CCI CondoVoice Spring03

www.ccitoronto.org VOL. 10, NO. 3 • SPRING 2006

PM #40047005

PUBLICATION OF THE CANADIAN CONDOMINIUM INSTITUTE - TORONTO & AREA CHAPTER

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

■ Running Efficientand ProductiveBoard Meetings

■ Effective Use ofCommittees andVolunteers

■ Duties of Directorsand the Standard ofCare

■ Working with aProfessionalFinancial Advisor

■ The ReluctantDirector

… and more

™

Board

TheCondominium

Features

6 Running Efficient and Productive Board Meetingsby Michael D. Pascu, LL.B.It is crucially important to the proper administration of a corporation to master theskills of running a productive Board meeting.

10 Effective Use of Committees and Volunteersby Barry Widman, LL.B., ACCI, FCCICommittees can be very useful to the Board and Corporation if they are properly man-dated and controlled.

16 Duties of the Director and the Standard of Careby John M. Warren, CATo be a fine Director and a make a significant and positive contribution to your com-munity, take heart, take advice, and take courses.

21 Working With a Professional Financial Advisorby Greg HolohanGreat returns are not the only concern in Reserve Fund investing; safety and liquidityare far more important considerations.

22 The Reluctant Directorby Ron DanksConsider developing an Information Package for new Directors outlining their respon-sibilities.

27 How to Publish and Use a Newsletter to Keep Owners Happy!by Milton W. ZwickerCondominiums are not just buildings — they’re people. Communicating with them isimportant. Newsletters are a great way to do that.

CCI News5 President’s Message

31 Directors’ Code of Ethics

32 Condominium Owners Code of Ethics

33 Condominium Meeting Rules of Conduct

34 New Members

35 Member Profile - Mario Deo, B.A. LL.B.

37 CCI Annual General Meeting Report

38 Newsletter of the Year Award

43 Book Review

Spring 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

™ Contents

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T


President’s Message™

Janice Pynn, RCM, ACCI, FCCI

he Condo Board is, in all reality, the single most important ‘ingredient’ ina well-run corporation. This group of three, five, seven or more volunteers,and how well they relate both to each other, and to the ‘outside world’ can

mean the difference between a corporation which functions well, and one that doesnot.

We’ve all heard stories of that one board member who (a) is self-serving, (b) sabotagesevery board meeting (c) attempts to micro-manage the property manager, or (d) allof the above — so this issue of the Condo Voice is dedicated to the ‘CondominiumBoard’.

The articles contained in this issue offer superb tips on how to be an effective director,how to communicate to owners/residents through newsletters, how to make the mosteffective use of Committees and much more — so take note — you’ll probably wantto save this issue for future reference. And you’ll definitely want to share this issuewith other board members.

You will also want to take note of the press release included with the Spring 2006CCI member mailing (and also posted on our website at www.ccitoronto.org). Asreported earlier, CCI Toronto has been hard at work since the fall of 2004 advocatingon behalf of all condominiums to the Ontario Energy Board against the currentpractice of hydro providers demanding security deposits from new condominiumcorporations. As this press release indicates, we have had some initial encouragingresults—but further efforts will likely be required before we achieve complete successon this matter. The CCI-Toronto Chapter is committed to pursuing this matter onbehalf of our members and will provide further updates as information becomesavailable.

Working for you – CCI is the ‘Voice of Condominium’!

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

thecondovoice Spring 20066 thecondovoice Spring 20066

Running Efficient andProductive Board

Meetings

A CrucialSkill thatBoardMembersMustMaster

BY MICHAEL PASCU,LL.B.FINE & DEO,BARRISTERS AND

SOLICITORS

Running Efficient andProductive Board

Meetings


Agenda

The preparation of the agenda is a veryimportant part of the preparation for themeeting. An effective chair, in conjunc-tion with the property manager, deter-mines the issues to be covered at themeeting and sets the groundwork sothat the other board members can acton the issues appropriately and effec-tively. In addition, the agenda is criti-cal to an efficient meeting because itprovides a structure for the meeting, itallows the board members to considerand familiarize themselves with the

issues ahead of the meeting, andit limits consideration to onlythose items that can be adequate-ly dealt with within the timeallocated for the meeting.

Items on the Agenda

There is no specific format for themeeting agenda, although certain mat-ters should be dealt with at the begin-ning of the meeting, before consider-ing any new business. A suggested for-mat is as follows:

a. Approval of minutes

The first item of the agenda shouldbe the approval of the minutes ofthe previous meeting. The minutesare the official record of theboard’s decisions, and as such,they must be accurate and com-plete. The minutes should havebeen delivered to the directors inadvance of the meeting, along withthe agenda, so that all board mem-

bers should have read them.Inaccuracies or omissions shouldbe corrected, and the minutes, onceapproved, should be inserted intothe corporation’s minute book.

It is important to understand thatthe minutes are not intended to beverbatim transcripts of the discus-sions of the board. Rather, theminutes should simply provide arecord of the motions and resolu-tions made and a summary of therelevant discussions and actionstaken by the board. The minutes

should however be sufficientlydetailed to indicate who was pres-ent, what topics were discussed,what motions were made, what thevote was on the motions, whoopposed the motions, and whoabstained from voting and for whatreasons.

b. Review the financial statements

The board must be aware of thefinancial position of the condo-minium corporation before mak-ing any new decisions affecting thecondominium corporation.

7

Probably the mostimportant task ofboard members is to

conduct board meetings. The reason issimple: decisions and actions of theboard of directors occur at board meet-ings. Accordingly, in order to run a cor-poration well, board members must beable to hold efficient and productiveboard meetings. There are a number ofpublications and resources available,through CCI and ACMO, to boardmembers who wish to learn or improveon this important skill. This article isnot a comprehensive “how-to-guide”,but rather a reminder of the importanceof learning how to conduct board meet-ings, as well as an attempt to summa-rize what is required in order to haveefficient and productive meetings. Thisarticle is geared particularly towardthose board members who chair boardmeetings, but the information containedherein is useful to all board members.

The Key to Conducting anEffective Meeting

In a nutshell, the key to conducting aneffective meeting is the following:

a. prepare in advance for the meeting,by deciding what items to deal withand by gathering all the informationnecessary for careful and thoroughconsideration of the issues;

b. prepare an agenda and distribute itto the other board members prior tothe meeting, as part of the notice ofmeeting package;

c. understand and use parliamentaryprocedures to conduct efficient andorderly meetings;

d. control the discussion, to create acongenial atmosphere, diffuse ten-sions and disagreements, and pre-vent misunderstanding betweenboard members; and

e. follow the agenda strictly, by focus-ing discussion on the topic at handand discouraging discussion onunrelated matters.

…the minutes should simply provide a recordof the motions and resolutions made and asummary of the relevant discussions and actionstaken by the board.

continued …


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c. Property manager’s report

The property manager shouldreport on any ongoing projects ormatters affecting the condomini-um corporation. Any new itemsthat the property manager wishesthe board to consider should havealready been discussed with thechair and placed under the “newbusiness” section of the agenda.

d. Other reports

If there are any additional reports,such as the reports of standing orspecial committees, they should beadded here. The chair shouldrequire committees to submit theirwritten reports prior to the meet-ing, so that they may be includedin the notice of meeting packageand added to the agenda. Thiswould allow the board members toconsider the matters contained inthe report before the meeting and,if necessary, request the commit-tee members to attend the meeting

to answer any questions.

e. Unfinished business

Any matters that were not dealtwith at the last meeting should bedealt with at this point.

f. New business

All new business on the agendamust be concisely set out, with suf-ficient description so that boardmembers are aware of the issuesand facts that must be consideredand decided upon. For example,an item may be introduced as fol-lows: “The board has been askedto permit a unit owner to conduct ayoga class in the party room. Theproperty manager recommendsagainst it for insurance reasons”.This type of introduction focusesthe discussion on the issue at hand.

To keep the agenda focused andthe meeting efficient, the chairshould also consider attaching a

memorandum to the agenda thatprovides a brief background onsome of the items for considera-tion, to refresh the memory of theboard members, summarize theissues or concerns, and state theintended direction of the discus-sion and the action to be taken.

The chair should not permit any addi-tions or changes to the agenda at thebeginning of the meeting, to preventdiscussion on items that some boardmembers may not know anythingabout. Needless to say, under no cir-cumstance can any board decision bemade outside of a properly called andconstituted board meeting.

Parliamentary Procedures

The chair should have a workingknowledge of parliamentary proceduresin order to run efficient meetings. Theparliamentary procedures are describedin a number of publications, such asRobert’s Rules of Order or Nathan’s


Company Meetings including Rules ofOrder. It is beyond the scope of thisarticle to set out all the rules of orderapplicable to board meetings.However, the following are some sug-gestions as to the procedure to be fol-lowed at board meetings:

a. parliamentary procedure requiresthat each item of business bebrought before the board in the formof a motion. A motion is essential-ly a formal proposal by a boardmember on which the board mustact. The chair should ask for amotion to discuss each item of newbusiness. If the motion is made, itmust be seconded, and the discus-sion should remain focused on thatitem on the agenda. If an item onthe agenda does not get a motion anda second, the item cannot be dealtwith but may be brought up again ata subsequent board meeting;

b. any motion may be modified or clar-ified before it is seconded and con-sidered;

c. if there is not sufficient informationto properly consider a matter, anyboard member may make a motionto postpone the matter until the nextmeeting, to allow the necessaryinformation to be collected. If themotion is seconded and passed, theitem is placed on the next meeting’sagenda as unfinished business;

d. if discussion on a matter becomesunproductive, the chair should callfor a motion to end discussion or topostpone the matter until the nextmeeting; and

e. if all the items on the agenda aredealt with, or if the meeting stretch-es beyond the allotted time andbecomes unproductive, the chair orany member should call for a motionthat the meeting be adjourned.Whether or not to adjourn a meet-ing is a board decision and thereforethe decision requires a motion, sec-ond, and a majority vote.

Resolutions

What is the distinction betweenmotions and resolutions? A resolution

is really just a formalized writtenmotion that is used for approving cer-tain official actions taken by the board,such as opening a bank account. Often,a third party, such as a bank, requiresthat certain decisions of the board beformalized into a resolution. However,the Condominium Act, 1998 also spec-ifies instances where the decision of theboard must be made in the form of aresolution. The standard form of theresolution uses paragraphs beginningwith “Whereas ...”, which sets out thebackground and reasons for the action,followed by a paragraph beginning with“Now therefore, be it resolved ...”,which leads into the actual wording ofthe resolution.

Conduct at meetings

The chair must be fair and decisive inrunning board meetings. It is up to thechair to direct discussion, to adhere tothe agenda, and to guide the boardtowards completing the business athand. Meetings usually generate a vari-ety of perspectives on different issues.The chair should encourage discussionand treat all board members fairly;however, the chair should at all timesact firmly to prevent conflict and tosteer the discussion to the item on theagenda. Clearly, the chair has a difficultrole, but one that is crucial to the run-ning of effective board meetings andone that must be mastered.

Conclusion

This article hopefully has served as areminder to board members of how cru-cially important to the proper adminis-tration of their corporation is to con-duct efficient and productive meetings.It has also hopefully inspired boardmembers to make an effort to learn howto run their own board meetings better.Learning to run effective and efficientmeetings is a skill that takes practiceand time to master, but ultimately theresults are not only personally satisfy-ing to those board members who put inthe effort, but also beneficial to theirown condominium communities aswell.

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Effective Use of Committeesand Volunteers

(Don’t Let theTail Wagthe Dog)

BY BARRY WIDMAN,LL.B., ACCI, FCCI


IntroductionThe subtitle of this paper is somewhatcolourful and was suggested by RonDanks, past president of the GoldenHorseshoe Chapter of the CanadianCondominium Institute.

We who practice condominiumlaw give much thought to the functionsof board members and officers of a con-dominium corporation but do not oftengive much thought to committees andtheir function in a condominium set-ting, and, generally are not called uponto consider certain aspects of liability,

risk and insurance concerns pertainingto the actions of committee members. Itis likely that this is so since thereappears to have been little or no litiga-tion involving such issues and conse-quently no reason to consider and dealwith a nonlegal entity such as a com-mittee.

Yet, we all know of condominiumproperties where the board is greatlyassisted by such committees and wherethe quality of life is greatly enhancedby the work of such committees.Conversely, we all likely know of con-dominium properties where no commit-tees exist or where there are commit-tees which function badly.

It has been said by one cynic that“the best committee is a committee ofthree with two members home sick”.Notwithstanding that remark, thedegree of effectiveness of a committeeis likely dependent on the direction itreceives, usually from the board ofdirectors, and the skill of its members.

Certainly, a condominium propertycomposed of retired but still function-ing executives and professionals, withtime on their hands, is likely to havemore effective committees than a prop-erty where the residents have less freetime and less skilled persons.

Generally speaking, it has been myexperience that condominium proper-ties with a number of functioning com-mittees usually also contain a group ofhappier owners who look upon thesecommittees in a positive fashion. Inone such condominium building, thecommittees themselves are treated in a

very positive fashion, with committeemembers being recognized and praisedfor their achievements at every annualgeneral meeting, at which meeting eachcommittee makes a brief report.

Ontario Condominium Act

The new Ontario Condominium Act insections 37 and 68, does make mentionof an audit committee composed ofboard members and other owners, butdoes not otherwise deal with the notionof committees. Such committees arenot legal entities recognized under thestatutes and consequently, as mentionedbelow, when dealing with questions ofliability and insurance protection, guid-ance will have to be sought from otherareas of law.

What is a committee?Generally speaking, in a condominiumcommunity, a committee consists ofmore than one person, and is either for-

mally created or sometimes created onan ad hoc basis, usually consisting ofresident volunteers, to carry out a spe-cialized function. Some committees actformally, having meetings, electing achairperson, taking minutes, etc., andothers are more informal.

Creation of a committeeIt is generally wise, from a risk pointof view, that a committee be, in fact,created in a formal manner, preferablyby resolution of the board of directors.The value of such method of creation

will be seen below. Sometimes com-mittees virtually create themselveswhen a group of persons gets togetherand determines that it will run a partic-ular function, sometimes without anyrecognition by the board. This is asomewhat risky proposition for mem-bers of that committee, as will be seenbelow. In my view, it is best if a com-mittee is created by the board and givena specific mandate by the board, delin-eating, at least broadly, and sometimesexactly, what its functions are.

Types of committees

The types of committees which can becreated are limited only by the imagina-tion of the creators. There can be com-mittees involved in finance, socialactivities, gym activities, aerobic activ-ities, barbecues, newsletter, safety andsecurity, landscaping, nominating com-mittees, and it goes on and on.

It is generally wise, from a risk point of view, that a committee be,in fact, created in a formal manner, preferably by resolution of

the board of directors.

continued …


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Composition of committees

Generally speaking, a committee canconsist of all non-board members orone or more board members combinedwith non-board members or all boardmembers. Frequently, where a commit-tee consists of three persons, such com-mittees may typically involve oneboard member and two non-boardmembers.

Again, as will be mentioned below,from a risk point of view it is likely thatthere will be an advantage to havingone or more board members on a com-mittee.

Functions of a committee

Generally speaking, committees haveone or both of the following purposes,i.e. to advise the board or to physicallycarry out a specific function, for exam-ple, running an exercise class or hold-ing a barbecue.

Committees with an advisory func-tion, for example, a finance committee,could investigate the finances of thecorporation and provide advice to theboard which the board may find usefulin future budgeting procedures or mayotherwise assist the board in cuttingcosts or raising income. In this kind ofsituation, the board is receiving adviceand information in order that the board

may make a decision in an area whichis solely the board’s responsibility. Theboard is not entitled, in law, to delegatethat decision making authority. As willbe seen below, there is less likelihoodof liability on a committee or its mem-bers when it acts in an advisory capac-ity since the final decision is up to theboard.

On the other hand, a barbecuecommittee acts more in a physical senseand would, for example, undertake theorganization of a social evening involv-ing a barbecue, arranging for orderingand delivery of food necessary for suchan occasion, and perhaps also under-take the actual cooking and providingsuch food to the residents invited tosuch barbecue.

Apart from the services they pro-vide, committees also fulfill other use-ful functions. They create an opportu-nity for participation by the committeemembers in the affairs of the corpora-tion. They broaden the base of con-cerned citizens and allow for greaterfeedback into the community. They canform a training ground for future boardmembers, in particular, if there are oneor more board members sitting on suchcommittees, so that the non-boardmembers get a feel for how the board isthinking and for methods of communi-cating with the boards in a persuasivefashion.

Boards should seek, apart from thequestion of liability, to control the func-tions of the committee so that the taskwith which it has been mandated is car-ried out properly so that any adviceexpected will be useful to the board andany other task will be carried out effi-ciently and safely. The board does notwish to have a committee get out ofcontrol which may, in the end, causeharm to the corporation. The boardshould periodically review committees,their functioning and composition, andmake changes in such committeeswhere the board feels it necessary.

Liability questions

In speaking of the notion of liability, Iam referring to the fact that a commit-tee member or the committee as awhole, may by their acts or omissions,incur legal liability to a third party orcause either or both of the corporationor the board members to be liable tosuch third party. In addition, there isalways the possibility that a committeemember may be injured during thecourse of the activity of the committeeand may, themselves, have a claimagainst a third party or against the cor-poration or board.

The ins and outs of who has aclaim against whom can become some-what complex.


2. Directors’ and officers’ liabilityinsurance, covering directors andofficers.

POSSIBLE LIABILITY SITUATIONSRE COMMITTEE MEMBER

Will a committee or its membersbe liable for advice given?

In theory, advice given or informationprovided which is negligently or reck-lessly provided may form the basis fora claim. Practically speaking howev-er, a claim against a committee memberis unlikely to occur since the committeeis simply providing information or

advice to a board. The board is likelydealing with an area within its ownjurisdiction which, by law, it is not per-mitted to delegate and, consequently,must make its own decision, which itlikely will make in any event, based onthat advice and information and adviceapart from that given by the commit-tee.

In short, the advice and informa-tion given by the committee is givengratuitously and it is the board’s respon-sibility to sift through such and otherinformation and advice and arrive at itsown decision without relying, in a legalsense, on the committee.

Where physical harm or propertydamage results

On the other hand, the physical conductof a committee member resulting inharm to a third party may well form thebasis for a successful lawsuit by thatthird party.

Such a lawsuit, likely sounding innegligence, involving physical harm orproperty damage would, assuming the

For the purposes of this article, Iwill mainly consider, both under thisheading and the heading “Insurance”below, the risk run by a person inbecoming a committee member.

What follows will be mainly a dis-cussion of ideas and legal principlestogether with various suggestions, noneof which, in light of the lack of prece-dent, should be taken as an absoluteassurance of the outcome of any sort ofclaim which may be made against acommittee member.

One can readily see that where acommittee member is involved in phys-ical activities, such as serving food at abarbecue or conducting a gym class,

that a third party might be injured bythe acts or omissions of that committeemember. If such were to occur, it is cer-tainly possible that the third party maysue the committee member or all thecommittee members based on negli-gence or otherwise. Such a third partymay also sue the board members andthe condominium corporation. Theissue at this stage for the committeemember is whether or not that commit-tee member would be entitled to beindemnified by the corporation in theevent that committee member is foundliable to the third party.

Since there is little mention ofcommittees in the Condominium Act,one must look to the common law tosee if, apart from the question of insur-ance, whether that committee memberwill be protected.

For example, and utilizing princi-ples of the law of agency, where itcould be reasonably urged that the com-mittee member was acting as an agentof the corporation and acted within thescope of the committee’s authorityunder a mandate of the board, then the

corporation might have a duty toindemnify and protect that particularcommittee member. On the other hand,where a committee acted withoutauthority of the corporation, and there-fore not as an agent of the corporation,then that committee member might beliable and without any protection fromthe corporation.

In short, being a committee mem-ber, depending upon the method of cre-ation of that committee, may be a riskybusiness.

It is, therefore, wise, in my view,that such committees be, in fact, creat-ed by a resolution of the board whichresolution would also outline the man-

date of that particular committee withrespect to the task which has been, ineffect, delegated to it by the board. Ifin addition to this formal creation of thecommittee, one or more board mem-bers sits on such committee, suchwould lead credence to the notion thatthe committee and its members are real-ly agents of the board and, therefore, ofthe corporation since the board is actingon behalf of the corporation. Where,however, a committee acts beyond thescope of the authority provided to thatcommittee or its members, then thatcommittee or its members may well notbe able to obtain indemnity from thecorporation.

Insurance coverage

Generally speaking, from the point ofview of liability, corporations carry twotypes of insurance coverage, as follows:

1. Commercial general liability cover-age, which generally protects thecorporation in the event of liabilitywith respect to property damage orphysical harm.

The board should periodically review committees, their functioning and composition, and make changes in such

committees where the board feels it necessary.


board has properly appointed suchcommittee and its members and out-lined its mandate, likely be coveredunder the general liability insurancepolicy of the corporation so that anyaction against the committee member,the committee or the corporation, willbe defended and indemnified by thecorporation’s insurer.

The theory here is that the commit-tee and its members, so appointed bythe board, are, in effect, agents of thecorporation so that the corporation’sinsurance comes into play to protectboth the corporation and its agents. Ihave had the opportunity of discussingthis matter with an insurance brokerwho indicates his understanding thatthe insurers may well view such a com-mittee member as an “appointed offi-cer” and provide coverage for such per-son.

Again, this is not an absolute assur-ance that such will occur but is a theo-ry upon which an insurer may welloperate.

Where monetary loss results to athird party

It is difficult to envision a situationwhere a committee or its memberscould cause monetary loss, as opposedto physical harm or property damage,to a third party. In theory, I suppose, itis possible that a committee personcould order goods for which the corpo-ration refuses, ultimately, to pay and athird party may have a claim. In a moreesoteric way, it is possible, for exam-ple, that the committee could do some-thing to the grounds of the corporationwhich devalues a unit or units, therebyallowing such owners to sue for loss ofvalue of their unit. These are far outand unlikely scenarios but, in theory,could occur.

In such a situation, where there hasbeen no property damage or physicalharm, a general liability policy willlikely not play a role. The next ques-tion is whether or not the typical direc-tors’ and officers’ liability policy willcover the committee member.

Certainly, such policy covers theboard members and actual officers ofthe corporation. It is arguable here that

a committee person, properly appoint-ed by the board with a mandate outlinedin a board resolution, may also be con-sidered to be an agent of the corporationor “an appointed officer” so that theinsurer may provide coverage for suchperson. Again, this is only a possibleargument to be made.

Protection of committee mem-bers

A wise board will seek to protect mem-bers of any committee by establishingthe committee by a board resolution,shown in the minutes of a board meet-ing, such resolution describing in gen-eral or specific terms the parameters ofthe function of that particular commit-tee, which may in insurance law pro-vide the necessary nexus with the boardand the corporation so as to provideinsurance protection to that committee.If the board, in addition, places one ormore of its members on that commit-

F O R P R A C T I C A L S O L U T I O N S

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ONTARIO’S LEADING CONDOMINIUM LAW PRACTICE GROUP

John A. (Sandy) [email protected]

Warren D. [email protected]

Tina Flinders(Law Clerk)[email protected]

Audrey M. [email protected]

Patricia M. Conway (Litigation)[email protected]

Denise M. [email protected]

Anthony D. Scane(Construction)[email protected]

tee, then the connection can only beenhanced so as to provide such protec-tion.

Summary

In summary, committees can be veryuseful to the board and corporation ifthey are properly mandated and con-trolled. Committees should be createdin such a manner as to potentially pro-vide the greatest protection to suchcommittee members who, by and large,are volunteers wishing to assist the cor-poration and without realizing thepotential risk being run.


any significance or at least do not wantthem without their permission.

The Condominium Act and a variety ofother legislation limit the actions ofdirectors. We will discuss only the lim-itations contained in the CondominiumAct but other legislation such as thatgoverning workplace safety, health andsafety of residents, fire safety and ele-vator safety, for example, may alsolimit what can be done and attentionshould be paid to their requirements.

DUTIES OF THE CORPORATION

The corporation has certain responsi-bilities and the directors, as the govern-ing body, are responsible to ensure thatthe corporation discharges them proper-ly. Though not all-inclusive, directorsshould be aware of the following:

Section 90 - The corporation shallmaintain the common elements.

Section 93 - The corporation shallestablish and maintain one ormore reserve funds.

Section 94 - The corporation shall con-duct periodic studies to determinewhether the amount of money inthe reserve fund and the amountof contributions collected by thecorporation are adequate to pro-vide for the expected costs ofmajor repair and replacements ofthe common elements and assetsof the corporation.

Section 115 - A person who receivesmoney on behalf of or for thebenefit of the corporation, includ-ing money received from theowners as contributions to thecommon expenses or the reservefund, shall hold the money,together with interest and otherproceeds earned from investingit, in trust for the performance bythe corporation of its duties andobligations. This Section alsorequires establishment of generaland reserve fund bank accounts,depositing monies to the appro-priate bank account, investing ineligible investment, preparationof investment plans and keepingof investment records.

DUTIES OF DIRECTORS AND THESTANDARD OF CAREAs presented at the 2005 National ACMO/CCI Condominium Conference

JOHN M. WARREN, CAADAMS, MASIN & TILLEY, LLP

When the latest Condo-minium Act cameinto force in 2001 and

condominiums were required to proper-ly fund their reserve for major repairsand replacements, a number of direc-tors were subject to a lot of uninformedand unfounded criticism for raisingfees, including requisition meetings,with a promise by the requisitioninggroup that, if elected, they woulddecrease fees, not only rolling back theincreases due to funding the reserve butcutting common element fees across theboard. Unfortunately these groups didnot understand that there is no landlordand no profit margin to squeeze, thatthe only way to cut fees is to cut costsand that, barring waste, of which thereis typically very little, there are onlytwo ways to do that, reduce mainte-nance standards or reduce service lev-els. When elected these groups quick-ly find that they are constrained in theirdesires because, fortunately for thoseliving in condominiums, there arerestrictions on the ability of directorsto cut costs and services. I say fortu-nately because most owners typicallydo not want changes or service cuts of


continued …

Section 17 – Directors are required:

To manage the property andassets of the corporation onbehalf of the owners;

To control, manage and adminis-ter the common elements andassets of the corporation and;

To take all reasonable steps toensure that the owners, the occu-piers of units, the lessees of thecommon elements and the agentsand employees of the corporationcomply with this Act, the declara-tion, the by-laws and the rules.

Section 40 – Directors have to discloseany conflicts of interest andneither be present when thematter is discussed nor vote onthe matter.

Section 56 – Directors may make,amend or repeal by-laws, notcontrary to this Act or to the dec-laration that shall be reasonableand consistent with this Act andthe declaration (Notice to and avote of owners is required).

Section 58 – Directors may make,amend or repeal rules respecting

the use of the common elementsand units that shall be reasonableand consistent with this Act, thedeclaration and the by-laws.(Notice to owners is required anda vote if 15% of owners requestone).

Section 97 - Directors may make addi-tions, alterations or improve-ments to the common elements, achange in the assets of the corpo-ration or a change in a servicethat the corporation provides tothe owners:

Without notice if the estimatedcost, in any given month of mak-ing the additions, alteration,improvement of changes is nomore than the greater of $1,000and 1% of the annual budgetedcommon expenses for the currentfiscal year.

With notice if not substantial andwith vote only if 15% of ownersrequest one.

With notice and vote of 66 2/3%of owners voting in favour if sub-stantial - estimated costs over10% of current annual budgetedexpenses.

Section 119 - A corporation, the direc-tors, officers and employees of acorporation, a declarant, the les-sor of a leasehold condominiumcorporation, an owner, an occu-pier of a unit and a person havingan encumbrance against a unitand its appurtenant commoninterest shall comply with thisAct, the declaration, the by-lawsand the rules.

STANDARD OF CARE FORDIRECTORS

In discharging their responsibilities,directors must take care to perform theirduties responsibly and the Act sets outthe standard their conduct is to bejudged against and consequences forfailure to meet the standard.

Section 37(1) - Every director andevery officer of a corporation inexercising the powers and dis-charging the duties of office shallact honestly and in good faith;and exercise the care, diligenceand skill that a reasonably pru-dent person would exercise incomparable circumstances.


Section 37(2) - A director shall not befound liable for a breach of a dutyif the breach arises as a result ofthe director’s relying in goodfaith upon, financial statementsof the corporation that the auditorin a written report, an officer ofthe corporation or a managerunder an agreement for the man-agement of the property repre-sents to the director as presentingfairly the financial position of thecorporation in accordance withgenerally accepted accountingprinciples; or a report or opinionof a lawyer, public accountant,engineer, appraiser or other per-son whose profession lends cred-ibility to the report or opinion.

Section 38 - No director or officer of acorporation shall be indemnifiedby the corporation in respect ofany liability, costs, charges orexpenses that the person sustainsor incurs in or about an action,

suit or other proceeding as aresult of which the person isadjudged to be in breach of theduty or act honestly and in goodfaith.

Section 136 - Unless the Act specifical-ly provides the contrary, nothingin this Act restricts the remediesotherwise available to a personfor the failure of another to per-form a duty imposed by this Act.

Section 137 - Every corporation underthis Act or any other Act andevery other person who knowing-ly contravenes certain sections isguilty of an offence and on con-viction is liable to a fine of notmore than $100,000 if a corpora-tion or $25,000 if not a corpora-tion. It is an offence for a direc-tor or officer of a corporationwithin the meaning of this Act orany other Act to knowinglycause, authorize, permit, partici-

pate in or acquiesce in the com-mission by the corporation of anoffence mentioned above.

Offence sections relevant to directorsare: Section 55 - maintenance ofrecords, Section 115 - money andinvestments, Section 118 - entry bycanvassers for elections, Section 131 -appointment of an administrator.

DIRECTORS AND OFFICERSLIABILITY INSURANCE

Section 39 stipulates that directors andofficers liability insurance is to be pur-chased where reasonably available.However, it goes on to say that thisinsurance shall not cover liability as aresult of a breach of the duty to acthonestly and in good faith. Further, itappears that insurance companies aredeclining coverage if liability ensueswhen the board acts contrary to profes-sional opinions received. One insur-


ance company has indicated that it willnot cover liability arising as a result ofdirectors proposing a plan for futurefunding of the reserve for major repairsand replacements that is different fromthat proposed by the reserve fund studyconsultant.

It appears that if the directorsdecide they have more knowledge thanthe professionals and they are wrong,there may not be coverage against lia-bilities so incurred and, therefore, theymay be putting their personal assets atrisk and no director should expose theirpersonal assets to loss, no matter howremote the possibility.

HOW TO DETERMINE WHATOWNERS WANT

In a word, communicate. The bestboards communicate changes they arecontemplating and seek input beforemaking decisions, whether it be achange to clean the windows andgarage only once a year; reducingconcierge coverage, making cosmeticchanges to the common elements orundertaking major repairs and replace-ments. They use newsletters, surveys,information meetings and the AnnualGeneral Meeting to inform owners oftheir plans and seek input.

There is a saying in the condomini-um community that, unlike normal lifewhere you can please some of the peo-ple all of the time and all of the peoplesome of the time, in condominiums youcan’t please all the people at any timeand some people you can’t please ever,or so it seems. So directors must ensurethat their decisions satisfy most of thepeople all of the time and that when anunpopular decision is required, ensurethat they can support the decision asbeing required in the best interests ofthe entire community.

Unpopular decisions have to bemade fairly regularly—witness theannual budget brouhaha—but muchcriticism can be avoided with propercommunication.

CONCLUSION

So what does all this mean and howshould the directors go about discharg-

ing their duties? How do they balancetheir duties with the conflicting require-ments of a clean well-run and well-maintained building with good servic-es but low fees? I am reminded of theGreek myth where the hero, I thinkHercules, has to clean out the stablesand finds that as fast as he shovels thebrown stuff out one end, even more iscreated at the other end.

Being a director in a condomini-um may seem overwhelming and thetask a little Herculean but it is not thathard to be a good director. A directormust act and be seen to act for the ben-efit of all owners; they must repair thecorporation’s portion of the buildings(the common elements) and maintainthem in good shape; they must be finan-cially prudent every year and plan forfuture major repairs and replacementsand they must provide the services andservice levels that owners expect.

You can’t go far wrong if you:

• Don’t do anything your motherwould not approve; be kind; be morethan reasonable.

• Don’t do anything that reasonableowners would not approve, that is thestandard — the reasonable and pru-dent person and decisions should begauged against it.

• Follow good governance principles,adhere to a director’s code of ethics,use a sealed tendering process; recordall decisions at proper directors meet-ings and review financial statementscarefully.

• Don’t engage in conflict of interesttransactions if at all possible and thenonly with widespread communica-tion to owners before the fact.

• Communicate early, communicateoften and communicate some more .Ensure owners know about all majorprojects, problems and changes beingcontemplated and provide opportu-nities for them to provide inputbefore decisions are made.

• If you have any doubt about owneracceptance of change (and, except forthe most minor of changes, youalmost always should have), consid-

er electing to treat the change asrequiring notice or a vote so youknow you have support for your deci-sion.

• Engage professional managementand rely on their advice—ACMO2000 companies and RCM managers.Quality management is the singlemost important decision directorsmake as these are the professionalswho guide you in the day-to-day con-duct of the business of the corpora-tion and the personal aspects of yourrole; who know the risks and pitfallsand who have the abilities to dealwith them effectively.

• Use, rely on and follow the advice ofother professionals, lawyers, engi-neers, consultants and auditors wherethe directors do not have demonstra-ble expertise.

• Become educated – All condomini-ums should join CCI and ACMO.Directors should read the magazinesthey publish and attend CCI directorcourses and other seminars of inter-est.

So take heart, take advice, take cours-es, remember to ask yourself what yourmother would think and you will be afine director and make a significant andpositive contribution to your commu-nity.

John M. Warren, C.A. is a partner withAdams, Masin & Tilley LLP, CharteredAccountants who provide audit andfinancial services to over 175 condo-miniums. He is a member of theAssociates Executive Committee ofACMO and is Vice-Chairman of TheCanadian Condominium Institute –Toronto and Area Chapter. He writesregularly on financial matters in condo-miniums and is a frequent speaker ateducational programs for managersand directors and at condominium con-ferences and seminars.


the money in a high interest savingsaccount at a Canadian chartered bank,but admitted that investments are nothis firm’s forte.

Mary realized that sheneeded to speak to an expert.“At first, I wasn’t really awarethat a financial advisor couldbe used to help our condomanage our reserve fund,”Mary said. She also didn’trealize the impact that betterreturns could have on thevalue of the fund (Exhibit 1).

Achieving a better returnon the investments means that condoboards can slow the increases in fees tothe owners. With constant pressurefrom owners to keep fees down, betterinvestment performance can be a hid-den gem for condo boards in battlingrising costs.

How does a condo achieve betterinvestment performance?Section 115 of theCondominium Act ofOntario permits condosto invest their reservefunds in a list of “eligiblesecurities”, whichincludes federal andprovincial bonds. Thesebonds are guaranteed bythe government thatissues them, and haveyields that tend to bemuch higher than the

GIC rates posted by the major banks(Exhibit 2). Unlike most GICs, bondscan also be easily sold in the open mar-ket if the condo has an unexpected need

for its cash after the investment is pur-chased.

Great returns are not the onlyconcern in reserve fund investing; infact, they’re not even the top priority.Safety and liquidity are far more impor-tant considerations. Nevertheless,Treasurers like Mary are beginning tosee the value in speaking to a profes-sional advisor about their condomini-um’s investment performance. Or, asMary put it, “it’s definitely worth look-ing into.”

* Name changed for anonymity

Greg Holohan is an InvestmentExecutive with ScotiaMcLeod. He spe-cializes in helping condominiumsimprove the performance of theirreserve fund investments. He can bereached at 1.800.447.5854.

Working with a ProfessionalFinancial AdvisorBY GREG HOLOHAN, INVESTMENT ADVISOR, SCOTIAMCLEOD

Mary Smith* is theTreasurer of a 250-unit condominium

building in downtown Toronto. She hasa full-time job and is well respected forher work in the business communityand with non-profit organizations.Mary balances her schedule carefullyto ensure that she meets her responsibil-ities to the condominium owners andthe board.

Not long ago, she was asked aboutthe investment performance on her con-dominium’s reserve fund. “I honestlydidn’t know,” she said. “I had to look.I knew that our property manager tookcare of actually investing our money.”

Her property manager is diligentand hard working, but he also hasnumerous responsibilities that demandhis time. After all, his firm takes care ofeverything from security to snow-removal, and from elevators to electric-ity. He did a capable job by investing


The Reluctant DirectorBY RON DANKS, B.A.,(HONS), L.L.B., ACCI, FCCIPARTNER, SIMPSON WIGLE LLP

omecondominiumdirectors are

under the mistakenbelief that if they don’tlike a decision that isbeing made or do notfeel comfortable inparticipating in thedecision making process,they should simplyabstain from voting. In both instances, theywould be wrong to do so.

In the Condominium Act, 1998,Sections 40 and 41, discuss the issue ofconflict of interest. Simply speaking,where a director has a financial interest ina contract or transaction that the corpora-tion is considering entering into, he orshe must disclose that conflict. At thatpoint, they must excuse themselves from

S

The Reluctant Director

Spring 2006 thecondovoice 23Spring 2006 thecondovoice 23Spring 2006 thecondovoice 2323

attending any meeting, (or at least aportion of it), where that matter will bediscussed and/or voted upon.

In a broader sense, the choice ofabstaining from a vote is only consid-ered appropriate where the director hasa financial interest in the decision beingmade, (similar to that set out in the Act)or, in some cases, where a director maybenefit in some other fashion as a result

of a decision to be made by the board.An example of the latter may be wherea director has applied for consent tomake an alteration or improvement tothe exclusive use common elementsassigned to his or her unit. Even if thatdecision is routine, (i.e. that the boardhas regularly granted such consent toother owners), that director should dis-close the conflict and have it noted inthe minutes; should not participate inthe discussion other than to answerquestions and should abstain from vot-ing on the issue. Where the issue iscontentious, the director should alsoexcuse himself or herself from that por-tion of the meeting where it is discussedor voted upon.

In all other circumstances, a boardmember must either vote yes or no toall decisions properly placed before theboard. A director cannot abstain froma vote simply because they do not agreewith the decision of the majority but forsome reason doesn’t want to have therecords show he or she voted againstthe decision. If faced with such a direc-tor who abstains from voting the Chairshould declare the abstention improperand indicate that director’s vote willbe considered as a “yes” vote in sup-port of the majority decision unless heor she clearly states it is a “no” vote.The Chair should then note that direc-tor’s vote as being for or against themajority decision and have it recorded

in the minutes accordingly.Where a director wants to abstain

because he or she was not prepared,the Chair should again declare theabstention improper and indicate thatthe minutes will show that director’svote as being in support of the majori-ty decision. The appropriate positionof the director who attempts to abstainin that case would be either to simply

vote no with an explanation that theywere not prepared or request that thematter be deferred to a later meeting toafford them the opportunity to furtherreview the matter. This is assumingthat the director in question should havebeen prepared to make a decision tak-ing into consideration all other circum-stances. If, for example, a key report orfinancial statement was not provided tothat director or was provided very late,the chair should seriously considerdeferring the vote to another meeting.This does not necessarily mean theboard must wait until the next regular-ly scheduled board meeting. Subject tothe notice requirements of the Act andthe corporation’s By-Laws, a quick and“short” meeting could be called to dealwith that issue.

Directors who do not indicate inany fashion how they intend to vote,are considered to have voted with themajority by reasons of their “acquies-cence”, (i.e. silence), and their voteshould be recorded as such.

In the writer’s opinion, directorswho routinely try to distance them-selves from the decision makingprocess by abstaining or acquiescingare not fulfilling the standard of careexpected of them under theCondominium Act, 1998, or by theirunit owners.

Many boards of directors have alsoexperienced the difficulty of having to

deal with an individual board memberwho, once elected, seems to disappearinto thin air. They tend not to attendmany meetings, or if they do, they donot provide any real input into the dis-cussion. Other symptoms of the invis-ible board member include the failureto complete assigned tasks on time, if atall; never volunteering to take on work;failing to read financial statements and

other reports provided in anticipationof board meetings; and rehashing issuesthat have already been dealt with at aprevious meeting, either because theindividual did not attend it, or didn’tpay attention when the matter was dis-cussed.

There is also no single cure fordealing with the invisible board mem-ber. There are, however, steps that maybe taken to prevent such an individualfrom getting on the board in the firstplace or, once they are on, to draw themout of their shell. Here are a fewthoughts:

• Start at the beginning. Whenyour corporation issues its preliminarycall for directors, consider adding a“job description”. The descriptionshould set out how many meetingsboard members would normally beexpected to attend in the fiscal year,how long the board meetings usuallylast, where and when they are usuallyheld, roughly how many hours a direc-tor may have to spend on corporationbusiness during the year in total, andany special tasks that directors mightbe requested to deal with. The jobdescription should be followed by aclear, concise statement indicating thatanyone who is elected to a position onthe board will be expected by the unitowners and the other board membersto live up to that commitment. It is also

Directors who do not indicate in any fashion how they intend to vote, areconsidered to have voted with the majority by reasons of their “acquiescence”,

(i.e. silence), and their vote should be recorded as such.


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a good idea to advise prospective can-didates that they will be expected totake a condominium directors educa-tional course from a chapter of theCanadian Condominium Institute,(“CCI”) at the earliest available oppor-tunity after their election, (at theexpense of the corporation). A similarstatement should be made at the annu-al general meeting prior to the electionof the directors. You might go so faras to require that anyone who accepts anomination stand up at the meeting andagree that they will fulfill the jobdescription set out by the board to thebest of their ability.

• Information package. Considerdeveloping an information package fornew directors containing an outline oftheir responsibilities; any policies thatthe board or previous boards may havedeveloped in respect of the administra-tion of the condominium; the minutesfrom the last 6-12 board meetings, (togive the new director a feel for whathas recently been going on at the boardlevel); a list of the other board mem-bers’ names, telephone numbers andaddresses as well as those for the prop-erty manager, auditor and corporation’ssolicitor; and any other pertinent infor-mation that you may feel is important inrespect of your own site.

You may also want to round outthat package by providing copies of theDeclaration, By-Laws and Rules,(assuming the new director does nothave an up-to-date set), and providinga copy of the “CondominiumHandbook” by Gerry Hyman and/or a“Shortened Version of the Condomin-ium Act, 1998:, both produced by CCIand available through local chapters.

• Facilitate Involvement. Someindividuals may make a very goodboard member but may not be as avail-able to attend board meetings as others.In that regard, every corporation shouldensure that their By-Laws include aprovision that allows directors to bepresent by way of a conference call.This may mean acquiring a conferencecall system for your board room ormaking other arrangements such that aconference call can be used.

Directors who are going to beabsent for a number of months becauseof a long vacation, (e.g. “snowbirds”),should be advised that they will beexpected to participate by conferencecall at board meetings. In that case, youshould ensure that any reports, boardminutes or other pieces of informationdisseminated to the board members willbe sent to wherever the individual isvacationing.

NOTE: This would not apply to aboard member who may be taking atwo-week vacation and as a result maymiss one meeting. Everyone deservesa break now and then, especially condodirectors!

• Build confidence. A good chairwill recognize that not all individualsare good public speakers or have theconfidence to actively engage in dis-cussions during board meetings. Suchan individual is not necessarily apathet-

ic but simply may not be comfortable inspeaking out, especially if they are anew director. When faced with suchindividuals, a good chair will ask themfor their opinion rather than wait for itto be given. By slowly drawing suchindividuals into the flow of the boardmeetings, you may be pleasantly sur-prised at how quickly they can becomean active member.

• Praise works. Don’t hesitate topraise a job well done by a board mem-ber. This helps to build confidence andencourages more participation. Useconstructive criticism judiciously.Even though you may think that youare trying to help the individual bypointing out some shortfall in the workthat they have completed, that individ-ual may perceive it as a rebuke whichcauses them to withdraw even furtherfrom actively participating in the board.

On the other hand, where an indi-


vidual director consistently fails to par-ticipate in board meetings or fails tocomplete assigned tasks on time with-out reasonable excuse, the remainingboard members may find it necessaryto censure him or her. Depending uponthe seriousness of the matter, the boardmay choose to censure the individual“off the record” or have it included inthe minutes recognizing that those min-utes may be read by the unit owners.

• Code of Ethics. CCI-National hasdeveloped a Code of Ethics for direc-tors. This Code is based by and largeon a Code of Ethics that was developedby Mr. Bob Gardiner, a partner in thelaw firm Gardiner, Miller, Arnold LLP,and Past President of the TorontoChapter of CCI. This Code of Ethicssets out the standards to which boardmembers will be expected to adhere toduring their term of office. It discuss-es such things as regularly attendingboard meetings, actively participating

in the board, refraining from discussingcorporate business outside of the board-room, and treating other board mem-bers with civility and respect.Corporations might be well advised toadopt this Code of Ethics, publicize it inadvance of elections and, prior to anelection taking place, request that theindividual nominees agree in advanceof their election to abide by the Codeshould they be elected. That agreementshould be noted in the minutes for theowner’s meeting. (Note: some condo-miniums the author works with haveactually incorporated the CCI Code ofEthics for Directors into their by-lawsto ensure that future “rogue” boardmembers will have some accountabili-ty to the owners).

• And finally. When the presidentmakes his or her report at the annualgeneral meeting, he or she should makea point of thanking specific directorsfor their work on the board in the past

year, especially those involved inunique projects, (likewise, someoneshould thank the President). Retiringdirectors should be thanked for theirdedication to the corporation and theirwork on the board. Consider giving asmall gift or plaque to retiring directorsto show your appreciation. Letting peo-ple know publicly how much they areappreciated will encourage other indi-viduals of a like mind to run for theboard of directors.

Ron Danks, (B.A.,(Hons) LL.B. , ACCI,FCCI) is a partner with the Hamiltonand Burlington business law firm ofSimpson Wigle LLP. Ron has practisedin the field of condominium law andadministration for 20 years. He is adirector and the Past - President of theGolden Horseshoe Chapter of theCanadian Condominium Institute andis a Director and Past- President of theNational Board of Directors for CCI.© 2005 Simpson Wigle LLP


tion. A good newsletter can be animportant vehicle for communication.

An important reason for having anewsletter is to inform owners aboutpolicies, changes in the condo rules andto get feedback from them. A newslet-ter that does this fulfills a crucial role ininternal communications — but that’sonly part of what a good newsletter cando. Newsletters help networking with-in a condo. Owners find out what activ-ities the Board is involved in and whatits members are up to.

Newsletters can promote a senseof belonging. By including informa-tion, such as stories about importantevents in owners’ lives, a newsletter canturn some big condos into a family.Stories about unit owners help them todevelop a pride in their corporation anda pride in themselves as its unit owners.

What Makes a GoodNewsletter?

For some owners, a newsletter may bethe only contact they have with theboard and other owners. For some, this

may be the only contact they want. Allowners are, however, interested inreceiving information as opposed toactively participating in activities andmeetings. This will come as no sur-prise for the small percentage of own-ers who are the organizers, speakers,writers and publishers of the informa-tion owners clamor for.

Information Equals Control

Information is a powerful force.Owners’ anxieties often result fromuncertainty about condo living, theinability to obtain information aboutboard decisions and the general feelingthey have no control over the place theycall home. Thus, you carry a heavyburden — your newsletter, for manyeyes, is the Board. Therefore, you muststrive to make it a publication ownerswill want to read.

How can you accomplish this feat?Publishers and editors who want a first-rate newsletter know they must build itusing fresh graphics, good photographyand interesting and helpful information.

How to Publish and Use aNewsletterto Keep Owners Happy!BY MILTON W. ZWICKER, B.COMM., LL.B.

What is the secret tohappy and satisfiedcondominium own-

ers? Satisfied owners are the result ofwell-planned and focused energiesdirected toward that end. Angry own-ers, rumours, disputes with directorsand quarrelling owners often evolvefrom poor communication. Anecdotalevidence suggests happy and satisfiedowners live in condos where boardswork hard to keep owners wellinformed. A vital factor in the successof many condos is the skill with whichtheir Boards communicate with own-ers. Effective Boards have, as one oftheir goals, keeping in constant touchwith the owners and responding to theirneeds and expectations.

Communicate, Communicate, Communicate

We often think of condominiums asbuildings instead of people. Thus,maintaining a successful condo is aboutrelationships between people — andrelationships are based on communica-


Does you newsletter meet the needs ofowners? Want a really quick responsefrom your readers? Include a “feed-back” form.

A Well-Defined Purpose

If you want your newsletter to work,first define its purpose. You may thinkthe purpose is obvious—to communi-cate with owners. This purpose is notspecific enough. You not only want toinform your owners, but you want themto take some action, to do somethingbecause of reading your newsletter.You might want your owners to knowhow the Reserve Fund study will affectthem. They might want to know howchanges in condo laws will affect them.

Whatever you want to accomplish,spell it out in a short statement of yournewsletter’s purpose.

Practical Content

You must continuously ask yourselfwhat owners need and want to know.Do you need to persuade them orinform them about some matter thatwill affect them personally such as aspecial assessment?

Keep in touch with your ownersfor information that may interest them.Spend time on the telephone askingowners what they think of yournewsletter. Thus, make your writingreader-centered not writer-centered.

Readers will only read what they

want to read, not what you believe theyshould. The content, in the end, willmake or break any newsletter. What iscontent and why is it important to thisdiscussion on newsletters? Surveys andresearch show that newsletter readersread in this order:

1. News

2. Features

3. A calendar/events

4. Columns

5. Reprints

What is News?

News means: new information — timedated — relevant to readers — from thereaders point of view — hard news, not

www.ccfranzen.comTel: (416) 366-4975 ● [email protected]

CHECK US OUT!SINCE 1927

You not only want to inform your owners, but you want them to takesome action, to do something because of reading your newsletter.


soft news. Soft news means gossip. SoI question the value of a “Chair’sReport.” Surveys show that a“President’s Message” and other simi-lar material is not relevant for mostreaders.

Lively WritingYour readers are important but chancesare they don’t want to read technicallanguage. Long sentences, long blocksof type with no sub-headlines to breakthem up are obstacles to readability.Newsletters have a style of their own.Newsletter style has the following char-acteristics:

1. Limited space means you must jumpinto the subject immediately.Newsletter readers want brevity, sothey want you to get to the corequickly.

2. This is the age of the sound bite. Somake your items short and simple.What is simple? The rules are:

a) No sentence longer than 20words;

b) No paragraph longer than ninelines;

c) No story longer than eight para-graphs

d) Use strong nouns and verbs;

e) Use the active voice;

f) Use metaphors sparingly. InPinckert’s Practical Grammar,the author says: “Metaphors mustbe used to make writing vivid,but used carefully, so that theyare neither dead clichés nor far-fetched and strained.”

g) Use you. Remember, you arewriting a letter to a reader. That’sa singular you and a singularreader.

Good DesignLayout and design are art forms but youcan learn the basics. Don’t ignore theappearance of your newsletter. Thefront page is the first thing a reader willsee. The front page must catch yourreaders’ attention and lure them inside.A good-looking nameplate and logo areessential. Good margins and adequate

white space between paragraphs arecritical. Long paragraphs make for dif-ficult reading.

Headlines

Headlines are the most read part ofnewsletters. A headline is the bait tolure readers to continue reading. If youhad seven days to write a story do whatGOD did — spend six days writing theheadline.

How to improve your headlines:

1. Use Subject + add a verb — actionverbs are best.

2. Put the key words early in the head-lines.

3. Motivate readers with “you”, e.g.Is coffee giving you heartburn?

4. Avoid modifiers.

5. No rules on length.

6. Watch out for unwanted meanings.

7. Keep a file on headlines you readand like.

A Printing Format

Although content will maintain yourreaders over the long haul, you cannotignore how your newsletter will look.Will you print or duplicate yournewsletter on a photocopier? Offsetprinting will produce the most profes-sional-looking job but this is not neces-sary for most condo newsletters.

Get Owner Feedback

Want to keep your newsletter from get-ting stale? If you do, you must knowwhether your newsletter is doing thejob you intend it to do. To do this, aska random sample of your owners. Inaddition, distribute a questionnaire withyour newsletter, at least annually.

Publish Regularly

Set up a schedule and publish regular-ly. A newsletter published regularly isa better communication tool than oneproduced sporadically. Since one mainfunction of a condo newsletter is to helpowners make judgments about theirinterest, frequent advice they can relyupon is critical.

Establish a Budget

It costs money to produce a newsletter.This cost will depend upon the qualityand frequency of your publication. ABoard that is not willing to set up asufficient budget allowance shouldstay out of the newsletter business.

Launching a newsletter needn’tbust your budget. Now, you can pur-chase inexpensive software withnewsletter templates or use the columnlayout feature of your word processor.You don’t need to incur the expense ofprinting. You can reproduce copiesfrom one laser-quality master at aquick-print shop. It’ll save the wearand tear on your own copier. And 200copies should run less than $25.

Commitment

Get a long term commitment fromthose who will staff and write thenewsletter. The idea of a condo’s firstnewsletter usually evokes much initialenthusiasm. The trick is to sustain theenthusiasm. Unless you hire profes-sional help, volunteers must report,research and write the newsletter. Thistakes time. If you cannot get a com-mitment from people in your condo tocarry out many tasks, why attempt thejob in the first place?

Keep it Simple

To avoid being consigned to an unreadstack, smart newsletter publishers takea minimalist tack. They limit their pub-lications to one or two 8.5 x 11 inchpages. Two or three-line blurbs aregood. No confusing jargon. No long-winded pitches. Just quick, readablebites of advice and information.

Milton W. Zwicker is the author ofSuccessful Client Newsletter: TheComplete Guide to Creating PowerfulNewsletters.

Attention CCIMembers!


The documentson the followingthree pages: Code ofEthics for Directors*, Code of Ethics for Ownersand Meeting Rules of Conductwere prepared by J. Robert Gardinerwith the firm Gardiner Miller Arnold LLPin Toronto.

They may be used as presented – or ideally,be supported by owners in by-law enablingprovisions the next time yourCorporation wishes to up-grade itsby-laws.

*the Code of Ethics for Directorswas adopted by CCI Nationalin 2003 and is available todownload from the CCI-N website atwww.cci.ca

™

DIRECTORS’ CODE OF ETHICS

RE: CONDOMINIUM CORPORATION NO. .

I have consented to act as a Director of the Corporation and I agree to comply with the following Directors’ Code of Ethics throughout my terms as a Director:

Honesty and Good Faith – I will act honestly and in good faith. I will do nothing to violate the trust of the unit owners I serve.

Care, Diligence and Skill – I will exercise the degree of care, diligence and skill of a reasonably prudent person in comparable circumstances. Iwill make a concerted effort to attend all Board and owners’ meetings. I will act responsibly and with due diligence to become familiar with the affairsof the Corporation and to uphold its Declaration, Description Plans, By-Laws, Rules, Resolutions, Policies, Agreements and Requirements of theCondominium Act and other legislation.

Conflict of Interest – I am not currently aware of any actual or potential conflict of interest with respect to any contract, transaction, building defi-ciency claim, warranty claim, legal action, proceedings or any matter detrimental to the Corporation. If I become aware of any conflict, I will immedi-ately disclose it to the Board. I will not promote my own interests or those of any owner, resident, family member, friend or contractor to the detrimentof the Corporation. I will not seek any special benefits or privileges as a Director or Officer or accept any compensation either personally or on behalfof any other person except as permitted by a By-Law. I will act only in the best interests of the Condominium Corporation as a whole and I will not favourthe interests of any individual or group of owners or residents.

Confidentiality – I will not disclose to any person (including my spouse) information decided by the Board to be confidential or privileged or whichreasonably ought to be deemed confidential. When in doubt, I will request determination by a resolution of the Board.

Good Conduct – At all times, I will conduct myself in a professional and businesslike manner at meetings of Directors or Owners. I will approach allBoard issues with an open mind, preparing to make the best decisions on behalf of the Corporation. I will act ethically with integrity and in accordancewith legal criteria. I will comply with rules of good conduct and will deal with others in a respectful manner. I will comply with principles of goodgovernance and procedural rules of order.

Support – I will abide by decisions of the majority of the Directors even though I may disagree, but I reserve the right to express my own views to own-ers upon non-confidential issues.

Defamation – I will not make erroneous or defamatory statements about the Corporation or any owner, resident, director, officer, manager, staff orcontractor of the Corporation.

Minimize Conflict – I will attempt to prevent or minimize conflict and disruption and will promote good relations amongst persons involved in ourCondominium Community. I will promote a first class image for our Corporation, its units, owners and residents.

Education – recognizing that governance of a Condominium Corporation involves complex and changing requirements, I will continue to educate myselfby reading relevant magazines (such as CCI’s CondoVoice, CM Magazine or Condominium Business Magazine). I will support attendance by one or moreBoard members at any condominium seminars presented by the Canadian Condominium Institute (CCI), including CCI’s Basic Directors’ Course and CCIAdvanced Directors’ Courses at the cost of the Corporation.

Agreement – I hereby agree to comply with the provisions set out in this Directors’ Code of Ethics.

Dated at this day of , 20

WITNESS:

SIGNATURE

PRINT NAME OF DIRECTOR UNIT NO.

[You are free to use this Code of Ethics in its current form; if you alter this document in any form, you must note it is modified from the CCI originaldocument.] If your Condominium uses this code, please let CCI know – e-mail: [email protected]

Canadian Condominium Institute / Institut canadien des condominiums2175 Sheppard Ave. E., Ste. 310, Toronto, ON M2J 1W8 • Web site: www.cci.ca Tel.: (416) 491-6216 • Fax: (416) 491-1670 • E-mail: [email protected]

™



CONDOMINIUM OWNERS’CODE OF ETHICS


CONDOMINIUMMEETING RULES OF CONDUCT


Member News™

Welcome to the Following New CCI Toronto Members

Corporate MembersMTCC #0596

PCC #0003

PSCC #0666

TSCC #1662

TSCC #1670

TSCC #1686

TSCC #1687

TSCC #1690

TSCC #1698

TSCC #1703

TSCC #1710

TSECC #1658

YCC # 0202

YCC #0304

YCC #0371

Professional Members

Andy AtrensAtrens Management Group Inc.

Paul FerriRemax Commercial Focus Inc.

Adele ReadARC Insurance & Financial Services

LouAnne ScottKente Property Management Ltd.

Bruce TowerPCC #0121

Karen KisielElia and Associates

Kamal SharmaChannel Property Management Ltd.

Sponsor (Trade) Members

James CavanJames Cavan Management Ltd.

Peter RamosFusion Corp Restoration Services

Paula SwartImpact Recreation Management

Individual MembersN. Iannazzo

S. Powell

N. Simpson

L. Stepaniom

P. Tagari


Member Profile™

At the December 1st, 2005 AnnualGeneral Meeting of the TorontoChapter of CCI, Mario Deo was elect-ed to serve a three-year term on theBoard of Directors. At the subsequentJanuary 19th Board of Directors meet-ing, Mario was elected by the Board toChair the Public Relations Committee,which oversees the CondoVoice publi-cation. Mario will also serve this yearas a member on the joint CCI/ACMO

Conference CommitteeMario practices condominium law

and acts for condominium corporationsand developers. He became a seniorpartner of the firm Fine & Deo in 1994.At the request of the Ontario Ministryof Consumer and Commercial Rela-tions, Mario participated in drafting andrecommending improvements to Bill38 on behalf of the firm.

Mario has lectured at the CanadianBar Association on Bill 38 and is a fre-quent lecturer at many professionalconferences and seminars, includingthose sponsored by the CanadianCondominium Institute and theAssociation of Condominium Mana-

gers of Ontario. In addition, Mario haswritten and published many articles ona wide variety of legal issues related tocondominium law.

Mario is presently a member of theAssociation of Condominium Mana-gers’ Ethics Committee which reviewsthe alleged misconduct of Condomin-ium managers.

Educational Background Summary:B.A., University of Toronto, PoliticalScience and Economics, 1982LL.B., University of Western OntarioLaw School, 1986Called to the Ontario Bar, 1988

Mario Deo, B.A., LL.B.

Jonathan FineStephen GoodbaumMichael PascuMaria Dimakas

Mario DeoJoseph RyanMarco Graziani

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


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Member News™

The 2005 Annual General Meeting ofthe CCI Toronto and Area Chapter washeld on Thursday, December 1st at theNovotel North York Hotel. The meet-ing, which was followed by a Wine andCheese Reception for members, waswell attended and offered many net-working opportunities for those whoattended.

Elections held that evening saw theelection of one new director, Mario Deofrom the law firm Fine & Deo. (seemember profile page 35). A fondfarewell was given to outgoing direc-tor, Denise Lash who plans to maintainher connection with CCI-T throughinvolvement on various Committees.Her main focus in the coming yearhowever, will be on developing theMondoCondo television show andtrade show.

Reports from the President andvarious Committee Chairs were pre-sented providing highlights on CCI-T’s

activities over the past year. In herreport, President, Janice Pynn reportedthat CCI Toronto had been working ona number of special project initiativeson behalf of the entire industry over thepast year. The first initiative involves achallenge to the Ontario Energy Boardover the current practice of Hydro com-panies charging security deposits equalto approximately 2 months average costof hydro. (For an update on this inita-tive, see the President’s Message onpage 5).

The second initiative involves anappeal to MPAC over assessments onSuperintendent or Guest Suites, whichhave been ‘unitized’ thus becoming atax expense to the Corporation. Again,this initiative is ongoing with a resolu-tion hoped for soon.

The evening also served as a forumfor the annual awards ceremony. The‘Condominium Newsletter of the YearAward’ was presented to the Directorsof Swan Lake, by Public RelationsCommittee Co-Chair, Denise Lash (forfull write up and photos – see page 38).

Awards for the AmbassadorProgram were also handed out – to

4 bronze level recipients: JohnBattistella of Wilson BlanchardManagement; Bonnie Miethig ofSimerra Property Management; andMary Weber of Danridge PropertyManagement. A Silver level award waspresented to Vickie Vancas of SimerraProperty Management.

Condo Voice – Spring 2006Annual General Meeting

Janice Pynn, RCM, ACCI, FCCI presentsthe President’s Report at the 2005 CCI-TAnnual General Meeting.

Vickie Vancas (Simerra PropertyManagement) receives a Silver Pinand leather CCI briefcase as a SilverLevel Ambassador for CCI’s member-ship recruitment program.

CCI-Toronto members network and mingle at the Wine and Cheese Reception fol-lowing the AGM on December 1st, 2005.


Congratulations go out to the Directorsand Residents of Swan Lake for win-ning the 3rd Annual CondominiumNewsletter of the Year Award fromCCI-Toronto. The publication,Lakeview, was selected as this year’swinner by the CCI-T Public RelationsCommittee.

Residents from Swan Lake wereon hand at the CCI-T Annual GeneralMeeting and Wine & Cheese Receptionon December 1st at the Novotel HotelNorth York to receive their award – pre-sented by CCI-T Vice President andPublic Relations Committee co-Chair,Denise Lash. In presenting the award,Denise noted that Lakeview was cho-sen from dozens of entries and shethanked all those who had submittedtheir corporation’s newsletters for con-sideration.

Lakeview had been selected as theoverall winner based upon the follow-ing attributes: a nice clean appearance,easy to read, large print & well spaced,lots of community participation – veryfriendly and welcoming, inclusion ofchild participation (fantastic idea toinclude younger residents), personalresidents stories, profiles sections –

which allows readers to get to meetother residents and members of thelocal community, good coverage oflocal events both at Swan Lake and sur-rounding area which keeps residentswell informed of on-goings with differ-ent social events (“Club News”), slo-

gans to ‘Make you Smile’was a fun feature and the‘In Memorium’ section was anice tribute.

To enter your corpo-ration’s newsletter in thisyear’s contest, submit copieswith a covering letter includ-ing contact information to:CCI-Toronto CondominiumNewsletter of the YearAward, 2175 Sheppard Ave.East, Suite #310, Toronto,Ont. M2J 1W8. Deadlinedate for submissions isMonday October 2, 2006.

The winning corporation will bepresented with an award plaque at the2006 Annual General Meeting, willhave their name posted on the CCI-Twebsite and in the Spring 2007CondoVoice and will also receive acomplimentary registration for threedirectors at a future CCI-T seminar.

Newsletter of the Year Award

Swan Lake residents receive their award at the December 1st,2006 CCI-Toronto AGM/Wine and Cheese Reception. L to R:Margery Brown, Gary Pennington, Sharon McFarquhar, LloydSchneider, Sherrill Pennington, Mary Egli, Denise Lash, AudreyBuckeridge, Vida Bridgeman, Phyllis and Gerry Griffiths

CCI-T Vice President and Public Relations Co-Chair, Denise Lash, holds up copies of the AwardWinning ‘Lakeviews’at the CCI Toronto ChapterAGM.

The ACMO 2000™ quality ofservice certification programoffers condominium corpora-tions an assurance of consis-tent, high-quality service.

ACMO 2000 firms are:

• CERTIFIED by CMSC, with op-erational systems that meetACMO 2000 standards.

• COMMITTED to customer ser-vice through the company-wideuse of written procedures.

• EFFICIENT AND EFFECTIVE intheir internal structures andservice operations.

• AUDITED on an ongoing ba-sis by the Business Develop-ment Bank of Canada.

• ANSWERABLE to the CMSCcomplaints procedure in theevent of unresolved disputes.

ManagedQuality

Assured ResultsCMSC

t. 905-826-6665, 1-800-265-3263e-mail: [email protected]

web: www.acmo.org

Member News™


Calling All Professional Members

CCI – Toronto is inviting all professional members to join our‘Ambassador Program’.

The “Ambassador Program” works as a membership drive forCCI-T to increase our membership in the CondominiumCorporation category. Professional members of CCI-T areencouraged to help recruit their condominium clients and inreturn will receive tangible rewards – possibly even a free mem-bership!

Our aim is to increase our membership of condominium corpo-rations so that we have the financial resources to deal withissues confronting condominiums, such as energy and waterconservation, waste disposal and legislative change and the

membership numbers that enable us to speak with authority on behalf of all condominiums. Only throughincreased membership will we be able to represent the entire condominium community with governments andother regulatory bodies to ensure that the unique circumstances of condominiums are considered in their deci-sion-making processes.

CCI- Toronto is already encouraged by the results of the first two years of the program – over 118 new membershave been recruited. Many professional members have recently accepted this challenge and have beensuccessful in recruiting their clients. It is hoped that your firm will find this program rewarding – through the manyprizes and rewards available to those who participate.

For a full information package, please contact our offices at (416) 491-6216 or email us at [email protected]


Mark your calendars now for this exciting annual Conference and TradeShow that promises an enlightening array of educational sessions and out-standing networking opportunities.

Suppliers and Trades will be exhibiting on November 3rd and 4th. Be sureto visit the Trade Fair arena to establish new contacts and view new prod-ucts and services.

Delegate Registration for the Conference begins late June 2006 – watchfor further details coming soon!

Visit the Condominium Conference website for further information on Exhibit and Sponsorship Opportunities!

Exhibit booth space is available to CCI or ACMO members only and has beensold out early for the past two years – so don’t delay!

Book early for preferred booth locations. (www.condoconference.ca)

10TH ANNUAL CCI-T/ACMOCONDOMINIUM CONFERENCE

November 3rd & 4th, 2006Doubletree International Plaza Hotel

655 Dixon Road, Toronto ON

Gardiner Miller Arnold LLPBarristers and Solicitors

GMA - The Condolawyers™(Winning Condominium Law Solutions)

We led the battle for improvements to thenew Act and Regulations

Our standard of excellence focuses on practicallegal solutions for Condominium Boards

J. Robert Gardiner Mark H. Arnold Gerald T. Miller Christopher Jaglowitz

1202 - 390 Bay Street, Toronto, Ontario M5H 2Y2Tel: (416) 363-2614 Fax (416) 363-8451

www.gmalaw.ca

A panel of twelve recognized experts in condominium alternate dispute resolution providing:

■ Mediation ■ Arbitration ■ Neutral Case Evaluation ■ Chairing of Meetings

■ Conciliation/Assisted Negotiation

Ready for Court? Or would you prefer to resolve

the dispute in far less time, at much less expense,

and with a great deal less aggravation?

Call the CDRC Suite 604, 141 Roehampton Avenue, Toronto, Ont.

Telephone: 416-932-9510; Fax: 416-932-9769 E-mail: [email protected] Alan Rosenberg, Executive Director



Back by popular demand, CCI Toronto is pleased to, onceagain, offer the new Condo 101 course! The first offering of this course ran on Saturday January 21st and wasexceptionally well attended and well received. Due to thissuccess and interest, the Education Committee has plannedtwo additional course dates for 2006 – Saturday, June 10thand Saturday, September 16th.

This 1/2 day course is the latest educational tool CCIToronto has been developed to prepare Directors for theirnew role and responsibilities. The session is designed toprovide a quick focus on all of the topics that every Directorshould be aware of.

The course will provide participants with a basic knowledgeof the Condominium Act, 1998 and their obligations underthis legislation. It also serves as an excellent introduction tothe more detailed six night Basic Condominium Courseoffered by CCI-T.

The course is also useful for those interested in purchasing a condominium or who want to know what a condominium is and what itmeans to live in one.

“Condo 101” Course™

The course will be presented by a panel of Condominium Expertsincluding an Engineer, an Accountant, a Property Manager,

and a Lawyer.

Specific topics to be covered will focus on the following five broad areas:

Legal –

■ What is a Condominium■ The Declaration, By-laws and Rules■ Status Certificates■ Compliance Remedies■ Code of Ethics for Board of Directors

Insurance –

■ Insurance Requirements■ Standard Unit By-laws■ Unit and Corporation Deductibles

Accounting –

■ Budgets■ Financial Statements■ Auditors

Management –

■ What is the Role of the Manager■ What to look for when hiring a

Manager■ The Management Contract■ Meetings

Engineering –

■ Reserve Fund Studies■ Form 15■ Repair and Maintenance of the

Common Elements

For more information or to register, v is i t us onl ine at : www.ccitoronto .org


Book Review™

The Condominium Act – A User’sManual helped to ease the transition tothe Condominium Act, 1998 for manydirectors and professionals. Now, read-ers can find all the latest developmentsplus updated cases, commentary andchecklists in The Condominium Act –A User’s Manual, Second Edition.

Well known condominium author-ity, Audrey Loeb has provided updateson all of these issues with TheCondominium Act – A User’s Manual,Second Edition. Its sheer accessibilitywill enable readers to easily respond toarrears collection issues, status certifi-cates and reserve fund studies at con-tentious owners’ meetings, advise the

board as to their duties and handle dis-closure documentation for new orresale condominium units.

With The Condominium Act – AUser’s Manual, Second Edition, read-ers will benefit from:

• Fully annotated text of both theCondominium Act, 1998 and the

Ontario Home Warranties Plan Act(now run by Tarion) with fullyupdated case law.

• Exclusive insights into issues rang-ing from reducing the risk of direc-tor’s liability, conducting reservefund studies to authorized invest-ments for available funds.

• Over 40 how to do and what youneed to know checklists to bringtogether all the sections in the Acton the checklist topics, board ofdirectors, officers, notice require-ments, the human rights code,records, voting percentages, invest-ing corporation funds, calling andholding of meetings, proxies, mak-ing by-laws and rules, legal reme-dies, offences and other tasks.

• The expertise of the author, whowas directly involved in the consul-tation process with the governmentin the drafting of the new Act as wellas having been counsel to theOntario government in administer-ing the former Act.

• All the latest court decisions plusevery court decision made in Ontarioon provisions carried over from theprevious Act.

This publication may be ordered direct-ly from the publisher, Carswell – askabout their 30-day risk free promotion(1-800-387-5164). The book is alsoavailable from the CCI “Bookstore” –place your order online at www.cci-toronto.org.

The Condominium Act – A User’s ManualSecond Edition

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BMLBonita Management Ltd.

“The Professional Difference”Specializing in Condominium Townhomes since 1977

Stephen N. Stern, C.R.P.M.PRESIDENT & CEO

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[email protected] www.bonitamanagement.com

— MEMBER—

44

416-502-2201fax: [email protected]: www.amtca.com

John M. Warren, C.A.Tony Sokic, C.A.

515 Consumers Road, Suite 100Toronto, OntarioM2J 4Z2

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


List of AdvertisersACMO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38Adams Masin Tilley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44A.R. Consulting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Atrens Management Group Inc. . . . . . . . . . . . . . . . . . . . . . . . 9Bonita Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44Brookfield Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Brown & Beattie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20CCF Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . 28Canlight Hall Management . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Certified Clean Air Services . . . . . . . . . . . . . . . . . . . . . . . . . . 4Chubb Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44Cochrane Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Condominium Dispute Resolution Centre Inc. . . . . . . . . . . . . 41Con-Serve Group Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44Construction Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48CPL Design Interiors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26David Alexandor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Davroc & Associates Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39Enerplan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46Essential Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45Fine and Deo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35Firenza Plumbing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44First Condo Group Limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Forest Contractors Ltd. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Gardiner Miller Arnold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41G4S Security Services (Canada) Ltd. . . . . . . . . . . . . . . . . . . . 40Gerald R. Genge Building Consultants Inc. . . . . . . . . . . . . . . 30GSA Property Management . . . . . . . . . . . . . . . . . . . . . . . . . . 24Harris Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Horlick Levitt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44ICC Property Management Ltd. . . . . . . . . . . . . . . . . . . . . . . . 8Impact Recreation Management, Inc. . . . . . . . . . . . . . . . . . . . 12JCO & Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43Les Consultants Ingenium (Condo Manager Software) . . . . . 45Maclaren, Corlett LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Maxium Financial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36M & E Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Miller Thomson LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Morrison Hershfield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Nexus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Ontario Screen Systems Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 36Ontario Playgrounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Percel Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40Pro House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Provident Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46RBC Dominion Securities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41Rogers Cablesystems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47Ronco Roofing & Sheet Metal . . . . . . . . . . . . . . . . . . . . . . . . 17Samuel Property Management . . . . . . . . . . . . . . . . . . . . . . . . 45S.R. Wise Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 12Summa Property Management . . . . . . . . . . . . . . . . . . . . . . . . 44Suncorp Valuations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44Stratacon Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24TPMG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Vero Property Management . . . . . . . . . . . . . . . . . . . . . . . . . 24Waste Solutions Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41Wilson Blanchard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

thecondovoice Spring 200646 thecondovoice Spring 200646 thecondovoice Spring 200646 thecondovoice Spring 2006464646

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.

™

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CCI CondoVoice Spring03

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