CCI Review Quarterly Condominium Newsletter
Inside this issue
A Thank You ………………………………………2
Call for Nominations ............ .…………..3
Chapter Communiqué ……………………….4
Submission to Condominium Insurance Consultation ……………………………………..5
Welcome New Members …………………..6
CAT vs Dog ………………………………………..7
Does Your Condo Look Good to Insurers?..............................................9
Scam Alert ……………………………………….11
Coffee News Winners ……………………...11
Reasonableness Regardless of the Route ……………………………………………...12
Event Recap ……………………………….14 - 15
Upcoming CCI - National Events ………..16
Ontario Extends Virtual Meetings and Electronic Voting ……………………………..16 Benefit of a Hole House Surge Protector ……………………………………..….17 Who are the People in Your Neighbourhood?................................18
President ’ s Message
In the past two years, if there ’ s one thing we ’ ve become used to, it ’ s not having time to get used to anything. Many have been in ‘ response ’ mode the entire time, with very little time to plan ahead. It is my goal to stop having to talk about the pandemic in my President ’ s reports, as you ’ re all tired of reading about it, I ’ m sure! We ’ ve seen some positive changes within CCI - London and Area Chapter over the last couple of years. At a Board level, we underwent a strategic plan to serve you better. We moved our quarterly CCI Review and the annual Professional Service and Trades Directory to a completely digital format, in order to
LCCI – Open for Applications …………...18
Newcomer Perspective for Condominium System?......................19 Managing your Common Elements Warranty …………………………...……...20 - 22
Education – Event Schedule …………….23
The Little Manager that Couldn ’ t..24 - 26
Tips for Being an Inclusive Condominium Community ……………...27
save costs and to be more accessible to our readers. We increased our social media presence from Facebook only to Facebook, Instagram, Twitter and LinkedIn, with hundreds of followers and growing. We began accepting electronic payments for membership, advertising and sponsorship fees. And, in order to continue providing quality education, we moved, temporarily, to a completely digital education platform. “ Many hands make light work ” and we can be so grateful for the amazing contributions of time, expertise, ideas and resources toward continuing to provide education opportunities to our community of Condominium, Professional and Business Partner Members. Going forward, we ’ re getting ready for our 11 th Annual Golf Tournament (June 20 th ) and some GREAT monthly webinars! Our golf tournaments are so fun that I actually started to golf JUST so I could be a player in these tournaments! We ’ re all looking forward to seeing each other in person!
Stacking Energy Efficient Rebates.28 - 29
Preparing for Spring …………………...30 - 31
Recognizing our Long - time Members ………………………………………...32 Your Search for Condo Manager / Management Services ……………………..33
Declaration vs Rules …………………..34 - 35
Q&A: A New Directors ’ Queries...36 - 37
Next CCI Review Deadline May 1
CCI Review 2021/2022 —March 2022 - 1
London and Area Chapter Board of Directors 2021/2022
President Jennifer Dickenson, BS C (H ONS ), RCM, LCCI
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. 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.
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
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 en- sure that our Administrator is provided an updated Board of Directors ’ listing, along with their mailing particulars, whenever there is a change and certainly prior to each mailing—no later than the first day of August, November, March, and May (subject to change). Please email or write the Administrator with this information. You can cc your manager to let them know that you have carried out the task. Managers will be grateful for your assist. Complete the form with changes and email.: https://ccilondon.ca/sites/default/uploads/files/Membership - CHANGE - Form - fillable.pdf
Email: email@example.com Website: www.ccilondon.ca
Note: The address is a postal outlet/ mailbox only. Please contact the Adminis- trator by email where delivery must be arranged
CCI Review 2021/2022 —March 2022 - 2
...Continued from page 1 “ President ’ s Message ”
Many condos are looking forward to their spring projects, but are they looking far enough into the future? It is never too late to look beyond the next season. If anything, it may be worth starting to look a year ahead now as we sort through the challenges that may arise. We find the earlier you plan, the smoother the plan goes. One aspect to start planning long - term is how to become more ‘ green ’, to save money and the environment; but also to appeal to a wider owner group. We used to just talk about improving insulation in attics and solar panels (which seldom ever actually got installed). With the Paris Accord no longer in conversation due to the Ukraine/ Russian conflict (hopefully by the time you read this it has de - escalated) taking over the news, some of us have stopped discussing the inevitability of having to install Electric Vehicle Chargers in our condos. With more and more companies offering installation services and grants from the government, the information is easily available online. The Condominium Authority of Ontario (CAO) has specific and step - by - step guidance on installing Electronic Vehicle Charging Systems for both high - rises and townhouses and this is a great spot to start, when thinking about responsibility for costs.
Attending to maintenance to the assets of the property is critical for boards. I encourage you to start planning NOW. Review your Reserve Fund Study Plan to see what was recommended for upcoming projects. For example, is this the year repaving is on your list of projects? There is organization to be done to get these larger projects off the ground. Connect with experienced professionals and trades to get the best for your community. If in doubt on any aspect of this year ’ s reserve projects, confer with your engineer. Organize and prioritize regular maintenance to manage budgets effectively. We continue to appreciate the awesome participation of all those who attend our events. Thank you. The importance of continued education in condominiums has never been more welcome and accessible and so essential to the responsibilities and decision - making that are ours. ■
Jennifer Dickenson, President
Call for Nominations to the CCI–London and Area Chapter Board
Well in advance of each Annual General Meeting (AGM) of CCI - London and Area Chapter, the Nominating Committee of the Chapter puts out a call to members who may be interested in volunteering to serve on the chapter ’ s Board of Directors. IF YOU DO, please email the Administrator at ccisw@cci - sw.on.ca to express your interest NO LATER than July 1 st , 2022. The Administrator will provide you with a Board of Directors ’ Nomination Form to complete and return. Any questions can be directed to the Administrator or any Director on the board. All forms are passed along to the Committee who shall prepare a slate of qualified nominees which it recommends for election. The slate of qualified nominees shall be delivered to the members with the notice of meeting, along with a list of any other candidates who have expressed, in writing, interest in standing for election.
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Chapter Communiqué By: Trish Kaplan, CCI (Hons)
The holidays came and went in a blink of an eye. Hopefully you all got to enjoy some of the delights of the season. Now we watch with anticipation for signs of spring. In my mind, the best to look forward to are the longer days and the flowering trees. However, we may not be quite finished with freeze/thaw cycles, so take care when you are out and about and watch for water accumulation around your units. Wishing ThemWell Over these past months, we received news from some directors who are leaving their boards for a variety of reasons, many of them sadly due to ill health. We can all be very grateful for the awesome dedication and support they have shown to their communities, some over many years. We wish them all comfort and speedy recoveries. Membership We continue to receive membership renewals for 2021/2022 and into 2022/2023, where pro - rated membership applies for NEW members. We realize email inboxes are full every day and priorities are set, so we thank managers and board members who found time in their busy schedules to complete the task to renew for 2021/2022 to keep memberships in good standing and to update board listings. Renewal Memberships for 2022/2023 are in the works. The renewal package will be emailed to the contact person of self - managed condos and to the manager of record for those who are serviced by a manager. Those to Professional and Business Partner members will go directly to them. We have been so pleased to acknowledge our long - standing members on social media in what we call ‘ Hat - Tip Tuesday ’. We hope you saw your recognition. Technology isn ’ t perfect. There have been hick - ups during these past many months as the renewal process continued. Thanks to those of you who have made us aware of issues and taken steps to ‘ make it right ’. You can check the listings to ensure your membership has been processed and remains in good standing here . CCI will continue to be on top of the pandemic guidelines and to respect everyone ’ s preferences. Volunteer directors have dealt with many issues that affected the manner in which they do business, from holding meetings to completing maintenance on the property over these last many months. The Condominium Authority of Ontario (CAO) continues to provide updates and helpful resources on their website. Registering for Zoom Events We are delighted that so many of you are sharing your time with us at our education events via Zoom. We will continue to alert members by our Communiqu es when Registration to the events goes LIVE. The chapter creates annual reports to CCI - National. Event participation is included in those reports. Event Surveys
Following events, we ’ ve been able to create a survey for our registrants, which is emailed to them. Thanks to everyone who responds. We so appreciate your comments. The Education Committee will review them and incorporate some of your excellent suggestions into future planning of events.
to any of your comments, please include your email or forward your enquiry to the Administrator ccisw@cci - sw.on.ca so that we can provide an appropriate response. Note:If you would like a response
CCI Review 2021/2022 —March 2022 - 4
If you have indicated your interest in membership, and where the survey does not gather your contact information, please view your options for membership here https://ccilondon.ca/ membership/join - cci - today. or reach out to the Administrator who will be happy to assist. Forms for 2022/2023 membership will be available once our budget has been approved for the year. Planning Ahead The CCI Education Committee continues to plan for the future. If you have a topic that you would have us cover either at an event or in an article, please email the Administrator with it. We appreciate all of your input. Thank you I am forever grateful to all the members of our CCI Board and so many of our members who make my job as the Administrator so enjoyable.
Celebrating 40 Years.
COMPLIMENTARY ACMO CM MAGAZINE
The Canadian Condominium Institute was established for Canada in November 1982 making this year its 40th Anniversary. The following was created to recognize this momentous occasion. Celebrations will be held at their upcoming events.
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. Please contact the CCI Administrator by email at firstname.lastname@example.org with any and all contact information changes. Allow 6 weeks for change to occur.
September 2022 marks our chapter ’ s 30th Anniversary. We tend to celebrate the occasion! We hope you will join us then.
Enjoy Spring! ■
Submissions to the Condo Insurance Consultation– Insurance, Condo & Building Acts
IMPORTANT READ and FOLLOW - UP
CCI - T has submitted comprehensive comments to the Ministry of Government and Consumer Service on behalf of all CCI chapters in response to the Ministry's request for written comments as part of the Ministry's consultation on condominium insurance issues. Increasingly, condominiums have been experiencing substantial increases in insurance premiums and deductibles, and some condominiums have been finding it difficult to secure insurance at reasonable rates, if at all.
It can be found on the CCI National Resource Centre here.
Or at the Source Website here .
CCI's written comments were submitted to the Ministry on January 31, 2022. A copy of our submission is accessible here .
CCI Review 2021/2022 —March 2022 - 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. ProfessionalMembers G3 Property Solutions 31-1615 North Routledge Park, London N6H 5N5 Tel: 519-601-9004 | Website: www.g3propertysolutions.ca Corey Sargeant, RCM, OLCM | Email: email@example.com
This group includes all those individuals who earn a portion or all of their income from providing professional services to the condo industry. i.e., . lawyers, accountants, engineers, condo managers, real estate agents or brokers, appraisers, insurance brokers, etc.
Business Partner Membership
Any corporation (other than one that would qualify for condo or professional membership), partnership, sole proprietorship, government agency, investment firm, lending institution, advertising company, or other business entity involved in the condo industry. Each business designates a "member representative" to cast their vote and receive information from CCI.
Read Jones Christoffersen Ltd 22 Frederick Street, Suite 1014, Kitchener N2H 6M6 Tel: 519-954-6392 | Website: www.rjc.ca Ryan Dougherty, B.A.Sc., P. Eng. | Email firstname.lastname@example.org
Builders Choice Air Systems Ltd. 492 Hill Street, London N6B 1E7
Condo Corporation Membership
Tel: 519-642-7000 Website: www.businesschoiceair.com Curtis Godick | Email: email@example.com
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.
Friesen Renovations Inc. 22608 Adelaide Road, Mount Brydges N0L 1W0 Tel: 519-319-6333 | Website: www.friesenrenovations.ca Jake Friesen | Email: firstname.lastname@example.org; email@example.com;
Wisecracks London 101-340 Sugarcreek Trail, London N6H 0G4 Tel: 226-234-3282 | Website: www.wisecracks.com Dan Vernooy, Owner | Email: firstname.lastname@example.org
Persons who have an interest in the condo community can become individual members. This group of members includes condo owners, authors, and professors.
MOVED: ParksidePropertyManagement Ltd. 117YorkStreet, London N6A1A8
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CAT vs Dog—What Conditions Can a Condo Impose on an Emotional Support Animal?
In 2021, the Condominium Authority Tribunal (“ CAT ”) heard and decided the case of Martis v. Peel Condominium Corporation No. 253 , 2021 ONCAT 110, which addressed the Condo Corporation ’ s attempt to restrict the weight of an emotional support dog on the property. The key takeaways from this case are as follows: 1. Policies and Rules are different. Rules are a prescriptive set of restrictions made to govern behavior. Policies provide a consistent and reliable framework to guide the Corporation ’ s conduct and conclusions in a decision - making process. A Corporation cannot bypass the statutory requirements set out in section 58 of the Condominium Act , 1998 (the “ Act ”) for enacting a rule by enacting a policy. Where a policy contains a restriction that is in essence a rule, such a policy is invalid and unenforceable; and 2. The CAT does have the jurisdiction to consider requests for accommodation under the Human Rights Code , 1990 (the “ Code ”). The purpose of the Code is to accommodate a person ’ s needs, not their preferences. Weight restrictions on emotional support animals (“ ESAs ”) may be imposed, within reason, particularly where other residents have a Code - related need to avoid dogs and there is not a demonstrated need for an ESA to be a certain size. Whether weight restrictions on ESAs and/or service animals are acceptable is dependent upon the circumstances of each case.
In this case, the Condo Corporation sought to restrict the weight of a resident ’ s ESA. The Corporation had a No Pets Rule in place since 1998. The only exception to this rule was for legacy dogs that were on the property prior to the rule. Prior to the passage of the No Pets Rule, dogs were permitted at the property if they weighed no more than 20 pounds. Hariette Martis was a unit owner, whose son resided with her at the Condo. The son, Mr. Martis, had a medical requirement for an ESA due to a disability, which was recognized under the Code . Mr. Martis sought an exemption from the Corporation from the No Pets Rule for his intended ESA, a young Labrador dog, which would weigh between 60 and 70 pounds when fully grown. Following Mr. Martis ’ inquiry regarding accommodation, the Corporation introduced a Service Animal Policy, which placed a weight restriction of 25 pounds on ESAs. The Corporation ultimately denied Mr. Martis ’ exemption request on the basis that the Labrador would weigh more than 25 pounds. Ms. Martis applied to the CAT for an order permitting her son to keep a larger dog. The CAT found that the Corporation could not use its existing No Pets Rule to impose a weight restriction on Mr. Martis ’ choice of an ESA because, similar to the Service Animal Policy, the “ exemption procedure ” was an improperly amended rule, and therefore invalid and unenforceable. While the Corporation could not use its existing No Pet Rule or Service Animal Policy to restrict the weight of an ESA,
Kate Schoffer is an associate lawyer with Cohen Highley LLP. She who practices in their administrative law group, focusing on condominiums, human rights, residential tenancies, property tax exemptions and regulatory compliance issues. Kate provides risk management and compliance advice to landlords, condominium corporations, property managers and unit owners. She works exclusively with housing providers and landlords with respect to all lease issues.
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→ the CAT concluded that the Corporation was entitled to impose reasonable conditions on an ESA as an accommodation under the Code . Despite the fact that the process by which the weight limit was chosen lacked transparency, the CAT found that the weight limit itself was not unreasonable in the circumstances for several reasons: 1. The restriction was consistent with the 20 - pound limit on dogs which the Corporation had previously used; 2. The restriction appeared to be a legitimate attempt to balance the needs of all of the residents. There was evidence before the adjudicator that some of the needs of the other residents were themselves Code - based; and 3. The unit owner did not produce any persuasive evidence that her son ’ s disability required an ESA that weighed more than 25 pounds. Human rights
case law makes it clear that the purpose of the Code is to accommodate a person ’ s needs, not their preferences. Accordingly, the CAT found that the Corporation had offered reasonable accommodation and dismissed Ms. Martis ’ application. The Corporation did not seek any costs from Ms. Martis. No costs were ordered. In reviewing the CAT ’ s decision, it is important to note that the Corporation presented evidence that the weight restriction imposed was consistent with its prior practice and that the Corporation was taking into consideration the Code - related needs of other residents. When appearing at the CAT, Condo Corporations should ensure that all relevant evidence is presented to the adjudicator and demonstrate all of the interests that the Corporation must consider. ■
National Volunteer Week—April 24 to 30, 2022
Organizations, communities and people benefit from the millions of volunteers who bring their hearts to the work they do. Through volunteering, people gain experience, improve their employment and educational options and have a greater sense of belonging and well - being. Volunteering also plays an important part toward building inclusive and diverse communities. Those who volunteer in condominium communities as directors provide value and strength to all who are shareholders. We thank them for their ongoing commitment to their responsibilities. To all of the volunteers who helped us through these tough times in so many ways and continue to do so, Thank You.
Thank you for all you do, for your kindness and empathy. We are all stronger by your commitment to help others!
CCI Review 2021/2022 —March 2022 - 8
Condominium Insurance: Does Your Condo Look Good to Insurers?
As a condominium director, owner or property manager, it is likely you have been dealing with an increase in insurance premiums of late. Ask any insurance professional and they will tell you that this market is the toughest they have seen. Residential and commercial property policies are seeing the biggest increases in this ‘ hard market ’. Condominiums across the country have experienced increases year over year in the 10 - 50% range, and some even as high as 300%. When the market has seen an increase in claims paid and a decrease in overall profit, insurance companies will set stricter requirements to obtain insurance, and premiums will be more expensive. As we see the frequency of claims rise due to water damage to property, slip & fall lawsuits and the greater incidence and intensity of severe weather events, insurance companies are required to tighten up their bottom line. They achieve this by increasing rates and reducing capacity. Insurance for condominium corporations has not been profitable for insurance companies for many years causing insurers to limit their exposure (underwriting fewer policies) and/or charge a much higher rate. This challenging time provides brokers with the opportunity to really show their condominium clients how to take control over their insurance program. By encouraging our clients to make an investment in a long - term plan to reduce their overall risk and put policies and procedures in place to mitigate future losses, our clients recognize the fact that they can take an active role throughout the process.
How can a Condominium Corporation make itself a better risk to the insurance companies? 1. Start the renewal process well in advance The process doesn ’ t start at the renewal date. Starting the renewal review well in advance of policy expiry allows your broker to assist with painting the best possible picture of how the Corporation is working to reduce the likelihood of future losses and make itself appear as a better risk to insurance companies. This can be done by implementing routine programs to check sump pumps, clean dryer vents & ducts, clean plumbing stacks, check/replace smoke detectors, etc. These items may not be the responsibility of the Corporation to maintain, but it is in the Corporation ’ s best interest to
Tricia Baratta (RIBO Ont) is an Account Executive — Commercial Insurance, Gallagher Canada. Her span of training has been extensive in condominiums, including administrative services, former condominium manager, restoration specialist and more. Tricia was first elected to the CCI Board in 2015. She was the co-chair of the Education Committee from 2017-2021. She has provided her expertise as an instructor both locally and provincially and has provided valuable contributions as a writer.
ensure they are all working properly to avoid a claim.
2. Improve the Corporation ’ s loss ratio The loss ratio is the amount an insurance company incurs in paid claims as a percentage of the premiums earned on a particular policy. Insurance companies want to know what claims have been made by the Corporation within the last 3 - 5 years. Corporations with more claims will have a higher loss ratio and will see an increase in premium as a result. In today ’ s market, making a claim for anything less than 2 - 3 times the deductible amount is not recommended. Insurance is meant to pay for major losses, not smaller or more frequent events. Although it is not ideal for the Corporation, it
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is wise to self - insure (paying for smaller losses out of pocket) whenever possible. 3. Increase deductible amounts Another way of limiting the number of claims made on a policy is to increase the deductible amounts. Having a higher deductible can bring premiums down and allow for smaller losses to fall below the deductible and therefore fewer to be paid out by the insurer. Some insurers are requiring deductibles be increased for this reason. 4. Review the standard unit by - law Removing those items from the standard unit by - law that are most often damaged and irreparable due to a water loss, including finishes such as flooring, kitchen cabinetry and countertops can assist in bringing property rates down. Corporations with a “ bare bones ” style standard unit by - law to one that includes only the unit shell should have a much lower rate for property insurance. The less the Corporation is responsible to repair in the event of an insured loss, the less the premium will be for that coverage, leaving the majority of the costs to fall on the unit owner ’ s insurer. 5. Get an updated insurance appraisal Your broker has likely recommended an appraisal be completed for the property every 3 to 5 years. The purpose of an appraisal is to be certain the property is insured to its full replacement cost value. Concerns about the costs associated with an appraisal are common, but the peace of mind in knowing the property is appropriately insured is invaluable. Should the building(s) be severely damaged or destroyed, the appraisal serves to resolve disagreement between the insurance company and the corporation as to what the total value of the property was prior to the loss. 6. Complete regular inspections of the property An inspection today will identify risks that may not have been visible at this time last year or even last season. Regular inspections assist your broker in making a case to the insurance company that the corporation ’ s risks are reduced and therefore premiums should be lowered. 7. Implement a claims procedure Does the corporation have a plan in place in the event of a loss? Is there a preferred disaster restoration company prepared to attend the property with knowledge of that particular
property? Any preparation done prior to a loss can improve response time and mitigate further damage. Speak to the Corporation ’ s broker about actual loss scenarios and how the Corporation would respond should those scenarios take place on your property. 8. Document updates within the units Even though certain components within the unit such as heating systems, electrical and plumbing are often not the Corporation ’ s responsibility to maintain, insurance companies have begun to look for proof of updates to these systems in older buildings (those reaching or past 40 years of age). Requesting details of this information from unit owners and keeping record of these updates will assist the Corporation when the time comes to provide it to the insurer. 9. Work with a broker you trust Market fluctuations are cyclical. There will be a time in the not so distant future when the current challenges we are facing will be lessened. But for now, with the increases in rates and the decline in insurance companies wanting to write condominium policies, it is in every Condominium Corporation ’ s best interest to leverage the knowledge and experience of their broker. A cheaper quote may be good for the Corporation ’ s budget numbers, but a quality broker will provide the support needed to better navigate through this difficult market and provide better results over time. ■
CCI Review 2021/2022 —March 2022 - 10
SCAM ALERT If you receive a text message from “ Service Ontario ” with a link to collect your license plate sticker refund—DON ’ T CLICK THE LINK. It ’ s a SCAM. @ServiceOntario doesn ’ t send refunds through text. The scams come fast and furiously —by phone, texts, emails and the list goes on. Scammers are relentless and unfortunately, too many fall for it. The reports of fraud, the number of victims and the amount lost are all mind boggling. Please visit the Canadian Anti - Fraud Centre (CAFC) here to see what scams are out there; how to protect yourself, how to report frauds and what to do if you ’ re a victim.
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 email@example.com 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 the 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 Communiqués. Hopefully not, but if so, simply email us to let us know. We urge Condominium Corporations to update the Administrator every time there is a change on the Board of Directors. Use this Membership Change form .
The fact that CAFC estimates that only 5% of fraud cases are reported makes it even more alarming. For example, as of January 31, 2022, there have been
5,569 reports (106,306 in 2021); 3,634 victims (67,533 in 2021); and $34 million lost to fraud ($380 M in 2021). We must all be more than vigilant in protecting ourselves and in reporting. We see and hear cautions in every manner possible and everyone needs to be reminded on the many ways they can be scammed or defrauded. Don ’ t be a VICTIM! Remember, if it seems too good to be true, it is! If you receive a text message offering you a refund for licence plate sticker fees – IT'S A SCAM!
Coffee News– Winners to date!
Congratulations to our Winners! Stephanie Anne Connor Naujokaitis
How to enter: Watch for this CCI Ad in the weekly publication Coffee News. Check us out on social media to enter to win 1 of 6 monthly $20.00 Gift Cards for your preferred coffee. It ’ s easy! Simply like, share or comment “ Coffee ” to be entered into the draw.
CCI Review 2021/2022 —March 2022 - 11
Reasonableness Regardless of the Route
As you may have read in our last edition of the CCI Review , on January 1, 2022, amendments to Section 117 the Condominium Act, 1998 (the “ Act ”) came into effect regarding nuisance and nuisance related disputes. Previously, Section 117 simply prohibited activities or conditions which were “ likely to damage the property or cause injury to an individual, ” but the amendments clarify and add to this very important section. It now prohibits conditions and activities in units, common elements, or assets of a corporation that are “ likely to damage the property or the assets or to cause an injury or an illness to an individual. ” Prohibited activities under this section include “ any unreasonable noise that is a nuisance, annoyance or disruption ” and any other “ prescribed nuisance, annoyance or disruption ” (currently being odour, smoke, vapour, light, and vibration). As you may have also heard, January 1, 2022 brought corresponding changes to the Condominium Authority Tribunal (the “ CAT ”) as its jurisdiction has been expanded to include disputes regarding nuisance, annoyance, and disruption as described in Section 117 of the Act . This is in addition to disputes related to records, pets, parking and storage. Notably, the CAT ’ s jurisdiction does NOT cover “ dangerous activities ” listed under Section 117(1) of the Act , which will still need to be addressed at the Ontario Superior Court of Justice. There is much uncertainty surrounding these changes and it will be some time before we have a good understanding of how the CAT will deal with concerns related to witness credibility, the involvement of experts, and increasing legal costs for example. It will also be some time before we will know how the Courts will address those cases where a party is claiming that a dangerous activity is taking place, potentially to avoid the CAT, but at the heart of the matter are issues related to a lesser nuisance, annoyance or disruption. In the meantime, it is critical for all Boards of Directors, owners, residents, and condominium managers to remember that when a dispute arises, reasonableness will always win the day. We were reminded of this in two recent decisions from CAT and the Ontario Superior Court of Justice. In the CAT case of Halton Standard Condominium Corporation 490 v. Paikin, 2021 ONCAT 95 (CanLII), Ms. Paikin, who lives on the second floor of the condominium building, allowed her dog to urinate and defecate on her balcony. Dog excrement would fall and urine would drip onto the patio area below on a regular and frequent basis. A strong odor of waste also emanated from the balcony above. Of importance here is that the Corporation and condominium manager appeared not to have attempted to resolve the issue directly with Ms. Paikin in any substantive manner but, instead, escalated the matter directly to their lawyer. Their lawyer advised Ms. Paikin that this was unacceptable and warned her that if it continued, the dog could be deemed to be a nuisance and the board could order the dog to be removed. The owner did not resolve the situation and, as such, the Board declared the dog to be a nuisance and Ms. Paikin was given two weeks to remove the dog. Ms. Paikin retained a lawyer who advised that the situation had been resolved and that the dog was no longer urinating or defecating on the balcony. Unfortunately, this was not accurate. Upon the Corporation commencing a CAT Application and the matter proceeding to a written hearing, the CAT concluded that this was unacceptable and had to
Kristi Sargeant-Kerr, LL.B. specializes in all aspects of condominium and real estate law, including development, management and litigation at Scott Petrie LLP. She has been involved in mediation and arbitration at numerous administrative Boards and Tribunals. Kristi has been appointed to the Advisory Committee of the Condominium Management Regulatory Authority of Ontario (CMRAO) . She is an active member of the CCI London and Area Chapter since 2017 and currently serves as Secretary. Kristi shares her expertise in publications and education events as a writer, presenter and instructor.
CCI Review 2021/2022 —March 2022 - 12
be remedied and ruled that the Board ’ s decision to deem the animal a nuisance was reasonable and the Board was entitled to order the dog to be removed.
down, hear each other, and realize that the only win - win is peace. ” He also questioned why cases such as this one kept happening and why
condominium corporations keep coming to court with “ she said/ she said ” neighbour disputes instead of going to mediation and arbitration as intended by the Act and which should be a quicker, cheaper and more conciliatory way to resolve these
In its decision, however, the CAT stated that it was unfortunate that the Corporation had not first attempted to better understand the situation and to explore solutions other than the
...the only win - win is peace.
removal of the dog. The CAT also concluded that the Corporation should have first considered whether there may have been other ways to resolve the issue with Ms. Paikin without escalating the matter to the point of having the dog removed. For this reason, prior to removing the dog, the CAT ordered the corporation to first consider communicating with Ms. Paikin to try to better understand her situation, clarify some of the related issues and avoid escalation of conflict. The second case that speaks to the necessity of all parties to be reasonable is Metropolitan Toronto Condominium Corporation No. 1171 v. Rebeiro, 2022 ONSC 503 (CanLII). The heart of this matter was a neighbours ’ dispute which involved competing allegations between two residents and each was alleged to abuse the other with name calling, banging on a common wall, and other forms of harassment. The condominium corporation sided with one of the residents and ordered the other out or at least ordered them to comply with the condominium ’ s rules. After being presented with evidence which was, in Justice Myers ’ opinion, lacking credibility, he candidly held that the matter should have never happened and stayed it pending mediation and arbitration. In doing so, he quoted Justice Dunphy who discussed condominium neighbours ’ disputes in TSCC 2204 v. Panagiotou, 2021 ONSC 8199 (CanLII):
kinds of disputes. Going forward, regardless of the expansion of the CAT and the Court ’ s jurisdiction to continue hearing matters involving dangerous activities, all parties involved in condominium disputes need to ensure steps are being taken by all sides to try and resolve the dispute in as reasonable a manner as possible. This may mean sitting the parties down in an informal setting with a neutral third party, retaining a mediator or attempting more creative solutions that assist in compelling the parties to pause and work towards a resolution. As such matters are often complex and involve competing evidence and issues surrounding credibility, the assistance of legal counsel specializing in condominium disputes may still be helpful. Our office is always open to working with condominium communities to help navigate such difficult and often emotionally charged issues and find the most efficient and appropriate way forward for all involved. ■
This fiasco has gone on long enough. The root of the problem is the ill - advised decision to escalate this dispute to an “ on the meter ” legal level with an ever - increasing conveyer belt of demands for legal fees instead of deescalating it through mediation as the Legislature plainly intended to occur.
Justice Myers further held that the matter was simple to fix. Rather than being found in an expensive, drawn - out court proceeding, “ the fix is in making the parties sit
CCI Review 2021/2022 —March 2022 - 13
Since we were last together, in the pages of this publication, we have been inspired and shared amazing expertise from our presenters.
THANK YOU TO OUR 2021/2022 ANNUAL SPONSORS
Human Rights, Diversity and Inclusion: Acceptance Empowers! November 30th, 2021
There isn ’ t a day that goes by that we don ’ t hear or read of concerns relating to human rights, lack of diversity or where some part of society has been ignored and discriminated against, each of them creating a negative image and creating adverse environments in the workplace, community or industry. We encourage everyone to visit these organizations ’ websites to see how London provides community support and advance the positive changes we need to create a strong and inclusive community. We can all learn something valuable from each of our experienced presenters to help us do our part better in implementing support and positive change to include ALL of our neighbours. Kinga Koltun, Supervisor of Policy and Strategic Issues with the City of London shared how Londoners will have access to the supports they need, here is a link to the City of London ’ s Strategic Plan—their vision, mission and values. For more, visit here . As well, Kinga shared the City of London ’ s implementation of the Community Diversity and Inclusion (CDIS) which was launched in May 2019 and how you might help in any one of the working groups. Kristin Ley, Partner with Cohen Highley LLP practices in the area of Administrative Law with a focus on Human Rights and Residential Tenancies and handles regulatory matters involving municipal by - laws, the Fire Code and Building Code. Huda A. Hussein, Coordinator for the London and Middlesex Local Immigration Partnership (LMLIP) David Hill, New Vision Advocates and member of the Board of Community Living London and the Board of Community Living Ontario, is a strong advocate for people with developmental disabilities. Real life stories work to build a voice and presence in the community for those who should have the same rights as everyone else and the importance of inclusion regardless of their abilities deserve to be treated with dignity and respect. It is about making change. For more on the New Vision Advocates, refer to their Resource Guide here. It is so relevant for us to recognize the awesome backgrounds and participation our presenters assume in our community and the importance of the messages they shared with us to adopt.
CCI Review 2021/2022 —March 2022 - 14
Condominium Authority Tribunal (CAT) - Let ’ s Talk About Cases January 25th, 2022 There is so much to learn from the very process, resources and cases that appear at the CAT., a fully online Tribunal that deals exclusively with disputes between condominium corporations and unit owners. We thank Laura Gurr, J.D. of Cohen Highley LLP and Kristi Sargeant - Kerr, LL.B. of Scott Petrie LLP for organizing and preparing the coverage on so much territory in such a short period of time. Every case that appears before the tribunal is a learning experience for owners, boards and managers. It is recommended that owners review the CAT process and Rules of Practice before proceeding. Timelines of the stages are important to follow as well as costs of CAT proceedings. Note: the CAT has developed a Practice Direction to provide additional clarity on the criteria the CAT might consider when deciding whether costs be awarded. On January 1, 2022, the CAT expanded again with the amendment of Section 117(2) of the Condominium Act and amendments to O.Reg. 179/19. Further learning can be done on the CAT by reviewing cases that appear on social media, aptly called Legal Mondays. ■
THANK YOU TO OUR 2021/2022 ANNUAL SPONSORS
Safety NEVER Takes a Holiday! February 15th, 2022
According to the London Fire Department “ unattended or distracted cooking is the #1 cause of home fires in London, in Ontario and all of Canada? Thanks so much to S ean Eglinton who organized the event and to Chris Rennie, Fire Prevention Inspector/Investigator with the City of London Fire Department, who shared his expertise of many years on the job. Chris took us through finer points of high - rise fire safety where boards and staff should be performing specific duties and sharing with occupants in the building and specifics of the law required in homes by owners for townhome safety. Everyone can and should learn from the safety issues that are highlighted on social media by the London Fire Department and the London Professional Fire Fighters Association—Ontario Canada. It takes only a second for a disaster to occur. Every home and occupant should have and be familiar with an evacuation plan in the event of a fire. Safety does not take holidays, nor should we on this important topic. ■
CCI Review 2021/2022 —March 2022 - 15
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 March 30, 2022 5:00 – 6:00 PM Board Member Wellness: Managing Stress, Change and Burnout May 27 & 28, 2022 — Virtual Spring Leaders ’ Forum & Conference For upcoming events across the Nation, visit the CCI - National website https://cci.ca/
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.
Ontario Extends Virtual Meetings and Electronic Voting unit September 30, 2022
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.
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