CCI-London and Area's fourth digital newsletter of the 2020/2021 year.
2020/2021-4
CCI Review Quarterly Condominium Newsletter
June 2021
Inside this issue
A Thank You ............................ .....2
Good New Story Replay ……………...4
Recognizing Members …..…………….5
Upcoming Events …..….………………..5
Chapter Communique ……..……...6 - 7
President ’ s Message For more than a year, we have been plunged into a new reality. I wouldn't categorize the change as easy, but I ’ m so proud of how we ’ ve all adapted, given the resources made available early on and constant changes since then. We aren ’ t quite where we need to be just yet, so we must continue in our current status to accommodate the needs and responsibilities of our corporations and the safety of all. It is going to take every single one of us to stop the spread of this virus and its variants. It's not yet time to ease up on precautions, we need to keep our families and our communities safe. There are lingering questions about the long - term health effects of the virus, the impact on livelihoods, as well as the psychological, social and economic effects in our population. Vigilance, guidelines from the public health units, and "shots in the arm" will hopefully take us to that finish line. Please review updated information on both sites listed below. If you are not yet vaccinated, you can visit the Middlesex London Health Unit for vaccine eligibility updates here. And for pharmacy vaccine locations closest to you, check here Something to keep in mind though, not everyone has confronted COVID - 19 in the same way. While you may have completed your vaccination process, there
Upcoming National Events ...... …..8
Events Recap ........................... …..9
Rising Costs in Insurance Premiums and Deductibles ………….………10 - 12 Items to Share with the Community …………………..……..13 - 14
A Journey with a Future. ………15 - 18
The Condominium Manager Hiring Process …………………………..…...19 - 23 Property Management vs Condominium Management..24 - 25 Boards, Managers, Owners, Landlords & Tenants …………….26 - 28 Q&A: AGMs One Year Into the Pandemic …………………………....29 - 30
Staying In Touch ……………………….31
Condominium Education ......... ...31
Advertisers .............................. …32
Social Media Connection …………..32
Next Newsletter Deadline
August 1
CCI Review 2020/2021 —June 2021 - 1
We are so grateful to all the writers in this edition of our CCI Review. We hope the information herein is helpful to you and your community.
London & Area Chapter Board of Directors 2020/2021
You are always welcome to inspire us with any topic you have an interest in as it pertains to challenges that may arise in your community. Not a writer – no problem. We can locate an expert to respond to your challenge. Feel free to share 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
President Stefan Nespoli, B.A.Sc.,P. Eng
Past President Chris DiPietro, R.I.B. (Ont)
Vice President Jennifer Dickenson, BSc(Hons), RCM
Treasurer Michael Watson, CPA, CA, LPA
Secretary Kristi Sargeant-Kerr, LL.B.
Directors Jeffrey Bell, BA (Hons), B.Ed., LL.B. Tony DiPietro Séan Eglinton, ACCI Laura Gurr, J.D. Victoria Phillips, RCM Tricia Baratta, R.I.B. (Ont) Lisa Skirten, CIM
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;
Administrator Trish Kaplan, CCI (Hon’s)
National Representative Tony DiPietro
• Articles must be copied in their entirety.
Editor Trish Kaplan, CCI (Hon’s)
Newsletter Deadlines
Layout Design Jennifer Dickenson, BSc(Hons), RCM
The newsletter is quarterly. The issues are available online only; however, it would be a tremendous help if the contact person from member corporations would ensure that our Administrator is provided an updated Board of Directors ’ listing, along with their mailing particulars, whenever there is a change and certainly prior to each mailing—no later than the first day of August, November, March, and May (subject to change). Please email or write the Administrator with this information. You can cc your manager to let them know that you have carried out the task. Managers will be grateful for your assist. Please email/ write the Administrator with this information here. As well, if the contact person has changed on your Board do email the Administrator — 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 Condo- minium MANAGER (CM) magazine. The chapter provides the labels, addressed to the contact person, to a mailing service approximately 6 weeks prior to each mailing and they are responsible for the bulk mailings of the magazine to the members. We do not provide ACMO with our mailing lists.
Mailing Address London & Area Chapter P.O. Box 51022 1593 Adelaide Street N. London, ON N5X 4P9 Tel: 519-453-0672 Email: ccisw@cci-sw.on.ca Website:www.ccilondon.ca
CCI Review 2020/2021 —June 2021 - 2
...Continued from page 1 “ President ’ s Message ”
remains unchartered territory. For example, who within your circle of friends and family have followed your steps to this point? Cautious attention should continue for safety ’ s sake. We must be grateful for the amazing people who have accomplished so much to keep us going forward. Professionals and businesses have worked tirelessly by their counsel to duty and services to maintenance to assist with risk management. Many of them have incurred significant costs to provide safety while they carry out their duties. We thank them for their commitment. Boards and managers have continued to carry out the responsibilities safely even with these ever changing directives. We applaud those who have been so creative and even fearless as they tried new things and succeeded at doing so in such a positive manner. Leadership and education among CCI chapters and CCI - National have been very effective. We sincerely thank all of our CCI colleagues for the expertise and we thank the chapters for sharing resources that affect us all in the province. Praise is also due to all the condominium directors who took the time to Zoom - in to participate in the learning experiences that contribute so much to their communities. Volunteers are the backbone of our community in so many ways. They continue to be a valuable resource to all of us who have embraced the condominium lifestyle and benefit from their continued dedication. At this time of the year, the projects that many of us have had on our drawing boards since last year will get started. In normal times, weather might have been the only challenge in proceeding. This year we ’ ve additional complications to conquer over these next months, including a pandemic, contractor schedules and availability and cost of supplies. We wish you all, success, perseverance and
kindness. We are confident everyone will be doing their very best toward the successful completions of all projects. As we approach the end of CCI's membership year at June 30th, we will continue to be guided by science and data to keep you safe. We have had positive feedback from the community. Education and growth in our communities continue to be a priority and we hope you will all continue your support to the chapter and to the volunteers who put so much time and effort. We can be very grateful for their initiatives and guidance. Our Administrator will be sending out membership renewals and we hope you will return to our roster in the upcoming 2021/2022 session. Undoubtedly, we all want to return to some kind of normal. That in itself may likely create some anxiety for some. The long isolation has created a major effect on our lives. For some that may take time to resolve. We can all resolve to assist others in making that transition back which will also help strengthen the community. We welcome your comments and suggestions for future articles and/or presentations. Please feel free to email our Administrator. On behalf of the entire CCI Board of Directors, we wish you a very healthy and safe summer.
Stefan Nespoli, President
CCI Review 2020/2021 —June 2021 - 3
In Case You Missed It—A Good News Story Replay!
In the President ’ s Message of the last edition of the CCI Review, President Stefan Nespoli congratulated the Board and Owners at Middlesex Condominium Corporation No. 97 for receiving the award for Major Restoration Project at the 14 th annual London Heritage Awards on February 17 th . The award is administered by the Architectural Conservancy Ontario – London Region and the Heritage London Foundation and is given out in recognition of outstanding leadership excellence in heritage conservation. The award recognized their beautiful refurbished balconies including the original acorn finials. This area is an integral part of London ’ s downtown history, and serves as a major landmark. Stefan neglected to mention that the work was performed by Edison Engineers Inc. and Brick & Co. Restoration, so we take this opportunity to acknowledge and congratulate both companies for the work carried out so beautifully. If you are out and about and want to see the transformation first hand, it ’ s at the corner of Queens Avenue and Wellington Street. Otherwise, visit the London Heritage Awards website for photos of this and other restoration project award winners in heritage conservation across the London region, as well as the video of the presentations. They are well worth viewing in our beautiful city: The award was presented by Architectural Conservancy Ontario – London Region and Heritage London Foundation, this being the 14 th annual London Heritage Awards. Congratulations to all! Share Your Ideas – You Don ’ t Have to be a Writer! Education in any form brings clarity. We do our best to share information to address issues you may be experiencing in your community, some that will help guide you towards a strategy and resolution. You may also like to share how you resolved an issue. Best case practises and tips can be helpful to the community - at - large. Your issues, resolutions and community success stories are of interest to the wider community.
Your issues, resolutions and community success stories are
Please email the Administrator at ccisw@cci - sw.on.ca to be a contributor by your information to build on strengthening the community.
Also remember that legalities of every issue are important to consider early in any process. Don ’ t let discussions with legal counsel be set aside because of cost. Early consultation with one who is familiar with condominium law, has been found to be much more cost effective. Many of our member condominium legal counsels have experience and know - how to action issues related in any way to your corporation that may have legal ramifications. It is best to involve them in the early stage of what might be a contentious issue or as they relate to governing the corporation or business. At any time, we would like your comments, suggestions for articles or presentations. They will be shared with the appropriate committee member of the Board of Directors. of interest to the wider community.
CCI Review 2020/2021 —June 2021 - 4
Recognizing our long - time members
UPCOMING LOCAL EVENTS
Recently, we have started recognizing our long - time members on our social media accounts. Watch every Tuesday for our “ Hat - Tip Tuesdays ” and see both Condominium Corporations and Professionals be recognized! Some
We are excited to share the topics of the next events with you. As we finalize our speakers we will post on our website. If you and your company would like to participate in sponsoring our event – which will be conducted by Zoom, please feel free to contact the Administrator at ccisw@cci-sw.on.ca.
have been with us since the beginning of our chapter!! Click here for: Facebook , Instagram and LinkedIn .
MCC 118 152 Albert Street, London
June 21 st (in person) 10 th Annual CCI Golf Tournament (see Page 20 for more information)
MCC 119 323 - 363 Colborne St, London
MCC 122 163 Pine Valley Drive, London
CCI Review 2020/2021 —June 2021 - 5
Chapter Communiqué By: Trish Kaplan, CCI (Hons)
Earlier sunrises, blooming spring flowers, flowering pear trees and magnolias, more brilliant shades of grass growth, and sprouting perennials in our gardens all signal the coming of Spring. Landscape crews have been hard at work over the past month or so, assessing winter damage to the landscape and cleaning up after those long months to get the properties ready to enjoy in the later stages of spring and summer. Let every sign of spring lift your spirits, energize you and uplift us during these still challenging times. They aren ’ t specific to condominiums; however, I came across these spring quotes, certainly appropriate for the time. It is hoped we all look to the magic that spring can be and more importantly, embrace the wonders even during these precarious period. Spring adds to life and new joy to all that is. ” (Jessica Harrelson) “ Happiness held is the seed; happiness shared is the flower. ” (John Harrigan) Take Heart “ Am I going crazy? ” is a popular question of late. According to Gerald Goodman, PhD, an emeritus professor of psychology at UCLA, “ Believing that you are going crazy is a good clue that you are sane ” (that eases my mind). Days revolve much like a rolodex (some of you may remember those), almost too fast to keep up. We all have much on our plates, doing the best we can to juggle them all and keep healthy. None of us are exempt. The importance of being kind to yourself, as well as to others, has never been more necessary. “ No act of kindness, no matter how small, is ever wasted. “ (Aesop) Annual Membership Renewals We are in the process of sending out our Annual Membership renewals. Everyone is very busy and so we have strived to make the process as simple as possible by completing the forms with the information we have on file; therefore, requiring an edit on your part to be returned to the Administrator. You can let me know via a simple email that no edits are required. We very much appreciate your continued support. For Condominium Corporation Members Whether the corporation is managed by the board or by a manager and/or management company, we value the time you provide to update our records so that you can benefit from all that we provide to our members. Where the corporation is managed by the board, the contact person on file receives the membership package, including an invoice, the completed form to edit, and the current listing on record of the Board of Directors which will need to be updated. Where the corporation is managed by a manager and/or management company, the package will be forwarded to them for processing on behalf of the corporation. For Individual, Professional and Business Partner Members The membership package sent to our current Professional and Business Partner members included an invoice and a completed form with information on file to edit and return so that we may provide the membership with proper contact information in our Professional Service and Trades Directory. Who should recognize the benefits of membership in CCI? Goods and services in the condominium community are much like what you would need in a city. The list can be quite endless. We look forward to your continued support. CCI will continue to provide education
CCI Review 2020/2021 —June 2021 - 6
and membership listings for those who provide goods and services, especially as spring and summer leads us through all of our maintenance projects. There are over 925 condominium corporations in the City of London alone and that number is growing quickly. Areas in and around London are also developing condominiums quite rapidly. We can all help to grow the CCI Professional and Business Partner Membership listing to attend to the needs of our communities. What services might they include? Here are a few of them.
accounting
heating and cooling heating and cooling human resources
• • • • • • • • • • • • • • • • •
• • • • • • • • • • • • • • • • •
administrative
appraisal
asphalt repair & maintenance
insurance
banks
landscaping
bookkeeping
law
brick and mortar companies
nurseries (trees and planting) occupational safety and health
communications
concrete
painting plumbing
condominium management
developers
pools
doors and windows emergency services
real estate
repairs
engineer
roofing companies
facilities management
security
foundation repair & waterproofing
wildlife rescue
glass and mirrors
And so many more
Who Can Change the World? “ The Value of One, The Power of Many ” was the theme for National Volunteer Week, an annual event, this year celebrated during the week of April 18 - 24, 2021. The pandemic upheaval touched everyone. Organizations who provide so much to the community in so many avenues had to pivot time and again, as so many businesses did to meet the needs of the community - at - large. We thank all of those who rose to the challenges to assist in whatever capacity that guidelines allowed. To Condominium Directors who work hard and share so much of their time to make condominium communities stronger on behalf of all owners and residents who enjoy them. We appreciate each and every one. To all the Professionals and Business Partners, thank you for generosity and service in our communities. To the Directors of the CCI Boards across the nation, thanks so much for all you do on behalf of all those who benefit so immensely by your leadership, time, expertise, and your financial contributions to raise the level of support to our communities. To all who reach out to touch others in need, we thank you for your kindness and support.
Helping hands of our volunteers everywhere are significant to
the quality of all of our lives.
Thank you
From all of us on the CCI Board of Directors, have a great summer!
CCI Review 2020/2021 —June 2021 - 7
CCI Publications Are Digital
UPCOMING NATIONAL EVENTS
The original plan was to gradually go digital with our publications, primarily due to increased costs of production and distribution. This was intensified by our commitment to doing whatever possible to keep our communities safe. The publications are now provided to you digitally on our website. Overall, the advantages were positive, as has been the feedback. We have 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 The feedback for this digital publication has been positive. We hope you will continue to share the publications with colleagues and other owners in your condominium corporation. The expertise of our professional and business partner members continues to be most constructive and we are most grateful for their support and advice they share with us. We also thank our members for their generous support by advertising. We invite and thank all of our professional and business partner members who have or wish to share and submit industry - related articles for our publications.
Upcoming CCI-N webinars may be of
interest to you. You might want to put them on your calendars and check the website https://cci.ca/ events/upcoming-national -webinars for updates. June 9 th (Seminar) 4 pm — 5:30pm Managing Owner Expectations -Zoom October 13 th (Seminar) 4 pm — 5:30pm Subject TBD -Zoom Also, the CCI-N website for more upcoming events presented by other provincial chapters. In some cases, you will find our own members presenting their expertise. To find these and other chapters across Canada visit here. You can find out more about upcoming National and Regional Chapter seminars, educational courses, and networking events here
Please contact the Administrator to discuss at ccisw@cci - sw.on.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 with your communities. The directory is available online here . Listings will be updated as memberships and changes are received.
Advertising Opportunities
If you are a professional or business partner in our chapter and would like to participate in supporting our publications or events, please contact the Administrator by email at ccisw@cci - sw.on.ca for information or visit our website CCI ’ s Social Media is seen by hundreds of Board Members, owners and professionals each post. As a member, your sponsorship of events or articles you write for our newsletter are shared with all members and those in the wider audience following us online.
CCI Review 2020/2021 —June 2021 - 8
EVENTS RECAP
Kristi Sargeant - Kerr of Scott Petrie LLP Law Firm and Laura Gurr of Cohen Highley LLP Lawyers presented a much anticipated Stages of Action on The Expansion of the Condominium Authority Tribunal (CAT), a fully online tribunal that deals exclusively with disputes between condominium corporations and unit owners. As of October 1, 2020, CAT currently accepting applications involving Condominium Records, Pets and Animals, Vehicles, Parking and Storage and Settlement Agreements. The CAT can also rule about chargebacks related to these issues. The importance of the CAT rules, policies and guides are important before you start a proceeding. Enforcement routes to consider your options and facts are very important.
The seminar “ There Are No Stupid Questions! ” never disappoints! As always, we are thrilled by the legal experts who so graciously join us to present on issues that most of us can recognize as “ Ah - ha Moments ”. We weren ’ t disappointed to be reminded of them because while some issues might fade into a background for a time, they can rear again and to be reminded is so valuable in the work we all do in our communities. Thanks so much to stars of our event. The topics they covered in their presentations brought so much information to our attention. Michael Connell, Siskinds LLP Legal Authorities for corporations/ managers to deal with anti - social behaviour of owners Chris Jaglowitz, Common Ground Condo Law Virtual AGMs and Proxies Barry R. Scott, Scott Petrie LLP Fixing Major Problems: Amendments to Declarations and Plans; and Amalgamations Michelle Kelly, Robson Carpenter LLP Policies in Condominiums: What are policies? Are they enforceable? How are they enforced? Stephanie L. Sutherland, Cohen Highley LLP New Jurisdictions of the Condominium Authority Tribunal (CAT) We are grateful to Jeffrey Bell for organizing the event, to Kristi Sargeant - Kerr who monitored the chat section and to Scott Petrie LLP Law Firm for sponsoring the event. The participants were ready with their questions, intelligent and thorough. We thank them for their presence and participation and for their feedback following the event. It is always helpful to us for planning future articles and events.
Online Resources – Issues and solutions, guided steps to common issues
Costs of enforcement, including indemnity provisions, alternative dispute resolution provisions and the corporation ’ s governing documents are critically important. Now may be the time to review of your governing documents and their indemnification provisions at a Board level, with your condominium manager and your corporation lawyer. To search for CAT decisions and orders, visit their website here: We are always grateful for the generosity of our sponsors and so we thank Thorne Property Management Ltd. and Dickenson Condo Management for their dedication to education in our community.
CCI Review 2020/2021 —June 2021 - 9
Rising Costs in Insurance Premiums and Deductibles By: Kate Letchford
How can a condo corporation mitigate the rising costs of condo insurance? Condo corporations are facing rising costs of insurance premiums and deductibles. There is concern in the industry that this trend is
establishing a standard unit definition. This means that the condo corporation must maintain some insurance. To address the inflated costs of insurance, some condo corporations are engaging in self - insurance. Another strategy is shifting the costs of repairing property damage to individual unit owners by implementing by - laws and selecting insurance policies with a higher deductible but lower premium. These strategies come with risks that the condo corporation must consider before putting them into effect. Ultimately, it is the condo owners that bear the rising cost of insurance, whether it is borne by the unit owners collectively (through common expenses) or, shifted to individual unit owners. Self - insurance or the Lack of Insurance Self - insurance is a risk management strategy that sees a condo corporation manage its own risk up to a set dollar value, rather than relying upon an insurance policy. For example, if the condo corporation chooses a very high insurance deductible, then the corporation will have to rely on its own funds to remediate damages incurred as a result of an insurable event below that deductible. In the industry, it is becoming more common to see deductibles of $50,000 or $100,000 per event. In effect, the corporation is making
Kate Letchford, JD is a lawyer with Cohen Highley LLP in London. Cohen Highley LLP has offices in London, Kitchener, Chatham, Sarnia, Stratford and Strathroy. Kate provides risk management and regulatory compliance advice to condominium corporations, unit owners, and property management companies.
here to stay and the price of insurance will continue to
rise. CCI London and Area Chapter recently held a two - part seminar discussing insurance issues in the condo industry, discussing how to combat increasing premiums and the legal requirements to have insurance, as outlined in the corporation ’ s governing documents. We continue to have numerous questions and concerns about condo insurance obligations. For those who were not able to attend, we wanted to address some of the issues discussed. As a starting point, it is important to remember that Section 99 of Ontario ’ s Condominium Act, 1998 (the “ Act ”) requires condo corporations to maintain property insurance to cover damage the units and common elements resulting from major perils. Section 102 of the Act requires condo corporations to maintain liability insurance and Section 39 of the Act sets out the requirements to obtain directors and officers insurance, where that insurance is reasonably available. Each condo corporation ’ s declaration and by - laws may set out additional obligations to obtain and maintain insurance and the scope of that insurance by
CCI Review 2020/2021 —June 2021 - 10
the decision to self - insure any losses up to that threshold. In this article, by self - insurance, I am not speaking about circumstances where the condo corporation does not have any insurance policy in place. It is the author ’ s opinion that, where insurance is available, the condo corporation must meet its obligations under sections 39, 99 and 102 of the Act as well as the condo corporation ’ s declaration. If a condo corporation is unable to obtain or maintain that minimum level of insurance (i.e. insurance is terminated or not readily available), the board of directors must immediately notify unit owners through an information certificate update (ICU). If a condo corporation finds itself unable to obtain any insurance, the board should contact a condo lawyer to develop a plan for navigating this precarious situation.
Self - insurance and High Insurance Deductibles
There are benefits to choosing a self - insurance strategy, particularly in a hard insurance market where premiums are increasing dramatically. Many condo corporations are opting for insurance policies with a higher deductible to keep premiums lower. This reduces the corporation ’ s expenses and, where comprehensive insurance deductible by - laws are in place, the condo corporation can expand and clarify the circumstances where a unit owner must pay the deductible. Although some boards may voluntarily choose a higher deductible, some condo corporations have found themselves unable to obtain any insurance without agreeing to very high insurance deductibles. Ultimately, a variety of circumstances may force the corporation to rely on self - insurance for claims below a threshold (being the lessor of the cost of repair or the insurance deductible). While there are benefits to self - insurance, there are also risks that condo corporations must consider, including: 1. The condo corporation may underestimate its exposure to risk and in turn, may not set aside sufficient funds to cover property damage and/or damages arising from liability. For example, a condo may see several insurable losses within a year and if the deductible is $50,000 or $100,000, this may place a significant burden on the condo corporation; 2. If the corporation is liable for the costs and has not set aside sufficient funds, the corporation will have to make unanticipated expenditures from the operating or reserve fund, borrow funds or levy a special assessment against unit owners; and 3. If the corporation has an insurance deductible by - law, the unit owner may be responsible for the cost of the insurance deductible or the cost to repair the damage, whichever is lesser. This provides protection
CCI Review 2020/2021 —June 2021 - 11
for the corporation for these costs, but the owners may be unaware of this risk exposure and may not have appropriate insurance in place. If the owner ’ s insurance policy does not cover these costs, the owners may face a significant unanticipated financial burden. Owners may also dispute significant chargebacks, leading to litigation, particularly where the unit owner did not cause the damage by any act or omission; Shifting responsibility to individual unit owners Given the factors already discussed, many condo corporations are implementing strategies aimed at shifting the cost of property damage to individual unit owners. Three strategies are often used to shift responsibilities to unit owners: (1) adopting a standard unit by - law; (2) adopting a deductible by - law; and (3) selecting an insurance policy with a high deductible but low premium. We have already discussed choosing a higher deductible, and the risks of that option. The other two strategies include: Standard unit by - law: Under the Act, a condo corporation is obligated to insure the components of a standard unit, while the unit owners are responsible to insure betterments and improvements. The Act allows condo corporations to enact a standard unit by - law that define the “ standard unit ”. The standard unit definition can be used to significantly reduce the components of a unit that the corporation must insure (i.e. exclude flooring or countertops). Deductible by - law: Under the Act, an insurance deductible can be charged back to a unit owner, but only if the damage was caused by the unit owner ’ s act or omission and only for damage to that owner ’ s unit. However, the Act allows condo corporations to enact by - laws that make unit owners responsible to pay the lesser of the cost of repair and the deductible when the damage is from their unit,
whether or not there was any act or omission. This can extend to damage to other units and the common elements. Adopting the above by - laws can result in the corporation making fewer and less expensive claims. Even where there is a claim, these by - laws can also reduce the corporation ’ s out of pocket expenses to repair damage occurring as a result of an insurable event. How to move forward These three strategies can be part of an effective way to mitigate the rising cost of condo insurance. While this may be beneficial for the corporation ’ s bottom line, the strategies often mitigate the costs to the corporation by transferring the costs to individual unit owners. This can seem “ unfair ” to owners in situations where a unit owner is responsible to pay for damage that was not caused by any act or omission of the unit owner. All unit owners face the risk of being the unlucky unit that experiences damage from an insurable event beyond their control. Implementing these strategies requires significant discussion and planning. Owner education is key to ensuring that all interested parties understand the benefits, risks and their responsibilities associated with each strategy. For further information about mitigating the rising cost of condo insurance, contact a lawyer from our office.
CCI Review 2020/2021 —June 2021 - 12
Items to Share with the Community
MEMBERSHIP RENEWALS
From the City of London The pandemic has introduced many different kinds of expensive and dangerous reactions in our communities and the City of London. One of the most unfortunate problems to deal with is a backed up sewer main where cleanup and in - unit repair and replacements can be overwhelmingly disconcerting and at a time when we are trying to manage so much in our lives. Continued education and attention to our responses to issues that affect our communities, this one in particular, is key to managing insurance claims and keeping pipes free and clean to reduce backups, basement flooding and environmental impacts. Barry Orr, sewer outreach and control inspector with the City of London reminds all of us that “ The only thing that is safe to be flushed is human waste and toilet paper, ” he said. “ That ’ s it. No facial tissue, no wipes, no gloves, no masks, no contact lenses and their containers and no parking tickets. That ’ s what we ’ ve been trying to stress and that ’ s why you see more advertisements about it and, in normal time, stickers and reminders at places like the hospitals, doctors and dentists ’ offices, and restaurants. ” The discussion of owners ’ responsibility for backups is an important one to share with owners. Preventative maintenance is key where owners can be instrumental to ensuring the proper usage of plumbing. Blockage in a sewer line can be due to the build - up of debris which accumulates in the drain lines over a period of time. Just because they say it is flushable doesn ’ t make it so. Drains are designed for wastewater and toilet paper only. Flushing the wrong things down your toilet or into your sink can block sewer pipes and cause flooding at your home. It is also extremely important to keep medicines and garbage out of the toilet. This includes: • Wipes: Do not flush any type of wipe, even if they say on the packaging they are flushable • Face masks and gloves: Do not discard on city or community property – take them home to properly dispose of them. Place in plastic bags, secure and place in garbage • Medicine: Remember to always dispose of medicines by taking them to your pharmacy
Thanks so much for the support you showed to CCI by your membership in 2020/2021. You are applauded for your attention to education in condos. Renewals for Condo Corporation memberships will be sent to the contact person on board-managed corporations and to the manager on record where a corporation is represented by a management company. If there are changes to any of these contact persons, please
advise the Admin at ccisw@cci-sw.on.ca.
If you would like a copy of the listing of the directors we have on file for your board, please contact the Administrator and Trish will be happy to send you one. It’s especially important now as we are communicating by email to alert you of the posting of our online events and publications. You can check the 2020-21 Condo Corporation Membership Listing or the 2020-21 Individual, Professional and Business Partner Membership Listings in the Professional & Business Partner Directory to see if you are represented for 2020-21 or contact the Administrator via email.
CCI Review 2020/2021 —June 2021 - 13
Most cities in Canada are asking people to dispose of these items like they would household hazardous waste because of the importance of safety for the sanitation workers—they have to touch the items during the separation process for recycling. Keeping masks and gloves out of the recycling bin keeps them safe, too.
The FOG Project The importance of every owner in a condominium attending to their responsibilities to limit causes of backups can be as simple as following directions from the Board and the City. Great strides have been taken to limiting overflowing sewers because of grease simply by educating the public in the use of FOG (Fats, Oils, and Grease) which can block the sewer system when they ’ re poured down sinks or into toilets. When FOG hardens, you could end up flooding your basement and even your neighbours ’. The City of London provides residents free FOG Cups to collect their fats, oils, and grease. Free Fog Cups can be picked up at City of London EnviroDepots and at London Public Library locations . When the cup is full, it can be returned to a City of London EnviroDepot where it will be used to generate green energy. For more information on protecting sewers and wastewater, visit the City of London here .
Garbage and Recycling Windy weather on garbage and recycling collection day is a challenge. High winds can knock over bins and send recyclables flying only to become the litter we all hate to see in our communities. Unfortunately, we can ’ t always count on the residents to pick up their own litter; but we can encourage participation.
Keeping your blue box collection from being the litter you don ’ t want to see in your community can be the routine you use at all times for the safety and beauty of the property. Make sure it is secure enough to withstand the weather, especially high winds.
The City of London provides a Collection Calendar that includes all types of information related to collection and recycling. You can find it here.
CCI Review 2020/2021 —June 2021 - 14
A Journey with a Future By: Trish Kaplan, CCI (Hons), Administrator
CCI National organization to respond to the support needed. Every organization requires administrative support. Joan Agnew (a blessing) was the first to take the reigns as the Executive Director to perform brilliantly in setting up the chapter ’ s administrative plan of action to grow the chapter. Joan served the chapter in this capacity with dedication until April 15, 1998 and thereafter as a director on the CCI Board until 2010. In 1998, Joan passed the reigns to Lee Miernecki who held the position of Administrator until the Spring of 2003 when I came on board. My own journey with CCI began when a lawyer, Jeffrey Phillips, and an accountant, Michael Lander, (sorry, there was no bar and no joke) both friends and familiar with the scope of my volunteer history in non - profit organizations in London reached out to meet to discuss a replacement Administrator for the chapter. I didn ’ t realize at the time they were considering me for the position. I had already been introduced to the condominium lifestyle because our family bought and moved into a condominium a couple of years before. The property was managed by Susan Size of Thorne Property Management Ltd, so I was acquainted with her as an owner. As magic can happen, Sue was coming in as president of the chapter and Jeff and Michael proposed a meeting with Sue before cementing an offer of the position. I was excited to meet with Sue and more so, to find we were most definitely of like minds toward growing CCI in London and Area. Our journey together began and I haven ’ t looked back. We worked tremendously well together and we
A journey is not always defined as “ to travel a distance ”. There are roads in our life ’ s journey, planned or not, smooth or bumpy and those in between. Each journey can lead to paths least expected; still adventurous, surprising, welcome and rewarding. This past year was certainly filled with more bumps than we would have ever anticipated, and we have learned from them. Spring can usher in a new lease on life. It is a time of year to watch the spout of new growth to enjoy. In this second year of restrictions, and transition, it is likely that we will depend on our immediate surroundings for new adventures. Looking Back Many of us are returning to memories to keep us entertained and upbeat. The same can be said in work as well as home. I was invited share times gone by in our chapter and share some of the highlights that many of us were there for. Prior to the inception of the local area chapter of the Canadian Condominium Institute (CCI) in 1992, education and networking opportunities in condominiums were understandably recognized by interested parties embracing the industry. At the time, travel to Toronto for seminars and conferences devised by CCI and the Association of Condominium Managers of Ontario (ACMO) was the only way to expand their knowledge and accessibility to opportunities to respond to the growth here. CCI was actually the only education opportunity for condominium directors. Expansions in the industry in this area created demands for a local chapter of the
Trish Kaplan , CCI (Hon’s) is the current part-time Adminis- trator for the CCI-London and Area Chapter, also having served in the position from April 2003-September 2010 and was awarded the Distinguished Service Award from CCI Na- tional in November 2006. She served on the Board of Direc- tors from 2010 to 2015 when she returned as Administrator. Trish is also a former condo- minium manager.
CCI Review 2020/2021 —June 2021 - 15
were energized and inspired by each other. That friendship continues to this day and I am grateful. I remember, with fondness, Margaret Kinnear (a blessing), director at London Condominium No. 1 (date of registry: 26 - Aug - 71 and first condo corporation member of CCI). Margaret also served as a director on the CCI Board from 1993 to 2002. She was as a most valuable connection to condominiums at - large. She was also a history buff and very organized. She saved every issue of the CCI Review over the years and made sure they were handed over to me for historical purposes and I have used them often. The Road First Travelled Historically, there were three property management companies on the chapter ’ s roster of members in those early years; They branching the divide between rentals and condominiums. The first edition of the CCI Review came out in Spring of 1992 as a 4 - page publication. Interestingly, the issue produced in the Fall of 1992 discussed proposed changes to the Ontario Condominium Act. By this timeframe, you can certainly realize just how much work and diversions were involved to make changes to the legislation. We are talking years! The first Condominium Course was held in June 1994 with 22 participants, including members from condominium management, insurance and directors of condominium corporations. Through the early years, the board experimented with the scheduling of the course and found the 2 - day course on Saturdays, in the fall, to be the most practical and suitable for more of our members. Until 2017 we welcomed between 50 - 75 participants each year. The feedback from the course and evaluations of our instructors was very positive and constructive. In the summer of 1999, there were 419 condominium corporations registered in the Registry Office for the County of Middlesex; but only 120 corporations who were members of CCI to share in the benefits that were offered. Even then it was important that our emphasis locally was to provide education and other benefits to our community. As a non - profit organization we also did it on a break even basis. More professionals and businesses responded to the challenge to support the growing membership of our chapter, as well as the need for services specific to the growing industry.
The Road Well Travelled Past issues of the chapter ’ s CCI Review inspire me. I always enjoy opportunities to revisit memories of past events with special people and remember those no longer with us with fondness. Time and memories trigger reassurance especially where I still see so many who continue to work so hard in their communities today. The growth of the condominium style of living and the industry flourished and that continues today. Volunteer directors to condominium corporations grasped the need for education to fulfill the duties of their offices and also to take advantage of connecting with service providers who could assist them to respond to their own responsibilities to the assets of communities. Goods and services providers recognized the potential to develop their own relationships with condominium boards and managers with their expertise in the communities. Many expanded their businesses and are well recognized in the community at - large with their association and membership to CCI.
CCI Review 2020/2021 —June 2021 - 16
CCI, both locally and nationally, has been so fortunate by the incredible leadership of the directors who volunteer to serve on boards. They are dedicated to sharing their knowledge to enhance and expand education in our communities. They continue to be amazingly generous in their support by their membership, their advertising and sponsorships; and awesome participation. While there have been starts and stops to amendments to the Condominium Act over the years, the most recent ones to the Condominium Act, 1998 came into effect November 1, 2017. The Condominium Authority of Ontario (CAO) became the legislative body “ focused on consumer protection and supporting healthy condo communities across Ontario ” and the Condominium Management Regulatory Authority of Ontario (CMRAO) “ provides oversight of condo managers and management companies to help protect consumers in Ontario ’ s rapidly growing condo sector ”. The CAO and the CMRAO share resources to achieve financial and operational efficiencies. The Chapter ’ s Board of Directors took opportunities via Seminars and Lunch & Learns to provide guidance on amendments, so we could all best understand the changes made to assist us in meeting legal responsibilities. These events were well attended and feedback very positive. Effective November 1, 2017, the online CAO Directory Training became mandatory for all directors serving on Condominium Boards. Attendance at the CCI Course in 2018 dropped to 32 and in 2019 to 31, Volunteer directors agreed on the value of more in - depth CCI 2 - day Condominium Course that offered participants opportunities to meet other directors and professionals and more importantly, extended opportunities to discuss issues directly with the experts; however, found it challenging to devote even more time to the corporation. Topics of interest and importance in the CCI Review continue to emerge and be represented in articles on reserve fund studies planning and funding; water issues and insurance claims; standard unit by - laws governance principles; training for condominium directors; obligation of owners and more. History is Familiar The Condominium Act, 1998 was passed in December 1998, (replacing that of 1967) In the Spring of 2000, then President Barry Scott, in the issue of the CCI
Review, invited us all to “ write to our MPPs to remind them that while the Condominium Act may only be a small piece of legislation, it is vitally important to our community and its current position, apparently stuck in hiatus, is causing us very real problems. ” Time moved on and it wasn ’ t until May 5, 2001 that the new Condominium Act, 1998 was proclaimed. The CCI Board of Directors took an active leadership role in presenting on what corporations needed to have in place to operate under the “ new ” Act. The Government of Ontario launched its process to review the Condominium Act in June 2012 and opted for an innovative approach to reform by working with Canada ’ s Public Policy Forum and MASS LBP to engage members of the condominium community in an 18 - month, three - stage public engagement process. The expectation was that the three - stage review would result in new legislation by Spring of 2014, perhaps a high expectation given that there was an Ontario election in June 2014 and all work on the Condominium Act review initiative was suspended. Obviously d ej a vu! Here we are in 2021 and the evolution continues. The Road Ahead is Long and Winding The importance of relationships between local CCI Board Members and those chapters across the nation, continue to be strong and important, especially in these changing and challenging times. For example, the leadership of the Ontario Legislative Committee at CCI - N participates in addressing specific legal issues and updates for the membership. They are posted on the CCI - N Resource Centre website here : Committees continue to develop learning opportunities that address issues within our communities. Every chapter can appreciate the excellence among their leadership and membership Continued on page 18...
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and the time they devote to all they do for the good of our communities. “ The Only Constant is Change ” - Heraclitus It is fair to say that none of us were anticipating the herculean changes that we ’ ve had to endure over these past many months. The evidence of collaboration between professionals and businesses continues to inspire, as it has over these many years. Boards and managers have made tremendous strides to build on the changes needed to protect their communities now and in the future. We can be more than grateful to them for their diligence and compassion to those who were negatively affected during these times and perhaps even more important in the future. Many businesses met the challenges of protecting community during COVID - 19. They came to the aid of owners and communities time and again. My own experience with CCI has made me consistently grateful to the wonderful people I have met and will continue to work with. Some of them I ’ ve known for many years because they are so
passionate at helping to achieve strength and viability of condominiums. We have all endured daunting times. Change was happening by the minute and so many met the challenges head on and maintained their respectful kindness throughout. We will forge ahead, all of us involved in some way, as we are desperate to return to some form of normalcy. Education will spur others to cooperate in protecting the strength and financial security of the largest investments we have made. CCI is privileged to be a support to the growing and fundamental partnerships in the London and area. The times may have changed, but the heart of our community has not. Still, the condominium growth continues at a rapid pace. It is our hope, with all of your help, that CCI can spread it wings to help everyone who has embraced the lifestyle to understand and build on the knowledge so they can enjoy their choice of lifestyle and also to assist boards and managers toward success at all levels by their participation.
Onward and upward!
CCI Review 2020/2021 —June 2021 - 18
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