CCI-London and Area's second of the 2021-2022 year.
CCI Review Quarterly Condominium Newsletter
Inside this issue
A Thank You ............................ .....2
Chapter Communique ………………...3
New Advertising Opportunities …..4
LCCI—Open for Applications ……....4
Recognizing Members …..…………….5
Welcome New Members …………….6
Connection to Education ......... …..7
Upcoming Local Events ……………….7
Upcoming National Events ...... …..8
Extending Virtual Meetings …..…...8
Event Recap ……………………………….9
Mental Health and Metal Illness.10
President ’ s Message
Cultural Awareness and Sensitivity in Housing Sector ………………………11
As my first President ’ s Message as the newly appointed President of CCI London and Area Chapter, I want to thank the hard - working volunteers and professionals in our industry. We have been up against the hardest time (mentally and physically) most of us have ever faced. Remember, this is hard “ right now ”.
Sponsorship Programme.. …...12 - 13
Working Through a Landscape Bid Process ………………………………..14 - 16 Nuisances, Annoyances and Disruptions: CAT Expansion …17 - 18
Staying In Touch ……………………….19
CAT Jurisdiction Expansion …..20 - 21
The past few years have not only seen major changes around the world, but shifts in our Chapter, as well. We ’ ve become more efficient, more organized and less prone to rest on our laurels. We have a true go - get - it attitude on the Board and we are doing everything we can to foster progress and the evolution of the organization. Stefan Nespoli has completed two years of dedicated hard work as President and we thank him so much for his mentorship and drive. His encouragement and collaboration in all committees of the chapter have inspired all of us in our growth and strength. Stefan has declared his continuing involvement as a director, and we are grateful. Thank you, Stefan. I am so pleased to welcome elected directors Heather Dickenson, Dave Leff and S ean Eglinton for 3 - year terms to our Board. I look forward to working with them all. The chapter is full of talent and our executive members, Vice - President Tricia Baratta, Treasurer Michael Watson and Secretary Kristi Sargeant - Kerr help guide our organization with their years of experience. All directors have accepted the challenges
The Shortage Economy and its Effects on Condos ………………..22 - 24 Safeguard Your Vehicles & Contents …………………………………..25
Protect Landscape in Winter.26 - 27
Getting Ready for Winter ……..28 - 29
A Water Heater Casualty ……..30 - 31
Q&A: Audit Basics ……………....32 - 33
Advertisers .............................. …34
Social Media Connection …………..34
Next Newsletter Deadline
CCI Review 2021/2022 —November 2021 - 1
London and Area Chapter Board of Directors 2021/2022
President Jennifer Dickenson, BS C (H ONS ), RCM
Past-President Stefan Nespoli, B.A.S C ., P. E NG
We are so grateful to all the writers in this and every edition of our CCI Review. We hope the information herein is helpful to you and your community. You are always welcome to inspire us with any topic you have an interest in as it pertains to challenges that may arise in your community. Not a writer ? No problem! We can work with you. We ’ re listening for your comments and suggestions with the Administrator at ccisw@cci - sw.on.ca.
Vice President Tricia Baratta, R.I.B. (O NT )
Treasurer Michael Watson, CPA, CA, LPA
Secretary Kristi Sargeant-Kerr, LL.B.
Directors Heather Dickenson, BA (Hons), CSC, RCM Chris DiPietro, R.I.B. (O NT ) Tony DiPietro Séan Eglinton, ACCI, LCCI David Leff Laura Gurr, J.D. Lisa Skirten
BEFORE YOU GOANY FURTHER...
The information and opinions contained in this publication are brief summaries of complex topics provided by the authors. The Chapter is without liability whatsoever. Readers should always obtain expert advice on their specific situations. For membership and/or advertising information, visit our website or contact the Administrator directly. Advertisements in this publication do not reflect an endorsement by CCI of any company or product. Members are encouraged to compare rates and ask for references when contracting for goods and services. Permission to reprint is hereby granted provided: 1.Notice is given to the CCI - London & Area Chapter in writing to ccisw@cci - sw.on.ca; and 2. Proper credit is given as follows: “ Reprinted from the CCI Review London & Area Chapter, [Year: Issue] All rights reserved ”, and; Articles must be copied in their entirety.
Administrator Trish Kaplan, CCI (H ON ’ S ) National Representative Tony DiPietro Editor Trish Kaplan, CCI (H ON ’ S )
Layout Design Jennifer Dickenson, BS C (H ONS ), RCM
Mailing Address: P.O. Box 51022, 1593 Adelaide Street N. London, ON N5X 4P9 Tel: 519-453-0672
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 man- ager to let them know that you have carried out the task. Managers will be grateful for your assist. Complete the form with changes and email. Click here
Email: firstname.lastname@example.org Website: www.ccilondon.ca
Note: The address is a postal outlet/ mailbox only. Please contact the Admin- istrator by email where delivery must be arranged
CCI Review 2021/2022 —November 2021 - 2
...Continued from page 1 “ President ’ s Message ”
that are before us and to share their expertise among the various committees, including Education, Legislation, Ontario Caucus, Community, and more as needs arise. Last year, we moved to a fully - digital platform for our education and quarterly CCI Review . We expanded our social media offerings to include Instagram and LinkedIn. We began recognizing our long - standing members and summarizing the rulings of the Condominium Authority Tribunal for all to see online. We had a sold - out golf tournament with many great sponsors and have expanded our offerings to sponsors for our webinars. Keep an eye out for us in your local Coffee News , as we have a contest starting soon! We are looking forward to offering you more this year, as we have learned to adapt to new and ever - changing restrictions. We wish you all the best this season has to offer and hope you can find the time to continue joining us at our next events!
Jennifer Dickenson, President
Chapter Communiqué By: Trish Kaplan, CCI (Hons)
As time flies, we continue life saving strategies, each of us dealing with them in our own way. The pandemic continues to affect how we live and work. It hasn ’ t been easy by any stretch of the imagination. We agonize over the restrictions and isolation, worry about our own physical health and that of loved ones; stress about their careers, finances and more that may not have come to light yet. Boards, managers and contractors are doing their utmost to attend to long lists of projects to attend to, often with chal- lenges out of their control. They are approaching every obstacle with an eye to completing them as effectively and in the best manner possible for the communities. Contractors struggle with constraints in supply chains and the associated infla- tion to secure product. Weather events also make scheduling difficult to complete projects. The need for patience, understanding and kindness on all fronts continues to be fundamentally essential for us all. Unfor- tunately, too often we hear and read of exactly the opposite type of behaviour which creates even more stress to those on the receiving end of personal and hurtful attacks. While everyone is entitled to their feelings, response to others should always be respectful. We are all navigating many hurdles during these stressful and uncertain times. We also strive to better self - motivate, to make changes that will increase positive influences into our lives. While none of us can solve another ’ s challenges, we can, at the very least, be attentive and listen. Let the hero within us come out to heal ourselves and others. Keep your face to the sunshine and you cannot see the shadows. (Helen Keller) None of us knows what the future holds. The phrase “ we don ’ t know what we don ’ t know ” will continue to be an honest reality as we maneuver through time and understanding of this pandemic. The need for teamwork was never more clear for home and work lives. On behalf of the Board of Directors, thank you to all of you, who have shared your expertise and steered us through a path to better operating processes and procedures. Thanks to all of you who continue to participate in what we have to offer. We appreciate the opportunities to share and help lay the course for the future. Each day brings opportunities to celebrate, perhaps not like we used to, but nevertheless there are many moments that inspire us to hope. As we approach seasons of change and the multinational festivities that are observed in the upcoming months, we wish you joy and the treasure of memories you can experience and share.
We look forward to seeing you in 2022 and wish you the hope of positive renewal and dreams for all.
As we approach the holiday season, on behalf of the members of the CCI Board of Directors,
May your every celebration be bright and filled with good health, peace, love, and joy!
CCI Review 2021/2022 —November 2021 - 3
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 . This year, 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. We encourage you to sign up early next year!
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!
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 —November 2021 - 4
Recognizing our Long - time Members
COMPLIMENTARY ACMO CM MAGAZINE
Every Tuesday on social media, it is our pleasure to recognize our long - standing members for their support and participation. We call it “ Hat Tip Tuesdays ” Since our last issue of the CCI Review, the following members
Please do not send address or contact
appeared in our postings. Congratulations to all. Click here for: Facebook , Instagram and LinkedIn .
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. Please contact the CCI Administrator by email at email@example.com with any and all contact information changes. Allow 6 weeks for change to occur.
Left to Right, Top to Bottom: LCC 17, MCC 144, MCC 89, MCC 119, MCC 126, MCC 169, MCC 206, MCC 294, MCC 325, MSCC 583, and MCC 84
From Left to Right: Dave Leff, Nancey Charron RCM, Joe Mazzotta RCM
CCI Review 2021/2022 —November 2021 - 5
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. Please visit it for contact information and updates for new and returning businesses. Changes to the listing should be referred to the Administrator at ccisw@cci - sw.on.ca.
Professional Membership This group includes all those
individuals who earn a portion or all of their income from providing professional services to the condo industry. Ie. 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. 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.
INSURANCE TomGallinger, VicePresident of Atrens - Counsel InsuranceBrokers
LAW JakeFine, LL.B. of LashCondoLaw
London Condominium Corporation No. 10 Middlesex Condominium Corporation No. 234 Middlesex Condominium Corporation No. 285 Middlesex Condominium Corporation No. 464 Middlesex V - L Condominium Corporation No. 868
CCI Review 2021/2022 —November 2021 - 6
Education is Always a Worthwhile Investment
We look forward to seeing you at all the events that the Education Committee is organizing for the upcoming 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. You can also participate in events across the nation. Watch for local, pro- vincial and national event updates here. Your participation and your welcome suggestions inspire all of us to continue to do more in the field of education. We can all benefit. Please continue to share. Send them to the Administrator at ccisw@cci - sw.on.ca.
An investment in knowledge pays the best interest.
PROPOSED EVENT SCHEDULE – MARK YOUR CALENDARS
Noon by Zoom BYOF 7:00 PM Zoom Seminar Noon by Zoom BYOF Noon by Zoom BYOF 7:00 PM Zoom Seminar: Noon by Zoom BYOF
JANUARY 25 TH
Condominium Authority Tribunal (CAT) – Let’s talk about cases
FEBRUARY 15 TH
Fire never takes a holiday!
MARCH 15 TH
Putting our heads together with the Experts
APRIL 26 TH
An insurance claim workout
MAY 31 ST
There Are No Stupid Questions! (Legal Experts in the House)
JUNE 14 TH
11 th Annual Golf Tournament
JUNE 20 TH
11 AM Shotgun
CCI Review 2021/2022 —November 2021 - 7
CCI Publications Are Digital
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.
UPCOMING NATIONAL EVENTS
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
December 2 Toronto & Area
Electronic Tools to Education and Boost Engagement December 2 Golden Horseshoe Introduction to Condos
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.
December 2 Grand River Intro to Condos December 4 Grand River Level 300 – Tarion
Ontario Extends Virtual Meetings and Electronic Voting unit September 30, 2022
December 7 South Saskatchewan Creating Better Estoppel Certificates
The pandemic continues to influence how condominiums carry out their business.
Where the Government of Ontario made regulatory amendments that extended the effective period of temporary legislative provisions to end on December 31, 2021, there has been another extension to September 30, 2022. This extension will affect how condominiums can conduct business; including virtual meetings of owners, including AGMs, voting (by proxy or electronically), electronic notices to owners and virtual board meetings. The Annual General Meeting (AGM) continues to be a significant meeting for owners in every condominium corporation. It is one of the main ways that help ensure accountability of the Board of Directors to the owners. Sadly, the significance of the meeting is lost on too many owners and it is incumbent upon us all to galvanize their participation, not only because they should be informed about their significant investment and how it is being taken care of; but also to encourage their support as potential future board members.
December 17 Huronia Lunch and Learn
CCI Review 2021/2022 —November 2021 - 8
The CCI AGM & Special Presentation September 21 st , 2021
We very much appreciate the participation of our members to the Annual General Meeting, either by proxy or via Zoom. For those of you who were unable to join us, we hope you will enjoy reading about it. Thank you for your Service The success and strength of the CCI London and Area Chapter is owing to the exceptional people who volunteer so much toward what we have to offer our members. At the most recent AGM on September 21 st , 2021, we acknowledged the contributions and thanked Jeffrey Bell of Scott Petrie LLP (15 years) and Victoria Phillips of HighPoint Property Management Corporation (3 years) for their service to the CCI Board of Directors and the community. Welcome Directors to the CCI Board An agenda item to the AGM is the Election of Directors to the CCI. Board We are so pleased to welcome Séan Eglinton of Thorne Property Management Ltd ., returning for a 2 nd term of 3 years; and also new directors Heather Dickenson of Dickenson Condo Management and Dave Leff of TLC Landscaping and Design for 3 - year terms. Our board is made stronger by the expertise we draw on from our Board Members. Following the AGM, it was discovered that one director was left off the proxy. The end of her term of office had also come due for Tricia Baratta. In accordance with Section 4.02 of the CCI London and Area Chapter By - law, at a meeting of the Board of Directors on October 19 th , a motion was made to appoint Tricia Baratta as vice - president and accepted. Tricia may choose to stand for re - election for a 2 - year term at the next AGM. Our sincere apologies to Tricia for this error. Special Presentation Subsequent to the business portion of our Annual General Meeting, we welcomed you all to the Special Presentation, “ Avoiding Disaster: Maintenance, Repairs & Miami ”. Thanks so much for the many hours our professional presenters Joe McGowan of Edison Engineers Inc., Laura Gurr of Cohen Highly LLP, S ean Eglinton of Thorne Property Management Ltd. and Lyndsey McNally of CWB Maximum Financial put into this excellent presentation. Thanks too, to Kristi Sargeant - Kerr who moderated the event and Jennifer Dickenson who monitored the Chat Room. We are more than grateful to them all for their expertise. The takeaway from the special presentation, was informative and relevant for every board to consider during their duties as directors and for those professionals who are working with boards and managers on projects small and large. The importance of engaging professionals to assist in projects and how you proceed with them vis a vis the required expertise that is necessary continues to be significant. No project should be considered less than important to get the proper advice and preferably in advance.
CCI Review 2021/2022 —November 2021 - 9
Mental Health and Mental Illness – There is a Difference By: Trish Kaplan, CCI (Hon ’ s)
Mental health is an important part of overall health and well - being. It includes our emotional, psychological and social well - being. It affects how we think, feel and act; determines how we handle stress, relate to others, and make healthy choices for our physical well - being. No one is immune. It is important at every
condominiums, where residents may be more closely knit, it may be easier to identify someone who is suffering. That being said, while helping others can benefit our own mental health, it is important to place a little more physical self - care on yourself to get you through the tough times. While it is not the responsibility of directors on a condominium board, the managers or even the contractors who provide services on the property to administer to mental or physical health issues, being alert to someone ’ s struggles and the manner in which we respond to them can have a positive and profound influence. Some will talk about their struggles with others as a coping mechanism. Others will keep it internal which can affect their physical well - being. The overall influence on health and economics is high and will continue to be without the support of us all in any manner we can to ease the pain. We can all support the well - being of family, friends and neighbours by respect, kindness and patience that we show each other. The Canadian Mental Health Association (CMHA) shared the following Beneath the surface: Self - care myths and facts Reducing Stigma Stigma is discrimination against an identifiable group of people, a place, or a nation. Stigma is associated with a lack of knowledge about how COVID - 19 spreads, a need to blame someone, fears about disease and death, and gossip that spreads rumors and myths. For more information, visit the Centers for Disease Control and Prevention. - TK
Trish Kaplan , CCI (Hon’s) is the current part- time Administrator for CCI- London and Area 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 was also a Director on the CCI Board from 2010-2015 when she was subsequently returned to the position of Administrator. Trish is a condominium owner, served on the Board of Directors of the condominium she resides in for a time and a retired condominium manager.
stage of life, from childhood and adolescence through adulthood.
Struggles in both societal and personal levels can become debilitating which can create a crisis of disabilities we have not seen before. If you, or someone close to you needs assistance, it is important to reach out to the appropriate professionals for help. Too often “ mental health and mental illness ” are interchanged; however, they are not the same. There is a multitude of mental health issues that people struggle with every day. Anxiety, stress, depression, loss, grief, fear and other strong emotions are not diagnosed as mental illness. A person who is diagnosed with a mental illness can experience periods of physical and mental health issues. The importance of maintaining good physical health will benefit mental health. Persons who experience long - term medical conditions such as chronic pain are likely to experience mood disorders. Conversely, people with mood
Her experience in the different areas of
condominium continues to be a benefit to the chapter and its members.
disorders are at a higher risk of developing a long - term medical condition.
The pandemic has most definitely shone a light on growing concerns of the current mental health fallout, as well as the long term effects. For those who work within community settings such as
CCI Review 2021/2022 —November 2021 - 10
Cultural Awareness and Sensitivity for Housing Sector By: Laura Gurr, J.D.
Now, more than ever, cultural awareness and sensitivity are skills that are essential for those operating multi - residential housing. As society changes, every sector, including the condominium industry has an obligation to take steps to review their practices and keep moving forward and progressing towards greater equity, diversity and inclusion. There are a variety of definitions that are accepted. Generally speaking, cultural awareness and sensitivity is the knowledge, awareness, and acceptance of other cultures. This includes knowing that differences exist between cultures, but not assigning values to the differences (better or worse, right or wrong).
There are many resources available to support organizations and individuals as they look to build their cultural awareness and sensitivity skills. LUSO Community Services has developed a Cultural Awareness & Sensitivity for Housing program for London, Ontario housing providers that may be of interest to those in the condominium community. The Cultural Awareness & Sensitivity for Housing program works directly with housing representatives to develop awareness of newcomer communities; capacity to work with various cultural groups and provide training. The program is responsive to the newcomer demographics in London. The program has developed tools and resources for 3 different cultural groups: Syrian newcomers, Latin
Laura Gurr, JD is a partner with Cohen Highley LLP and a member of its management team. She is actively involved in the con- dominium and multi-residential housing industry. Laura regularly writes and speaks about legal issues affecting the in- dustry. Her affiliation with CCI as a Pro- fessional Member began in 2011, followed by her election to the Board of Directors at the AGM of 2016. Laura energetically partici- pates as a writer, instructor, pre- senter and trusted advisor. She shares her expertise with other chapters of CCI as well.
American communities (Colombia, El Salvador,
Honduras, and Venezuela); and
Nepalese Speaking/ Bhutanese Refugees. For more information, you can visit here .
CCI Review 2021/2022 —November 2021 - 11
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
CCI Review 2021/2022 —November 2021 - 12
Contact: https://www.facebook.com/ sheiberconsulting/
CCI Review 2021/2022 —November 2021 - 13
Working through a Landscape Bid Process By: S é an Eglinton, ACCI, LCCI, OLCM
At this writing, our City has seen half a dozen landscape companies close their operations since August 1 st . The reasons we ’ re hearing are insurance requirements and policies going through the stratosphere, but that ’ s a whole different kettle of fish for another time. Let ’ s assume that each one of these “ closed ” companies worked for a minimum of five condominium corporations, and that ’ s a low “ guesstimate ” in my opinion. That means that a bare minimum of thirty condominium corporations are likely to be scrambling for a replacement company as winter sets in. In a period where it ’ s already hard to find good, reliable, skilled labour this is an absolute mess.
true. We need to understand the wants and the needs of our community - both from a maintenance and from an ownership aspect. Does our ownership notice if the grass is green and weed free as best as legally we can? Do we have a high student population where litter is our biggest enemy? Are we irrigated? Do we want our gardens mulched every other year to help beautify them and reduce evaporation which will promote plant health? Let ’ s figure out what we want to reasonably have before we ask for any pricing. Far too often we see communities that have let their spring and summer extras fall away in lieu of other condominium needs. Quickly the turf is filled with weeds, gardens look sad and only the landscape team gets blamed for poor service. What we put into the property, whether it be mulching every spring, creating an annual display in the planters by the lobby, fertilizing four times over the growing season or using broadleaf weed killers such as Fiesta will only better the curb appeal and landscape health of the community. Understanding the needs of your community - winter The industry base line for service is snow gets ploughed upon 2” of snow fall and salt is applied when conditions warrant. This goes for roadways, parking lots and walkways. We can look to cut costs by using a sand - salt mixture in lieu of salt which is far less expensive per ton. Yes, we ’ ll save some money but we ’ ll have a very messy cleanup in the spring and even an extra spring cleanup invoice from our contractor to cover this work. If we are a high rise with hundreds of footsteps heading into the lobby daily the use of cheaper sand - salt will be a nightmare for
Séan Eglinton, ACCI, LCCI, OLCM is a Senior Condominium Manager with Thorne Property Management Ltd. Séan began his career in the landscape industry after graduating from the Landscape Design program at Fanshawe College. In November 2007, he made the career change to condominium management and started working for Thorne Property Management Ltd. Séan completed his RCM and ACCI requirements in January 2011. Séan was first elected to the CCI-London and Area Chapter Board of Directors in 2018 and re-elected in 2021. His association with CCI began even before being elected to the Board. He took the lead in CCI’s 1 st Annual Golf Tournament and has continued in that role since. He has participated as a presenter at educational events, as an instructor at the Condominium Course and a writer for the CCI Review .
Now let that sink in.
Many of us directors, owners, contractors and condominium managers may have been affected by this wave of closures. Some were fortunate enough not to be affected. Others were not, but were able to find a replacement company. Still others are scrambling, as both the leaves and temperatures drop. In a normal year we would all be in the final phase of signing our new fall landscape contracts by early October. For our sanities, let ’ s assume we have all signed our November 1 st landscape contracts and are moving on with life. But, what about those April 1 st landscape contracts which will be here in the blink of an eye? Well, let ’ s go for a ride. Understanding the needs of your community – spring, summer and fall Sure, we can have the age - old debate of if a condo looks the same it must be the same. But we all know that ’ s not
CCI Review 2021/2022 —November 2021 - 14
our building staff to keep up with, not to mention the beating the vacuums will take and the complaints from owners to deal with. Let ’ s go the other way and think about the damage that salt causes to our concrete and the discomfort it can cause to our little fury friends. Enter ice - melter. This product will be more expensive than salt, but is not as harsh to hardscapes, softscapes and paws. Ice - melter also has a lower de - icing temperature than salt which will typically stop working around - 7C. Have a heated ramp? A parking deck with a special coating that you don ’ t want damaged? Access doors that need to be cleared by a certain time? Build these needs into your contracts. Developing a proper scope of work, whether spring, summer, fall or winter is key for your community! As you can see, whether it ’ s summer or winter, every community will have variables to be aware of before we seek out pricing. Term of contract I believe in multiyear contracts with proper termination clauses of 30, 60 or 90 days. Only use these clauses when you have tried to fix the relationship and cannot, and for no other reason than that. Many of us already know and trust our contractors and will continue to support and lock them into a two or three - year contract. Not only will this assist us in setting the condominium budgets over the coming years with this one known cost, it will also let the contractor know that we want to keep them around to keep the community in tip - top shape for years to come. Good luck predicting the incoming master insurance policy premium for the corporation. Taking the contract/scope of work to market We ’ ve recognized the needs of our community, we ’ ve set the term of the contract we are happy with, now let ’ s go to market. Of course, invite your current supplier to the dance, but who else? Do we know directors in other communities with other suppliers they are happy with? Have you seen a nice clean landscape truck with well uniformed staff working on a property? Have we taken to social media to see what ’ s going on? Have we checked our CCI London Chapter Professional and Business Partner Directory for
contractors? Your condominium manager most likely has a short list of contractors they would be happy to work with and trust. Don ’ t go wild and invite everyone. Make sure you at least vet the contractors first. Contractors talk. If it ’ s known that many, many companies are bidding some may shy away and some may provide hail - marry pricing which is not fair to anyone involved in the bid process. Narrow it down – but don ’ t race to the bottom Far too often it ’ s a race to the bottom when it comes to pricing. Cheaper does not mean better. Yes, could one contractor be using wider blades and thus cutting down on plowing time or have better purchasing power when it comes to salt, absolutely. Ask the top couple of bidding contractors how many labour hours they see are needed to weed the gardens, cut the lawn and clear the roads in a typical snow event. They should all be relatively close if they understand their
CCI Review 2021/2022 —November 2021 - 15
company and your community. Perhaps someone is cutting corners and only budgeting one hour a week for weeding, when we know it ’ s five hours? Remember to be respectful during this process. If a contractor feels like they are being worked over the coals on their pricing, they will surely make it up somewhere during the length of the contract. This needs to be a win - win. Many us know that a win - lose mentality is not sustainable. Open dialogue both ways We ’ ve locked in our contractor of choice, now what? Don ’ t stop communicating. Like any partnership we are apt to become complacent with each other once the honeymoon phase is over. If the quality of work is slipping address it in a professional and constructive manner. If the work is on par or better, let the contractor know you appreciate what they are doing. Far too often the contractors are dumped on over and over. As someone who spent over a decade in the landscape maintenance, design and construction industry a simple “ thanks to the crew ” goes miles. And it ’ s remembered when the crew rolls in weekly to cut the lawn or plough the snow at 3:00am, I can assure you of that. We should remember that these contractors didn ’ t get into the industry to make a quick buck and leave. This is not Bitcoin. They want to build long term lasting relationships with their clients and grow their company and brand. Usually, they will have a point person for the Board and/or manager to communicate with instead of the crew who is sent in there to do the job in a timely and effective manner. Use this touch point person to your full advantage. Meet onsite monthly for 20 minutes to go over any issues or call each other every other week to check in. Whatever the method, keeping clear communication going as this will be the key to a successful business relationship. In closing … Before severing a relationship or going to market, understand your community. Be clear with everyone involved to the best of your abilities. Do we know what we are and what we want? Do we understand the costs? Are we looking for champagne taste on a beer budget? The better educated we are on the subject matter and the process the better for
everyone involved. Listen to the owners who share eyes on the property. And remember ….. this must always be a partnership based on a win - win mentality. Its that simple!
CCI Review 2021/2022 —November 2021 - 16
Nuisances, Annoyances and Disruptions: CAT Jurisdiction Expanding By: Stephanie Sutherland, LL.B .
The Ontario government has announced that, once again, the jurisdiction of the Condominium Authority Tribunal (CAT) is being expanded. This will enable unit owners and condo corporations to commence CAT proceedings on a wider variety of issues. Unfortunately, we are not aware of any procedural changes at the CAT describing how the CAT will deal with disputes that require the decision - maker to assess witness credibility, expert evidence, and expert reports. Effective January 1, 2022, the CAT will now have the jurisdiction to hear disputes about “ unreasonable nuisances, annoyances, or disruptions ” as set out in section 117 (2) of the Condominium Act, 1998 . These nuisances, annoyances, or disruptions include:
of the Act. In October 2020, the jurisdiction was expanded to include disputes related to pets, parking, and storage. There is concern in the condominium legal community in Ontario about how the CAT is addressing these matters and about whether the procedures in place are best suited to fairly and efficiently adjudicate these issues. To date, there are limited cases where the CAT has dealt with that first expanded jurisdiction. Added to this is the fact that some of those decisions have been appealed and we do not have the results of those appeals. Ultimately, some members of the condominium legal community, this writer included, are questioning whether the CAT is properly equipped to deal with another expansion to its jurisdiction so soon after the first expansion. The CAT is intended to be a place where condominium corporations and owners can go to easily, quickly, and efficiently resolve their disputes, without necessarily needing legal representation. So far, however, the process does not seem to lend itself to accomplishing those goals. In our experience, the CAT process - particularly at the third stage, where the actual online hearing is conducted. The CAT hearing process is not necessarily faster or more efficient (or less costly) than court proceedings or mediation/ arbitration, which is how these matters were previously addressed. In addition, the complexity of the legal concepts means that many parties are still understandably
Stephanie Sutherland, LL.B. is an associate lawyer with Cohen Highley LLP in Kitchener. Cohen Highley LLP has offices in London, Kitchener, Chatham, Sar- nia, Stratford and Strathroy. Stephanie provides risk manage- ment and regulatory compliance advice to condominium corpora- tions, unit owners, and property management companies. As a professional member of CCI she has participated as a writer, presenter and leader for chapters and the condominium community.
Noise; Odour; Light;
Vibrations; Smoke; and Vapour. The CAT will also have the
jurisdiction to hear disputes relating to provisions in the declaration, by - laws and rules that govern these issues, or any other type of ‘ nuisance, annoyance, or disruption ’ within a condominium community. Finally, the CAT will also be able to address disputes relating to indemnification or compensation with respect to the matters – i.e., charge backs. The CAT ’ s jurisdiction initially only covered records disputes, under s. 55
CCI Review 2021/2022 —November 2021 - 17
choosing to use paralegals or lawyers to represent them. This most recent expansion is intended to cover “ unreasonable nuisances, annoyances, or disruptions ”. Those within the industry know and appreciate that some nuisances, annoyances, or disruptions are reasonable (and even necessary) within a condominium community. The CAT ’ s job will be to assess whether the nuisances, annoyances, or disruptions complained of are unreasonable. This will often require the assessment of witness credibility, which presents challenges in an online dispute resolution platform, especially if the evidence is presented entirely in writing. Another concern with this new expanded jurisdiction is that issues like noise, vibrations, smoke, etc. often require the involvement of experts (such as engineers or other contractors) to assess the source or cause of the concern, and whether the issue being complained about violates relevant laws, guidelines, or professional standards. For that expert ’ s evidence to be relied on in a legal proceeding, including in a CAT hearing, an official expert report must be prepared. Both the initial assessment and the official report can be quite costly, and the legal and practical issues to be argued can be very complex. These are not matters where a Board member or property manager can or should be expected to act on behalf of the condominium corporation, or an owner to act on their behalf. This complexity, and the increased need for legal representation in CAT matters, is particularly concerning given that section 46.1 of the CAT ’ s current Rules of Procedure state that “ The CAT will not order a User to pay to another User any fees charged by that User ’ s lawyer or paralegal, unless there are exceptional reasons to do so. ” The CAT ’ s decisions to date support the idea that the CAT will only award legal fees in exceptional circumstances. Even where those circumstances are found, the CAT may not order the condo ’ s full legal costs. This means that in many cases, condominium corporations will end incurring legal fees with little to no recovery, even if they are successful in their CAT matter. If your condominium is experiencing concerns with a matter that would fall under this expanded jurisdiction, we would encourage you to reach out to your legal
counsel to discuss your options. As always, our office is available to work with you to navigate the concerns and determine the best way forward for your condominium community.
CCI Review 2021/2022 —November 2021 - 18
CCI Staying In Touch
We do our very best to reach out to our members where we have email addresses. If you are not receiving emails from us there may be a couple of reasons:
CCI has not been provided your email address Email the Administrator at ccisw@cci - sw.on.ca to approve receiving email
Email was returned as undeliverable for a variety of reasons; If we received an “ undeliverable ”, we do remove the email address from our data. Please update as changes occur. The email is being routed to your SPAM folder A periodic check of your SPAM folder for a message from CCI Administrator <ccisw@cci - sw.on.ca> to move the message from SPAM to your Inbox can solve the problem. Follow your email instructions on this task.
You may decide you don ’ t wish to receive our Communiqu es. Hopefully not, but if so, simply email us to let us know.
Condominium Connection to Education
Education is an investment in the future of your corporation . During these times when in - person meetings are not happening, opportunities to meet and network online with other owners, directors, professionals and trades who live and work in our communities can be helpful. We miss seeing you; however, public health guidelines will continue to dictate how we conduct our edu- cation events, just as they will continue to do so in your corporations and your businesses. Of course, we do crave some in - person connections, but we must continue to be patient so that we all remain safe and well. The chapter ’ s Education Committee and the Board of Directors will continue to develop actions to pro- gress and reach out to you to provide learning and other events. As we develop our presentations, we will notify you via an Email Communiqu e. If we do not have your Email address, continue to check out our website for updates here. https://ccilondon.ca/news - events/list - of - events Condominium Directors are reminded there are consequences for the corporation where a director does not complete the mandatory online Director Training provided by the Condominium Authority of Ontar- io (CAO) within 6 months of their appointment. Here is where you can access it: https://www.condoauthorityontario.ca/director - training/ Offerings by CCI cannot be applied to the requirements by the CAO.
CCI Review 2021/2022 —November 2021 - 19
The CAT Jurisdiction Expanding: Another Perspective By: Trish Kaplan, CCI (Hon ’ s) This perspective is offered primarily as an owner of a condominium unit, although my experiences as a former director and a retired condominium manager (albeit not during a pandemic) did hold some weight. It would be helpful if all boards and owners familiarized themselves with the CAT Rules, Policies and Guides . The most frequent disputes have involved those relating to requests for records that condominium corporations are required to keep under the Act and which owners are entitled to access. In reviewing many of the cases that have come before the CAT, I appreciate that condominium owners have opportunities to get condominium - related disputes resolved conveniently, quickly and affordably. It is important that we can protect our investments as best we can. At the same time, I also appreciate that boards and managers would experience a certain amount of frustration as a result of receiving frequent requests for records that owners would have received, possibly more than once. Given the substantial investment owners make in their unit, I am baffled that they need to request records that they would have received in the normal course of the corporation doing business. However, that does not excuse the boards and managers from providing a response to the request While I understand there may be legitimate reasons owners don ’ t have the records, such as they did not own a unit during that period in question, I ’ m not unfamiliar with requests where owners don ’ t attach the appropriate importance to the records they do receive and should keep on file for reference.
Trish Kaplan, CCI (Hon’s ) is the current part - time Administrator for CCI - London and Area 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 was also a Director on the CCI Board from 2010 - 2015 when she was subsequently returned to
the position of Administrator.
The Status Certificate
Trish is a condominium owner, served on the Board of Directors of the condominium she resides in for a time and a retired condominium manager.
Potential buyers very often assume their realtor knows everything there is to know about the condominium unit and the corporation and to be a singular advisor. That is rarely true and s/he should be totally up front about it and recommend the appropriate professionals to assist. Therefore, it is highly recommended that every buyer secure and review a Status Certificate personally prior to finalizing the purchase of a condominium so there are no surprises after the fact. This would provide them with the first important set of documents to keep if the purchase is finalized because they relate specifically to the unit and corporation. Surely, it is a large package that most owners tremble at the thought of having to read. I get that. The Status Certificate is even bulkier than it was when we purchased 20 years ago. After personally reviewing the Status Certificate, it is recommended to have professional assistance such as a legal counsel. Potential buyers might assume their legal counsel has carried out a page by page review on their behalf. That isn ’ t likely to be even feasible as very often, owners are in a hurry to close. Legal counsels are more inclined to review only that which is within a legal perspective disclosed in the Status Certificate as it falls within the normal scope of the legal services. For example, your legal counsel might include specific rules that would apply directly (pets, parking); information relating to common expenses for the unit; special assessments that may have been or may be levied by the board; audited financials, as
Her experience in the different areas of
condominium continues to be a benefit to the chapter and its members.
CCI Review 2021/2022 —November 2021 - 20Page 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 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34
Made with FlippingBook flipbook maker