neighbour, manager or Board of directors. Let saving a life be part of your mission in life!
CCI Review 2021/2022 —September 2021 - 11
Managing Costs and Risks in Condominium Insurance By: Gareth Stackhouse, LL. B.
company the condominium over a $10,022.33 repair charge - back related to a leak. originally sued Briefly, Lozano asked "Did the unit owners' act or omission cause a toilet to leak and what does “ act or omission ” mean?" and "If yes, can the condo charge - back the costs of repair/insurance deductible under TSCC 1765’ s section 105 by - law?" The unit owners replaced toilet parts and later other parts of the toilet failed and leaked. The leak was noticed when they left the unit five months and only had someone inspect it every two weeks. Most importantly, they didn't shut off the water to the toilet when they left. The Divisional Court found that the "omission" was that the unit owners did not shut off the water feed to the toilet (no water, no leak) and that 13 days between unit inspections is " an obvious act or omission". TSCC 1765 was able to recover the costs. The Lozano case (and costs) could likely have been avoided if TSCC 1765 had a by - law that contained a waiver of subrogation, rigorously defined “ act or omission ” for a section 105 chargeback, and set maintenance standards about fixing toilets, turning off water, and inspecting empty units. Let ’ s explore the components of a standard
Insurance and insurance costs have been a live issue in recent years, with some insurers exiting the condominium market and that, plus market conditions, has led to a rise in premiums and deductibles. Condominiums unable to get insurance have been in the news. As a defensive play, insurance costs and risks can be managed through a properly drafted standard unit, insurance, and maintenance by - law made under the Condominium Act, 1998 (the " Act "). This type of by - law puts these related items into a single by - law and can be the single reference point for managers, boards, contractors, residents, and insurance adjusters every time there is an “ event of damage ”. It can prevent conflicts about costs, repairs, and responsibility (saving time and money) and it provides certainty for all parties, including the condominium ’ s insurer, where uncertainty will drive up costs. A well drafted by - law like this could have prevented the lengthy (and no doubt costly) litigation in the recent Lozano v. TSCC 1765 case and the case is a great illustration of the risks and costs related to insurance, damage, and maintenance in condominiums. Lozano v. TSCC 1765(2021 ONSC 983): The Divisional Court decision in Lozano was released in February, it was an appeal of a lower court ruling by the unit owners ’ insurance company that “ subrogated ” the claim and funded the litigation. The insurance
Gareth Stackhouse, LL.B., is a lawyer with Common Ground Condo Law and serves clients across Ontario, is active in numerous CCI chapters, ACMO, and he frequently writes and speaks on condominium topics. He has called small - town Ontario (the Ottawa Valley and the near “ north ”), Kingston, Halifax, and Toronto “ home ”.
This article appeared in Volume 28 of the CCI Eastern Ontario
Chapter ’ s quarterly newsletter, Condo Contact Magazine
unit, insurance, and maintenance by - law:
CCI Review 2021/2022 —September 2021 - 12
an event of damage to any unit(s) or the common elements which is caused by an “ act or omission ” of a unit owner or a person they are responsible for (like their tenant or tradesperson), whether the damage starts in their unit or somewhere else. The by - law can also define what “ act or omission ” means and move the standard closer to “ strict liability ” which is being liable simply because an event occurred. This prevents a legal battle about what someone did or did not do as in Lozano. “ Subrogation ” is the ability of an insurance company to sue in the name of the party they insure. A “ waiver of subrogation ” in a by - law is important to control costs by removing an insurance company ’ s ability to sue a condominium over a $10,000 insurance deductible where the insurance company disputes a condominium ’ s charge - back decision (like Lozano). Litigation is costly and complicated for a condominium. Finally, a by - law can help lower costs and premiums by setting insurance standards, that all unit owners and tenants have proper insurance coverage in place for the unit ’ s improvements, their personal property, and their living/business expenses. Maintenance Standards The Act allows a condominium to set maintenance standards through a by - law and having a clear and strong set of maintenance standards for unit owners to follow for their unit, their fixtures, and appliances, is another tool in preventing damage, establishing liability, and being clear about what a unit owner must do. This can include regular inspections and replacement of items that wear out and fail, to detect and prevent issues before they cause catastrophic damage. Maintenance standards can also resolve repair disputes where a lack of maintenance is the cause of the damage and could have been very helpful in the following case. Hopefully this information can assist you and your condominium(s) to control insurance costs and minimize insurance and damage - related risks. - GS
Standard Unit Where a condominium must repair a unit, repair costs and insurance premiums can be controlled through a well defined “ standard unit ” which classifies high wear, frequently upgraded, and high - cost items as “ improvements ” which a unit owner is responsible to repair and insure. This usually includes items like floor coverings, cabinets, counter tops, equipment, and appliances as “ improvements ” to a unit. It also sets the standards for replacement materials and can restrict these to “ builders ’ grade ” in order to further control costs. Insurance Deductible and Requirements There are four main components to a good insurance by - law, as this writer sees it, all of which lower the costs for a condominium: 1.Expand insurance deductible recovery (section 105 of the Act); 2.Setting the insurance deductible recovery standard closer to that of “ strict liability ” and rigorously defining what the words “ act or omission ” mean; 3.Waiving rights of subrogation; and 4.Setting insurance requirements for unit owners and tenants. Without a section 105 by - law, a condominium can only recover costs related to damage to a single unit which is caused by a person ’ s act or omission, the costs being the lower of the repair costs or the insurance deductible. Section 105 does not allow cost recovery where other unit(s) or the common elements are damaged (where the unit at issue sustains no damage) unless a condominium passes a by - law! With high deductibles and damage events (especially floods) easily spreading to other units and the common elements, a section 105 by - law is very important for cost recovery and insurance cost control. A section 105 by - law expands on the Act and allows a condominium to recover the lower of the insurance deductible or repair costs when there is
CCI Review 2021/2022 —September 2021 - 13
Sponsorship Program
We introduced the NEW Webinar Sponsorship Packages to assist us in education and in promoting your companies. Sponsorships are on a first - come, first - serve basis as to their availability. We are so grateful to the rapid response to this initiative. Thank you so much to these sponsors for their generosity and leadership. platinum
Email: info@cklegal.ca
Website: https://cklegal.ca/index.html
CCI Review 2021/2022 —September 2021 - 14
GOLD
Email: info@dickenson.ca
Website: www.dickenson.ca
Email: nicole@highpointpm.ca
Website: https://www.highpointpm.ca/
SILVER
Email: info@scottpetrie.com
Website: https://scottpetrie.com/
Email: sheiber_consulting@outlook.com
Contact: https://www.facebook.com/ sheiberconsulting/
CCI Review 2021/2022 —September 2021 - 15
Fireworks—Information for Everyone By: Trish Kaplan, CCI (Hon ’ s)
5.on the Saturday following Canada Day where Canada Day falls on a Wednesday, Thursday or Friday; The London Fire Department posted on social media prior to the Victoria Day holiday. In particular, the holiday weekend in May was enlightening to say the least. “ Stay - at - home ” orders created issues across the city with residents in private properties like condominiums discharging fireworks, as some described, clearly not aware of the dangers that they could present.
Every year, when the holidays that the City of London permits the use of consumer fireworks comes around, there is much discussion on social media and complaints to City Hall from residents across the City. Fireworks sparked much debate this year because there were no public fireworks displays and homeowners felt the need to stand in. Debates ramped up over changing the by - law, to consider the impact on members of our community who may suffer from disorders, on the environment and on pet
Trish Kaplan , CCI (Hon’s) is the current part- time Administrator for the CCI-London and Area
Chapter, also having served in the position from April 2003-
health. A petition was circulated to prohibit the sale and discharge of traditional fireworks by organizations and individuals. While there were pros and cons to the discussions, for the most part, both seemed reasonable to consider, including the fact that the period that is
The echo chamber that all of us who live on a condominium property are familiar with,
September 2010 and was awarded the Distinguished Service Award from CCI National in November 2006.
suggested that residents were
discharging fireworks on the property causing some angst among other residents. Some also reported that there are those who will defy the law and set off fireworks on many other opportunities and likely without a permit as required. There were calls to ban the sale of and setting off fireworks altogether and called upon City Council to review the by - law before those holidays come around again. Does Your Corporation Have a Rule About Fireworks? The Board of Directors is responsible to make, amend or repeal rules respecting the use of comment elements and units to promote the safety, security or welfare of the owners and of the property and assets of the corporation. (Section 58 of the Condominium Act)
provided by the by - law was not followed and spanned many days in and around the holidays. We know that this particular complaint is not new. First and foremost, it is appropriate to provide the City of London Fireworks By - law – PW - 11 for your reference and education. Specifically, the occasions that the City of London permits the use of “ Consumer Fireworks ” is: 1.between dusk and 11:00 p.m. on Victoria Day; 2.between dusk and 11:00 p.m. on Canada Day; 3.between dusk and 11:00 p.m.: 4.on the Saturday preceding Canada Day where Canada Day falls on a Monday or Tuesday;
“ Fireworks can be a great way to celebrate the holidays, but their associated risks are too high for
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condominiums to ignore. As a result, most condominiums prohibit owners from using them on the property, either directly with a rule that prohibits fireworks specifically or indirectly with rules that prohibit activities that are unsafe to others, likely to cause a nuisance, or likely to damage the property. A fireworks display is best left to the professionals. ” [posted on June 18, 2017 by Michelle Kelly, LL.B., ACCI from Robson Carpenter LLP] You can find more about Canada Day Celebrations from Michelle Kelly here . What Does Your Insurance Policy Say? No matter how careful, there is a chance something may go wrong. Damage as a result of fireworks could lead to legal action, potential for damage to property or persons. It is important to research how to safely and legally set off fireworks because those laws are accounting for risks you might not be aware of. Even with the appropriate insurance coverage, it may be treated as null and void if the province or municipality bans backyard fireworks and /or bans setting off fireworks on any other days of the year when a professional display fireworks company and a permit for authorizing the display is required from the City of London Fire Services. Leave no stone unturned to protect the community before proceeding with any fireworks display. Check local by - laws AND WHEREAS section 7.1(1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended provides that a council of a municipality may pass by - laws regulating fire prevention, including the prevention of spreading fires; Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 “ consumer firework ” means low hazard fireworks generally used for recreation, which may be classified as type F.1 explosives under the Act, including: showers, golden rain, lawn lights, pinwheels, roman candles, and volcanoes, but does not include Christmas crackers or sparklers containing less than 2 mg of explosive substance; “ discharge ” means to fire, ignite, explode or set off or cause to be fired, ignited, exploded or set off and the words “ discharged ” and “ discharging ” have a similar meaning (1) No person shall discharge consumer fireworks except:
(a) between dusk and 11:00 p.m. on Victoria Day; (b) between dusk and 11:00 p.m. on Canada Day; (c) between dusk and 11:00 p.m.: (i) on the Saturday preceding Canada Day where Canada Day falls on a Monday or Tuesday; (ii) on the Saturday following Canada Day where Canada Day falls on a Wednesday, Thursday or Friday; (d) as part of a display of display fireworks for which a permit has been obtained and for which all conditions and requirements of the permit have been met; or at such other times and such other dates as permitted by Council by by - law (2) A person eighteen (18) years of age or older may hold a display of consumer fireworks on any land belonging to him or her or on any other privately owned land where the owner thereof has given permission for such display or discharge of fireworks. (3) No person under the age of eighteen (18) years shall discharge any consumer fireworks except under the direct supervision of and control of a person eighteen (18) years of age or over. (4) No person being the parent or guardian of any person under the age of eighteen (18) years shall allow the person to discharge any consumer fireworks except when such parent or guardian or some other responsible person of eighteen (18) years of age or over is in direct supervision and control. (5) No person shall discharge any consumer fireworks in such a manner as might create danger or constitute a nuisance to any person or property, or to do or cause or allow any unsafe act or omission at the time and place for the discharging of any fireworks. (6) No person shall discharge any consumer fireworks in or into any building, doorway, or automobile. (7) No person shall discharge any consumer fireworks in or on or into any park, highway, street, lane, square or other public place, unless under a display fireworks permit to do so issued by the Fire Chief. ENFORCMENT 24.2 This by - law may be enforced by a police officer, a City municipal law enforcement officer, a City by - law enforcement officer, a member of City Fire Services, and any other person appointed by Council to enforce this by - law. Such persons enforcing this by - law may enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether the by - law is being complied with, and any power of entry shall be in accordance with Part XIV of the Municipal Act, 2001 and the Inspections By - law.
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time correctly, don ’ t risk an accidental explosion by relighting. Instead, please stay away from these duds for five minutes (if there is an unexpected delayed explosion), soak them in water and dispose of them with other spent fireworks that have been wetted. Put them in a metal trash can away from any building or combustible materials until the next day. While children seem to love fireworks especially, they should never handle them. Sometimes adults distribute sparklers for children to hold, thinking these are a safer alternative. Unfortunately, they burn at extremely high temperatures and cause severe burns and other injuries if mishandled. Any child under the age of 12 should be very closely supervised when playing with sparklers. The City of London says those with noise complaints regarding fireworks can call London police ’ s non - emergency line at 519 - 661 - 5670. - TK
OFFENCES AND PENALTIES 25. (1) Every person who contravenes any of the provisions of this by - law is guilty of an offence. (2) Every person who is convicted of an offence under this by - law is liable to a fine: (a) upon a first conviction to a maximum fine of $5,000.00; (b) upon a subsequent conviction to a maximum fine of $10,000.00. As the old adage goes, an ounce of prevention is worth a pound of cure. The Canada Safety Council [iv] advises reading all instructions, cautions and warnings on fireworks very carefully to ensure that you understand how to handle, set up, light properly, and dispose of, each explosive. Generally, all unused fireworks should be stored in a closed box away from any fireworks being lit. All other open flames or sparks (from things like cigarettes or sparklers) should be far from fireworks. Next, choose a clear, open space for your launching area. Using hard, flat and level surfaces will help ensure stability. All spectators should be a safe distance away from fireworks when being lit (see distance requirements on instructions), and children should be closely monitored. If there is any wind, it should be blowing in a direction away from spectators. Also, be sure to keep a bucket of sand, a source of water and a fire extinguisher nearby. When it ’ s time to start the show, only adults (18 years of age or over) should handle fireworks, and no one who is impaired by alcohol or drugs should be permitted to manage them. Although professional fireworks displays often light multiple items at one time, backyard enthusiasts should only ever light one at a time. The person lighting the fireworks should wear protective goggles and gloves, light the fireworks at arm ’ s length, and stand back. Never lean over fireworks when lighting them or hold them in your hand while they are lit. Ensure long hair is tied back and wear properly fitted clothing. Although matches or lighters are commonly used to light fireworks, open flames can be harder to control – especially when there is wind. A special smouldering stick called a “ punk ” can be a safer option. Sometimes a firework fizzles or doesn ’ t explode. While it might be tempting to try to relight these defective fireworks again if they don ’ t work the first
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Steps Toward Emergency Preparedness By: Trish Kaplan, CCI (Hons), Administrator
we are continually provided opportunities to expand our study and training for the operations that we are engaged to do. Resident Records The heart wrenching search and rescue efforts for ‘ unaccounted for ’ persons, where investigators used property records, dispatch calls and interviews with survivors and relatives of the missing to learn who lived in the building and where they were at the time of the collapse, suggested that up - to - date data on the residents in the community might have been inadequate. The Condominium Act, 1998 does address some issues that might arise in such a case. Perhaps better record keeping and more importantly, follow up, is required to ensure that the response in an emergency can be swift and relieve undue distress for those who are suffering, as well as those who are attending to the extraordinary efforts that are involved in recovery operations. Section 46 of the Condominium Act, 1998 requires that: 1.Record of owners and mortgagees A corporation shall maintain the record required by subsection (3). 2015, c. 28, Sched. 1, s. 41. 2. Notice of Owner ’ s name and unit As soon as reasonably possible upon becoming an owner in a corporation and, in any event, no later than 30 days after becoming an owner in a corporation, the
There were many issues that came to light relative to the disastrous and tragic fall of the Surfside condominium building in Florida. Time, records and expertise will be essential in their search for answers to every question that arises during the investigation. Many circumstances of this catastrophic collapse of the building are different from those that might cause concern in our own communities, including regulations, inspections, reserve fund and building codes; and not the least of which would include climate and weather. The response to any circumstance revealing safety issues to any building wherever it may be located warrants immediate action to risk management. The significance of adherence, inspections, reporting and being vigilant is extensive. We were also reminded of our responsibilities as owners, directors and all those who live in and who provide services to be attentive to every facet of awareness to the care and safety in our units, buildings and properties. No one is exempt from following the best practises of safety standards and the corporation ’ s rules. It is shameful that such a horrific tragedy is the manner in which we learn to understand, improve and devise solutions that overcome adversity and promote even more safety awareness in our community, especially when
Trish Kaplan , CCI (Hon’s) is the current part-time Adminis- trator for the CCI-London and Area Chapter, also having served in the position from April 2003-September 2010 and was awarded the Distinguished Service Award from CCI Na- tional in November 2006. She served on the Board of Direc- tors from 2010 to 2015 when she returned as Administrator. Trish is also a former condo- minium manager.
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owner shall give notice to the corporation in writing, setting out the owner ’ s name and, in accordance with the regulations, identifying the owner ’ s unit. 2015, c. 28, Sched. 1, s. 41. Section 83(1) (B) of the Condominium Act, 1998 requires that: Owners are required to provide the Condominium Corporation with required lease information within 10 days of entering a lease or the renewal of a lease. A fillable form of the Summary of Lease or Renewal can be found on the Condominium Authority of Ontario (CAO) here. Boards and managers often encounter the unintentional negligence of owners providing their
own contact information and/or tenant information, as well as emergency contact
information. More than likely, a design in systems for follow - up should be a priority where records are concerned. Eyes on the property may also alert you to the need for an owner/tenant update. Every member of a corporation ’ s team can be and should be involved in insuring up - to - date records. It is recommended that every corporation have an Owner Information Form that owners can update regularly and as needed for the corporation, especially as it might be needed in response to an emergency. We are aware that some will find the process of updating the information as time consuming at best; but worst, if not available to the corporation in an emergency. Regularly scheduled reminders for updates can be posted in community newsletters or communiqu es. Up - to - date resident records, including, names of those residing on site and their contact information, vehicles, pets, tenants and residents ’ emergency contact information can be invaluable to the crews performing emergency services on a property in a timely manner. It is recommended that residents advise management if they are to be away from the property for any length of time and to provide a contact person who is attending to the unit and can be in touch with the owner if the need arises. The responsibility to maintain this important information spans owners, the board and management. In an emergency, the consequence is understood.
Safety Cannot Be Taken for Granted In business, companies spend vast amounts of time and money on establishing and maintaining a strong and positive safety culture in the workplace. We cannot ever take safety for granted at work or at home or in our community. It is so important for everyone to ensure they are prepared for the unexpected and that information is available to share with those who are tasked with attending to an emergency. Frequent review of being prepared can be helpful in an emergency. Be prepared! Information relating to emergency preparedness in the event of a fire in an apartment and high - rise condominiums can be found here. More information can be found online at the Office of the Fire Marshal and Emergency Management here . —TK Every step toward being prepared in an emergency can be life - saving!
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