CCI Newsletter 1 -2021/2022

CCI Newsletter 1 -2021/2022

2021/2022-1

CCI Review Quarterly Condominium Newsletter

September 2021

Inside this issue

A Thank You ............................ .....2

New Advertising Opportunities …..4

LCCI—Open for Applications ……....4

Recognizing Members …..…………….5

Chapter Communique ……..……...6 - 7

Connection to Education ......... …..7

Upcoming National Events ...... …..8

President ’ s Message

Let Safety Be Your Guide.. …..…9 - 10

Emergency Service Access ……10 - 11

Summer is officially upon us! While we are hopeful that everyone is able to find some downtime and to enjoy some sunshine, today we reflect on the tragedy that occurred on June 25, 2021 in Surfside, Florida. Approximately 50% of the 12 - storey residential condominium building collapsed in the middle of the night, claiming the lives of many residents. In the wake of this tragedy, we understand that there are more questions than answers and it is important to stick to the facts. Note the following comments: • It appears that the Surfside building was a conventionally reinforced concrete framed building. This type of construction dominates our highrise residential building stock in Ontario. Reinforced concrete structures have a proven history of safe use. They are extremely robust and generally contain layers of redundancy that protect against sudden collapse. • The 2018 Engineering report that was released identifies extensive deterioration of the parking garage slab but contains limited information on the extent of or location of the reported deterioration. There are no cost estimates and it does not identify the reason for the collapse. The report we reviewed appeared to have been a Preliminary Assessment, not a full Garage Structural Assessment.

Managing Costs & Risks …….…12 - 13

Sponsorship Programme.. …...14 - 15

Fireworks– Info for Everyone.16 - 18

Emergency Preparedness …….19 - 20

Mark your Calendars: AGM ……….21

Annual Capital Repair Planning ……………………………….22 - 24

10th Golf Tourney Thanks …...25 - 29

Memberships ……………………...30 - 31

Welcome New Members …………..31

Alert: Observing the Rules …..32 - 33

Q&A: Site Inspections& Budget Effects ………………………………....34 - 36

Advertisers .............................. …37

Social Media Connection …………..37

Staying In Touch ……………………….38

Next Newsletter Deadline

November 1

CCI Review 2021/2022 —September 2021 - 1

We are so grateful to all the writers in this and every edition of our CCI Review. We hope the information herein is helpful to you and your community.

London & Area Chapter Board of Directors 2020/2021

You are always welcome to inspire us with any topic you have an interest in as it pertains to challenges that may arise in your community. Not a writer ? No problem! We can locate an expert to respond to your challenge. We ’ re listing for your comments and suggestions with the Administrator at ccisw@cci - sw.on.ca. BEFORE YOU GO ANY FURTHER... The information and opinions contained in this publication are brief summaries of complex topics provided by the authors. The Chapter is without liability whatsoever. Readers should always obtain expert advice on their specific situations. For membership and/or advertising information, visit our website or contact the Administrator directly. Advertisements in this publication do not reflect an endorsement by CCI of any company or product. Members are encouraged to compare rates and ask for references when contracting for goods and services. Permission to reprint is hereby granted provided: 1. Notice is given to the CCI - London & Area Chapter in writing to ccisw@cci - sw.on.ca; and 2. Proper credit is given as follows: • “ Reprinted from the CCI Review London & Area Chapter, [Year: Issue] All rights reserved ”, and; • Articles must be copied in their entirety.

President Stefan Nespoli, B.A.Sc.,P. Eng

Past President Chris DiPietro, R.I.B. (Ont)

Vice President Jennifer Dickenson, BSc(Hons), RCM

Treasurer Michael Watson, CPA, CA, LPA

Secretary Kristi Sargeant-Kerr, LL.B.

Directors Jeffrey Bell, BA (Hons), B.Ed., LL.B. Tony DiPietro Séan Eglinton, ACCI Laura Gurr, J.D. Victoria Phillips, RCM Tricia Baratta, R.I.B. (Ont) Lisa Skirten, CIM

Administrator Trish Kaplan, CCI (Hon’s)

National Representative Tony DiPietro

Editor Trish Kaplan, CCI (Hon’s)

Layout Design Jennifer Dickenson, BSc(Hons), RCM

Newsletter Deadlines

Mailing Address London & Area Chapter P.O. Box 51022 1593 Adelaide Street N. London, ON N5X 4P9 Tel: 519-453-0672 Email: [email protected] Website:www.ccilondon.ca

The newsletter is quarterly. The issues are available online only; however, it would be a tremendous help if the contact person from member corporations would ensure that our Administrator is provided an updated Board of Directors ’ listing, along with their mailing particulars, whenever there is a change and cer- tainly prior to each mailing—no later than the first day of August, November, March, and May (subject to change). Please email or write the Administrator with this information. You can cc your manager to let them know that you have

carried out the task. Managers will be grateful for your assist. Please email/ write the Administrator with this information here.

CCI Review 2021/2022 —September 2021 - 2

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

• In the wake of the Elliot Lake Mall Collapse in 2012, Professional Engineers Ontario (PEO), released a guideline that outlines requirements for practitioners who perform structural condition assessments. Many local engineering firms are likely able to assist with carrying out structural condition assessments. There are also reports that major structural repairs at the Surfside Condos were delayed due to Board and Owner disagreements and infighting. Unfortunately, this type of situation is all too common in our industry. It is important that building Owners and Condominium Boards take the following steps: 1. Retain a qualified Engineer to assess any areas of structural concerns in your building. 2. Follow the Engineer ’ s recommendation to complete a Structural Condition Assessment. 3. Go back and review your Reserve Fund Study to check if there are recommendations for further review of your building. 4. Follow through with recommended repairs to address structural deterioration within the timeframes provided in the Engineer ’ s report. 5. Communicate updates to your community in a timely fashion. This tragedy reminds us of the responsibility that Owners, Boards, and Engineers have to ensure our buildings are safe. Taking the above measures will mitigate the risk of this type of tragedy occurring in Ontario. Members are encouraged to support local authorities listed below for up - to - date alerts and notices City of London, Ontario – Municipal Government; London Fire Department;

London Professional Fire Fighters Association – Ontario, Canada; Ontario Municipal Fire Prevention Officers Association (OMFPOA); London Police Association; London Police Service – Canada; Canadian Police Association; TSSA – Technical Standards & Safety Authority; Home and Safety: Electrical Safety Authority; and more

Visit their pages and

them.

Don ’ t forget to visit the Canadian Condominium Institute – London & Area Chapter. We look forward to sharing with you as well. On behalf of the Board of Directors, we wish you a safe and enjoyable summer and look forward to seeing you in the Fall.

Stefan Nespoli, President

CCI Review 2021/2022 —September 2021 - 3

Advertising Opportunities

If you are a professional or business partner in our chapter and would like to participate in supporting our publications or events, please contact the Administrator by email at ccisw@cci - sw.on.ca for information or visit our website . We introduced a NEW Webinar Sponsorship Packages to assist us in promoting your companies. Sponsorships are on a

first - come, first - serve basis as to their availability. A new form is also available for advertising in our publications here

CCI ’ s social media is seen by hundreds of board members, owners, professional and business partners and those in the wider audience following us online and from our condominium community. If you haven ’ t liked us yet, please do.

Check out our “ Legal Matter Mondays ”; “ Hat Tip Tuesdays ”; articles on issues that arise in condominiums; reports on CAT reviews; and more. Check us out!

LCCI Designation

The LCCI designation is open to any CCI member who provides goods and/or services, through annual employment time and volunteer time, to or within the condominium/strata/co - propiete industry. The designation is open to any particular profession or trade.

CCI Review 2021/2022 —September 2021 - 4

Recently, we started recognizing our long - time members on our social media accounts. Watch every Tuesday for our “ Hat - Tip Tuesdays ” to see our long - standing members from both the Condominium Corporations and the Professional and Business Partner supporters be recognized! Some have been with us since the beginning of our chapter (1992)!! Click here for: Facebook , Instagram and LinkedIn . Recognizing our long - time members

COMPLIMENTARY ACMO CM MAGAZINE

Please do not send address or contact

person changes to the National Office of CCI or to the Association of Condominium Managers of Ontario (ACMO) for the quarterly Condominium MANAGER (CM) magazine. The chapter provides the labels, addressed to the contact person, to a mailing service approximately 6 weeks prior to each mailing and they are responsible for the bulk and mailings of this complimentary magazine. We do not provide ACMO with our mailing lists.

MCC 248 445 Riverside Dr, London

MCC 205 1990 Wavell St, London

MCC 155 211 Pine Valley Dr, London

OCC 15 75 Bridge St, Tillsonburg

OCC 10 458 - 486 Springbank Ave, Woodstock

Don Dickenson, BA, LL.B., RCM Dickenson Condo Management

Barry Scott, LL.B, ACCI, FCCI Scott Petrie LLP

Susan Size, CMOC, ACCI, FCCI Thorne Property Management Ltd

CCI Review 2021/2022 —September 2021 - 5

Chapter Communiqué By: Trish Kaplan, CCI (Hons)

Thanks to all of the members for responding to the annual membership renewals in such a timely fashion and for updating your membership information. It is most appreciated. We encourage all members to renew to continue to be informed. Please ensure that at least one member of condominium boards provides an email address to receive communiqu es and notices. We see changes in the listings of board members and we are grateful to all who step forward to volunteer in their communities. We would be remiss if we did not extend our gratitude to Owners, who were elected in their Corporations and have completed their 3 - year terms (or more) as directors. We also see familiar names, those who contributed to communities for years in the past, returning to action after a break. I find this quote very much speaks to every volunteer who serves in any capacity for the time and effort they contribute to best serve their communities. Thank you all for your service. “ Volunteers do not necessarily have the time; they just have the heart. ” - Elizabeth Andrew Safety Measures and Focus Continues The pandemic and safety concerns surrounding it have been our focus for a long time. Financing and supply toward all safety initiatives affected operating budgets in business and in condominiums. Steps for re - opening is guided by the vaccination rate and key public health and health care indicators. For more information on the Roadmap to Reopen, see here. There may be additional costs involved in continuing to keep our communities safe. Condominium boards and managers are encouraged to take every step possible to create safety for staff, owners and visitors to the property by placing appropriate and clear signage that reflects policies or rules they have in place vis a vis mask - wearing requirements and also to reflect associated municipal health by - laws and guidelines. Happy Retirement We often hear whispers of retirement. It is something we all aspire to at some point in our lives; although the exact timing is often adjusted (sometimes quite often) for various reasons. Through our membership renewal process for 2021/2022, we have been informed of the following Professional and Business Partner Members who are moving on to the next chapter in their lives. CCI has been rewarded by their involvement over the years. We are so pleased to wish good health, good cheer and the freedom to enjoy the many adventures put off for too long to all who are adventuring into retirement mode.

Arpad Petrik, Petrik Property Management Bill Hamilton, Badger Daylighting LP

10 th Annual Golf Tournament – A Great Success Thanks to all who participated in any way to a success story that was our Golf Tournament on June 21 st . See elsewhere in this publication for recognition of all those who shared in that. We are all grateful.

CCI Review 2021/2022 —September 2021 - 6

Social Media and Sharing it!

We are so grateful to all of our friends, including those who are professional and business partner members in CCI across the nation for sharing. Our organization is made stronger for you by their significant sharing of information in the form of blogs, notices, articles, contests, etc. Do check out our social media platforms so you can keep up - to - date on what ’ s new or coming up in legislation or content in response to issues arising in our condominium community.

What a great way to share information and recognition! Follow our social media platforms for Legal Matters Mondays , where there continues to be interesting cases coming down from The Condominium Authority Tribunal (CAT); Hat Tip Tuesdays , where we are so proud to recognize our longest standing members, including Condominium Corporations; and occasionally we will be posting a Contest Time . Watch too for postings on upcoming events in the form of webinars, nearby conferences and more. Thank you to everyone who visits our website and social media pages.

As we progress through these upcoming months, on behalf of the Board of Directors, I wish you the very best of good health and however wonderful you can make the time work for your enjoyment of family and friends. Trish Kaplan, CCI (Hon ’ s) Administrator

Your Connection to Education!

We look forward to seeing you at all the events that the Education Committee is organizing for the up- coming year. We appreciate your keeping informed via social media and the website, not only for topics of discussion but how we will be sharing it, as we continue to ensure safety of all of our members. More information about individual events will be available on the website once the organizers have con- firmed the information and presenters. Your participation inspires the organizers and sponsors of CCI to continue to do more in the field of edu- cation for us all. The events are very often inspired by your suggestions or enquiries into particular are- as of expertise. Please continue to share your suggestions. They are always welcome. Send them to the Administrator at ccisw@cci - sw.on.ca.

An investment in knowledge pays the best interest. Benjamin Franklin

CCI Review 2021/2022 —September 2021 - 7

CCI Publications Are Digital

UPCOMING NATIONAL EVENTS

The original plan was to gradually go digital with our publications, primarily due to increased costs of production and distribution. This was intensified by our commitment to doing whatever possible to keep our communities safe. The publications are now provided to you digitally on our website. Overall, the advantages are positive, as is the feedback. We share a small part in saving the world and affecting climate change; we are not restricted by the number of pages and can enhance the productions with colour. CCI Review This is our quarterly publication where the expertise of our professional and business partner members continues to be most constructive. We are most grateful to them for sharing with us. We also thank them for their generous support by advertising. We hope you will continue to share the publications with colleagues and other owners in your condominium corporation. your industry - related articles are welcome to our publications. Please contact the Administrator (ccisw@cci - sw.on.ca) if you would like to share your expertise in an upcoming issue.

The upcoming National events, along with events across Canada, may be of interest to you. You might want to put reminders on your calendars now to check for updates as the days draw near to register. https://cci.ca/events/ upcoming - events October 13 th (Seminar) 4 pm — 5:30pm Subject Reserve Fund Planning -Zoom November 11 - 12 h , 2021 National Leaders’ Forum- Adapting to a Changing Environment

You can find this year ’ s previous issues of the CCI Review here 2021 Professional & Trades Directory

Every corporation and owner has opportunities when they require knowledgeable professionals and trades. We invite you to share access to the publication of our members within your communities. The directory is available online here . Listings will be updated as memberships are added and changes are received.

November 13 th , 2021 10 am— 4:00 pm CCI National Conference (& Tradeshow)

The WINNER is ….

The Surprise Call Went Out on Social Media

WIN your team! $500 value!!!!!! Contest sponsored by Cohen Highley LLP and Edison Engineers Inc at the CCI 10th Annual Golf Tournament Monday, June 21, 2021 at the Pine Knot Golf & Country Club.

Sometimes, it just pays to follow The Canadian Condominium Institute - London & Area Chapter on social media: This is how we met Tracey Baker , along with her friends and teammates, Laurie Barnes, Sharron Christie and Alan Mills, who made up the team sponsored by Cohen Highley LLP and Edison Engineers Inc.

From chatting with Tracey via email – I would say, this was a great beginning to her retirement plans. We most certainly wish her all the very best in her upcoming adventures, golf being high on her list of things she wants more time for.!

CCI Review 2021/2022 —September 2021 - 8

Let Safety Be Your Guide By: Trish Kaplan, CCI (Hons)

We have had many months detached from family and friends to stay safe during the pandemic. Sadly, we aren ’ t out of the woods on that just yet. We have had enough anxiety, heartache and isolation and we are more than ready to break through these walls that have surrounded us for too long. Since the arrival of nicer weather and in the upcoming months of hopefully the same, we are motivated to create new memories by participating in safe activities after so many months of confinement. Do let safety be your guide, each and every time. Condominium establishes that folks are living in close proximity. Your commitment to safety practices in your own individual units enacts safety for your neighbours and community. The Condominium Act, Corporations ’ governing documents, along with the Board of Directors who are responsible to promote the safety, security or welfare of the owners and of the property and assets of the corporation, should be observed by all residents for the continuity of safe living. Important reminders relating to home and community safety can be found in publications, on social media, from municipal agencies and from organizations tasked to creating public safety. There is never too much information on safety. The Condominium Authority of Ontario (CAO) , a non - profit organization created under the

Condominium Act operates under an administrative agreement with the Ontario government. Services and resources continue to build on informed condominium communities with comprehensive information and tools to create healthy and positive communities across Ontario as well as safety in condominium operations. More can be found by clicking the logo

The London Fire Department is an amazing resource to every member of families and community. Take some time to engage in some learning about fire safety and emergency services in our community. A review of the most common causes of Canadian home fires includes cooking (27%) or unattended cooking as the case may be; heating equipment related (12%), where attention to maintenance and safety practices may have avoided the inevitable. You can also find forms for Fire Safety Plans, which the Ontario Fire Code requires for many properties and businesses. There is so much more information that can make your upcoming months not only safe, but enjoyable. Get updates from the London Fire Department by following them on Facebook, Twitter and Instagram.

The Office of the Fire Marshal is a branch of the Community Safety Division of the Ministry of the Solicitor General. The Fire Marshal is the principal adviser to government on public fire protection policy and fire safety issues. Like them on social media to receive updates, including current communiqu e related to safety concerns.

They are responsible for the administration of the following provincial legislation that promotes fire protection, fire prevention and public safety in Ontario:

CCI Review 2021/2022 —September 2021 - 9

• the Fire Protection and Prevention Act, 1997 (FPPA), and • the Fire Code , a regulation made under the act that governs fire safety standards for equipment, systems, buildings, structures, land and premises in Ontario

The Technical Standards and Safety Authority (TSSA) promotes and enforces public safety. It is a self - funded, not for profit corporation responsible for administration and enforcement of the Technical Standards and Safety Act and its regulations on behalf of the Government of Ontario. The Technical Standards and Safety Authority has created a public safety awareness handbook

designed to reduce risk and keep families safe. It was published in 2016 but the information therein remains relevant and important. You can stay - up - to - date with TSSA by following them on social media, including Facebook, Twitter and LinkedIn.

BE SAFE AND KEEP YOUR FAMILY AND NEIGHBOURS SAFE!

Emergency Service Access in the Community By: Trish Kaplan, CCI (Hon ’ s)

Sirens create anxiety within us, especially as they get louder, signalling their increasing closeness. This is especially true these past many months as we all share apprehensions about the health of family and neighbours. In condominiums, it is perhaps even more alarming as sirens have a tendency to sound louder echo through the property, just as everything does. Rapid and accurate access for police, fire and ambulance is essential when lives are at stake. Emergency services on condominium properties are essential to all residents. A delay of any kind for emergency services to get to where they need to be on the premises can make a difference in someone ’ s life. There are some residents on every property who might have the need for emergency services. They frequently express concerns that roadways are obstructed by illegal parking, contrary to the City of London By - law regarding parking in a Fire Route or in non - compliance of the parking rules on the property. They are even more agitated when drivers park directly under a No Parking sign when driveways are clear and the location of the driver unknown. The City of London has a By - law to allow for ticketing of vehicles on private property under certain criteria. You can review the Private Property Parking Enforcement Program (PPPEP) on p. 6 and 7 of Item 4.3 here: For more information and the process involved in joining the program, including a Site Plan Approval process, please contact:

(Continued on page 11)

CCI Review 2021/2022 —September 2021 - 10

Condominium properties are considered private and have designated Fire Route access, where fire routes are established during the Site Plan Approval Process for the development. The access routes for firefighting including location, width, turning radius, vertical alignment and location of fire route signs shall be shown on the site plans for the property and in accordance with design standards for fire routes. To review all details of fire route signs and placement and other information, visit here. Virtually every condominium corporation will (or should) have rules related to traffic and parking control within the boundaries of their property. The Condominium Act, 1998 prescribes that no rule will be unreasonable; rather they evolve to address potential dangers to the assets of the property or risk to those who reside on it. The Board of Directors and their agents have the responsibility to ensure that all governing documents, including the corporation ’ s rules are followed by all of the residents, without exception. They deserve the respect of the residents for carrying out this ‘ not very popular and mostly thankless ’ task. Replacement of signage for any reason is the responsibility of the corporation. Where a resident has concerns relative to parking, or any other occupant behaviour, they should address them in writing to the management office during regular business hours. Your manager can then begin the process of reviewing your corporation ’ s policies as well as by - laws and provide you with recommendations and support to assist in resolving matters.

Fire Route Agreement (Schedule 26) The City of London and the Owner of a private roadway may enter into an agreement in the form set out in Schedule 26 of The Consolidated Traffic & Parking Bylaw PS - 113 or in a development agreement pursuant to the site plan approval process providing for the designation of the roadway as a fire route. It would be appropriate to carefully review the agreement before proceeding, as the board will have to agree to conditions and cost involved to ensure the property is Fire Route Enforceable. You can download a pdf copy of Schedule 26, Form 2, the Fire Route Agreement of the by - law PS - 113 here.

A typical penalty for parking in the fire route is currently $105.00 in London (subject to change).

Corporations can also reach out to the Condominium Authority of Ontario (CAO) for How - to Guides and Letter Templates to help you address an issue with a neighbour, manager or Board of directors. Let saving a life be part of your mission in life!

CCI Review 2021/2022 —September 2021 - 11

Managing Costs and Risks in Condominium Insurance By: Gareth Stackhouse, LL. B.

company the condominium over a $10,022.33 repair charge - back related to a leak. originally sued Briefly, Lozano asked "Did the unit owners' act or omission cause a toilet to leak and what does “ act or omission ” mean?" and "If yes, can the condo charge - back the costs of repair/insurance deductible under TSCC 1765’ s section 105 by - law?" The unit owners replaced toilet parts and later other parts of the toilet failed and leaked. The leak was noticed when they left the unit five months and only had someone inspect it every two weeks. Most importantly, they didn't shut off the water to the toilet when they left. The Divisional Court found that the "omission" was that the unit owners did not shut off the water feed to the toilet (no water, no leak) and that 13 days between unit inspections is " an obvious act or omission". TSCC 1765 was able to recover the costs. The Lozano case (and costs) could likely have been avoided if TSCC 1765 had a by - law that contained a waiver of subrogation, rigorously defined “ act or omission ” for a section 105 chargeback, and set maintenance standards about fixing toilets, turning off water, and inspecting empty units. Let ’ s explore the components of a standard

Insurance and insurance costs have been a live issue in recent years, with some insurers exiting the condominium market and that, plus market conditions, has led to a rise in premiums and deductibles. Condominiums unable to get insurance have been in the news. As a defensive play, insurance costs and risks can be managed through a properly drafted standard unit, insurance, and maintenance by - law made under the Condominium Act, 1998 (the " Act "). This type of by - law puts these related items into a single by - law and can be the single reference point for managers, boards, contractors, residents, and insurance adjusters every time there is an “ event of damage ”. It can prevent conflicts about costs, repairs, and responsibility (saving time and money) and it provides certainty for all parties, including the condominium ’ s insurer, where uncertainty will drive up costs. A well drafted by - law like this could have prevented the lengthy (and no doubt costly) litigation in the recent Lozano v. TSCC 1765 case and the case is a great illustration of the risks and costs related to insurance, damage, and maintenance in condominiums. Lozano v. TSCC 1765(2021 ONSC 983): The Divisional Court decision in Lozano was released in February, it was an appeal of a lower court ruling by the unit owners ’ insurance company that “ subrogated ” the claim and funded the litigation. The insurance

Gareth Stackhouse, LL.B., is a lawyer with Common Ground Condo Law and serves clients across Ontario, is active in numerous CCI chapters, ACMO, and he frequently writes and speaks on condominium topics. He has called small - town Ontario (the Ottawa Valley and the near “ north ”), Kingston, Halifax, and Toronto “ home ”.

This article appeared in Volume 28 of the CCI Eastern Ontario

Chapter ’ s quarterly newsletter, Condo Contact Magazine

unit, insurance, and maintenance by - law:

CCI Review 2021/2022 —September 2021 - 12

an event of damage to any unit(s) or the common elements which is caused by an “ act or omission ” of a unit owner or a person they are responsible for (like their tenant or tradesperson), whether the damage starts in their unit or somewhere else. The by - law can also define what “ act or omission ” means and move the standard closer to “ strict liability ” which is being liable simply because an event occurred. This prevents a legal battle about what someone did or did not do as in Lozano. “ Subrogation ” is the ability of an insurance company to sue in the name of the party they insure. A “ waiver of subrogation ” in a by - law is important to control costs by removing an insurance company ’ s ability to sue a condominium over a $10,000 insurance deductible where the insurance company disputes a condominium ’ s charge - back decision (like Lozano). Litigation is costly and complicated for a condominium. Finally, a by - law can help lower costs and premiums by setting insurance standards, that all unit owners and tenants have proper insurance coverage in place for the unit ’ s improvements, their personal property, and their living/business expenses. Maintenance Standards The Act allows a condominium to set maintenance standards through a by - law and having a clear and strong set of maintenance standards for unit owners to follow for their unit, their fixtures, and appliances, is another tool in preventing damage, establishing liability, and being clear about what a unit owner must do. This can include regular inspections and replacement of items that wear out and fail, to detect and prevent issues before they cause catastrophic damage. Maintenance standards can also resolve repair disputes where a lack of maintenance is the cause of the damage and could have been very helpful in the following case. Hopefully this information can assist you and your condominium(s) to control insurance costs and minimize insurance and damage - related risks. - GS

Standard Unit Where a condominium must repair a unit, repair costs and insurance premiums can be controlled through a well defined “ standard unit ” which classifies high wear, frequently upgraded, and high - cost items as “ improvements ” which a unit owner is responsible to repair and insure. This usually includes items like floor coverings, cabinets, counter tops, equipment, and appliances as “ improvements ” to a unit. It also sets the standards for replacement materials and can restrict these to “ builders ’ grade ” in order to further control costs. Insurance Deductible and Requirements There are four main components to a good insurance by - law, as this writer sees it, all of which lower the costs for a condominium: 1.Expand insurance deductible recovery (section 105 of the Act); 2.Setting the insurance deductible recovery standard closer to that of “ strict liability ” and rigorously defining what the words “ act or omission ” mean; 3.Waiving rights of subrogation; and 4.Setting insurance requirements for unit owners and tenants. Without a section 105 by - law, a condominium can only recover costs related to damage to a single unit which is caused by a person ’ s act or omission, the costs being the lower of the repair costs or the insurance deductible. Section 105 does not allow cost recovery where other unit(s) or the common elements are damaged (where the unit at issue sustains no damage) unless a condominium passes a by - law! With high deductibles and damage events (especially floods) easily spreading to other units and the common elements, a section 105 by - law is very important for cost recovery and insurance cost control. A section 105 by - law expands on the Act and allows a condominium to recover the lower of the insurance deductible or repair costs when there is

CCI Review 2021/2022 —September 2021 - 13

Sponsorship Program

We introduced the NEW Webinar Sponsorship Packages to assist us in education and in promoting your companies. Sponsorships are on a first - come, first - serve basis as to their availability. We are so grateful to the rapid response to this initiative. Thank you so much to these sponsors for their generosity and leadership. platinum

Email: [email protected]

Website: https://cklegal.ca/index.html

CCI Review 2021/2022 —September 2021 - 14

GOLD

Email: [email protected]

Website: www.dickenson.ca

Email: [email protected]

Website: https://www.highpointpm.ca/

SILVER

Email: [email protected]

Website: https://scottpetrie.com/

Email: [email protected]

Contact: https://www.facebook.com/ sheiberconsulting/

CCI Review 2021/2022 —September 2021 - 15