After spending a weekend at the Canadian Auto Show there can be no doubt in anyone’s mind that electric cars are coming.

Condominiums can bury their heads in the sand, refuse to accept that the choice of vehicle of one of their residents is anything that the condo board needs to concern itself with, or by answering a few questions and thinking ahead – you can prepare for the inevitable.

Would you approve if the responsibility for the costs can be placed on the resident or owner who needs to charge their electric vehicle?

Are changes of this nature really any different than a unit owner who wants to make changes in their own unit – at their own cost?

Your Board can enter into a contract with a service provider to install a power charging station in the parking garage.  This charging station is central and sub-meters and connections will be installed in the parking spaces of unit owners that contract directly with the service provider.

The contract is between the unit owner or resident and the corporation is paid for all of the electricity used in the charging of vehicles and the operation of the charging system.

Outside of the operation of the system the only possible exposure for the condominium corporation is to prepare a section 98 agreement for either the unit owners who contract this service or ensure that the contract with the service provider holds them responsible for the costs of returning the common elements to their original condition.  Considering that at most this is likely to amount to removing the wires and plugs it is really very little exposure.

Why not consider taking a proactive approach so that when the first resident with a new Volt or Leaf shows up in your underground you are prepared to welcome them to the community.  It will certainly send a clear message to the owners, residents and real estate agents that deal with your condo community.

 Unfortunately these circumstances are as diverse as the people that are involved in them.  It is very difficult to create a set of rules that will apply fairly and satisfy both sides.

 The overriding principle must be openness and transparency but it must be balanced with the right of other owners not to have the management of their condominium interfered with by owners who are using access to records rights as an obstruction tool. 

 One suggestion is that owners have access without cost and within 72 hours to information related to the current fiscal year and the previous fiscal year.  Information that is older may be accessed within a “reasonable time” but with an administrative cost set by the Board and communicated to the owners in the same manner as a rule under the current Act.

 Photocopies of information will be provided at a reasonable cost or viewed at a cost to compensate the corporation for the time spent reviewing the documents.

 We all agree that the access to information is a democratic right, but that right should not be allowed to be used at the expense of other owners.

 Starting in 2013, Bill 119 will also require independent operators with who have no employees to register with WSIB and clearance certificates in place in order to do construction work.

 In order to protect themselves Condominium directors and management will need to collect Insurance certificates regularly and the use of smaller “one man operations” to complete constructions work, including renovations after damage will need to demand proof of WSIB coverage, and will need to verify that the coverage is up to date. 

 WB has taken measures in advance of this requirement by mandating that all contractors provide their WSIB # and a copy of their certificate prior to being placed on our Recommended Suppliers list.  This requirement makes it important that condos be selective about the contractors they use in order to prevent any unnecessary liability.

 The need to insure compliance is admirable but we do have to ask, “Why is this responsibility being downloaded onto the client with heavy-handed threats of such severe financial penalties?”

 “Is the time involved in investigating the business practices of a contractor, and the protections afforded to their employees, so that the WSIB or Ministry of Labour is saved from investigating and punishing those contractors not merely another form of tax?”

I remember first hearing about these impending restrictions a few years ago and thinking that 2012 seemed a long way off.  None the less that day has arrived, and now technically has past.

 The “R” numbers for refrigerant can be confusing so allow me to provide you with one brief question that will help ensure that you are not in danger of receiving one of the hefty fines that the Ministry of the Environment is able to hand out.

Does my chiller use R11 or R113 refrigerant? 

If your chiller uses R11 or R113 refrigerant you can not start this chiller this summer.  The Ontario Refrigeration and Air Conditioning Contractors Association has informed their members that “…technicians should be wary of taking any action that will enable or facilitate the use of CFC’s after January 12, 2012 as this could involve them in the commission of an offence.”

If your chiller still has R11 refrigerant in it…and that means that you have not heeded the call of just about everyone over the past 3 or 4 years…then you should contact your HVAC contractor now to discuss your options.  The chiller may require replacement or you may be able to convert the chiller to use R123 – at least until 2030 when that type of refrigerant is scheduled for phase out.

Realistically, chillers that are still using R11 may not have the remaining life span to make modification viable and the installation of new technology can save not only the fines that the MOE can hand out – but also significant power savings as well.  

In short, it is time to make sure that you comply with the MOE regulations.  If you have to announce to residents and owners in May that they cannot have their A/C turned on – they will not be the only ones sweating.

 It is not uncommon for Condominiums to face challenges in enforcing their parking rules.  Especially in urban areas where parking is at a premium and residents can become frustrated by the need to rent spaces when they pass unused visitor parking on their way to their own space.

 Condo Boards and Management face the challenge of enforcing the Corporations rules that require these spaces to be protected for use by visitors. 

 Here are some tips that may help residents, board members and managers understand the challenges faced by others in dealing with parking:

 Visitor parking is reserved for use by visitors in order to comply with by-law requirements set by local municipalities.  A certain percentage of parking spaces must be provided in order to receive permits when planning the condominium community.

 Enforcing parking provisions can be difficult and many condos have found that issuing parking tickets can be successful but towing vehicles may open the Corporation up to some liability.

•  Towing vehicles is also complicated by the fact that many towing companies demand payment for service be made in advance and require the manager or security guard on site to sign that they accept all responsibility and liability for damage to the vehicle.

•  Local municipal police officers are reluctant to, or sometimes prohibited from, patrolling private visitors parking.  The Police may be active in monitoring abuses of handicapped spaces or fire lane violations but that does not mean they are available whenever they are called.  Condos can be left to the luck of the draw when trying to enforce these serious parking infractions.

• This leaves the option of private ticketing firms who will come to the site regularly but must rely on the courts to enforce the collection of their tickets.  These firms can be aggressive in collection leaving your residents or their guests with a rather negative experience and a feeling of persecution as a result of their visit to your property.

In the end the method of collection must be level headed and even handed or you risk    damaging the sense of community.  While random visits by paid parking patrol firms have a cost to them, they have proven to be successful and can protect the Management and Board members from unwanted – and unwarranted – attacks from owners who feel unfairly treated.

 Noise complaints are possibly the fastest growing type of disputes in condominiums. 

They can be particularly difficult to manage because the majority of noise complaints are generated at a time when the manager may not be at the Condominium to witness the cause and severity of the disturbance.

 Loud parties and music or banging and yelling rarely take place between 9 and 5 pm on Monday to Friday.  These late night disturbances or weekend occurrences can be, and must be, effectively managed.

 Here are some useful tips:

• Make sure that you document the time and dates of disturbances as well as assign a number from 1 to 5 of the severity of the noise. 
• Contact the superintendent, security or management office to witness the noise and make a report.  The creation of a paper trail will increase the odds of success if the courts get involved.   
• When writing the complaint to management for action refrain from using words like always or never.  These terms are absolute and can destroy the credibility of your argument.  Stick to the dates and times that you have recorded.  
• Let management or security contact the offending residents.  Conflict between neighbours rarely successful.   
• Manage your expectations.  These situations can take time to resolve.  Management and the Board have the responsibility to enforce the condo’s rules but in this case they do not always have the authority.  Noise complaints can take time and be expensive – just ensure that Management is keeping you informed of what they are doing to resolve the matter during each step of the process.

1. Have your property staked – This shows pedestrians the intended paths for foot traffic and with a clearly marked map you will be prepared to demonstrate to your insurer that you have marked walkways that you address with snow clearing and salt or ice-remover.  If falls happen away from the marked area you will be much better prepared to argue that the pedestrian takes the risk of walking unintended paths on themselves.
2. Place Salt boxes on site – Proper placement of salt (or ice remover) boxes will simplify the process of spreader ice removal products for staff, contractors, or even residents.  Ice forms quickly and snow removal contractors cannot be everywhere at once.  Map the locations of walkway intersections and place “salt” boxes in locations that make it simple and easy to spread salt and protect residents.
3. Ask if your contractor has GPS enabled vehicles – this new technology will help you provide accurate facts to insurance adjusters in the event of an accident.  Your best defense against false claims is indisputable facts and if you present accurate times of salt spreading and snow removal to an insurance adjuster they will be better able to protect your community from false, fraudulent or exaggerated claims.
4. Have a signed contract outlining the Scope of Work – This allows you to clearly outline the responsibilities of your staff and your contractors.  It can help your community deflect the liability that you have contracted out as part of your snow removal agreement.  This practice also encourages your snow removal contractor to make your site a priority as they become a defendant in the event of a slip and fall.
5. Have a Customized Emergency Snow Plan and a customized snow map – Spend the time before the winter season planning on at least one or two major snowfalls that will require additional snow removal or relocation.  Plan on the placement of snow and make sure the contractors and regular drivers are aware of your plans because 4 a.m. on the morning of a major blizzard is not the time you want to be trying to reach your snow removal contractor.  Also trying to get the driver back to relocate snow after they have already left the property will not be an easy task during a major snowfall.
6. Make sure your Snow Contractor has a minimum of  $5.0 M General Liability- The amounts of claims are steadily increasing and reviewing the Corporations liability coverage, and the coverage of your contractors, is an important part of protecting your residents.  Managers and Board members should also consider the exposure to the Condominium based on who your residents or guests are.  As one well known insurance expert reminds us, “If I fall on your property $5Million will cover you, but if Tiger Woods falls and hurts himself you want more insurance.”

 Planning ahead is the best way to ensure that you, your Board members and your residents are ready to enjoy winter – and with these steps completed you are much better prepared for a safe and happy holiday season.

 One of the major societal movements, and particularly in the condominium industry, over the last 10 years has been energy conservation and the protection of our environment (whether voluntary or government ordered). However, the Condominium Act, 1998 (the “Act”) inhibits condominium Directors from taking worthwhile steps in these directions, even when the initiative is needed and will significantly reduce the Corporation’s utility costs over time.

 The problem is that the Act lacks clarity as to whether or not these types of changes fall within the definition of “major repair or replacement’ and can be paid from the reserve fund. As presently worded it could mean that owners may have to pay for the entire costs of government ordered changes in one year (which would happen if it could not be paid out of the reserve fund). Clarity is therefore needed.

 In addition, as presently worded the Act makes it difficult for Directors to take these steps without triggering s. 97 obligations. Would energy conservation or other environmental steps be considered an “alteration, improvement or modification” of the common elements, especially if the equipment being replaced has not yet worn out or even come close to its expected life expectancy as set out in the Corporation’s reserve fund study.

 For example, what about a new Corporation whose perfectly good boiler uses old, energy inefficient technology (although acceptable under the Building Code)? Can the Directors replace it with one that uses much better energy technology and would significantly reduce the Corporation’s energy consumption and save the owners money in the future. Would this change be an “alteration, improvement or modification” and thus trigger section 97? The consensus in the industry is no, it should not.

 Therefore, the following are the suggested changes to sections 93 and 97 of the Act to assist Directors in the determination of what is a major repair and replacement versus an addition, alteration or improvement:

 1. New subsection 93(8)

“Notwithstanding section 97, additions, alterations or improvements to the common elements and assets of the corporation that are required by legislation, regulation, rule or other law, or those that are made to reduce the environmental impact and energy consumption of the corporation may be considered major repair or replacement for the purposes of subsection (2) and may be charged to the corporation’s reserve fund. 　”

2. Change to subsection 97(1) – Changes made by corporation

 “(1) If the corporation has an obligation to repair the units or common elements after damage or to maintain them and the corporation carries out the obligation using materials that are as reasonably close in quality to the original as is appropriate in accordance with current construction, technology, health, safety and energy, environmental and energy consumption standards, the work shall be deemed not to be an addition, alteration or improvement to the common elements or a change in the assets of the corporation for the purpose of this section.”

It is believed that these changes will go a long way to achieving the energy conservation and environmental protection measures that are so desperately needed, and ultimately will save owners a considerable amount of expenses indefinitely for the future.

Until these proposed changes are adopted or at least seriously discussed directors can protect themselves by requesting the opinions of the condominium lawyer and auditor.  These professionals can at least provide the Condo Board with the piece of mind that they are following the Standard of Care required of them by the Act.

Thanks to Armand Conant for permitting the publication of this excerpt.

Tarion has announced that it will accept comments on their Construction Performance Guidelines for Common Elements until January 31, 2012.  Tarion completed revisions to the deadlines and reporting requirements earlier in 2011 and their working group has recommended some changes including:

• new flexibility to amend Critical Dates by mutual agreement;
• a special form for freehold homes linked to common element condominiums; and
• better disclosure of closing adjustments.

 These recommendations will allow for deficiencies identified in the Performance Audit to be resolved in a fair manner while still requiring the declarant and the condominium board and management to continue momentum towards resolution.  

 These new timelines and amendments were developed in part to avoid the practice of Condominiums who were refusing to settle claims by not signing off on performance audit repairs and refusing to initiate the conciliation process.

 The proposed Major Structural Defect policy is not included in this current set of Guidelines open for Consultation.

 Copies of the reporting and deficiency resolution timelines are available Here.

Click here to learn more about the process, to participate and to read instructions on how to submit your feedback.

The holiday season usually brings enough stress on it’s own but this year December is also serving as a countdown for the implementation of plans, policies and procedures to meet the service requirements of the Accessibility for Ontarians with Disabilities Act (AODA).

 While many believe that this is a deadline to make your condominium communities barrier free the January 1, 2012 deadline is for employers inOntarioto remove barriers to the services they offer.  With this confusion Condominium directors and managers are asking what they need to do to comply with the AODA requirements.

 The short answer is:

• Employers with fewer than 20 employees need to develop a plan and train their employees on the requirements of the plan.  The plan does not need to be extremely complex – in fact a search of the Ministry of Consumer Services website will provide a template that can be prepared and a guide on training your staff. (this applies for most Condominiums)
• Employers with more than 20 employees will need to develop a set of policies and procedures as well as a plan for implementation and offer training.  (this applies to most Condominium Management companies)

 What have we done at Wilson-Blanchard to prepare for the deadline and to meet the needs of Ontarians that require accommodation to access our services and the services of our clients?

• WB has prepared a complete set of policies aimed at anticipating the accommodations that may be needed in accessing our services – including providing TTY machine access at our offices, recognizing the use of service persons and animals in our offices, putting policies in place when other needs that have not been anticipated arise and training all of our staff in these policies.
• WB has also developed a draft plan for approval by our clients and our managers will be trained in providing training to our clients directors, volunteers and staff.
• Most importantly we are fostering a culture that recognizes the rights of all to access our services with dignity.

 So think about the culture that you have in your company and your condominium community, try to anticipate the needs of the next person who may walk through your door and meet those needs.  Now write that down, talk about it with your co-workers and – Voila – you are ready!