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Managing Finances and Board Responsibilities

January 23, 2025/in Uncategorized

Is your condo board lucky enough to have an Accountant among its members? Probably not. Although your property manager may do most of the heavy lifting, the Board of Directors are 100% responsible for the budget, the document that defines your corporation’s fees. Creating and reviewing the budget each year helps boards understand where the money goes and ensures there are enough funds available to cover upcoming costs.


A budget is an estimate of how much money will be required and where it will be spent in the following year. It will never match reality exactly, but getting close ensures smooth financial operations for the coming year.


A budget should be realistic and consider known costs, new planned expenditures, some unexpected spending, and any deficit or surplus from the previous year. These planned expenditures will become the basis for the monthly fees.


Some known expenses are easy to plan as they are fixed or predictable. Property management and other annual contracts often define the exact costs, including annual increases. Some expenses, like insurance premiums, can usually be estimated accurately. Your insurer or property manager should be able to identify what typical increase to expect. Remember that you can always contact some service providers for an estimate of what they will be charging for the upcoming year. This helps to make things as accurate as possible.


Other known expenses are more variable. Increases in utility rates are published several months in advance, so exact increases are often available. If they aren’t, they can usually be anticipated reasonably well. However, utility consumption changes from year to year, varying with weather conditions or changes to your building.

A good approach is to plan utility consumption based on the previous two or three years of experience, with a slight bias towards higher consumption when there has been a lot of variability because of something like an unusually warm winter. Another thing to consider is whether there are any changes in building systems (water or energy savings programs or equipment replacements) that may change utility consumption. You can always request a 5 year trial balance from your auditor or property manager to help you visualize these trends.


A crystal ball would help when planning routine repairs like addressing plumbing leaks or door issues, as these tend to be unpredictable. We look at history over the past several years and make our best guess, again with a slight bias towards a higher amount if there has been a lot of variability.

Everything covered above is required. You can’t choose not to pay your utility bills or to cancel your insurance because your fees are high. The goal above is to estimate the non-discretionary spending accurately. If the budgeting process highlights that your water costs seem unreasonable, the process might prompt your board to look into what options are available to bring down those costs. However, don’t yield to the temptation to limit this year’s fee increase by setting an unrealistically low budget based on hope.


With dramatic cost increases in recent years, most boards are reducing discretionary spending, but there may be items you have planned that will add to your costs. Whether you expect to complete kitchen stack cleaning next year as your building is at that age, or you’re planning on new security measures to address a more challenging security environment, it is important to account for those costs.


The board may also want to consider a contingency line item. This accounts for any unanticipated expenditures that could arise during the year. If unused, this would add a surplus to the fund, that may mitigate a significant fee increase the following year. Budgets do not have to be balanced, and should reflect the board’s plan for the year. If the corporation is experiencing cash flow problems, then the budget should reflect more income than expenses in order to get the corporation back into a positive cash flow.


This brings us to the final item. Since a budget is an estimate of future spending, there will always be a difference between budget amounts and actual spending. Reviewing monthly financials is essential to ensure the corporation is on track with the board’s plan for the year. Plans may change mid-year if more spending occurred than originally planned. Regular reviews of the actual spending versus the budgeted amounts throughout the year also help determine the chances of a meaningful deficit or surplus at year-end that should planned for in the next budget.


If you enjoyed this blog and you are interested in learning more, we are holding a lunch and learn session at Bingeman’s on February 20th where we will discuss managing condo finances and board responsibilities in more detail. Hope to see you there!

Written By: John Hayes, Condo Owner & Shalon Chapman, Auditor, RLB LLP

https://cci-grc.ca/wp-content/uploads/2025/01/Untitled-design-4.png 1080 1920 JD McCann https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg JD McCann2025-01-23 14:42:462025-01-23 15:02:12Managing Finances and Board Responsibilities

Start The Year Off Right – Annual Checklist

January 9, 2025/in Uncategorized

Managing a condominium corporation can be overwhelming at times, making it difficult to stay on top of deadlines both outlined by The Condominium Act, and within the corporation’s administrative scope. Starting the year with an organized annual checklist will help your corporation succeed throughout the year. We’ve outlined it here for boards and managers alike;

The first step is to review the online options readily available, particularly, the CAO’s Condo Calendar Tool. This feature can be found on the CAO website under “CAO’s Condo Calendar Tool”. This free feature is easy to use and provides a plethora of important information relating to mandatory deadlines including but not limited to AGM’s, PIC’s, the fiscal year, director terms, and return filings. This provides a great foundation for your annual checklist.

The next step is to review all the corporation’s contracts and their respective terms. This should encompass all contracts, such as insurance, landscaping, waste removal, fire safety, etc. We recommend having two columns in this checklist that include expiry dates and the dates to begin sourcing alternative contracts. For instance, if the corporation’s insurance expires on May 31st 2025, and the current policy must receive 60 days notice of termination, then the corporation should document to start sourcing other quotes on March 1st 2025. This would ensure the corporation has 30 days to source a new policy, and issue the appropriate amount of notice for termination and/or non-automatic renewal.

The final step is to review all non-contract regular and/or mandated maintenance to ensure that nothing gets missed throughout the year. This can include backflow testing (depending on regional mandates), window washing, the Reserve Fund Study, budget planning, etc. This checklist should include the same format as the previous to confirm tasks are arranged in advance. This portion can also include items such as maintenance walk throughs, town hall meetings, and more. It’s important for the checklist to be a collaborative effort between the board and management to review all contracted obligations.

Example of an annual checklist:

Between these three sections; CAO mandated deadlines, contract deadlines, and annual
obligations, your corporation will have a robust and organized approach to the calendar year. At
Bloom & Co., we prepare these checklists in January each year to review with our boards.
Boards should review their contracts to confirm if annual planning and/or checklists are
encompassed within their management contract. We encourage managers to use these
checklists to their advantage and create calendar reminders for all renewal/quote sourcing
periods. Set your corporation up for success in 2025 and start your checklists now!

Written By: Michela Ferrante, OLCM, Bloom & Co. Property Management

https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg 0 0 JD McCann https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg JD McCann2025-01-09 16:04:072025-01-09 16:04:17Start The Year Off Right – Annual Checklist

2024 Wrap up and President’s Report

December 19, 2024/in Uncategorized

As the year comes to a close, it’s a perfect time to pause and reflect on the many events for our Chapter in 2024. Let’s take a stroll down memory lane and revisit some of the standout events that have defined this past year.

The Education Committee was busy again, offering educational events throughout the year, starting in January with one of the Ontario Education Committee’s Directors Courses. They also held two Leaders Circle events during the summer and ended the year with a bang with the ever-popular legal panel in December.

We also had a few fun and entertaining Professional and Business Partners events in 2024, starting with a pub night in February, a bowling event in April, and ending with the casino night/AGM in September.

The Chapter held its annual golf tournament in June with terrific weather, great networking opportunities, and some shots on the course (for some of us that might have been golf shots and others adult beverages).

In October the Chapter held its annual conference and tradeshow with our highest attendance yet! We continue to be amazed by the overwhelming support of our members and industry leaders.

We had some changes on the Chapter’s Board of Directors this year. The last of the directors involved in the creation of our Chapter left our Board as their terms expired. Christine Merswolke, Brad Wells, David Outa, and Kathleen Schrumm left the Board this year. We thank them for their years of hard work and dedication on behalf of the Chapter. We welcomed Laurie Reed and Jay Sandhu to the Board, as well as two new condominium owners/directors – Dushan Divjak and Rod Landgraff. I moved into the role of Past President and turned over the presidency to Stefan Nespoli. 

As we approach 2025, it’s vital to carry the lessons learned from this year into the future. Let’s continue supporting one another and the Chapter, advocating for positive change, and celebrating every step of our journeys. Whether through personal achievements or collective efforts, together we can make a difference in the condominium industry. Thank you for joining us on this reflective journey through 2024. Here’s to embracing new adventures, growth, and connections in the year ahead. Cheers to a fantastic new year!

Written by: Michelle Kelly, Partner, Robson Carpenter

https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg 0 0 JD McCann https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg JD McCann2024-12-19 10:32:242024-12-19 15:27:572024 Wrap up and President’s Report

Holiday Reminders: Christmas decorations & fire hazards.

December 5, 2024/in Uncategorized

With seasonal holidays just around the corner, below are some considerations with respect to condominium living.

▪ Seasonal exterior decorations should be placed and removed in accordance with your
condominium’s rules. Please try to use products that do not damage the common elements while
ensuring all decorations are secure and do not give rise to an increase in liability. At all times we
ask you to be mindful of affecting others’ reasonable enjoyment when placing seasonal
decorations. Spotlights should only illuminate your areas of the common elements and audio
components of your display should not affect the quiet enjoyment of your neighbours.


▪ Interior decorations should be placed in a safe and secure manner. Please always keep fire safety
in mind and follow any guidelines at your condominium corporation with respect to same.

The website below offers tips for a safe holiday season.
https://www.oafc.on.ca/public-safety/holiday-safety/winter-holiday-safety


▪ With the holiday season comes festive celebrations and increased visitors. Please be considerate
of others and understanding of noise concerns that might arise over the holidays. Please ensure
you follow any requirements your condominium corporation may have with respect to gatherings
and on site parking to ensure a hassle free holiday season.


▪ With increased volume of on-line shopping, depending on a condominium’s style, deliveries can
become challenging during holiday season. Please ensure you follow any delivery protocols set
out and always ensure packages are retrieved from porches and assigned delivery locations as
soon as possible, to limit the chances of theft. Consider alternate delivery locations such as your
place of work or a family member who is home during the day as options, to minimize the
possibility of theft.

With the holiday season comes vacations or extended time away from your condominium. Please consider the following when preparing for that trip:


o Ensure all windows and doors are locked.


o Set your heating control to ensure minimum heat requirements are met, but do not shut
it off.


o Follow any requirements of your condominium corporation when your absence is for an
extended period, such as having the unit regularly inspected.


o Ensure the condominium corporation has the ability to enter your unit in the event of an
emergency.


o Share any emergency contact information with the condominium corporation through
your property manager.


o Shut off water lines at the source.


Please note the points above are generic in nature and all residents should look to their specific governing
documents for official direction. When in doubt speak with your board and/or property manager to gain
clarity to ensure a safe and enjoyable holiday season.

Written by: Corey Sargeant President, G3 Property Solutions

https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg 0 0 JD McCann https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg JD McCann2024-12-05 13:29:122024-12-05 13:55:32Holiday Reminders: Christmas decorations & fire hazards.

Winter Preparation for Condos: A Guide for Condo Communities

November 21, 2024/in Uncategorized

Winter is just around the corner, and for condo communities, it’s time to get serious about staying warm, safe, and (hopefully) snow-free. With some planning and the right preparations, everyone can help keep things running smoothly, no matter how frosty it gets.


Follow these tried-and-true tips from the experts to make sure your building is ready to handle whatever winter throws its way.


Inspect Your Building’s Heating Systems
Regularly inspect and service all the heating systems in your condominium to identify any issues before peak demand.


Check and Seal Windows and Doors
Inspect windows and doors in common areas to prevent drafts and improve energy efficiency. Sealing gaps in your condo will conserve energy and reduce heating costs.


Prepare for Weather-Related Emergencies
Develop and communicate an emergency preparedness plan for severe winter weather, and ensure all of your residents know and understand the procedures.


Maintain Your Roof and Gutters
Clear your gutters and inspect the roof of your condo to avoid potential water damage from ice buildup and melting snow.


Check Your Outdoor Lighting
Replace burnt-out bulbs and check all outdoor lighting to enhance safety during shorter daylight hours.


Stock Essential Supplies
Make sure there’s plenty of salt, ice melt, and sand on hand to keep walkways and entrances safe and slip-free all season long.


Winterize Your Plumbing
Insulate exposed pipes in common areas to reduce the risk of freezing and bursts, which can lead to costly repairs.


Schedule Snow Removal
Secure a snow removal contractor early to ensure reliable clearing of pathways and parking areas, reducing slip-and-fall risks.

Review Your Condo’s Fire Safety Systems
Verify that fire alarms, sprinklers, and extinguishers are functional, as fire risk may increase in the winter due to the dry air. Make sure your residents are familiar with your condominium’s fire routes.


Communicate with Residents
Share winter preparation tips with residents and keep them updated on snow removal schedules and emergency procedures. Regular updates help everyone stay informed, prepared, and safe during unpredictable winter weather.


By following these steps, you’re not just keeping things running smoothly, you’re helping make winter a little easier for everyone in your community. Early preparation goes a long way in reducing winter headaches, keeping everyone safe, and making sure your condo stays a well-oiled machine, no matter what the season throws your way.


So, bundle up, stock up, and let’s make this winter as smooth as possible for everyone. Here’s to a safe, warm, and well prepared season ahead. Bring it on, winter!

Written by: Chris Day Marketing Assistant, Theresa Place Media

https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg 0 0 JD McCann https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg JD McCann2024-11-21 14:40:392024-11-21 14:46:27Winter Preparation for Condos: A Guide for Condo Communities

2024 GRC Conference Wrap Up

October 31, 2024/in Uncategorized

Yeehaw! On October 18th, CCI Grand River saddled up for success, bringing together over 400 attendees for a rootin’ tootin’ time filled with learning, networking, and that good ol’ condo community spirit.


The shindig kicked off with a lively networking event on Thursday night, before the main attraction. Randy Rego and his band, Flash Johnson, rode back into town to deliver another show-stopping performance that was a real hoot! With special guest performers Michael Clifton, Henry Jansen, and Stefan Nespoli, the music had folks stompin’ their boots and set the stage for a night to remember!


When conference day rolled around, Bingemans served up some Mimosa “Mules”, a Western-style lunch and charcuterie spread for our attendees. Their hospitality kept us fueled throughout the day and added to the lively conference atmosphere. Attendees dove into gamification, adding some a casual showdown to the day, and Reed Condominium Management took home the “Best Booth” award!


Justin Tudor rounded up all the engineers at the conference for a photo that captured the spirit of collaboration and some friendly competition! Let’s not forget the educational sessions that were the heart of the day–from going Net Zero By 2050, to Reserve Fund Essentials, an engaging “Ask the Experts”, and more. There was truly something for everyone.


As we hang up our cowboy hats, we’d like to send out a special thank you to our partner sponsor, SV Law, whose support helped make this shindig possible. We’d also like to send out a hearty thank-you to all our conference sponsors and exhibitors for their support in bringing this event to life! And, of course, a big thanks to everyone who joined us, making
this conference one for the books.


We’re already looking forward to next year! – October 16th & 17th, 2025


Chris Day, Copywriter, Theresa Place Media Inc.

Thank you to our of our sponsors!

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Summer Activities In The Grand River Area

June 12, 2024/in Uncategorized

Summer is here! The flowers are in full bloom, birds are singing, and the streets are bustling with life.

The Grand River area has so much to offer from the must-visit landmarks to relaxing spots where you can just unwind. CCI Grand River has compiled a guide of some of the activities and attractions in the area.

Kitchener-Waterloo:

  • St. Jacobs Farmers’ Market: The St. Jacobs Farmers’ Market is a much-loved tradition in the Kitchener-Waterloo Area. Visit this market to see hundreds of vendors selling a variety of items from food, art, collectibles and more.
  • Victoria Park: Opened in 1896, this is the oldest park in the Kitchener-Waterloo Region. Some of its original features remain, including an iron bridge, flower beds and hundreds of trees and shrubs. The park is also home to a pavilion, which is a popular event and wedding venue.
  • Bingemans Big Splash: Cool off from the summer heat at Bingemans Big Splash water park, filled with tons of slides and a wave pool!
  • Iron Horse Trail: The Iron Horse Trail is a multi-use urban trail that connects Kitchener and Waterloo. The trail features plenty of greenery, bridges, and historic landmarks, making it a popular path for both recreational use and commuting to work.
  • Kitchener-Waterloo Art Gallery: Located in the heart of downtown Kitchener, the KWAG features a range of art exhibits, with a focus on Canadian artists. The gallery also offers educational programs, workshops, and special events for all ages.

Guelph:

  • The Arboretum at the University of Guelph: Opened in 1970, The Arboretum features 400 acres of plant collections, gardens, walking trails, natural woodlands, wetlands, and meadows.
  • Guelph Civic Museum: The Guelph Civic Museum showcases Guelph’s history through permanent and changing exhibits, a fun and interactive family gallery, and special events and activities!
  • Guelph Lake Conservation Area: A perfect place to take your family, the Guelph Lake Conservation Area has two beaches and some picnic areas, making this a great spot for fishing, sailing, canoeing, kayaking and camping. It’s also home to the famous Hillside Festival in July!
  • Royal City Park: A beautiful park along the Speed River, it’s a perfect spot for a picnic, leisure walks, kayaking and more, you’ll also find a Sacred Fire space at this park.
  • Aberfoyle Antique Market: Browse through antiques and collectibles from the ages at this popular outdoor market.

Cambridge:

  • Butterfly Conservatory: Walk around thousands of free-flying butterflies in a tropical setting!
  • Shade’s Mills Conservation Area: Shade’s Mills is a day-use conservation area offering a great place to enjoy nature.
  • Cambridge Sculpture Garden: Stroll through this outdoor gallery featuring a variety of different sculptures.
  • Old Post Office: Visit this modern library and digital media lab housed in a historic building, it also offers views of the Grand River and free tech programs for all ages!
  • Hespeler Village: Discover local boutiques, eateries, and the scenic Speed River in this village.

Brantford:

  • Grand River Rafting: Experience rafting, kayaking, or canoeing on the Grand River!
  • Canadian Military Heritage Museum: Explore this museum with exhibits on Canada’s military history and artifacts.
  • Earl Haig Family Fun Park: A fun-filled water park with pools, slides, mini-golf, and batting cages.
  • Bell Homestead National Historic Site: Tour the former home of Alexander Graham Bell and learn about his inventions.
  • Wayne Gretzky Sports Centre: Enjoy swimming, ice skating, and fitness facilities at this legendary sports complex.

 

There’s plenty to do this summer in the Grand River Area, so make the most of it with your family and friends, step outside and enjoy the sunny days ahead.


Chris Day,

Marketing Assistant,

Theresa Place Media Inc

our Previous Blogs.

https://cci-grc.ca/wp-content/uploads/2024/06/Blog-Titles-CCI-GR-6.png 938 2344 Ariel P https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg Ariel P2024-06-12 13:49:052024-06-12 13:49:05Summer Activities In The Grand River Area
Education, Information, Awareness, Canadian Condominium Institute, Southwestern Ontario, Condo owners, Golf Tournament, conference 2022

An Introduction to Canadian Condominium Institute: Opportunities and Benefits

September 17, 2023/in Uncategorized

We kick off the first episode with Brad Wells, President of Wilson Blanchard Property Management and Vice President of CCI Grand River chapter, and Michelle Kelly, a partner at Robson Carpenter LLP, condo law expert, and currently President of CCI Grand River chapter. 

CCI Grand River is all about helping people! Listen to this episode to find out how CCI Grand River is a phenomenal resource for condo managers, directors, professionals, and owners!

Key Points:

  • Learn about Michelle’s story and how she went from not knowing anything about condos to becoming a condo expert
  • How most people come to work with condos and get “hooked”
  • The importance of networking and community between professionals and condo owners, and the go-to directory filled with condo experts
  • What CCI Grand River provides for condo managers, directors, professionals, and owners
  • Opportunities to get free legal advice
  • An update on the Condo Authority Tribunal (CAT) which has expanded its jurisdiction and will now hear nuisance, annoyance and disruption disputes (noise, odour, light, smoke, etc). 
  • Stay tuned for new updates! 

Subscribe and review this episode on your favourite podcast platform!

Connect with CCI:

  • CCI-GRC Website (info, blogs and events found here!)
  • CCI on Facebook
  • CCI on Instagram
  • CCI on LinkedIn

Resources and Information:

  • Condo Authority of Ontario website
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Education, Information, Awareness, Canadian Condominium Institute, Southwestern Ontario, Condo owners, Golf Tournament, conference 2022

Water Damage and Where it Starts

September 17, 2023/in Uncategorized

“Water, water everywhere,” is not what you want to be thinking as you’re standing in the living room of a townhouse condominium unit or peering into the lobby of a high-rise. Water inside any attached housing structure means likely damage – furnishings and fixtures, floors and walls; it also means the possibility of rotting wood and mold risks; it means potential liability, and that something has gone terribly wrong.

When property managers and board members worry about weather-related water damage, they are usually thinking about the damage caused by flooding at the bottom of a building, or by a leaky roof at the top. But engineers think in terms of “water intrusion,” which may result from a flood or a leaky roof, but is more likely caused by construction flaws in a building’s envelope – the components that separate the interior from the exterior. Flooding is an act of nature. The conditions that permit water intrusion are man-made. Windows and doors sliding, balconies and surface “transitions” are particularly problematic.

Windows and Siding

It is not the type of windows or siding you select that matters most; it’s how well they are installed. A low-quality product installed correctly can be perfectly water-tight; the best quality product installed poorly will imitate a sieve. One of the most common installation mistakes is the incorrect laying of building envelope materials, such as the house wrap, the flashing, or the siding itself. When this occurs, water isn’t shed properly from one material to another; it accumulates behind the materials and penetrates the structure. Incompatible materials in the building envelope can also permit water intrusion by creating temperature variations that can cause sealants to fail. Failing to recognize how different products perform is another common problem. Brick veneer can certainly look quite nice on buildings but brick isn’t watertight, and if the contractor fails to install “weep holes” through the veneer, the water will not drain properly. If water accumulates behind the veneer, there is a good possibility for mold to form.

Balconies

Outdoor balconies are a common feature. Many balconies are on the same level as the living room floor due to an accessibility requirement, to permit ease of access for someone in a wheelchair. But in a heavy storm, wind-driven rain may be forced under the door sill and into the living room. Some balconies have walls on all sides. A system of drains and pipes conducts water to the ground when it rains. These same pipes may possibly freeze in the winter causing the water to accumulate on the balcony and then flood the attached living rooms.

Cool Designs

Varying materials, using different shapes, and inserting angles all add architectural interest to a building; but every angle you create, every transition you make from one shape or material to another creates a point at which water may intrude. Transition or termination points represent a tiny portion of a building’s envelope, but they account for much of its vulnerability to water. And they don’t always receive the extra water-proofing they require.

 From the Inside Out

While many water intrusion problems result from something builders fail to do, some are caused by what builders, or the subcontractors working for them, do. Consider the plumbers, electricians, and HVAC mechanics who come into a building that has been framed, wrapped, and made water-tight and poke holes through that nice, water-tight surface. The wall penetrations are necessary to make connections that run from the inside out, but they also have to be properly waterproofed, and they often are not. That’s why the small details that can create immense water intrusion risks are so often overlooked.

Controlling the Risks

Water intrusion is a potential risk that the boards and managers of communities can reduce by being mindful, diligent, and proactive.

  1. Don’t ignore early signs of water intrusion.
  2. Bring in experts at the outset.
  3. Don’t assume water intrusion in one unit is an isolated problem.
  4. Take care of preventive maintenance.
  5. Consider flooding risks.
  6. Don’t look for shortcuts.

If the problem is systemic, you will have to deal with it systemically. There are no Band-Aids for water intrusion. If transitions on the building’s surface weren’t set properly, you have to re-do them. If the windows weren’t installed properly, you may not have to replace them, but you will have to re-install them. These measures are going to be expensive. But they will be far less expensive than dealing with the damage water intrusion can do to buildings, to the personal property, health of residents, and to the finances of your condominium. 

Reach out to your condominium board, property manager, or engineer today if you have any questions, or need further guidance on handling water intrusion and potential damage.

Henry J. Jansen, P.Eng., ACCI – President
www.criterium-jansen.com

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Condo Corporation, new members, their annual conference, annual golf tournament, grand river, grand river canada, river grande, the grand river

Nuisances, Annoyances, or Disruptions? Take it up with the CAT

September 17, 2023/in Uncategorized

On September 23, 2021, the Ontario Government announced that the Condominium Authority Tribunal (CAT) would have its jurisdiction expanded again in 2022. As a recap, its jurisdiction was originally limited to disputes related to record requests when it first opened its doors on November 1, 2017. On October 1, 2020, its jurisdiction was expanded to include disputes about parts of the declaration, by-laws or rules of a condominium related to 1. pets or animals; 2. vehicles, parking, and storage; and 3. indemnification of the condominium, an owner or mortgagee in relation to these disputes.

On January 1, 2022, the Condominium Act, 1998, was amended to expand the jurisdiction of the CAT to include certain nuisances. Section 117 now reads:

Prohibited conditions and activities

117(1) No person shall, through any act or omission, cause a condition to exist or activity to take place in a unit, the common elements or the assets, if any, of the corporation if the condition or the activity, as the case may be, is likely to damage the property or the assets or to cause any injury or an illness to an individual.

Same

(2) No person shall carry on an activity or permit an activity to be carried on in a unit, the common elements or the assets, if any, of the corporation if the activity results in the creation of or continuation of,

(a) any unreasonable noise that is a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any of the corporation;

(b) any other prescribed nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation.

The other prescribed nuisance, annoyance, or disruptions described in subsection 117(2)(b) of the Act are described in section 26 of O.Reg. 48/01 as:

1.       Odour

2.       Smoke

3.       Vapour

4.       Light

5.       Vibration

To summarize, as of January 1, 2022, the CAT’s jurisdiction now includes:

1.       Noise

2.       Odour

3.       Light

4.       Vibrations

5.       Smoke

6.       Vapour

The CAT’s jurisdiction will also include disputes about the governing documents in relation to “any other type of nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation.” It will be interesting to see how this sentence is interpreted by the CAT and the types of other nuisances that may ultimately be heard by the CAT. For example, originally the proposed regulations included “infestations”. Will the CAT hear these disputes?

Like with the expansion of the CAT’s jurisdiction to include pets and parking disputes, the CAT’s jurisdiction has also been expanded to include disputes about indemnification related to the nuisance dispute. There has also been much talk lately about amending the CAT’s rules regarding cost recovery during disputes as the current rules discourage proceedings because the rules limit cost recovery even where condominiums are successful in proving an owner has not complied with the documents. As a result of the limited cost recovery, many condominiums have elected to ignore infractions rather than incur legal costs to enforce the documents. (Note: condominiums ignoring infractions should seek legal advice about the possible consequences).

Lastly, while the CAT now has jurisdiction over disputes in subsection 117(2) of the Act, it should be noted that the CAT does not have jurisdiction over disputes in subsection 117(1) of the Act. These disputes typically referred to as dangerous conditions or activities, continue to be heard by the Superior Court of Justice.  

Michelle Kelly
Lawyer, Robson Carpenter LLP

www.rcllp.ca

https://cci-grc.ca/wp-content/uploads/2023/09/The-CAT.png 300 750 adminCCI https://cci-grc.ca/wp-content/uploads/2023/09/CCI-Full-Logo-Grand-River-31ae3da81a2928943167b28ecdb52b1f-300x103.jpg adminCCI2023-09-17 18:47:412023-09-17 18:47:41Nuisances, Annoyances, or Disruptions? Take it up with the CAT
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