CCI-Review - 2019/2020 #4

CCI-Review - 2019/2020 #4

2019/2020-4

CCI REVIEW

Quarterly Newsletter

President ’ s Message

Inside this issue

A Thank You ................................ 3

It’s important that we start by acknowledging some changes happen- ing in the world around us. There are movements calling out racial injustice that have sparked important conversations about inclusivity, bias, and racism. And, of course, there is a global pandemic that has caused us to evolve the way we deliver condominium education, not to men- tion how we visit, shop, travel, and live. Your safety is very important to us. We’ve been so encouraged watching our communities working and learning together (at a safe distance!) to ensure we can all be staying safe and well both physically and mentally. We are definite- ly practicing a new normal and facing some huge adjustments (Zoom any- one?), and in some cases, the transition was unusual and has not been as easy as it sounded months ago. Days, weeks and months have gone by and no matter your current status, we are all craving some sense of balance and normalcy. However, according to the Middlesex London Health Unit “if we’re going to beat COVID -19, we need to do more than know what these mean. COVID- 19 doesn’t go away unless we all do our part." Every day (sometimes by the hour) we learn something new about COVID- 19, which includes what and how we can endeavor to keep ourselves and others safe. Now, as the re-opening of more industries are going on, our focus must continue to be safety for ourselves and others we come into con- tact with. We are protecting each other in this fight. The public health units – local, provincial and federal will keep us informed with not only the basics of protection but also more expanded information.

Chapter Communique ................. 4 - 5

News/Event Recap ...................... 6

Sale of Units During COVID - 19 .... 7 - 9

Landmark Decision ………………….10 - 11

Vacant Land Condo Living ……….12 - 13

Shedding Light on your Attic ……14 - 16

Emotional Cost of Management17 - 18

Risk Management ……………………19 - 20

Q&A: Lessons Learned …………….21 - 22

Condominium Education ............. 23

Advertisers .................................. 24

New Members ............................ 25

Special points of interest

• Next deadline for Newsletter submissions: August 1 • Annual Golf Tournament: Mon- day, September 21, 2020 • CCI - London ’ s AGM is Tuesday, September 22, 2020 at 11am. (subject to change)

...President ’ s Message

ducted through video conferencing from homes and offices across the nation. There are a multi- tude of platforms available. Some are free and some not. Perhaps, most notable are Zoom Meet- ing, Teams, GoToMeeting, Skype for Business, but there are certainly more of them. Time will tell whether online or face-to-face is the preferred method of transacting business. Our first venture into an online seminar happened on May 26 th for the “There are no stupid ques- tions!” seminar. Feedback was quite positive and we were so grateful to our presenters and to all the participants. Corporation directors continue to carry out their responsibilities with online meetings with their managers and others who provide services to the properties. Engineer, contractors and more can be present at meetings that affect us all. Feel free to share your feelings on the subject of online meetings with us. Send an email, tell us what method of connecting you are using and your comments, positive or otherwise, to the ad- ministrator at [email protected]. Families and friends are keeping connected online too. They may be using other online platforms such as FaceTime, Skype, Snapchat and others. These connections are very important for all of us as more than ever before families are spread out across the nation and even the world. As it may be some time before get-togethers can be organized, this seems the best way to keep linked. We ALL still need to do our part to beat COVID-

As we all watch the marches across the world, or perhaps even attended one locally, a primary con- cern for the medical and scientific world was relat- ed to the spread of COVID-19. As a matter of fact, you may have noticed and voiced concern about the manner folks were wearing (or not) their masks. If so, you might find it useful to view the transcript and a described video about COVID-19: How to wear a non-medical mask or face cov- ering properly to confirm that you and your fami- ly are wearing masks properly. Share it with all of your family and friends in the community before you start going out to those establishments that are opening. Safety first. Another facet of all that COVID-19 is our mental health. These uncertain times are bound to create a measure of stress and anxiety, whether or not we are cognizant of it. As strong as we think we are, there is a measure of distress that we are all trying to manage. It’s important that we tend to that part of our well-being by getting assistance from trust- ed sources. We all need some positive reinforce- ment to get through the isolation. To help, engage in positive enforcement activities, those that bring you joy – art, books, dancing, exercise and of course, music to name a few. Assistance can also be found through the Middlesex London Health Unit. There is help out there for everyone. Do

reach out to touch some- one who can help - your medical professional, family and friends. Re- search has shown that

19. As the province con- tinues with reopening of business, the Public

inspiration from the act of kindness can create less depression, a greater calm, fewer pains and better health. Therefore acts of kindness can help with your well- being and certainly ease another’s men- tal state. We have also spread our wings to learn and adapt to new technologies. In-person meetings have become online meetings. We can take comfort in being able to see those participating on our screens; however, there is an adjustment to be made. During these past months, it has been ben- eficial for the safety we need in our communities and to those who serve. CCI continues to provide valuable education to us all. Chapters from across the province have shared the generosity of their community volunteers via webinars. We are most appreciative for their on- going support and good will. Remote business meetings are now being con-

Health Agency of Canada stress the need for go- ing “out smart”. COVID - 19 doesn’t go away un- less we all do our part and keep doing it. Stay home if you can, practice physical distancing, wash your hands frequently with warm water and soap for at least 20 seconds; avoid touching high touch surfaces and objects that could be contami- nated; and cover your coughs and sneezes with tissues or your sleeve, wear a non-medical mask when you are out – it shows that you respect and care for others. Stay in if you have symptoms, even if mild, and contact

the local public health authority for their ad- vice. Be well, stay safe.

- Stefan Nespoli, President

2 — 2019/2020 - 4

London & Area Chapter Board of Directors 2019/2020

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.

On behalf of the CCI Board of Directors and the membership, we would like to extend a very sincere thank you to Teresa Girardin of Condos Plus Property Management Inc. for her dedicated service to CCI as the National Representative for our Chapter. Teresa was no stranger to CCI when she was elected to the Board of Directors in 2010. Her family has a long standing history with CCI. She developed her passion for CCI from her Mom, Joan Agnew, who was the first Administrator for CCI (1992-98) after which she was elected to the board, and served until 2002. Her brother Brendan was elected to the board in 2003 and served until 2010. I guess you could say it’s been a family affair. Teresa served on the board until she took the National Representative position in 2017. She has affirmed her support to the chapter and to the education. Thanks Teresa for your service!

Directors Jeffrey Bell, BA (Hons), B.Ed., LL.B. Tony DiPietro

Séan Eglinton, ACCI Laura Glithero, J.D. Victoria Phillips, RCM Tricia Size, R.I.B. (Ont) Lisa Skirten, CIM

Administrator Trish Kaplan, CCI (Hon’s)

National Representative Jennifer Dickenson, BSc(Hons),RCM

NEWSLETTER DEADLINES

Our newsletter is sent out quarterly. Please have the contact person from member cor- porations ensure that our Administrator is provided an updated Board of Directors list- ing, along with their mailing particulars, whenever there is a change and certainly prior to each mailing — no later than the 1st of August, November, March, and June . There is often a change in your board after an annual general meeting. This is a good time for your contact person to send the new board listing to CCI. Please email/ write the Administrator with this information here. You can CC your manager to let them know that you have carried out the task. They will be grateful for your assistance. 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 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 mailings of the magazine to the members. We do not provide ACMO with our mailing lists.

We thank you in advance for your attention to this message.

2019/2020 - 4 —3

Before you go any further...

The information and opinions contained in this publication are brief sum- maries 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 con- tact 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 [email protected]; 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.

•

Chapter Communiqué - by Trish Kaplan, Administrator

Coming Soon...

to the depths of our patience. Wash hands often, physical distance, wear a mask, avoid touching face, cover your face when coughing or sneezing and stay home when you are sick are your personal assignments and priori- ties. Testing, tracing, isolation and quarantine are all the steps we must also be familiar with in the event we are in contact with someone who tests positive or has symptoms. “Stay Home” and “Stay Safe” is our mantra now and for however long it takes. Companies designated as es- sential services continued to service the community these past months. They made considerable safety ad- justments to the way in which they implement their services to protect their employees and their clients. More often than not, they also in- curred substantial cost to do so. This virus was a wakeup call on so many fronts. It is astounding to be

A video series is being created to share condo- minium topics with you by professionals who serve in our communities. They will be expanded over time. Notification of online availability will be sent to the members through an Email Com- muniqué.

Flowering trees, a very welcome sight, are often the first real sign of spring. It was conceivably even more so this year because many of us were staying and/or working at home. We were able to enjoy them from our windows. Hopefully, you are all able to enjoy the sunshine we’ve been having, while staying safe. It’s true, COVID -19 has taken over our lives. The first Canadian case was reported by Health Canada on Janu- ary 25 th , 2020 in Toronto. On March 11 th , the World Health Organization declared a pandemic. State of Emer- gency was declared for Ontario on March 17 th and in London on March 20 th . The urgency of the declaration was outlined and closures began shortly thereafter. Sadly, we are not done with it just yet, nor do we know how long we will be under the threat we are all exposed to. We must continue to dig

4 — 2019/2020 - 4

… Chapter Communiqué

reminded of just how many essential services are involved in keeping us all safe. They are workers who are con- sidered critical to preserving life, health and basic societal functioning in our towns and cities and beyond and who despite the risk to them- selves and their families, got the job done. Many others stepped up to support our hard-working front-line workers to share their strength so they could accomplish miracles in often very difficult jobs. We applaud and thank every one of them for their care and commitment. Like it or not, we’ve settled into rou- tines of working at home and attend- ing to business as usual however that may have evolved. Day to day we are dealing with the realities. There are so many unknowns, even when there is so much information available. We can and must do this together. Look out for each other, be kind to each other, follow the guidelines and be safe for yourself, your loved ones and for those in the communities we live and work in. While the re-opening program continues, we are reminded to follow the guidelines as much as possible, including “Stay Home” as much as possible and take extra cau- tions when out and about. Remember that even if you do not have symptoms, you may be a carrier. We must all operate with best prac- tices to keep safe. If you do develop

symptoms follow the Middlesex- London Public Health guidelines. London’s COVID -19 Assessment Centres are operated by the London Health Sciences Centre, St. Joseph’s Health Care London, the Thames Valley Family Health Team, the Mid- dlesex-London EMS, the Middlesex- London Health Unit and the City of London. Check out this website for locations and hours of operation. You can also monitor cases, where the summary is updated at 12:00 pm daily, in our area here. We are all tired of physical isolation. The virus is not. You are reminded that wearing a face covering when physical distancing is a challenge will show that you care for others. For more about face coverings, go here. You can also follow openings on the City of London website.

Membership Renewals

The membership renewal process was different this year. We took into account the manner in which we could avoid the spread of the virus, so the renewals went via email. Thank you so much to all of you who have been so prompt with your responses and con- tinued support. We truly appreciate it. EFT is avail- able now – transfers can be made to [email protected]. We are especially pleased to receive your greetings letting us know how you are doing through these uncertain times. From ac- counts, we are expanding our horizons and learning new ways to fulfill our responsibilities to the communities and to reach out and touch family and friends. Thank you all.

TK

We share our heartfelt condolences with all who have lost family members and dear friends during these past months. Their grieving process, that would ordinarily include those close to them, who could best help them through this heartbreaking time, was marred dramatically with restrictions that undoubtedly amplified their sadness and grief. May your memories keep you strong.

2019/2020 - 4 — 5

CCI Review Has Gone Digital

CCI’s AGM

As you know, CCI is a non-profit organization. Funding for the organization mate- rializes from membership fees, advertising, sponsorships, and participation at events. COVID- 19 has put a definite and abrupt dent into this year’s budget plans. In order for us to follow health guidelines to insure that our members remain safe, postponements were put into place and new plans promptly organized so we could proceed to share while maintaining our budget goals. While going digital was in our strategic planning for the future, COVID-19 brought that forward very quickly, not only to meet the funding portion of printing and mailing but also to minimize the possibility of spreading the virus. Once we have finalized the fourth edition of the CCI Review , it will be posted on our website. The benefit to an online version of our newsletter, includes our ability to expand on the number of articles we share. We appreciate your understanding in this new venture.

September 22 nd, 2020

We are all being chal- lenged with coming up with a plan of action rela- tive to meeting dates and whether we will be able to do it in-person or via so- cial media. For condominium corpo- rations: On May 12 th , 2020, the Government of Ontario passed Bill 190 which amended the Condo- minium Act, 1998 with a number of temporary , province-wide, changes to help condominium com- munities during the COVID-19 pandemic. Please visit the Condomin- ium Authority of Ontario for more information and updates. We will continue to follow guidelines put out by the Middlesex-London Public Health Unit relative to in- person meetings and noti- fy our members with in- formation on the process we will follow, all the while protecting our friends in the condomini- um communities.

EVENT RECAP

This annual seminar is, and has been, one of our most popular seminars in our chapter. So as not to disappoint, this year, it became a Zoom Meeting. Eighty-four (84) pre-registered to join us. Thank you to everyone who participated in any way .

We look forward to other conversations in the future - on subjects that were covered.

Thanks to Jeffrey Bell who gathered an amazing group of legal counsels to share their time and expertise. We are always so grateful to them for their time, expertise and leadership. They covered a vast number of topics of interest.

Organizer and Moderator Jeffrey Bell, Scott Petrie LLP

Monitoring the Chat Section (for questions only) Laura Glithero, J.D., Cohen Highley LLP Legal Experts Michael H. Clifton, Clifton Kok LLP Casey Hayward, Carlyle Peterson LLP Chris Jaglowitz, Common Ground Condo Law Michelle Kelly, Robson Carpenter LLP Marshall Mayne, Carlyle Peterson LLP Kristi Sargeant-Kerr, Scott Petrie LLP Barry Scott, Scott Petrie LLP Stephanie L. Sutherland, Cohen Highley LLP

Thanks to our sponsors for their generosity to this event.

6 — 2019/2020 - 4

Sale of Units During the COVID - 19 Pandemic - by Jennifer Dickenson, Vice - President

themselves and their building healthy. If someone sees something contrary to the cur- rent restrictions, they can call by-law enforcement to address it. Superintendents should be notified immediately after the movers exit the building for the last time, so they can start disinfecting the hallways, ele- vators and entrances to the building. Residents are respon- sible for sanitizing their own units (door handles included).

There is a lot of anxiety around the transmission of the COVID-19 virus (rightfully so). Boards and Condo Managers have been over- whelmed with all of the new con- siderations, restrictions and poli- cies they’ve had to put into play in the last months since the virus came to Canada. One thing most didn’t think of right away was the sale and pur- chase of units. I mean, who would sell or buy right now?! Well, there are all sorts of reasons, including already completed agreements. We aren’t to question “Why?”, but we should also discuss “How?”. There are some steps each corpo- ration, or at least the condominium management company, should take right now. Corporations should create a policy for move-ins/outs. A manager can create a generalized policy and then modify for each corporation. Where a policy al- ready exists for your high-rise buildings, it should be reviewed and include the following and where a policy does not exist for other types of condominium build- ings, here are items to get you started:

•

Jennifer Dickenson, BSc (Hons), RCM is a condominium manager at Dickenson Condo Management. She was elected to the CCI Board of Directors at the AGM of 2016 and served in various positions of the chapter. Jennifer is currently the VP of the Chapter. Effective June 1 st , 2020 she also assumed the du- ties as the National Representa- tive for the Chapter.

With move-ins , every high-rise should have closed their in-house office doors to non-employees right now, so those moving in will need to be informed how to regis- ter to get a parking space or their laundry access card, etc. With move-outs , the same thing applies. Fobs, laundry cards or oth- er passes shouldn’t be returned person-to-person right now, so find a system that works for your building. (Many are using enve- lopes and dropping them at the corporation’s drop box with re- fund payment and receipt.) Con- sider ripping up the deposit cheque instead of returning it (show proof of destruction of the cheque). Once you have a policy prepared and approved by the Board, send it to ALL owners and include it in the status certificate. As a way to nip some potential issues in the bud, consider cre- ating a policy for sale of units. Many people aren’t able to get their short-term lease income right now (legally or otherwise), so we’re anticipating seeing some units go

Include items like:

Confirmation the resident moving in has spoken to their moving company (if applica- ble) to learn their Physical Dis- tancing policy and how they plan to apply it. This applies to townhouses as well as high- rises. By learning the moving company’s policies, the resi- dent can help reduce the risk of spreading the virus, keeping

•

2019/2020 - 4 — 7

Landmark Decision: No More Liens for En- forcement Costs, and the Duty to Negotiate in Good Faith - by Laura Glithero, Director, & Stephanie Sutherland

owner’s common expenses and lien for enforcement costs without a Supe- rior Court order. The Judge found that section 134 of the Act made it clear that those enforcement costs could only be added to common expenses if a court enforcement order had been made, and that any indemnity provi- sion in the Declaration was contradic- tory to the Act. As the Act would rule over the Declaration, the provision in the Declaration was not valid. Specifi- cally, the Judge found that the condo’s interpretation of their own indemnity provision in the Declaration was “unreasonable”. In our view, the condo industry in On- tario will need to carefully consider the risks of charging back the legal costs incurred for enforcement matters. Oppression – Duty to Negotiate in Good Faith In addition to the court’s finding above, the larger issue dealt with in this decision was the condo Board’s failure to comply with its duty to nego- tiate in good faith. The Court noted that, in this case, the unit owners had made all efforts to address and resolve the issue, including requesting to meet with the condo Board and neighbour- ing unit owners to discuss solutions; retaining their own engineer to come up with solutions to smoke and odour transfer; and even temporarily moving out of the unit so that there was no smoking in the unit while the matter was (hopefully) being resolved. Despite the unit owners’ efforts, the condo Board: refused to meet with the owners; demanded immediate cessa- tion of the smoking (despite there not, at the time, being a non-smoking pro- vision in the condo’s documents); ap-

The Ontario Superior Court of Jus- tice’s recent decision in the case of Amlani v. York Condominium Corporation No. 473 is a landmark decision for the Ontario condominium industry. The facts in Amlani are lengthy, but briefly, the unit owner was the subject of nui- sance complaints about smoking in the unit. The parties participated in media- tion, unsuccessfully, and the condo ultimately charged the unit owner over $25,000 in legal fees related to the nui- sance issue. The unit owner successful- ly brought an oppression claim against the condo and the board was found to have not acted in good faith. As a re- sult, not only was the lien discharged, but the owner received damages for oppression. There are two areas in the decision that we think condo boards and man- agers should be aware of: (1) whether/ when a condo can lien for pre- litigation enforcement costs or, in fact, add legal costs for compliance matters to the common expenses of a unit owner, and (2) the duty of a condo’s Board of Directors to negotiate in good faith when it comes to enforce- ment matters. Adding Legal Fees to Common Ex- penses and Liening for Non-payment The condo argued that it was entitled to add its legal costs to the owner’s common expenses and lien for en- forcement costs under section 85 of the Condominium Act, 1998 (the “Act”). It argued that the condo was entitled to do so because of an indemnity clause in its Declaration. The Court found that the condo could not add the legal costs for pre- litigation compliance matters to an

Laura Glithero, JD is a partner with Cohen High- ley LLP in London and Stephanie Sutherland is an associate in our Kitche- ner Office. Cohen Highley LLP has offices in Lon- don, Kitchener, Chatham, Sarnia and Stratford. Laura and Stephanie provide risk management and regulato- ry compliance advice to condominium corpora- tions, unit owners, and property management companies.

8 — 2019/2020 - 4

… Landmark Decision

pointed a mediator and scheduled the mediation with- out consulting with the unit owners; hired its own engineer to provide a report that there could be no ‘perfect seal’ rather than a report on possible solu- tions; left halfway through the mediation due to ‘another appointment’; and tried to make the unit owners pay for the entire mediation costs despite a provision in the condo’s by -law that the costs should be shared. Also, when the condo did pass a no- smoking rule with a grandfathering provision, it re- fused the unit owner’s application on the grounds that he no longer lived in the building, despite the owners having moved out only temporarily to ensure no smoking in the unit while the dispute was being ad- dressed. Section 37 of the Condominium Act, 1998 requires that “Every director and every officer of a corporation in exercising the powers and discharging the duties of the office shall, (a) act honestly and in good faith…”. There is also the Business Judgment Rule, which the Ontario Court of Appeal (in the decision 3716724

Canada Inc. v. Carleton Condominium Corp. No. 375 ) found applies to condominium corporations. That Rule states that if a decision by a Board is made hon- estly, prudently, in good faith and on reasonable grounds, it will not be second-guessed by the court. The converse of that Rule is that Boards of Directors are required to act honestly, prudently, in good faith, and to make decisions on reasonable grounds. The Court found that the condo had breached the provision of its by-law which required the condo to use best efforts to resolve any disputes, and was not protected by the Business Judgment Rule, because it did not act in good faith. As a result, the Court or- dered that:

The lien was to be discharged;

The sales proceedings of the unit were stayed;

The unit owners would pay no part of the en- forcement costs, aside from those costs be- coming part of the common expenses for the condo and the unit owners continuing to pay their common expenses; The unit owner would be grandfathered for the no-smoking rule; and The condo had been oppressive and was there- fore to pay the unit owners the amount of $9,679.75 for damages incurred by them as a result of the condo Board’s bad faith actions. This decision should be noted and taken very serious- ly by condominium corporations. It is clear from the Court’s findings in this case that Boards of Directors have a serious obligation to work in good faith with unit owners to come up with solutions to conflicts, rather than moving aggressively and unilaterally to- ward enforcement. If a Board fails to comply with its duty to negotiate in good faith, there could be serious financial implications for the corporation, which then impacts all unit owners. It further speaks to whether or not to add legal costs for compliance matters to an owner’s common expenses without a court order to do so. The answer to that is: Don’t do it. The Court’s decision is not yet available online. If you would like a copy of the decision, or if you have ques- tions about this bulletin, you can contact Laura Glithero or Stephanie Sutherland.

2019/2020 - 4 — 9

… Sale of Units up for sale. Also, some residents are owners’ children who have completed post-secondary education and the unit no longer serves the same purpose. Whatever the reason, there are still units moving on the market (despite the drastic reduction). Condo Managers can reach out to owners, pre-emptively with a communica- tion and include some of the following instructions: • Please reach out to your Condo Manager after you’ve signed the listing agreement with a realtor. • If the Condo Management company has the re- quirement, realtors should provide a signed copy of some form of a COVID-19 Buyer Disclosure Form, signed by those who are viewing the unit. The Cor- poration should keep these on file for at least two weeks. Lawyers may feel it beneficial to keep them for a different amount of time. • The realtors need to advise the building manager and/or the Condo Manager (whatever your policy dictates) whenever a showing is scheduled (Date AND time). We need this information so Superin- tendents can try to wipe all surfaces they may have come into contact with (were they peering into the gym’s windows, breathing onto the glass, etc.)

Some managers, realtors or owners might feel this is extreme, but we really need to help protect our residents (and our corporations). Showings have decreased dra- matically, so the imposition may be less than you think. Do what’s right for your residents, in the end. So, you’ve created a modified moving policy, a new poli- cy for showings, now what do you do with it after shar- ing with all owners the first time?

COVID-19 Buyer Disclosure Forms

Many of the real estate firms in London and area already have a form that outlines questions for potential pur- chasers of units. It will likely contain questions confirm- ing the potential purchasers of a unit have actual interest in the unit they will be viewing (not just looky-loos); that the viewers have not traveled outside of the country for the last 21 days; and other questions relating to limiting the risk of exposure to the virus. Speak to your realtor to see what they’re doing to limit risks right now.

Add a page to your Status Certificate

People will occasionally purchase a unit without using a realtor and sometimes without ordering a status certifi- cate (not you, though, because you’re smart and want to know what you’re investing in!). It is out of our control

10 — 2019/2020 - 4

… Sale of Units

whether or not a purchaser orders a status certifi- cate; however, most will at the recommendation of their legal counsel, their mortgagee or their realtor. Include at the front of the certificate the following: • Moving rules and how deposits are being han- dled • A description of the amenities that are currently closed and not accessible for viewing (they need to know what they are buying, but also know if they can’t use every single washer because you’re creating a social distancing pattern in the laundry facilities)

• Aesthetic renovations cannot be started upon purchasing a unit, due to the current govern- ment restrictions • The condo management’s policy on how they handle a diagnosis in the building Granted, most of these items are related to high- rises. Townhouse units, should still be considering implementing at least the moving rules, an amenity disclosure and a diagnosis policy. We’re all weathering the storm that is this pandem- ic as well as we can. Changes may be needed as time and issues evolve. As life continues, however modi- fied, if you have implemented these policies, it will be one less thing on your plate, when the selling and buying of a unit occurs at your corporation.

Any new cleaning procedures in place

•

• Elevator rules according to social distancing

JD

2019/2020 - 4 — 11

What Does Living at a “ Vacant Land Condominium ” Mean for Me? - by Jennifer Dickenson, Vice - President

pared to standard condo units.

There are a number of types of condo- minium. Of all the forms of condo- minium living, owning a vacant land condominium unit is the one that most resembles purchasing a lot in a regis- tered plan of subdivision. The main difference is that rather than the mu- nicipality assuming ownership of the roads and services within the subdivi- sion, the unit owners will share in the ownership of the roads and services as part of their common elements.

Change requests, maintenance or fi- nancial concerns should be presented directly to your property manager, who will share your concerns with the Board, at the next meeting. The Declaration decides if each unit pays the same or different monthly fee (see Schedule D), which is composed of expenses for common elements and often snow, lawn and garden mainte- nance. See the approved budget for more detailed information. Most units are only permitted to be occupied as residential or “private sin- gle family dwelling” units and may not be leased out as short-term rentals. The corporation’s governing docu- ments (declaration, by-laws, and rules) will include conditions or restrictions on the occupation and use of the units. An Ontario court says condominium corporations can ban unit owners from renting out their properties on services such as Airbnb. (Ottawa- Carleton Standard Condominium Cor- poration No. 961 V. Menzies). It should be noted, where a condo cor- poration has not enforced the rules in the past, does not mean that the rules are not binding. While the insurance for any buildings constructed upon the vacant land units must be obtained by the individual owners, the Corporation carries insur- ance with respect to the common ele- ments. Make sure you are covered not just for a condominium unit, but a vacant land condominium. A funding plan, called a Reserve Fund Study, is prepared every three years. It guides the Board on how much to save for the repairs and replacement of common elements.

Jennifer Dickenson, BSc (Hons), RCM is a condo- minium manager at Dick- enson Condo Manage- ment. She was elected to the CCI Board of Direc- tors at the AGM of 2016 and served in various posi- tions of the chapter. Jen- nifer is currently the VP of the Chapter. Effective June 1 st , 2020 she also as- sumed the duties as the National Representative for the Chapter.

Getting Started

If you are buying from a builder, you will receive a package of materials called a disclosure statement. This is provided to all original owners before the Corporation is registered. With a resale condo, you must request and pay a fee to receive a similar package called a Status Certificate, which is provided by the condo corporation. Both packages include copies of the declaration, which sets out the defini- tion of units and common ele- ments, and by-laws governing how the condo will be run. It's important to read your condo's declaration, and to understand the design standards and maintenance requirements. Homeowners are encouraged to be- come proactive in condo living by considering to serve on the Board of Directors when a position becomes available. There are usually three or five directors’ positions which are for three-year terms, with one coming up for election every year. The Board deals with changes visible from the outside, to maintain an aes- thetic at the complex, but your unit is not owned by the Corporation. Lower condo fees result from maintaining the property but not your homes, com-

12 — 2019/2020 - 4

… Vacant Land Living

What Do I Need to Do When I First Move In?

Pets – Owners are always expected to promptly pick up after their pet. Parking – You’ll be required to park at your unit or designated space. Please make sure you do not park on the road or greenspaces.

Contact your Condominium Management company, to set up payment of your Common Expense fee (a.k.a. Condo Fee). They can provide you with some documentation to fill out, which is collected and maintained for Corporation records (who is on title, vehicle information, etc.). Read through the Corporation’s rules. The booklet of rules would have come with your Status Certifi- cate. The number of rules may seem overwhelming, but make sure you have at least a good grasp on the basics. RULES to know IMMEDIATELY Landscaping – Are you allowed to make modifica- tions without Board approval? Garbage – Is there a specified time to put your gar- bage out or bring it back in?

Look for details to be spelled out in your rules.

Maintenance Standards – Many vacant land Corpo- ration have a list of different standards owners are required to follow, when making changes to the common elements, with permission. It is the Owner’s responsibility to keep a record of any approved changes. If in doubt, contact the Prop- erty Manager. Keeping a copy of approved changes in a Homeowner booklet with the condo rules and maintenance standards is recommended.

JD

2019/2020 - 4 — 13

Shedding Light on Your Dark, Scary Attic - by Greg Corbiere & Kevin Boneham

Attics are an important part of your building! Look, we get it. They can be dark, scary, and often overlooked. We will help you conquer that three-headed attic monster and enlighten you on what a functional attic can do for your building – and your wallet!

The most common attics in our climate zone are unconditioned spaces. This means they are not heated or cooled like the inside of your home. There are several compo- nents that make up this type of attic, including: roof shingles, shingle un- derlayment, sheathing,

Greg Corbiere, B.E.Sc., P.Eng. Sr. Project Associate gcorbiere@edisonengineer s.ca 226-580-6185

Figure 1: Attic Components.

wood framing, passive vents, vented soffit pan- els, rafter vents, insulation, vapour barrier, air seal caulking/weatherstripping, an access hatch, drywall ceiling, and more. Let’s dive deeper into common issues we see in unconditioned attics, the three most important aspects of your attic, what a well-functioning attic can do for you, and what an Engineering Consultant can do for you!

Time to Conquer your 3 - Headed Attic Monster

The 3-headed attic monster – not so scary, just misunderstood. We want to make this monster happy, because when it is unhappy, it can create all kinds of problems for you, including:

Ice Damming •

Damaged roof shingles, sheathing

Leaks into living space

• •

Icicle hazards

Kevin Boneham , BSc. Arch. Tech. Project Associate kbonham@edisonengineer s.ca

Roof Shingle Failure •

High shingle temperatures

Shorter asphalt life

•

Condensation in Attic • Mould growth • Wood damage/rot

Uncomfortable Interior Temperatures • Heat escape in winter (conduction) • Heat entry in summer (radiation) • More expensive utility bills

14 — 2019/2020 - 4

So, How Do We Make Your Monster Happy?

Easy – we give it what it likes. This monster likes a cold space, a dry space, a space separated from its downstairs dwellers, and fresh air. But how do we provide these conditions for your monster? By ensuring the three most important aspects of your attic (insulating, air sealing, and ventilating) are optimized.

Insulating

The insulation in your attic is designed to limit thermal transfer between your condi- tioned living space and your unconditioned attic space. Types of insulation used typically include loose-fill or blown- in, 2’x4’ batt, or even spray foam. Older buildings will often have less than optimal levels of insulation due to the building code requirements at the time of construction. Proper insulation can help create a thermal barrier between spaces, increasing comfort and even reduced energy use.

Figure 4: Properly Insulated Attic.

Air Sealing

Attic air sealing is the process of limiting air leakage between your conditioned living space and your unconditioned attic space. Ceiling penetrations such as light fixtures, exhaust fans, the access hatch, and along tops of walls are typi- cal areas of concern. Ensuring these ceiling penetrations are sealed will help create a successful and functional air separation between the two spaces. Air sealing is typically provided by your drywall ceiling and/or a vapour control layer on top of your drywall ceiling.

Other key air control measures include making sure your bath- rooms and clothes dryer fans exhaust to the outside and are not pumping hot, humid air into your attic!

Figure 5: Common Sources of Air Leakage.

2019/2020 - 4 — 15

… Attic Monster

Ventilating

Attic ventilation is the process of creating air flow through your attic, using low venting and high venting. Most attics in our climate zone rely on passive venting – a natural process where warmer air rises and gets replaced with colder air from below. Another main contributor to ventilation is wind. Low venting typical- ly includes perforated soffit panels and high venting can include box vents or ridge vents. Proper ventilation will help increase colder and dryer attic space conditions; however, the key contributors are proper air sealing and insulating.

Together, proper insulating, air sealing, and ventilating can provide you with optimal attic conditions – mak- ing your attic monster very happy! It will increase resident comfort, improve your building’s performance, and increase the service life of your shingles and other roof components. Figure 6: Good vs. Bad Ventilation.

What can an Engineering Consultant do for you?

Have your attic space and roof shingles reviewed by your engineering consultant prior to setting final project budg- ets. This review will provide the Board with critical information on how your attic monster is feeling – and how your attic is performing – before you undertake repairs. It is far more economical to complete attic repairs or upgrades in combination with a shingle replacement project. This allows contractors to remove or repair damaged roof sheathing and provides easy access to your attic from the outside! No need to have contractors fighting through that attic hatch in your closet. Finally, reviewing and upgrading your attic with a re-roofing project will ensure you are maximizing your new roof’s service life and optimizing your investment. It may also make sense for you to review and upgrade your attic during government home-efficiency rebate programs – when you can recuperate some of the upfront costs, and then reap the long-term energy benefits.

Want to Learn More? Edison Engineers can assist you through this process; just give us a call or email! Greg Corbiere, B.E.Sc., P.Eng. can be reached at [email protected] or 226- 580-6185.

GC, KB

16 — 2019/2020 - 4

The Emotional Cost of Management - by Alana Haggis

can mitigate to promote a calm co- operation and response. Next, envision your “personal life” is multiplied by the number of units in just one corporation (let alone more than one which is usually the case for every manager). In this scenario you are really not the Boss! The Board of Directors that hired the management company is the Boss; the owner of the manage- ment company is the Boss; owners, not all of them equal, consider themselves the Boss; and then add the government and the many evolving modifications to legalities in the industry into the equation of Boss(es) and we become masters of compartmentalizing to keep every- one satisfied with the responsibili- ties we have assumed on behalf of a corporation. And let’s not forget the personalities and the crises that might evolve in any number of the Boss(es). Taking all of these elements into account, it stands to reason, the stress level of a condominium man- ager might be off the charts. Some of us are legitimately used to deal- ing with some stress and even fre- quent upheavals in our “personal life” so it’s not uncommon for any of us to stop paying attention to ourselves and by that I mean our inner selves; that is, until we get a wake-up call: the cold that never seems to go away, lethargy, con- stant mood swings, unhealthy diets, and yes, how do we fit in a gym date on a regular basis when there is no “regular basis”? In some cas- es, we might suffer worse case sce- narios, including panic attacks and heart disease. There is the emotional side of con- dominium management; because as

We all know the constant struggle of trying to juggle many different balls in the air of our personal lives, but not many realize how much juggling is involved as managers of corporations, including how we cope to keep everyone satisfied with the assignments we are tasked to do. For example, if one corporation is equivalent to one personal life, con- sider all that is involved in the fi- nancial security and safety of family and home, as well as the very lengthy list of your “personal life” responsibilities. Also, don’t lose sight of the fact that there are dif- ferent personalities and what might be considered life crises that will undoubtedly come up in the day to day demands of a family. No one is immune from life’s obstacles. The coping mechanisms of how to deal with them is the mystery. In this scenario, we might be considered the Boss (although that just might be questionable depending on your family structure). As managers, we all strive to learn to interact as courteously and pro- fessionally as possible at all times. This does help alleviate stress for ourselves and for those we interact with. Not everyone is adept at cop- ing with anger, contempt and even fears at their life’s situation and it isn’t unusual for one experiencing this condition to lash out at some- one and that can be the manager. We have all learned to recognize emotions through communications and do the best we can to calm alarming behavior with the skills we endeavor to master such as listen- ing and (hearing). While we are not professional psychologists, life’s experiences can teach us how we

Alana Haggis , RCM is a man- ager with Sunshine Property Management. Alana manages 9 properties around London and Strathroy. She has been a mem- ber of CCI for five years and hopes to contribute more to the organization to pass along edu- cational benefits to others in the industry.

2019/2020 - 4 — 17

… Emotional Cost

much as we all like to think we won’t take it person- ally, we do. We’re human. It’s in our genetic make up to be compassionate and caught up in the mo- ment of a deeply stressful situation. We don’t want to lose that human side of ourselves, because then how much can we pay forward to the owners who rely on us. It’s easy in theory when we read all these human resource books on how to deal with difficult people or behaviours, but a totally different story trying to exercise these techniques on a tele- phone after being called various colourful names and told “to get out of town on the horse we rode in on”. Remember, there are personalities and crises to deal with every day. Occasionally we must go through what this writer calls the “little deaths”. Little deaths are the corpo- rations we lose, whether the contract expired and they chose a different company, or the Board just didn’t “like” you or thought you were incompetent. This is being fired, repeatedly if you take the num- ber of Boss(es) you are reporting to in this scenario, instead of just once. Like any lost job, we go through a process of grief that includes loss, anger, denial, acceptance. Unfortunately, this is going to happen, more

acknowledged in the industry that there is a serious lack of condominium managers. The competitive- ness can also create a lonely world to work in. There isn’t a lot of emotional support out there ei- ther and unfortunately, the act of keeping all the balls in the air is draining. We should acknowledge that we are all human and be cognizant that bouncing experiences (both good and not so) off one another is not only a positive practice for work techniques, but also for cathartic reasons as well. Organizations such as CCI, where we can get to- gether, benefit us in many ways. It provides oppor- tunities to build growing relationships with contrac- tors, and especially other condominium managers to best serve the community and for the simple fact that we are all in this together. Understanding that corporations will move forward to a competitor and that it is not uncommon for them to return in the future or that managers will move from one company to another (possibly more than once) working together can be so constructive to having a cohesive industry in our community, where the corporations benefit from our shared experiences and we gain from knowing that we aren’t alone in the world of condominium manage- ment. Chances are someone is just as frustrated or as satisfied as you are right now. . AH

likely because the contract is up, but also possibly be- cause your work ethic and experi- ence wasn’t ac- cepted. We mourn the rela- tionships we’ve built with owners of every corpora- tion that we’ve managed for years: the shared relationships with so many and in personal ways that create a sense of emotional loss with those you do care about.

Golf Tournament

September 21 st , 2020

The links are definitely calling our name; however, we are absolutely deter- mined to do everything in our power to keep folks safe. Postponements have occurred. Now, September 21 st , 2020 is our target date, all being well. There will be guidelines to fol- low. We hope to see you on the links on this very date.

It has been

18 — 2019/2020 - 4