CCI CondoVoice Spring03 · CCI CondoVoice_Sum06 10/17/06 12:50 PM Page 1. CCI CondoVoice_Sum06...

www.ccitoronto.org VOL. 10, NO. 4 • SUMMER 2006

PM #40047005

PUBLICATION OF THE CANADIAN CONDOMINIUM INSTITUTE - TORONTO & AREA CHAPTER

PUBLICATION DE L’ INSTITUT CANADIEN DES CONDOMINIUMS - CHAPITRE DE TORONTO ET RÉGION

■ Legislative Update

■ Individual Metering forCondominiums

■ Proposed CondominiumInformation Network

■ Implementation of WasteReduction Levy forMulti-Unit Residences

■ Director/Manager Fraud

… and more

™

BoardConfidentiality

■ Legislative Update

■ Individual Metering forCondominiums

■ Proposed CondominiumInformation Network

■ Implementation of WasteReduction Levy forMulti-Unit Residences

■ Director/Manager Fraud

… and more

Confidentiality Board

CCI CondoVoice_Sum06 10/17/06 12:50 PM

Summer 2006 thecondovoice 3

Canadian CondominiumInstitute / Institut canadien

des condominiumsToronto & Area Chapter

2175 Sheppard Ave. E., Suite 310Toronto, Ontario M2J 1W8

Tel.: (416) 491-6216 Fax: (416) 491-1670E-mail: [email protected]

Website: www.ccitoronto.org

2005/2006 Board of DirectorsPRESIDENT

Janice Pynn, RCM, ACCI, FCCISimerra Property Management Inc.

VICE-PRESIDENTSJohn Warren, C.A.

(Chair, Membership CommitteeMember, Conference Committee)

Adams, Masin & Tilley LLP

Armand Conant, B.Eng., LL.B., D.E.S.S.(Chair, Legislative Committee)

Maclaren Corlett LLP

SECRETARY/TREASURER

Bob Girard, B.Comm, RCM(Chair: Special Projects Committee)

AA Property Management & Associates

PAST PRESIDENTJ. Robert Gardiner, B.A., LL.B., ACCI, FCCI

(Member: Legislative Committee)Gardiner Miller Arnold LLP

BOARD MEMBERS

Gina Cody, P.Eng., M.Eng., Ph.D., ACCI, FCCI(Chair, Education Committee

Co-Chair, Public Relations Commitee)Construction Control Inc.

Henry Cohen(Member, Special Projects Committee)

YCC #0074

Mario Deo, LL.B.(Chair, Public Relations CommitteeMember, Conference Committee)

Fine & Deo LLP

Lisa Kay(Member, Special Projects Committee

Member, Conference Committee)Maxium Condo Finance Group

Tom Park, P.Eng(Member, Membership Committee

Member, Website Committee)Golder Associates Ltd.

Vic Persaud, BA(Chair, Website Committee

Member, Membership Committee)Suncorp Valuations Ltd.

Bill Thompson, BA, RCM, ACCI(Co-chair, Membership Committee)

Malvern Condominium Property Management

EX OFFICIO DIRECTORJasmine Martirossian, B.A., M.A., PhD.

ADMINISTRATOR - Lynn MorrovatADMINISTRATIVE ASSISTANT - Josee Lefebvre

™ ContentsFeatures

6 Board Confidentialityby Brian HorlickThe implementation of a code of ethics that codified the directors' duty ofconfidentiality would serve to maintain highest standards of ethical conduct for all directors of condominium corporations.

8 Legislative Updateby J. Robert Gardiner, B.A., LL.B., ACCI, FCCISeveral provincial statutes affecting condominiums are currently in the works, orhave recently been enacted.

14 Individual Metering for Condominiums is One Step Closer!by Maria Dimakas, B.A., LL.B.The Energy Conservation Responsibility Act 2006 (the ECLA) is designed, among otherthings, to promote opportunities for energy conservation in condodminiums.

17 Proposed Condominium Information Networkby J. Robert Gardiner, B.A., LL.B., ACCI, FCCISome information on the possible establishments of a Condominium InformationNetwork (“CIN”)

20 Implementation of Waste Reduction Levy for Multi-Unit Residencesby Bob Girard, B.Comm, R.C.M.At the present time Condominiums, Apartments and Townhouses of 8 units or more,are recovering just 20% of recyclable items.

22 Director/Manager Fraudby Ron Danks and Craig RobsonImportant suggestions to reduce the chances of fraud as well as the extent of it, if itdoes occur.

CCI News5 President’s Message

26 A Thank You to the Members of CCI-Toronto

29 New Members

33 Upcoming Events


thecondovoice Summer 20064 thecondovoice Summer 2006

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Summer 2006 thecondovoice 5Summer 2006 thecondovoice 5

I

President’s Message™

Janice Pynn, RCM, ACCI, FCCI

n the President’s Message in the Summer 2005 CondoVoice, I wrote on theimportance of membership with the Institute as it allows a stronger voice tobe heard when CCI approaches various levels of Government on issues

affecting the condominium industry.

Specifically, I mentioned three initiatives we were working on at that time; the matter ofhydro security deposits being collected from condominium corporations by hydro providers,the development of a Legislative Brief to be presented to the Ministry on what we perceivedto be ‘glitches’ in the Condominium Act, 1998, and Waste Levy fees being implementedby the City of Toronto.

At this time I am pleased to announce success in our effort to effect change by lobbyingthe Ontario Energy Board (OEB) to amend the Distribution System Code, allowing thecurrent practice of hydro security deposits being held for seven years when a new customerhas no credit history to be reduced to a period of one year. This change will have asignificant positive impact on the cash flow of many condominiums – especially newercorporations.

Work on the Legislative Brief continues and it is hoped to present this information toMinistry officials before the end of the year. The implementation of the Waste Levy feeshas been delayed by the City until September 2007 however, CCI remains at the discussiontable to provide input for the smooth implementation of the fee process. (For furtherinformation on this issue – see Bob Girard’s article on page 20). Another initiative alsobeing looked at by CCI, is a tax appeal case on Condominium Guest Suites.We will provide updates on these initiatives as soon as information becomes available.

Membership renewals will be sent out on July 1st to all members. You are urged to not onlyrenew your own membership but to visit our website at www.ccitoronto.org to learn moreabout how you can become a CCI Ambassador to help recruit new members. Be sure alsoto read Bill Thompson’s article on page 26 – a fabulous overview of how your support ofthe Institute has allowed us to work harder for the industry as a whole.

CCI truly is the Voice of Condominium!

Janice Pynn, RCM, ACCI, FCCIPresident, CCI Toronto & Area Chapter


thecondovoice Summer 20066

Board Confidentiality

BY BRIAN HORLICK

HORLICK LEVITT BARRISTERS &SOLICITORS

exercise the care, diligence, and skillthat a reasonably prudent person wouldexercise in comparable circumstances.”

The Supreme Court of Canada hadreason to canvass the issue of confiden-tiality in the leading case of People’sDepartment Stores v. Wise et al. Inreviewing section 122 of the CBCA,the court stated that the CBCA estab-lished 2 distinct duties to be dischargedby directors and officers in managingor supervising the management of thecorporation. The first duty, being theduty to act honestly and in good faith,was described as a “duty of loyalty” ora “fiduciary duty”. The second duty,being the duty to exercise appropriatecare, diligence, and skill was describedas a “duty of care”. It is in the first dutythat the obligation of confidentialitywas found to exist. The court was ofthe opinion that directors and officersmust respect the trust and confidencethat have been given to them, and that

H

As important as the issue of boardconfidentialityis, there is adistinct lack oflegal decisionson this subjectin thecondominiumcontext.

owever, the standard ofcare prescribed by sec-tion 134 of the OntarioBusiness Corporations

Act (“OBCA) and section 122(1) of theCanada Business Corporations Act(“CBCA”) serve as a useful compari-son with the standard of care set out insection 37(1) of the Condominium Act,1998 (the “Act”). This is due to simi-lar wording found in both these statutesdealing with business corporations,even though neither the OBCA nor theCBCA apply to condominium corpora-tions.

The provision dealing with theobligation of directors and officers tokeep information confidential is foundin section 37(1) of the Act.Specifically, this section states that“Every director and officer of a corpo-ration in exercising the powers and dis-charging the duties of office shall, (a)act honestly and in good faith; and (b)



they must maintain the confidentialityof information they acquire by virtueof their position.

Not all information is, of course,confidential. However, directors andofficers must keep confidential all mat-ters involving the corporation that havenot been disclosed to the general pub-lic. In its simplest form, this wouldinclude issues relating to specific unitsor owners, contracts which third partysuppliers may be bidding on, and actu-al or pending litigation or insuranceinvestigations involving the corpora-tion. A good rule of thumb to keep inmind is whether or not the disclosingof the information would be contraryto the corporation’s best interests. It isinteresting to note that under section55(3) of the Act dealing with corpora-tion records, although the corporation isrequired to permit an owner, purchaseror mortgagee or their agent to examinethe records of the corporation, thisrequirement is subject to the exceptionsof confidentiality relating to thoserecords set out in section 55(4) dealingwith employees, litigation, insuranceinvestigations and specific units andowners.

A serious issue arises with respectto minutes taken at directors meetings.Minutes are records of the meetings andrecord their essential elements. Thisincludes all of the narratives which arenecessary to an understanding of theproceedings and the full text of all res-olutions. When confidential informa-tion is discussed at a board meeting,this should always be done on an “in-camera” or private basis and the infor-mation should not be referred to in anyway in the regular minutes. Minutestaken under such a circumstance shouldbe kept physically separate and apartfrom the regular minutes, and stored ina safe and secure area.

Directors and officers should beaware that there may be a significantcost to breaching their obligation ofconfidentiality. Such a breach wouldbe contrary to section 37(1) (a) of theAct, with the result that the director orofficer would be unable to rely on theindemnification clause found in section38(1) (a) and (b) of the Act. This sec-tion provides that the by-laws of a cor-

poration may provide that every direc-tor and officer be indemnified by thecorporation for any liability and allcosts, charges and expenses incurred bythe director or officer in respect of theexecution of the duties of office.However, section 38(2) goes on to pro-vide that where there has been a breachof the duty to act honestly and in goodfaith, the indemnification clause willnot be available. In addition to this,section 39 of the Act, which obligatesthe corporation to purchase and main-tain insurance for the benefit of direc-tors and officers, makes an exceptionwhere there has been a breach of theduty to act honestly and in good faith.The loss of the indemnity provision,coupled with a resulting loss in insur-ance coverage, may serve to make abreach of the obligation of confiden-tiality a very expensive one indeed.

Under section 56(1) of the Act, aboard may pass a by-law governing,among other things, qualifications andresignations of directors. Thought

should be put towards establishing acode of ethics for board members ofevery corporation. This would includea duty to maintain and not to discloseconfidential information, a duty to acthonestly and in good faith, and theexercising of care, diligence and skill.Any suspected violation of such a codeof ethics would be investigated, and inthe event a violation was in fact found,would lead to the automatic disqualifi-cation of such director. Of course, onewould have to keep in mind that thecontents of such a code would, bynecessity, be consistent with the Act,the by-laws, and rules of the corpora-tion. In this way, the implementation ofa code of ethics that codified the direc-tors’duty of confidentiality would serveto maintain the highest standards of eth-ical conduct for all directors of condo-minium corporations.



Smoke-Free Ontario Act - Section 9 (2) 3 of theSmoke-Free Ontario Act (previously the TobaccoControl Act, 1994) will provide that no person shallsmoke or hold lighted tobacco in any enclosed pub-lic place or enclosed workplace, including any com-mon area in a condominium or apartment building,including, without being limited to, elevators, hall-ways, parking garages, party or entertainmentrooms, laundry facilities, lobbies and exercise areas.Since balconies, patios and other outdoor areas arenot “in” a condominium, persons will be allowed tosmoke there.

Employers and proprietors (i.e., owners, oper-ators and persons in charge) must notify each work-er that smoking is prohibited in an enclosed work-place, post prescribed signs throughout the work-place (including washrooms), prohibit ashtrays andremove smokers from the workplace. Smoking ispermitted in private, self-contained living quarterswithin a multi-unit building or within other specifiedinstitutional residential care facilities. Certain areasmay be prescribed to be set aside as a permittedsmoking area.

The maximum daily fine for smoking in a pro-hibited area is $1,000 for the first offence duringany five-year period, and $5,000 for each offencethereafter. Of course, the Smoke-Free Ontario Actalso restricts display, sale and smoking of tobacco-related products in many other types of public areas.

Residential Tenancies Act – Bill 109 (GovernmentBill proposed by Housing Minister, John Gerretsen- Second Reading and placed under review with the

LEGISLATIVE UPDATEBY J. ROBERT GARDINER, B.A., LL.B., ACCI, FCCI

Several provincial statutes affecting condominiums arecurrently in the works or have recently been enacted...



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Standing Committee on GovernmentServices as of May 17, 2006). Theintent of this Bill is to make the land-lord/tenant scheme in Ontario more ten-ant-friendly. Landlords will now berequired to provide information to ten-ants about their rights and about theLandlord and Tenant Board (formerlythe Ontario Rental Housing Tribunal).

The board can remedy situationswhere landlords do not adequatelymaintain the premises (including anOrder blocking a rent increase in somecircumstances). Annual rent increaseson occupied apartments will be restrict-ed to the rate of inflation. Previously,a complicated formula was applicable.

Landlords will be able to continueto rent vacant units at whatever rent anew tenant will be willing to pay.

Landlords will be entitled torecoup the cost of capital projects (suchas new windows or balconies), but at arestricted recovery rate of 3% per year.Once the landlord has recouped thecost, the rent must be reduced accord-ingly.

Landlords will be entitled to evict

a tenant only upon proof of non-pay-ment of rent at a hearing. On the otherhand, tenants who vandalize their unitscan be more expeditiously evicted. TheBoard can require that the Sheriff expe-dite an eviction order if a tenant is beingevicted for trafficking in illegal drugs,or doing some act that impairs a per-son’s safety. The maximum fine foroffences has been increased to $25,000for individuals and $100,000 for cor-porations.

The Residential Tenancies Act islikely to be amended later this year.Already landlords and tenants are eachdecrying various proposed revisions.The 3% cap on recapture of capitalcosts appears to be a significant dis-incentive for landlords to maintain orrepair their premises, giving rise to thepotential for run-down condominiumunits and apartment buildings.

Private Security and InvestigativeServices Act, 2005 - Bill 159(Government Bill introduced by theHonourable Monty Winter, Minister ofCommunity, Safety and Correctional

Services - Royal Assent on December15, 2005). A “security guard” is a per-son who performs work, for remunera-tion, that consists primarily of guard-ing or patrolling for the purposes ofprotecting persons or property. Section2 (5) refers to examples, such as a per-son who performs services to preventthe loss of property through theft orsabotage in an industrial, commercial,resident or retail environment. Section2 (7) allows regulations to exempt anyclass of persons.

The Explanatory Note to Bill 159stated that it was intended to regulateprivate investigators, security guardsand those who are in the business ofselling the services of private investi-gators and security guards.

Section 4 establishes a form oflicence to act as a security guard and aform of licence to engage in the busi-ness of selling the services of securityguards.

Section 5 requires a business enti-ty (such as a security company or a con-dominium which employs a security

continued …



guard) to register as an employer inaccordance with the prescribed require-ments and must provide the Registrarwith a mailing address for service inOntario. The business entity must noti-fy the Registrar of a change in its mail-ing address within five days of thechange.

Section 6 provides that no personmay act as a security guard employedby a licenced business entity unless theperson holds the appropriate licence

under the Act. In effect, condominiumswhich hire security guards as employ-ees will have to register as a businessentity and the security guard will haveto have his own individual licence. Ifthe corporation contracts for the servic-es of a security guard from a securitycompany, both the security companyand the security guard will have to belicenced.

While some condominiums haveraised questions as to whether aconcierge falls within the definition ofa security guard, they should review theconcierge’s job description and actualactivities. One might presume that inmany cases, concierges monitor securi-ty cameras or have the right to prohib-it entry to non-qualified visitors, inorder to protect the safety and securityof residents and their property.Condominiums having concerns shouldcontact the Ministry of CommunitySafety and Correctional Services –Private Investigators and SecurityGuards Branch. The licencing unit is atthe 15th floor, 777 Bay Street, Toronto,ON M5G 2C8 Attention: Ms. Rolf,Registrar, or Michael McBain, ActingDirector (416-326-0050).

Bill 21 – An Act to amend the EnergyConservation Leadership Act, 2006, theElectricity Act, 1998, the OntarioEnergy Board Act, 1998 and the

Conservation Authority Act (Govern-ment Bill proposed by the HonourableD. Cansfield, Minister of Energy -Royal Assent on March 28, 2006). Seethe article in this issue pertaining to Bill21 – the Energy Conservation Respon-sibility Act, with respect to smartmeters.

Bill 53 – An Act to revise the City ofToronto Acts and many public acts per-taining to municipal powers. (Govern-

ment Bill proposed by the HonourableJ. Gerretsen, Minister of MunicipalAffairs and Housing - First ReadingDecember 14, 2005). This Bill rede-fines numerous municipal powers,especially those related to highways,transportation, waste management,public utilities, economic development,licenses and land use planning.

Administrative penalties would bepayable by persons who contraveneparking by-laws. The City may notgive assistance to a manufacturing busi-ness or other industrial commercialenterprise through the granting ofbonuses, but the City is authorized toprovide other financial incentives tocommercial enterprises in specified cir-cumstances. Licensing powers withrespect to adult entertainment establish-ments, tow trucks and airport limou-sines are amended.

The City may pass by-laws gov-erning green roofs. Certain land usepowers are amended, including thedemolition or conversion of commer-cial rental properties and zoningrequirements respecting height anddensity. The City may establish oneappeal body for local land use planningmatters to hear appeals under specifiedprovisions of the Planning Act, with thesame powers and duties as the OMB.

The City is authorized to changeits governance structure, including its

wards, and the size and composition ofCity Council. The roles of CityCouncil, the Mayor, officers andemployees, executive committee andother committees, boards, neighbour-hood communities and communitycouncils are re-defined. Provisions per-taining to accountability and trans-parency, the manner in which CityCouncil conducts its business, procure-ment and sale policies and appeals areestablished. Criteria deal with budget-

ing and financial administration, capi-tal facilities, borrowing and investing,and the authority to impose fees andcharges for services and activities, andfor the use of its property.

The City is authorized to imposedirect taxes by by-law on classes of per-sons and entities. The City can collecttaxes for municipal and school purpos-es on property assessed under theAssessment Act, with some modifica-tions. A special levy may be imposed indesignated areas that benefit from spe-cial services or activities provided bythe City. Tax increases arising from re-assessment of a property are limited.

Provisions pertaining to offencesand fines are modified. Restrictionsapply to inspections of dwelling units,subject to court orders authorizinginspections and search warrants.Liability of members of council andofficers, employees and agents is limit-ed in specified circumstances. Criteriaapplicable to various Commissions areestablished. The City may pass a by-law before April 30th of each year,establishing two or three bands ofassessment for property for the purposeof facilitating graduated tax rates, andmay set the ratios that the tax rates foreach band must bear to each other. TheMinister of Finance may make regula-tions bearing the application of that pro-vision to condominium units.

While some condominiums have raised questions as to whether a conciergefalls within the definition of a security guard, they should review the

concierge’s job description and actual activities.



Bill 56 – Amending the EmploymentStandards Act, 2000, the WorkplaceSafety and Insurance Act, 1997, andthe Emergency Management Act.(Government Bill proposed by theHonourable M. Kwinter, Minister ofCommunity Safety and CorrectionalServices - First Reading December 15,2005).

This Bill would allow cabinet tomake emergency orders to promote thepublic good by protecting the health,safety and welfare of Ontario residentsin times of declared emergency (sub-ject to the Canadian Charter of Rightsand Freedoms).

Emergency Orders could be madeif believed to be necessary to preventor reduce serious harm or damage,including travel restrictions, evacuationprocedures, establishment of emer-gency facilities, construction of emer-gency works, restoration of facilities,procurement of goods, services andresources, fixing of prices, authoriza-tion of services by qualified persons

and collection and dissemination ofnecessary information.

Powers would be delegated to aMinister or the Commissioner ofEmergency Management. EmergencyOrders may supercede other statutoryrequirements and are effective for four-teen days during a declared emergency.The rights of the Chief Medical Officerof Health and the provisions of theOccupational Health and Safety Actcontinue to prevail. A harmed personcan apply for judicial review. TheMinister or Premier must report to thepublic on the emergency. The Premiermust report to the Assembly within 120days of termination of the emergency.

A person interfering with a personacting under an Emergency Order mayface fines of $10 million for corpora-tions, $500,000 for corporate directorsand officers, and $100,000 for an indi-vidual, with imprisonment for up to oneyear. No legal proceedings may betaken against government officials act-ing in accordance with an Order made

under the Act or for any other goodfaith performance of a duty empoweredby the Act, but neither the Crown northe municipalities are relieved of liabil-ity.

Acts carried out under anEmergency Order do not entitle aninjured person to compensation forexpropriation or injurious affection.Employees are entitled to unpaid leavein specified circumstances arising fromdeclared emergencies.

Bill 71 – The Heart Defibrillator UseCivil Liability Act, 2006 (PrivateMember’s Bill proposed by Mr. Crozier- First Reading February 28, 2006).

A person who owns or operatespremises or uses a defibrillator thereupon a victim of a perceived medicalemergency in good faith without grossnegligence or reckless misconduct isexempt from civil liability for any harmor damage that may occur. The owneror operator of the premises who fails to

continued …



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CONDOMINIUM SECTION

Maclaren, Corlett LLP is a full service law firm withoffices in Toronto and Ottawa; both having significantcondominium sections. The condominium section of thefirm’s Toronto office is headed up by Armand Conant,and represents many condominium corporations inToronto and the GTA. We work closely with our clientsto find practical, cost effective solutions to problems.For more information please contact:

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properly maintain the defibrillator is notexempted from civil liability.

Bill 85 – More Time to Appeal Act,2006 (Government Bill proposed by theHonourable D. Duncan, Minister ofFinance - Royal Assent, March 31,2006). The last day for filing a com-plaint pertaining to assessment of aproperty with respect to the 2006 taxyear has been extended to June 30,2006 (a time extension from the nor-mal appeal deadline of March 31 of thesame taxation year).

Bill 107 – Amends the Human RightsCode (Government Bill proposed bythe Honourable M. Bryant, AttorneyGeneral - First Reading April 26, 2006). The Bill would revise the administra-tion and functions of the OntarioHuman Rights Commission.

Applications relating to theinfringement of human rights underPart I of the Act are to be made direct-ly to the Human Rights Tribunal ofOntario. The Tribunal’s procedures and

powers will be revised. Part III of the Act relating to the

appointment, administration and func-tions of the Ontario Human RightsCommission would be repealed andreplaced. The Commission’s functionswould be revised to emphasize the pro-motion of respect for human rights inOntario and the elimination of systemicdiscriminatory practices.

The Commission can initiate appli-cations to the Tribunal with respect tosystemic discrimination; an Anti-Racism Secretariat and a DisabilityRights Secretariat will be established.Special programs may be designated.

Previously, persons submitted dis-crimination complaints to theCommission, which investigated, andeither settled, dismissed or referred thecomplaint to the Tribunal. This role ofthe Commission would be eliminated.Individuals would apply directly to theTribunal for their remedy. There wouldbe no limit on the amount of monetarycompensation that may be ordered bythe Tribunal, including compensation

for injury to dignity, feelings and self-respect.

The Tribunal would be given addi-tional powers to make orders pertain-ing to an application by theCommission. The Minister may enteragreements to provide legal and otherservices to the parties to a proceedingbefore the Tribunal. A court may ordermonetary compensation for injury todignity, feelings and self-respect wherea finding is made that a human right hasbeen infringed. Mark H. Arnold ofGardiner Miller Arnold LLP has beenappointed to the Ontario BarAssociation’s Task Force examiningthose proposed amendments.

J. Robert Gardiner, B.A., LL.B., ACCI,FCCI, is senior partner of GardinerMiller Arnold LLP, practicing condo-minium law at Toronto. Bob is a direc-tor and past President of CCI-Torontoand a member of its LegislativeCommittee.



Individual Meteringfor Condominiums Is One Step Closer!BY MARIA DIMAKAS, B.A., L.L.B., ASSOCIATE, FINE AND DEO, BARRISTERS AND SOLICITORS

Although the specific details ofhow the initiatives will be carried outare left to be determined by the regula-tions (which were not released with theproclamation of the ECLA), of partic-ular significance for condominium cor-porations, is that the ECLA will removethe barriers that have otherwise pre-vented the individual metering of con-dominium units.

The Smart MeteringInitiative

The ECLA amends the Electricity Act,1998 to provide for the mandatoryinstallation of smart meters or smartsub-meters, metering equipment, sys-tems and technologies by local electric-

ity distributors. The regulations to theECLA will ultimately establish:

• the circumstances under which suchdevices, systems and technologieswill be installed;

• the types of devices, systems andtechnologies to be installed;

• the property or classes of propertiesand locations where such devices,systems and technologies will beinstalled;

• the consumers or classes of con-sumers that will be affected by theinstallation of such devices, systemsand technologies; and

• deadlines for installation.

In order to facilitate the smart metering

Soaring energy costs,which often form thelargest expenditure ofthe budgets of condo-

minium corporations, have led boardsof directors to evaluate energy conser-vation initiatives. However, provisionsin the Condominium Act, 1998 haveoften prevented condominium corpora-tions from accomplishing such initia-tives. The Energy ConservationResponsibility Act, 2006 (the “ECLA”),which received Royal Assent on March28, 2006, is designed to, among otherthings, remove the impediments creat-ed by the Condominium Act, 1998 topromote opportunities for energy con-servation in condominiums.

The ECLA legislates two furtherinitiatives proposed by the OntarioGovernment, which are aimed at estab-lishing a “culture of conservation” toreduce the demand for energy inOntario. Specifically, the ECLA estab-lishes the legislative framework forconservation leadership and the imple-mentation of a smart metering program,which will facilitate the installation ofsmart meters in every home and smallbusiness in the province.



initiative for condominiums, the provi-sions of the ECLA will override anyprovision in the Condominium Act,1998, any other legislation, as well as,any provision in a registered condo-minium declaration that would other-wise prevent condominium corpora-tions from using such devices, servicesand technologies. For instance, theECLA overrides the requirements forunit owner approval in Section 97 ofthe Condominium Act, 1998 forchanges to the common elements or toservices provided by condominium cor-porations.

The greatest impact that the ECLAwill have on condominium corporations(and their budgets) is the legislation’sprovisions regarding the responsibilityfor the cost of electricity consumption.Currently, most condominium corpora-tions are bulk metered and their decla-rations require corporations to provideelectricity to the individual units and tocharge the cost to the corporation’s gen-eral fund. Obviously, the current situa-tion does little to promote energy con-servation. For instance, let’s say oneunit owner consumes more electricitythan another unit owner; the unit ownerwith greater consumption is notrequired to pay anything extra in com-mon expenses for his or her higherenergy use. Nor does the energy con-scious unit owner receive a rebate or areduction in common expenses. In fact,the energy conscious unit owner bearsthe cost of the unecessary energy con-sumed by others. The result is thatthere is no incentive to conserve ener-gy on the part of each individual owner,since no direct benefit is actuallyreceived.

Any change to a condominiumcorporation’s declaration that wouldtransfer the responsibility for the costof electricity to the individual unitowner would, if not for the ECLA,require the written consent of at least80% of the owners of all the units,which, for most condominium corpo-rations is an impossible task to achieve.

By overriding the provisions of theCondominium Act, 1998, the ECLAshifts the responsibility for the cost ofelectricity from the condominium cor-poration directly to the unit owner with-

out the need to comply with the unitowner approval requirements of theCondominium Act, 1998. Condomin-ium corporations will continue to beresponsible for the cost of electricity tothe common elements and any unit(s)they own. However, by shifting thecost, unit owners will now have anincentive to conserve energy. Whenpeople understand that their actionsimpact their costs, they are more likelyto be energy conscious.

In order to carry out the smartmetering initiative, the ECLA alsoamends the Electricity Act, 1998 to cre-ate a “Smart Metering Entity”, theobjects of which will include:

• planning, implementing, overseeing,administering and delivering anypart of the smart metering initiativeas required by regulation or by adirective from the Minister of

continued …



Energy to the OntarioEnergy Board (the“OEB”);

• collecting information anddata relating to the con-sumption of electricity;

• establishing, owning orleasing and operating data-bases to facilitate collect-ing, storing and retrievingsmart metering data;

• engaging in competitive procure-ment activities necessary to fulfil itsobjects;

• procuring meters, metering equip-ment and technologies and associat-ed technologies and systems onbehalf of electricity distributors; and

• fixing the costs for its activities bycharging rates approved by theOEB.

The Smart Metering Entity will alsohave the authority to establish the costof the devices, systems and technolo-gies, which will then be passed on tothe individual consumer in the form ofhigher rates.

Conservation LeadershipInitiativeIn order to promote conservation lead-ership in Ontario, the ECLA authorizesthe Lieutenant Governor in Council torequire “public agencies”, including aministry of the Government of Ontario,municipalities and entities that will beprescribed by regulation, to carry outconservation measures. The conserva-tion measures contemplated by theECLA would require “public agencies”to:

• develop periodic energy conserva-tion plans to address energy-con-suming technologies and operations,annual energy usage, current andproposed conservation activities,and achievements in energy conser-vation;

• achieve energy conservation targetsprescribed by regulation; and

• consider energy conservation andenergy efficiency when making

capital investments or acquiringgoods and services.

The ECLA also promotes conservationin the private sector by permitting theuse of goods, services and technologies(to be designated by the regulations)that would allow for energy conserva-tion, but which are otherwise currentlyrestricted.

In order to ensure compliance withthe conservation measures created bythe ECLA, the Ministry of Energy isauthorized to designate enforcement

officers who would be per-mitted to issue complianceorders where a person doesnot comply with the statuto-ry requirements.

FurtherConsiderations

The regulations to the ECLAwill, once passed, clarify the specificdetails of the smart metering initiative,and, in turn, determine the practicalimpact of the legislation on condomini-um corporations. In order for the smartmetering initiative to be effective in allcondominiums, the regulations to theECLA must address several practicalissues, including how smart meters willbe implemented in buildings that werenot designed for individual metering, ifat all, the significant costs to installsmart meters in such buildings, andalternative solutions.

The Smart Metering Entity will also havethe authority to establish the cost of the

devices, systems and technologies, whichwill then be passed on to the individualconsumer in the form of higher rates.



Proposed Condominium Information NetworkBY J. ROBERT GARDINER, B.A., LL.B., ACCI, FCCI

An Ontario governmentofficial has contactedthe writer to discuss aconcept that is current-

ly floating about the Ontario govern-ment pertaining to the establishment ofa Condominium Information Network(“CIN”).

The Condominium InformationNetwork would be intended to addressthe requirements set out in s. 5 (4) ofthe Condominium Act, 1998 (the “Act”)which provides that subject to regula-tions made under the Act, theCorporations Information Act appliesto a condominium corporation.Specifically, s. 177 (2) 7 and 10 of theAct allows the Minister to govern thecircumstances, forms and the mannerin which the Corporations InformationAct is to apply to condominiums,including the time at which that Act isto apply.

Section 77 of the Act also providesthat on the request of any person, thecorporation shall, without fee, providethe names and address for service of thedirectors and officers of the corpora-tion, the person responsible for themanagement of the property and theperson to whom the corporation has

delegated the responsibility for provid-ing status certificates. While corpora-tions must comply with s. 77 for free, ineffect, that information is usually onlyrequested in connection with the needof a purchaser or mortgagee to obtain astatus certificate in accordance with thecriteria detailed in s. 76 of the Act,Regulation contained in s. 48/01 andForm 13 at a cost of $100.

Initial government efforts torequire condominiums to file an annu-al Condo Info Notice, according to thenotice criteria applicable to a businesscorporation, stalled. Although condo-minium units make up approximately1/3 of all real property sold each year,the Ministry of Government Servicesdoes not have a meaningful overalldatabase pertaining to the condo sectorof its responsibilities. Ontario govern-ment commitments to focus future res-idential development by intensificationof existing urban areas, rather than per-mitting further urban sprawl into green-belt areas predicts a future of manymore condominium high-rise buildings.At the present time, nobody has anaccurate overall picture as to what con-dominiums exist, where they are, whatthey consist of or how to effectively

contact responsible persons, since it iscostly and ineffective to review landtitles records.

The CIN is proposed to be a web-based, inter-active, computer communi-cations network which would be set upand run by the Ontario government,presumably somewhat along the linesof the system for filing business corpo-ration information notices pursuant tothe Corporations Information Act andRegulations.

CCI-Toronto’s Legislative Com-mittee and board of directors havereviewed the CIN concept and havesubmitted a number of recommenda-tions. In general, the CIN may beexpected to take into account the fol-lowing criteria.

At this initial stage, CCI-Torontobelieves that such an internet websiteshould be government-operated, free offiling fees and access fees. Either inter-active internet filings should be com-pleted or hardcopy paper forms shouldbe permitted to be used for filing pur-poses.

We have recommended that con-dominiums should only need to fileonce annually, despite the fact that vol-unteer directors and property managers



often are elected, appointed, removedor resign (in the case of a business cor-poration, the comparable businessinformation notice must be re-filed ineach such case). However, the CondoInfo Notice should be re-filed each timethe corporation’s address for servicechanges. We recommend that the formof Notice of Change of Address cur-rently registered in the Land TitlesOffice should thereupon be discontin-ued, so that there would only be onecentral registry applicable to all noticecriteria, in order to avoid a bureaucrat-ic paper load, additional effort and cost.

Only an authorized person shouldbe entitled to complete the Condo InfoNotice - such as the condominium’slawyer, manager, president or auditor.Normally, this function is performed bya business corporation’s lawyer.Penalties for failure to file should notexceed $100 - $200.

CCI-Toronto has requested that

only necessary, minimal informationabout the condominium should berequired. Such information would con-sist of the date of registration of thedeclaration, the condo’s legal name(i.e., MTCC 2000 - as a non-existentexample), the condo’s trade name (i.e.,“The Excelsior”), its municipal address(including the suite number of any on-site property management office) andits address for service. The Condo InfoNotice should also indicate the numberof dwelling or business units, the num-ber of buildings and whether they arehigh rise (HR) or townhouse (TH). Thedesignated zoning uses as residential,retail, commercial, industrial or othermight be indicated.

The Condo Info Notice would alsoprovide the name of the managementcompany, its municipal and e-mailaddresses, phone and fax numbers (butwe have recommended that individualproperty manager’s names should be

excluded). We also acknowledge thatthe name of the President should beprovided, but the names of other indi-vidual directors and their personal res-idential addresses should be excluded,since the industry standard has becometo use the corporation’s manager’saddress or else its address for service, inorder to avoid requiring volunteerdirectors to put up with constant ques-tions and harassment from owners.

We expect that other CCI OntarioBranches and ACMO will also con-tribute input to CIN. We will be morethan pleased to receive any suggestionsfrom our members.

J. Robert Gardiner, B.A., LL.B., ACCI,FCCI, is senior partner of GardinerMiller Arnold LLP, practicing condo-minium law at Toronto.

Jonathan FineStephen GoodbaumMichael PascuMaria Dimakas

Mario DeoJoseph RyanMarco Graziani

www.finedeo.com • (905) 760-1800 • 1-888-FINEDEO



Implementation ofWaste Reduction Levyfor Multi-Unit Residencesfor Target Date September 2007

BY BOB GIRARD, B.COMM, R.C.M. TREASURER/SECRETARY, CCI TORONTO

CHAIR, SPECIAL PROJECTS



Over 100,000 tonnes of these recycl-able items are shipped to Michiganeach year from multi-unit buildings.The purpose of the Mutli-Unit Wastereduction Levy was initiated to providea financial disincentive for garbagegeneration in order to encourage max-imum usage of free recycling servicesprovided by the City.

Under the Levy, each building willbe given a fixed amount of free wastevolume per week based on the amountof waste the building should produce ifit were to recover 60% of the recycl-able items. According to Doug King ofThe Metro Group of Companies, themeasure allowable before any levy isserved. is:• 0.046 Cubic Yards per unit per week

of compacted waste or • 0.10 Cubic Yards per unit per week

of non-compacted waste or• a combination of both as many

buildings have both

Bulk items, such as mattresses orcouches, will not be part of the volumebase. If a building stays within the freewaste limit there is no Levy.

Should that volume be exceeded,an escalating Levy is paid on the excesswaste. For compacted waste, the for-mula starts at a basic $6.30 per cubicyard doubling & tripling in incrementsof 3 cubic yards and for non-compact-ed waste, the fee above the allowablelimit starts at $2.76 following the sameformula of doubling and tripling. Thecost of collection and disposal of wasteover the threshold will be recoveredthrough the escalating Levy applied topenalize poor recyclers and invoiced tothe building Corporation/Owner on aquarterly basis.

All garbage trucks will have a GPSSystem and each waste bin will have atransponder. A field survey was carriedout to ascertain thresholds and estab-lish a database; city staff says there willbe a re-evaluation process for reclassi-fication of the initial threshold. EachCorporation must submit a comprehen-sive recycling improvement plan to theGeneral Manager of Solid WasteManagement Services. Paramount toachieving the aggressive threshold is areassessment of the use of recyclablepackaging allowed and a means of dis-posing of renovation residue.

There will be an annual resettingof targets based on audits by the city,the results of which will reduce orincrease the allowable limit remains tobe seen. Those buildings not achiev-ing their recycling targets will bereviewed on an individual basis for sug-gestions to improve their plan. Shouldnon-compliance continue withoutimprovement in the recycling program,cancellation of public service collec-tion would be a possibility?

According to Renée Dello, TorontoWaste Management Services, the cityis also investigating a green-bin type ofprogram for multi-unit dwellings. Byweight, approximately 30% of thewaste stream is organic material and thecity is currently examining ways to col-lect organics from multi-residentialdwellings.

As to future increases to the thresh-old up to 80%, producer responsibili-ties (packagers) will be essential as wellas expansion of the recycling programand materials recovered.

FACT: At the present time, Condominiums,Apartments and Townhouses of 8 units or more are

recovering just 20% of recyclable items.



Yes it does happen. A fewyears ago, it was discov-ered that a condominium

board member might have been misap-propriating a significant amount of con-dominium funds.

This board member is a very dom-inating personality and appears to havepretty much run the condominium inquestion for a number of years. Someof the actions she has been accused ofare:

1. use of condominium funds to effectrepairs and improvements to herunit, although the condominiumdeclaration allocates this responsi-bility to the unit owners;

2. engaging others to submit falseinvoices to the condominium, pay-ing the invoices with condomini-um funds and then removing thefunds from her accomplice’s bankaccount with a debit card.

3. not collecting her own condomini-um fees and when questionedabout this by the auditor paying thecommon expenses with condo-minium funds.

Director/Manager FraudBY RON DANKS & CRAIG ROBSON



In this case there were very infrequentboard meetings. It appears that boardmembers were reluctant to challengethe dominating board member. No oneon the board was checking to seewhether money was going to pay legit-imate invoices. Neither did anyonequestion the monies being spent on thedirector’s unit. In short, no one waswatching what was happening. Thecondominium is now suffering the loss-es this has caused although expensivelitigation is continuing. It is expectedcriminal charges will be laid.

The problems were uncoveredwhen a new board member was electedand started to become suspicious whenshe was told there was no need to holdregular board meetings and had diffi-culty in getting access to the condo-minium records.

Eventually this persistent boardmember was able to uncover the prob-lems and it became clear that there wasa misappropriation of funds. The con-dominium was unable to obtain all therecords of the condominium on accountof water damage and a sewer back up inthe defaulting director’s unit that justhappened to damage many of therecords. Eyebrows have been raisedon that issue as well.

In another case a board member wasskimming money off the laundry roomincome. He kept “forgetting” to givethe deposit receipts to the on-site secre-tary. Someone finally looked into it andhe eventually admitted that he hadtaken approximately $7500. (in quar-ters!).

Another director/treasurer put reservemoneys into a term deposit at his ownbank because it was offering the bestrates at the time. By mistake theaccount was made out in his own name.He kept meaning to fix it but never did.He was a gambler, suffered significantlosses and the bank called his loans. Inthe process the bank seized the termdeposit. He eventually paid the moneyback.

Another director in a self-managed 25-unit site had assumed responsibility for

the financial affairs of the condomini-um, (because no one else was interest-ed). This condominium hadn’t issuedfinancial statements to the owners foryears. Over a number of years thisdirector stole corporate funds by forg-

ing a second signature on condominiumcheques. Eventually he was caught butthe money was never recovered. Thiscost each unit owner a $1,000.00 spe-cial assessment.

In a final example, a cooperative had a“pay as you go” laundry room. As partof their co-op obligations, members hadto volunteer time to the co-op. Onewoman volunteered to count and rollthe loonies from the laundry room. Shedidn’t collect the money but was givena small, unsupervised office whenworking. In time the property manag-er noticed receipts were down by about$50.00 a week. Ultimately it was dis-covered that the volunteer had beenconcealing a couple of rolls of looniesinto her clothes every time she did thecount.

So what should a board of directors doto protect the condominium from thissort of conduct?

1. Realize it really can happen andthat the sums of money that couldbe at risk are very significant.

2. Discuss with the condominium’sinsurer if any insurance coverageis available to offer some protec-

tion. There may not be any butthere is no harm in asking. Lookinto the possibility of getting afidelity bond and have that bondset at an amount equivalent to onemonth’s common element fees plusthe balance in the reserve fund.

3. Do not accept anything dealingwith the condominium money atface value. You cannot be con-stantly questioning and crossexamining your fellow board mem-bers and property manager but youshould be aware of the possibilityof fraud.

4. Ensure you have a good auditorthat has condominium audit expe-rience. Do not choose your auditorsolely on the basis of being thelowest bidder. “You get what youpay for” is still a true statement.

5. Find out what checks your auditorwill go through in performing theaudit. The standard procedures ofyour auditor may serve to protectagainst certain forms of fraud andnot against others. Find out whereyou are vulnerable.

6. Does your auditor check with thefinancial institutions the condo-minium deals with to verify theinvestments are in fact in place andin the amounts stated in the condo-minium records? Ask pointedquestions of your auditor aboutwhat procedures he or she will fol-low and also what fraud he or shewon’t necessarily uncover. Itwould be prudent to have any rep-resentations made to you by yourauditor about this sort of thingreduced to a letter to you. Thismight serve to offer some protec-tion if in fact the auditor fails to fol-low the procedures represented tothe board. It is very difficult toprove what the auditor said with-out a back up letter confirming therepresentations.

7. Recognize that your auditor is notconducting a forensic audit. He orshe, to some extent, is checking to

It appears thatboard memberswere reluctant tochallenge thedominating boardmember.


determine that cheques issued lineup with invoices. Your auditor isnot necessarily commenting on thevalidity of the invoice, checking tosee the work was done or if theamount paid is the proper compen-sation for the work done or materi-als supplied.

8. Ensure that you don’t blindlyauthorize cheques for invoicesunless you are sure the work wasnecessary, properly authorized andcompleted and that the invoice isappropriate for the value of thework done.

9. If you see an invoice from some-one you don’t recognize, or forwork which may not have beenboard authorized, make enquiriesbefore you authorize payment.

10. Be cautious in dealing with rela-tives and friends of board membersor the property manager for work

and materials on account of thecondominium. This is not to say itis inappropriate. It is just suggest-ed as being something to keep aneye one.

11. Find out what insurance coverageyour property manager has to pro-tect the condominium in case ofemployee fraud at the propertymanager’s office. For example anemployee of your property manag-er could forge signatures on con-dominium cheques and empty thecondominium bank account orreserve funds. This is not a com-mon occurrence but there may beinsurance coverage available toyour property manager to protectagainst this. If there is, the proper-ty manager should provide proofof such coverage with limits thatoffer reasonable protection.

12. Ensure that two signatures arerequired on cheques over a certain

limit. There is nothing wrong withhaving a property manager beingable to sign cheques on behalf ofthe condominium but there shouldbe another signature required,being that of a board member, ifthe amount of the cheque is over acertain amount.

Many condominiums allow theirproperty manager to sign chequesalone if the amount is less than$500.00. This permits the proper-ty manager to deal with day-to-dayexpenses without having to waitfor a board meeting to get chequessigned. If only board memberssign cheques, there should be twoboard member signatures required.

Regardless of who is allowed tosign cheques the Board shouldreview monthly bank reconcilia-tions, financial statements, lists ofissued cheques. Simply becausesigning authority is regulated or




limited does not prevent someonefrom forging signatures.

13. Make sure you are routinely get-ting financial statements and queryanything in those statements thatyou do not understand or whichseems unusual.

14. Ensure you are dealing with a com-petent property management firmwith a good reputation. (see abovere getting what you pay for).

15. Be cautious with Internet banking.Someone who gains access to thebank accounts of the condominiumvia Internet access could causehavoc. If the corporation is goingto use Internet banking, considerchecks and balances whereby aclose eye is kept on the accounts.Discussions should be had with the

financial institution about how tominimize the chances of unautho-rized access to the accounts.Careful consideration must begiven as to who can actuallymanipulate the accounts viaInternet. It may be possible toallow all board members to viewthe accounts so they can “keep aneye on things” but limit who canactually transfer funds and paybills.

16. The Board must be familiar withthe provisions of the CondominiumAct, 1998, as well as the declara-tion and bylaws of the condomini-um that address the financial obli-gations of the condominium andregulate its financial matters.Provisions in the bylaws that regu-late signing authority of chequesand other financial instruments

should be complied with or amend-ed if inappropriate. They shouldnot be ignored.

None of the foregoing guarantees thatyou will not suffer fraud. However,they will reduce the chances of fraudand perhaps the extent of it when itdoes happen.

Reprinted with permission from theSpring 2006 issue of the GHC CondoNews



Many years ago, in 1982 to be precise,a concept was created. That conceptwas that Condominiums, their owners,and the infantile industry of the timeneeded to be organised. The industryneeded to be represented. The industryneeded to be standardized. The indus-try needed to be educated. That con-cept was called The CanadianCondominium Institute (CCI). Thefirst members had a belief in the needof such a force in the industry, andmade a dedicated commitment to makethat vision a reality.

An organization was formed andthe structure was arranged. CCI wouldbe represented by a National Boardwhose members would be representa-tive of all of the Chapters across thecountry. Each chapter could benefitfrom the knowledge and experience ofeach of the other chapters. The locallegislation of each chapter could thenbecome part of the common knowledgeof all other chapters, and help to forma stronger, better educated condomini-um industry. National issues could beapproached as a joint effort from con-dominiums across this whole vastcountry. Part of the membership feeswould be used to help new Chaptersform and join.

Let us skip to today, twenty-four

years later. CCI has fifteen chaptersacross the country still supported bymember’s beliefs and commitment tothe vision. One of those chapters isCCI Toronto and Area Chapter. Thispublication, TheCondoVoice, is pro-duced and distributed by the Torontochapter. If you are receiving this pub-lication, then you are directly affectedby the issues in this territory.

The Toronto and Area Chapter(CCI-Toronto) now represents morethan 90,000 condominium units, andabout 800 members! Imagine thestrength that is created from such aforce. Imagine the clout that can becreated to help sway local lawmakersand help to form the condominiumindustry. Imagine the strength of thecollective vision!

CCI-Toronto’s members elect avolunteer Board of Directors, whoserole is to oversee and direct that mas-sive collective vision. The Board iselected in accordance with the rules ofCCI and therefore is also representa-tive of the various interests of the con-dominium industry. During the pastyear, that elected Board has directed thefunds and efforts of the membership tomany hundreds of activities in order tofollow that collective vision. Listedbelow is just a small sampling of those

activities. For more detailed informa-tion on any of the activities, please goto the website “www.ccitoronto.org”.

Representation

During the past twelve months or so,CCI-Toronto has represented theCondominium industry in many areasbefore local government and lawmak-ers. A couple of examples include theconcerted lobbying effort to changehow electrical distribution companiesview the credit risk associated withCondominiums. The Ontario EnergyBoard has decided to change the riskrating to allow for Hydro deposits to bereleased after twelve months of timelybill payment. The old standard wasseven years! For many condominiums,that could easily be a deposit of manythousands of dollars, and for some it ismuch more.

Another area that CCI-Toronto hasbeen involved in is related to the newEnergy Responsibility Act. CCI haslobbied to allow Condominiums to begiven some leeway in the applicationof the smart meters based upon theirconstruction methodology. It appearsthe Act has made it possible for the leg-islators to do that, but the Regulationshave not been completed, so it is yet

A Thank You to the Members of CCI-TorontoBY BILL THOMPSON, RCM, ACCIMALVERN CONDOMINIUM MANAGEMENT

™



unresolved. CCI continues their effortsin this area.

The infamous “Garbage Levy” thatis being implemented in Toronto hasbeen lobbied all along by CCI-Toronto.Direct representations have been madeto City Council on many occasions.

These three examples of represen-tation show quite clearly that CCI isrecognised by all levels of Governmentas an industry stakeholder. At this pointin time, the Board is reviewing ways toincrease that lobbying effort in order toensure that CCI is consulted beforedraft legislation is introduced.

Standardization

A huge joint effort was undertaken byCCI-Toronto in conjunction with all ofthe other Chapters across Canada. Forthe first time ever, a national compari-son has been painstakingly collected,organized and distributed which com-pares the Condominium legislation ofeach of the provinces. This work maywell lead to many lobbying efforts,province by province, to improve thelocal legislation with concepts foundfrom other provinces! This paper wasbe further reviewed in Montreal at theSemi-Annual meeting held at the endof May 2006.

Another huge effort was undertak-en to review the Condominium Act,

1998 in an effort to find the sectionsthat are most problematic. In doingthis, CCI will be better able to adviselegislators about needed wording andconcept changes that are necessary,when the time arises for change. Thiseffort will prove indispensable in align-ing the views of the various industrystakeholders in order to submit a clear,joint recommendation on changes.

Education

Owners of condominiums, Boards ofcondominiums, and Suppliers to con-dominiums all benefit from an educat-ed consumer and decision maker. Oneof the main focuses of CCI-Toronto isto provide the education necessary forBoards, Owners and Suppliers toenable them to make better decisionsin their day-to-day dealings in condo-miniums.

During the past year, there havebeen many seminars arranged and car-ried out for Condominium Owners andDirectors in the Toronto area includingthe newly developed “Level 100”course. The very popular “BasicCondominium Course” and the“Advanced Condominium Course”were each carried out for two completesessions. All of these courses aredesigned to give information directlyto those involved in living, directing,

and managing condominiums.The President’s Club has carried

out seminars on topical issues such asenergy conservation and smart metersin an effort to help educate key condo-minium decision makers on the changescoming in the energy sector.

A few ad hoc seminars were organ-ised and carried out as a result ofrequests from the members. Includedin these seminars were sessions on“Purchasing a Condo” and “ManagingPerformance Audits”. Both sessionswere created to help educate people inthe changing conditions of the currentmarket boom.

Also, the “9th Annual Condomin-ium Conference” was carried out joint-ly with ACMO which featured manymore educational seminars targeted atall facets of the condominium industry.

None of these efforts would havebeen possible without the dedicated,committed vision of CCI-Toronto’smembers. All condominiums, all pro-fessionals, and all suppliers that work inCondominiums owe a debt of gratitudeto the Members of CCI-Toronto. Thosemembers, in committing to their beliefsthat CCI is the voice of Condominium,have made the lives of all people con-nected to the condominium concept justa little better. For that, we thank you.



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Professional Members

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Upcoming Events™

Mark Your Calendars for

the Following Upcoming Events!

CCI-Toronto Basic Level Directors’ Course

CCI-Toronto is offering the ever popular Ultimate Condominium Learning Program designed for con-dominium directors and residents. This six night course will begin on Wednesday, September 27th andwill continue on consecutive Wednesday evenings from 7:00 p.m until 10:00 p.m. until November 1st,2006.

The industry’s top professionals - property managers, lawyers, engineers, and accountants will providetheir expertise to help directors and residents gain a better understanding of the way condominiums func-tion and should operate.

All sessions will be held at the Novotel North York Hotel at 3 Park Home Ave (near Yonge St. and MelLastman Square). The cost for CCI members is $300 and non members $400. To register on-line forthe Condominium Course and/or to obtain further information, please visit the website at www.ccitoron-to.org or call the office at (416) 491-6216.

10th Annual CCI/ACMO Condominium Conference

This popular two day conference and trade show will take place on Friday November 3rd and SaturdayNovember 4th at the Doubletree International Plaza hotel at 655 Dixon Road in Toronto. The spectac-ular line up of speakers and topics to be covered this year are sure to offer ideas and solutions to man-agers and directors alike. Sponsorship and exhibit opportunities are now being offered – visit www.con-doconference.ca for full conference details.


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10th Annual Joint ACMO/CCI-T Condominium ConferenceNovember 3rd and 4th, 2006 • Doubletree International Plaza Hotel, 655 Dixon Road, Toronto ON

Mark your calendars now for this exciting annual Conference and Trade Show that promises anenlightening array of educational sessions and outstanding networking opportunities.

Exciting Session Topics Include:

• Beaver Pelts and Condo Tales• You Get What You Pay For• Gas Pains!• Sister Snits – Avoiding Shared Facility Warfare• It’s Not My Job!• A Swing and A Miss – The Condo Act 5 Years Later• Energy Matters – It’s Payback Time• Condo Confidential• Developing Board Relations• Curb Appeal• Submetering• Condomojo – Creating Community Harmony• In the Real World of Condos• Good Senses; Good Neighbours• Legal Talk Show

Visit the Conference website atwww.condoconference.ca

Exhibit and Sponsorshipopportunities are also available

PROVIDING EXCEPTIONAL SERVICE TO THE CONDOMINIUM INDUSTRY FOR OVER 25 YEARS

SPECIALIZING IN COMPLETE PROPERTYMANAGEMENT SERVICES:

Residential High-rise & Townhouse CondominiumsIndustrial & Commercial Condominiums

Hands-On Management Individually Designed and TailoredTo Meet And Exceed Your Communities Needs

For more information, please contact:Gary Atkin, RCM, ACCI or

Matthew Atkin, RCM, CMOC, ARM, CPM

G.S. Atkin Property Management Specialist Inc.One Shady Lawn Court

Mississauga, Ontario L5N 1H224-Hour Emergency Line (905)-567-6820

Direct Line: (416)-258-6011Fax: (905)-567-6930

Website: www.gsa-pm.com Email: [email protected]


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SUMMA PROPERTY MANAGEMENTPROFESSIONAL PROPERTY MANAGEMENT & CONSULTING

"Your condominium deserves personal attention and service."

Over 21 years experience in Property Management!

Ryan B. Stone, CPMPresident

416.487.5095 (Ext. 1)416.728.2429 (Cell)

[email protected]

www.summapm.com


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List of AdvertisersACMO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Adams Masin Tilley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36A.R. Consulting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Atrens Management Group Inc. . . . . . . . . . . . . . . . . . . . . . . . .31Bonita Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Brookfield Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Brown & Beattie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Carma Industries Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33CCF Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . 30Canlight Hall Management . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Certified Clean Air Services . . . . . . . . . . . . . . . . . . . . . . . . . . 4Chubb Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Cochrane Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Construction Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40CPL Design Interiors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Crozier Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7Davroc & Associates Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Enerplan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38Essential Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Fine and Deo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Firenza Plumbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36First Condo Group Limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Forest Contractors Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15Gardiner Miller Arnold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4G4S Security Services (Canada) Ltd. . . . . . . . . . . . . . . . . . . . 13Gerald R. Genge Consulting Engineers . . . . . . . . . . . . . . . . . .28GSA Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . 35Harris Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Horlick Levitt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36ICC Property Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . 9Impact Recreation Management, Inc. . . . . . . . . . . . . . . . . . . . 12Innofit Innovations for Fitness - Kinetic Solutions . . . . . . . . . .24Innonet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35Les Consultants Ingenium (Condo Manager Software) . . . . . 32Maclaren, Corlett LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Maxium Financial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34M & E Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Miller Thomson LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Morrison Hershfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Nexus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Ontario Screen Systems Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 34Percel Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Pro House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Provident Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38RBC Dominion Securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Rogers Cablesystems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39Ronco Roofing & Sheet Metal . . . . . . . . . . . . . . . . . . . . . . . . 32Samuel Property Management . . . . . . . . . . . . . . . . . . . . . . . . 34Solov solutions inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2S.R. Wise Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 12Summa Property Management . . . . . . . . . . . . . . . . . . . . . . . . 36Suncorp Valuations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Stratacon Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28TPMG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Vero Property Management . . . . . . . . . . . . . . . . . . . . . . . . . 28Waste Solutions Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Whiterose Janitorial Services Ltd. . . . . . . . . . . . . . . . . . . . . . .31Wilson Blanchard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16



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ATTENTIONAdvertisers and Writers!

Are you interested in advertising orwriting for “TheCondoVoice” or the

“Professional Services Trade Directory”?

WRITING FOR “TheCondoVoice”

As a member, are you interested in writing for “TheCondoVoice”? Ifyou are a condominium director and have a unique tale to tell or adviceto relay to other condominium boards, please let us know! If you are aprofessional or trade member offering products or services to condomini-ums and have a relevant article, let us know!

The subject matter should be current, concise and helpful. The topicshould relate to the management of condominiums and not be of a com-mercial nature. Please either mail or email your article to the editor.

INSERTS

Inserts can be placed in the envelope containing “TheCondoVoice”.Limited to CCI members only, professionals and trades can supplycopies of their flyers and brochures for insertion in an issue. A fee of$600 plus GST will apply.

GST must be added to all rates. All enquiries should be directed to theadvertising representative, Marie McNamee at (905) 852-2802 or emailat [email protected], or visit www.ccitoronto.org for more informa-tion.

“TheCondoVoice” is published 4 times per year – Spring, Summer, Falland Winter, by the Canadian Condominium Institute - Toronto & AreaChapter.Newsletter Directors: Mario Deo & Gina CodyEditor: Ruth MaxAdvertising: Marie McNameeComposition: E-Graphics

Publications Mail Agreement #40047005 - Return undeliverableCanadian addresses to Circulation Dept. 2175 Sheppard Ave. E.,Suite 310, Toronto, ON M2J 1W8

The author, the Canadian Condominium Institute and its representa-tives will not be held liable in any respect whatsoever for any statementor advice contained herein. Articles should not be relied upon as a pro-fessional opinion or as an authoritative or comprehensive answer in anycase. Professional advice should be obtained after discussing all partic-ulars applicable in the specific circumstances in order to obtain an opin-ion or report capable of absolving condominium directors from liabili-ty [under s. 37 (3) (b) of the Condominium Act, 1998]. Authors’ viewsexpressed in any article are not necessarily those of the CanadianCondominium Institute. All contributors are deemed to have consent-ed to publication of any information provided by them, including busi-ness or personal contact information.

Consider supporting the advertisers and service providers referred to inthis magazine, recognizing that they have been supporters of CCI.Advertisements are paid advertising and do not imply endorsement ofor any liability whatsoever on the part of CCI with respect to any prod-uct, service or statement.

™

CondominiumEnerg yExpertsProudly celebratingour 20th year servingthe GTA.

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™Rogers, Mobius Design, Rogers Cable, Hi-Speed Internet, Rogers Digital Cable and Rogers Digital Cable & Design are trademarks and/or registered trademarks of Rogers Communications Inc. Used underlicense. YAHOO!, the Yahoo! Logos, and other Yahoo! Product and service names are the trademarks and/or registered trademarks of Yahoo! Inc., used under license.

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