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CHAPTER 1
Introduction to Administration and Human Relations
A condominium corporation is created and governed by the Condominium Act, 1998.
The Condominium Authority of Ontario (CAO)
- provide services to condo owners including mandatory director education, information and education for condo purchasers/owners and resources to help resolve disputes – made up of independent board of directors made up by senior experts. The CAO will also serve the important function of collecting data on the condominium industry.
The Condominium Authority of Ontario is also responsible for the operation of the Condominium Authority Tribunal (CAT)
.
CAO is funded by annual payment of dues by each condo on behalf of their owners - $1 per voting unit per month.
The Condominium Management Regulatory Authority of Ontario (CMRAO)
-
Oversee legislative requirements mandated by the Condominium Management Services Act, 2015 (CMSA). Is responsible to set the educational requirements for the profession and to enforce ethical standards as required by the condominium management services act (CMSA).
-
Created to oversee professional condominium management in Ontario and to regulate and license condominium managers and management companies.
The operations of the CMRAO are funded through the licensing fees charged to condominium managers and condominium management companies.
What is the name of the "New" Ontario legislation affecting Condominiums introduced as Bill 106 called?
-
Protecting Condominium Owners Act, 2015 (PCOA)
o
It created the two administrative authorities in ON for condos – CAO and CMRAO
What is the Hierarchy of Condo Documents? 1.
Human Rights Code
– created & changed by the Gov
2.
Condominium Act
– created & changed by the Gov
3.
Condominium Declaration
– created & changed by the declarant & changed with
80-90% vote of owners
4.
By-Laws
– created by the board & approved/changed by the majority vote owners.
5.
Rules/Regulations
– approved by the Board and circulated to owners, in force the day after 30 days.
6.
Policies
– approved by the board and changed at any time.
What is some legislation that affects Condos? • Building Code
• Municipal by-laws
• Employment legislation
• Building code
• Elevating devices act
• Insurance act
• Accessibility Act (AODA)
• Occupational health and safety act (OHSA)
Declaration
- the Declaration is what creates the condominium corporation.
-
When the declaration and description is registered at the Land Titles office, the condominium is created on the exact date and time stamped on the original document. The declaration is the condominium corporation.
-
Items found in a declaration are, boundaries, number of units, written descriptions of the physical structure, definitions, common elements, rights and rules. -
The terms are the fundamental principle that these owners agreed to when choosing to buy there. -
The declaration cannot be altered by 15% of the owners (like a rule) or even 51% of the owners (like a by-law). The declaration takes over 80% of owners to change (or 90% for some changes)
Contents of the Declaration are as follows: -
Statement saying the condominium corporation is governed by the Act.
-
Common elements (shared facilities) and exclusive.
-
Parking and lockers. -
Maintenance and repair.
-
Insurance -
Schedules Important Schedules in the Declaration:
Schedule C
– Boundary of units
-Where the unit ends and where the common elements begin. Schedule "C"
describes the boundaries of a unit, to determine the maintenance and repair obligations of both the owners and the condominium corporation.
Take note of the "Notwithstanding Clause"
. This clause is important as it provides exceptions to the basic unit boundaries described in the body of the schedule C.
Schedule D
– Proportion of common interest and expenses.
Percentage of what each unit pays for the common element fees. Often based on square foot of
unit.
It provides the necessary numbers to calculate the common element fee for each unit.
Schedule E
– Specification of Common Expenses
.
Details what type of expenses are included in the common element fees. Are the costs that each unit owner will contribute to the operation and shared obligations of the condominium corporation.
By-laws are designed to deal with governance of the condominium
- By-law Types (standard unit by-law, occupancy by-law, common expenses by-law).
-
# of directors
-
quorum of directors
-
to regulate board meetings
-
to authorize corporation borrowing funds
-
standard unit definition
-
Insurance deductible
Steps to Pass a By-Law:
1.
The Board approves the by-law
2.
The By-law is approved by a majority of owners at an owners' meeting called for the purpose of approving the By-law.
3.
The By-law is registered on title with the Land Titles Office.
What is a majority of owners?
– 50%+1 Rules
– are for governing the use of common elements and to provide guidelines to those living in a condominium community.
Steps to change a Rule:
1.
Board approves.
2.
Provide a notice to all owners with the new/revised rule. 30-day period for owners to object by requisitioning a meeting.
3.
If not opposed, the rule is in effect 30 days after the notice
Policies
-
Policies are intended to support enforcement and interpretation of the rules or help guide the Board. Ex:. Lien/collection policy, master key policy, investment policy, access to records policy
. -
Example: The Rules might say "all unit owners must not change their locks without board approval, and it must remain on the master key system."
Another good policy is how Visitor Parking rules are enforced – it helps to define how the manager/board will enforce the rules equally to all residents.
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CHAPTER 2 - The first year of a condominium
Before starting a condo project, what are some due diligence steps that will be taken by the developer?
Investigate what the land could be used for.
Engage a Engineer, Architect and/or City Planner.
Understand the zoning requirements.
Determine the types of buildings to be built.
Establish whether or not a building would be permitted on the land.
Cost benefit analysis – the return on investment.
What % of units will typically be sold to make the project viable and the developer will seek bank financing to start building?
-
60% Why a builder requires rezoning of a property?
This is done when an owner wants to build something that falls outside the criteria that the Municipal plan stipulates for that area. What is the Disclosure Statement for a new development?
-
Information for potential buyers – to give the purchaser an idea of what they are buying into. They can review and pull out of the deal within 10 days (
Cooling off period) if they don’t like it.
-
It includes delineating responsibility, potential future developments and details of what the development will look and operate like, plus a copy of all the proposed condo docs like declaration, by-laws, rules, budget.
Need to know what the contents are:
1. Proposed declaration, by-laws, rules
2. Details the type of condominium being constructed
3. Whether the property has warranty coverage
4. Use of the property – commercial/residential
5. Whether pets are permitted.
6. Restrictions or standards with respect to the occupancy or use of units.
7. Schedule 'D' – common expense and interest.
8. The Declarant's budget.
The REAL purpose of the Disclosure Statement
is: To describe the proposed condominium with as much detail as possible to inform potential purchasers so they can decide if they want to buy or not.
Cooling off period – The owner has 10 days to review the Disclosure Statement
and if they do not like what they read they can get out of the deal without obligation or penalty, or on the 11
th
day the deal is firm. Pre-delivery inspection
– This is done with the new owner in preparation of occupancy. The purpose of pre-inspection is to identify possible deficiencies and than provided to the builder’s contractors to remedy before the owner takes occupancy of the unit. Occupancy permits
– Owners begin to occupy the units once the fire department and Municipal
provide occupancy permit.
Occupancy
(Pre-Registration Period)
-
the Builder pre-sold all of the units, has built the building and some units are ready for move-in - so the first purchasers start moving in.
-
The builder is likely still finishing construction on some units and finishes of the common
elements or property - but residents are starting to move in.
-
NOT a condominium corporation yet.
-
It is still a development property owned by the declarant up until registration
-
For those that move-in to their new units before registration of the condo corporation, they must pay a fee, kind of like "rent", called Interim Occupancy Fee.
Interim Occupancy Fee:
1.
Interest
calculated on a monthly basis on the unpaid balance of the purchase price.
2.
Estimated monthly municipal taxes
.
3.
Estimated maintenance fees
- the projected monthly common expense fees.
They are paying to live in a building and covering the costs of operation without physically taking ownership of the unit.
4 Types of Freehold Condos listed in the Act 1.
Standard
– everything else - All types of corporations will have common elements (eg. shared components of the property that the corporation maintains)
2.
Phased
– one condo corp that is built in different stages and in the end will have one declaration and 1 condo corp with one name – There is one declaration. Each time a phase is complete, the declaration is re-registered to add in the new units. As a manager,
the major benefit of this is no shared facilities
because the declaration in a phased condo is structured to include the later phases as they finish.
3.
Vacant Land
- Vacant Land are very much like a Common Element Corporation - BUT - there ARE units in a Vacant Land. HOWEVER, the units of a vacant land condo are ONLY the land with no buildings on them. So, unlike the Common Element Corp, in a Vacant Land the condo corp (and manager) deals with maintenance of the "units" such as landscaping and snow removal,
plus the normal maintenance of the common elements of the corporation like roadways, streetlights, gardens, etc.
4.
Common Element
– the corporation is only made of shared elements and there are no units only parcels of tied land ie: golf course or roadway
Note
: A Phased condo is registered as Standard (which is becomes when fully built). Common element and Vacant land cannot be Phased.
In a Leasehold condo
, the developer builds a condo on leased land- a University/City owned land- you can purchase the units & the corp will last as long as the lease is - usually 50-99 years.
Naming a Condo: The type of condo is now in the registered name of the corp for all condos since 2001 – now called “City” “Type” C.C. # - city = municipality ie: halton, peel, waterloo, Toronto, etc. New Condominium corporation -
Units have sold and the corporation is now registered – the condominium corporation starts its life when the Declaration and Description is registered on title at the Land Registry Office.
The first Board of Directors
- Within 10 days of registering a condominium Declaration the Declarant is required to establish a Board of Directors. A minimum of three directors are to be appointed or a greater number if the by-laws increase the number of directors. Who is on the First Board of Directors?
– appointed by the declarant – employees, family members, lawyer – usually close relations/business partners/lawyers of the declarant.
Where do you find out how many directors on the first board?
– by-law - the first owner elected board happens at the turnover meeting. j
What triggers the turnover meeting?
Know timeline below
– when the declarant loses majority of the units or 50%+1
-
The board must call the turnover meeting in 21 days after the declarant loses the majority of the units
, then hold the meeting within 21 days
of calling it.
-
A total of 42 days from the date when the decant transfers a majority of units.
Quorum for a Turnover Meeting
is 25% of owners at the first and second attempt to hold the meeting, or 15% of owners at the third attempt and any subsequent attempts.
Some documents (items) required to turn over at the turnover meeting
1. Seal of the Corporation
2. Declaration - By-laws -Rules
5. Minutes of owners and board meeting – the minute book
6. Copy of all agreements
7. Copy of all policies of insurance
8. All records related to the units and to employees of the corporation.
Items required to turn over by the Declarant 30 days after the turnover meeting.
1. Existing Plans
2. Warranty Information for all the equipment, fixtures etc.
3. Table of Maintenance & Repair
4. Financial Records
5. Disclosure Statement
6. Copy of all final reports on inspections that the warranty authority requires be carried
out on the common elements.
7. A schedule setting out what constitutes a standard unit for each class of unit.
8. All reserve fund studies (that are required to have been completed at the time the meeting is held).
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Know the things (meeting package) that a manager should prepare for the Turnover meeting with the sole purpose of electing the new Board of Directors.
Preliminary notice of meeting
– 20 days in advance from the notice of meeting
Notice of meeting
- 15 days in advance of meeting
Agenda
- List of people running for the board
– Proxy
– Election and proxy instruction
A Turn-over Return must be filed within 90 days after the turnover meeting is held and the owners elect a new Board.
What needs to be in place for a building to be occupied by residents? -
In order to obtain an occupancy permit, the builder is required to satisfy that there is running water and an operational fire system. The clock starts on warranties covered under the Ontario New Home Warranty Program (Tarion) the day the owner takes possession of the unit for pre-occupancy.
As of January 1, 2018, there is a new requirement to file returns with the Registrar. The Initial Return must be filed within 90 days after the Declaration and Description are registered and the
condominium corporation is first created. A prescribed form must be completed, and a fee paid.
The purpose of the form is to verify, among other things:
• Name of Declarant
• Date of registration
• Corporation name
• Type of corporation
• Corporation's address for service
• Municipal address contained in Declaration, if any
• Name of Directors, and effective date of Directors' election or appointment
• Total number of units
• Total number of voting units.
• Name and address for service of condominium manager and Management Company, if any
• Start and end dates of the corporation's fiscal year
CHAPTER 3 "The First Year" of a condominium
There are two very important things to do in the first year to look after the best interest of the condominium
1. undertake the engagement of a professional engineer to carry out a performance audit
and 2. reserve fund study
for the registered condominium.
We have to collect condo fees from the owners of the units starting day one. How do we know how much to collect?
-
Schedule D
would tell you the % of the total fee that each owner must contribute-- but where do we get the total amount to split up per unit?
The First Year Budget.
Who sets the budget for the first year of a condo?
-
The declarant (ie: developer)
-
The first-year budget is often created 3-4 years before occupancy
Challenges when creating the first-year budget:
• Development changes over time and often the budget does not reflect those changes.
• Ability to foresee and estimate future costs many years in advance.
• Developer needs to be competitive in the marketplace.
Where would a purchaser find the proposed condo fees of a new development?
-
The Disclosure Statement, which also provides for a nominal annual increase in the budget from the time of sale to the occupancy eg. 3% per year.
What happens if the fees are too low to cover the actual expenses and there is a deficit in the first year?
The Condominium Act requires the Declarant to be responsible for any shortfall in the budget at the end of the first year.
-
The Declarant is responsible to reimburse any shortfall in the budget at the end of the
first year to the corporation. However, expenses are required to be reasonable.
When would the first condo manager usually be hired?
-
It is up to the builder - best if the manager is hired pre-occupancy leading up to registration.
-
better for the manager to get involved during occupancy to help get the correct trades and building operations in place, which can also be helpful.
Managers Responsibility During Occupancy:
1.
Tendering for service, maintenance, staff contracts
2.
Hiring in-house staff as necessary
3.
Identifying deficiencies and health and safety matters requiring attention
4.
Reporting and following up on the items identified to ensure repairs are made in a timely manner.
5.
Facilitating elevator books and welcoming new owners into the building .
6.
Acquiring information for the owners to create the condominium records.
7.
Working with the owners and steering committee.
When is a Turnover meeting required?
1. After the declarant has sold more than half the units (or no longer owns a majority) sold 50%+1
2. Then Declarant has 21 days to CALL a turnover meeting
3. Then another 21 days to HOLD the turnover meeting (total of 42 days)
What is the purpose of the turnover meeting?
-
Main purpose is to elect the Board of Directors and obtain turnover items from the Declarant.
First Post-Turnover Board
-
A very important time for the Manager to set expectations and set the first elected Board on the right track is the first Board meeting after Turnover
The Agenda items for first post-turnover Board meeting should include what items?
-
Review of Condominium Documents
Review of By-law #1
Election of Directors and Officers
Selection of the Auditor – if not already established
Changing of Corporation Year End
Reserve Fund Study
Insurance
Two critical items that should be addressed starting with the first meeting:
• Performance Audit
• Reserve Fund Study
Performance Audit The main purpose of the audit is to determine whether there are any deficiencies in the performance of the common elements that may impact a claim or monetary settlement with the Ontario New Home Warranties Plan Act through Tarion.
Critical timing for the Performance Audit
1. The Act says the PA must be completed (filed) before the end of the 11th month after registration. Section 44 (10).
2. The second Performance Audit must be submitted prior of the second year of operation.
Tarion covers the common elements of the corporation.
First Year Tarion Covers:
-
Wokmanship - water penetration - electrical – mechanical
Second Year Tarion Covers:
-
2nd year warranty includes all mechanical, heating, plumbing, electrical systems for materials and workmanship. Water penetration through the basement or foundation walls.
Seventh Year Tarion Covers:
-
The 7 year warranty includes only : major structural
-
Major Structural only applies if the building is falling over or is uninhabitable.
-
Cracks in the foundation do not qualify
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Tarion warranty
- The home is free from defects in material
- Is fit for habitation
- Is free of major structural defects, constructed in accordance with Ontario Building Code.
Request For Proposal’s should include for the Engineer to propose:
• # Site visits
• Extra specialized testing costs
• Multiple meetings with the Board and Management
• Two revisions
• Timelines for the work that are compliant with the Act and Tarion
• Deficiencies be recorded in a format that enables easy tracking and meets Tarion reporting requirements
What is a Reserve Fund Study? -
It is a physical and financial analysis of the corporation for the purposes of funding future major repairs and replacement of the common elements.
-
It is an analysis of possible future major repairs and finances of the corporation
Think of a RFS as a "savings" plan.
-
The engineer tries to figure out how much money the corporation must save in order to have enough money in the reserve fund to fix or replace the main building components when required down the road
-
It is mandated by Condominium Act and must be completed within the first year
after registration
Three types of RFS:
-
Class 1 - Comprehensive
–initial study, done in the first year of operations
-
Class 2 – Update with a site visit
, completed every six years, starting in the sixth year
-
Class 3 – Financial update – update on the financial numbers, completed
every six years, starting the third year following the Comprehensive Study.
CHAPTER 4
What must every director now do what when they are elected to a condo board?
-
Complete the CAO director training course within 6 months
of being elected, which is good for 7 years.
Difference between an Officer and a Director on Board:
-
Directors are elected to the Board by the owners -
Officers are positions on a board appointed or elected by the Board. o
Officers are "titles" only and do not have voting rights on the board. o
Officers duties which are defined in the By-laws and/or created by the Board.
What two Officers MUST each corporation have?
-
President and Secretary
The text lays out 8 "Director Personalities" that you may encounter on any board
-
Condo Commandos
– strong willed, controlling individuals who normally dominate the Board who manipulate/bully the other Board members to do certain things.
-
Leader
– ideal director, values the team and encourages the Board members in effective decision making. -
Follower
– many members fall into this category, does not think independently, go with the flow. -
Silent type
– very shy and are likely prepared but don’t participate.
-
Apathetic
– get on the board because they are persuaded, likely not prepared for meeting, not show interest in the community and come with little input to discussions.
-
Mistrusting
– will want to ensure that the due diligence is followed and the manager is not associated with trades.
-
Meddler/Busy Body
– most disruptive and destructive, gossip and gather information and share outside the Board room and not a team player.
-
Team Player
– ideal character trait – understand their role and the bigger picture.
Provide a Directors Handbook
(usually on a USB or posted to a website now) that includes: • The governing documents
• Previous meeting minutes
• Management and Financial Reports
• A document that describes their role as a Board member and what is expected of them
• A copy of the CCI Directors' Code of Ethics
• Schedule of future Board meetings
• Fellow Board contact information
Notice is required to call a Board meeting
(unless the by-laws specify another time):
-
10 days.
When should the manager deliver a Board Meeting package before a meeting?
-
The manager needs to prepare a comprehensive "Board package" and deliver it to the Board 3-5 days before the meeting
-to help the board prepare and be ready to make decisions at the meeting
What contents should be in the Board meeting package? KNOW EXAMPLES
Board meeting package:
1. Agenda
– the chair is responsible for setting the agenda, but the manager is often asked to prepare the agenda -
Confirmation of the agenda, approval of the minutes of the last meeting, businesses arising from those minutes, review of the financial report, investment decisions, review of arrears, management reports, correspondence listings, building/property inspections,
committee reports if applicable, new business, date/time of next meeting, termination of meeting. 2. Minutes and Items Arising from the Minutes
– prepared & circulated within 7 days of the meeting, minutes are recorded by a board member, manager or recording secretary.
3. Financial Report including a Variance report and Current Arrears – the board’s function is to monitor spending and authorize large expenditures
4. Condominium Manager's Report:
ie: be proactive on Spring/Fall maintenance and the tendering of upcoming projects
5. New Business
Who should record the minutes?
-
better to get a 3rd party to do it - avoids bias and ensures all items captured.
After Board meetings, communicate the minutes shortly after the meeting to all owners
-
Post a "board meeting highlights" summary or post the redacted minutes for owners to read once they are approved.
Management Report:
-
This is a VERY important document -
It shows the board all of the things you did that month for the corporation and the status of all ongoing items.
-
The manager should also include all recommendations and quote summaries in the report
-
This also becomes a record of what the manager communicated to the board and what was recommended
-
To lead the board to a decision and give them enough information to make it happen. What should you do when a director wants to interact with you between meetings?
-
Listen to the director's ideas and then suggest that you will get any additional information and add it to the agenda of the next meeting
-
If it is urgent, suggest a special board meeting is called to discuss it.
Remember
: The board can only make decisions at a proper Board meeting
What about an email approval from a Board?
-
If a board wants to approve by email, the Manager must ensure they have received email comments from ALL board members & approval by at least a quorum of the board
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-
very important- that the email approval is ratified at the next board meeting and recorded in the minutes
Who chairs the board meeting?
-
The corporation's by-laws specify who must chair a board meeting.
Difficult Directors at a meeting:
• Try not to solve the problem while listening to the problem
• Often people want to vent; they simply want to be heard
• Respect others; everyone has value and be open to other solutions
Manager’s Role in the Board Meeting:
-
Goal is to lead the Board to a decision to give them enough information to make it happen.
CHAPTER 5
Town hall meetings or Owner Info Meetings
are great because you hear about concerns in a less formal setting and that lets you focus on the business of the AGM at the actual AGM meeting
-
Also, it gives owners another forum to "vent" or get something off their chest to the board or manager instead of saving it all up for that once per year AGM and letting it all out!
The most common Owners Meeting is the AGM- Annual General Meeting
-
There is certain business that must be conducted each year at the AGM to run the business of the corporation
Note: a meeting that is not held for the business of the corporation under the Act does not have to comply with quorum or notice requirements of the Act
-
For example: you do not have to mail notice and agenda of an Information Meeting because it is not a meeting called for purposes under the Act.
What are some other reasons that you might hold an Owners' Meeting?
-
discussion for major spending or discuss special projects
-
Approval/Passing a By-law - that would require a formal meeting
-
A majority of owners must vote in favour to pass a new by-law
-
Removal of directors
You must comply with the Pre-Notice and Notice timelines and include a copy of the proposed by-law in the meeting package
Challenging rules is a good example of a special Owners Meeting
Per the Act, if the Board proposes new
Rules
, they must provide them to all owners and then
the owners have 30 days to request a meeting if they wish to challenge any of them
-
Anything that the Act requires approval of owners - a formal Owners' Meeting must be called
The removal/hiring of a management company or a condo manager?
Does this require a vote of owners?
-
No. Hiring/firing a property manager is like any other contract and is a Board decision-
not an owner decision What is a Requisition Meeting and explain how owners call one?
-
Requisition meeting needs the 15 % of signatures to be able call this meeting
-
A Requisition Meeting is an owners' meeting that is called by "petition" of a group of unit owners.
-
Propose it to the Board and the board must respond in 10 days
Requisitions must be in the prescribed form and be signed by 15% of owners
, must state the nature of the business and be delivered personally or by registered mail to the President or Secretary of the Board or to the address for service of the corporation
-
EX: If the nature of business is to remove a Board member, the requisition must state the name of each individual proposed to be removed, the reason(s) for the removal and whether that director holds a Reserved Position
.
A requisition is not a formal meeting type - it is simply the trigger to call an Owners' Meeting for that purpose
For any owners' meeting, what is Quorum?
-
25% for first and second attempt and 15% third and beyond
-
Quorum for any Owners' Meeting is 25%, except for an AGM that you didn't get quorum on the first and second try... on the third attempt and later it reduces to 15%
What does Quorum means?
-
Percentage of owners that need to be there to conduct business
-
Quorum is the minimum # of units that are required to be present (in person or by proxy) to actually hold the meeting and conduct business
For a requisitioned meeting,
it only takes 15% of owners to CALL
the meeting; but at least 25% must be represented at the meeting (in person or proxy) to actually HOLD
the meeting and conduct business
When does a corporation have to hold its AGM?
-
Within 6 months of the end of the current fiscal year
-
Really-- the soonest you can hold the AGM is 35 days AFTER the Audit is approved and
signed by the Board.
What happens if you miss the 6 month deadline for holding the AGM?
-
There are NO repercussions for the corporation.
-
if it is the manager's fault that the AGM wasn't held in time, an owner could be a complaint with the CMRAO
What notices must you send to owners to call an Owners Meeting and when?
-
2 notices must be issued to call an owners meeting:
• Preliminary Notice of Meeting of Owners
– at least 35 days
before the meeting
• Notice of Meeting of Owners
– at least 15 days
before the meeting
The Preliminary Notice of meeting of owners must be distributed to all unit owners AT LEAST 20 days before the packages mailed
What contents need to go in the Notice of Owners Meeting package?
AKA AGM Package
• Notice of Owners Meeting prescribed form
• Date and location of meeting
• Business to be presented (Agenda)
• The quorum needed
• Details about the meeting
-
Audit financials, proxy
Also - know what is on the Agenda of an AGM:
• Confirmation of Quorum
• Proof of Notice
• Approval of Owners' Meeting Minutes
• Presentation of Audited Financial Statements
• Appointment of Auditor
• Nominations, Director Election, Results
How can you deliver the AGM notice package?
1. Personally
2. By Prepaid Mail
3. Delivered to the owner's unit or mail box (address for service only)
4. By fax, email or other electronic method if the owner has agreed to receive notice this way AND signed the document confirming this method of delivery
Who chairs the Owners' meeting?
-
It is usually the President as dictated in most operating by-laws
-
The By-laws usually allow president to appoint someone else like the lawyer or Manager, but the meeting usually has to approve the new chairperson
What is a Reserved Position?
-
The position designated as Reserved Position was a concept that came about because of condominiums where there was a large representation of developer-owned units and developer board members.
-
It requires that if there is a minority of units that are non-leased units (ie. the unit owner lives in the unit and is not renting their unit out) then there must be one position on the board that ONLY the non-leased (ie. owner-occupied) units can vote on
-
It is to ensure that the owners that live in the building have at least one representative on the board that they voted for
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so does that mean that an owner who does not live in unit can run for this position but voted by only unit occupies – yes. One example- we manage a corporation that has 115 units
107 are owned by one corporation, and 8 are owned by individual unit owners
For one of the three board positions, only those 8 units are able to vote for one position on the board
Director Disclosure statements:
-
Board candidates must now disclose a series of questions when running for the Board so that owners know some basic information about who they are voting for
• Whether they are an owner in the corporation and whether their contributions of common expenses are in arrears of 60 days or more.
• Whether they are not an owner or occupier of a unit in the corporation.
• Whether they are party to any legal action to which the corporation is a party
• Whether their spouse, child, parent, child or parent of their spouse, is a party to any legal action to which the corporation is a party
• Whether the occupier of a unit that the person/spouse owns, or that the person owns with the occupier is party to a legal action to which the corporation is a party
• Whether they have been convicted of an offence under the Condominium Act or regulations within the preceding ten years
• Whether they have a material interest, direct or indirect, in a contract or transaction to which the corporation is a party, in a capacity other than as a purchaser, mortgagee, owner or occupier of a unit.
• Whether they have an interest, directly or indirectly, in a contract or transaction to
which the Declarant or Declarant Affiliate is a party, in a capacity other than as a purchaser, mortgagee, owner or occupier of a unit
The disclosure of any of these does not prevent anyone from running for the Board but it might make owners think about voting for them or not
There are 3 people on the Board, 2 are spouses of one another. Do they note in the Disclosure Statement that they have a conflict?
-
having a spouse on the Board is not a required Disclosure in the list above
-
Having a spouse that has a legal suit with the corp is something that they would have to disclose
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The By-laws might prevent having spouses or 2 people from the same unit on the board at the same time. The Act doesn't prevent it but the by-laws for that corp may
The general By-Law of a Corporation includes many items pertaining to holding and running an Annual General Meeting; please list at least two
-
This question is asking what the corporation By-laws would say about the AGM - which are: where it must be held, how many directors, the directors’ terms, how voting is conducted, who chairs the meeting, etc.
CHAPTER 6
What does the unit owner's personal insurance policy cover?
-
Liability (if someone is injured while in unit)
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Contents (possessions of owner in unit/locker/vehicle)
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Betterments and Improvements (any improvements made to unit that exceed the standard unit finishes)
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Assessment (any portion of an insurable loss not covered by corporation's policy)
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Contingency or deductible insurance (to pay corporation's deductible after an insurance claim)
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Accommodation (expenses an owner incurs after a loss if unit cannot be occupied)
And "Assessment Coverage"
-
It only covers a special assessment if the condo requires one to pay for an insurance loss that is not fully covered by the corporation's policy.
It does not cover the owner for any special assessment levied by the condo (eg. inadequate reserve funds or special project)
What are the 4 types of mandatory coverage in the corporation's policy?
*EXPLAIN WHAT EACH COVERS 1. Directors and Officers -
Act honestly and in good faith and as a reasonable person would in similar circumstances
.
-
EX: if the Board approves a social committee and they have a BBQ and someone chokes on the ribs, the committee members could be sued. the D an O insurance covers the committee members in that type of scenario
-
OR the landscape committee that was sued for planting flowers that attracted bees near the house of a lady that was allergic to bees and wasps
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it will cover committee members because they are by extension doing corporation work on behalf of the board
-
the important thing
is that it must a committee sanctioned by the board and approved in the minutes
-
remember the D and O is there to ensure that people who are volunteering and contributing to the betterment of a community are not exposed for liability for the work they do
2. Liability -
Liability is for damage to a third-party individual as a result of a failure on the part of the corporation.
-
EX: a slip and fall is the most common claim in this type of insurance
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in place for legal costs to fight the legal claims when the corporation gets sued- or pay
out if the corp losses
3. Boiler and Machinery -
Boiler and machinery insurance coverage is required for even common element condos that do not have any boilers or machinery.
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If a boiler blows up - that is covered by B and M insurance
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B and M insurance also covers heaters, water tanks, furnace a/c units
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Remember it covers the equipment but also covers the damages that result from the failure of the equipment.
B&M can also be called Equipment Breakdown
A Board will say we don't have boilers or machinery. Why do we need this insurance?
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For two reasons:
o
Because it's required by the Act (one of the 4 mandatory coverages); and
o
Because it covers all types of equipment like electrical panels, underground lines, streetlights, etc.
4. Property Insurance
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Property insurance covers the common elements and basic units of the condominium to full replacement value
We will assume that we have an imaginary high-rise building that has a Standard Unit By-law and that it does not include floor coverings
The following statement is true for ALL condo property claims-
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It does NOT matter what caused the damage AND
whoever insures it pays to repair or replace it
If a window leaks and ruins the carpet in a unit in our pretend building who pays to replace
the carpet?
-
The owner pays for it because in our pretend building the flooring is not covered by the SUB = standard unit by-law
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The leaky windows are likely common elements and the corp would repair them
-
whoever insures it pays to repair or replace it
-
the property insurance of the corporation insures the common elements AND the units to the level of the SUB
The roof in a penthouse leaks and causes water damage in a unit, who replaces the kitchen cabinets?
-
In this example the corporation would replace whatever cabinets are in the SUB (which would likely be defined as "builder's grade" or original)
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and the owner's insurance would pay for any upgrades to the cabinets eg. they had an
upgrade to a marble counter top or mahogany cabinets.
Lets say the fan coil pipe bursts and the hardwood floor needs replacing and the drywall needs replacement in the bedroom
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fan coil and drywall are condo, floors are owner
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all floor coverings are excluded from the SUB
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The corp would replace the drywall and paint but the flooring is not part of the SUB so it is the owner's responsibility
The SUB (like any bylaw) must be approved by the unit owners before going into place
Deductible Chargeback
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you need a bylaw to extend the circumstances to charge the deductible to an owner
-
the Act has vague wording - we must pass a by-law that allows us to charge the deductible to a unit owner IF they damage their unit, another unit/common elements
If an owner fails to take proper care of their shower and the water leaks into the wall and damages the common elements or other units below
– then we should be able to charge back the condo's deductible to the owner who did not take proper care and caused the leak
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Note: The condo can ONLY chargeback up to the amount of the insurance deductible (if the owner is at fault) - not more
Standard Unit Definitions
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Example: the water heater is within the unit and (in our example) the unit is responsible to repair and maintain their own water heater.
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So, the water heater in Unit 301 leaks. Causes water damage in 301, 201 and 101 and the common corridor
First things first- the condo's insurance policy must respond.
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The condo manager sends a restoration company to clean up the water
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Now- the water is cleaned up and the units dried out
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Let's say the clean-up cost so far is $3,000
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If your insurance deductible is $2,500 - you should probably notify your insurer of the loss now as well (if you haven't already)
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But nothing has been repaired yet. So you start getting estimates for repairs
In our Standard Unit By-law (SUB) it says that all floor coverings are not part of the standard unit.
-
In our example, Unit 301 and 201 have hardwood floors that were damaged from water
As the manager, what now?
-
next step would be to formally advise Unit 301 and 201 that their floors are not covered by the condos insurance and they should contact their own insurance company.
Its best to do this explanation in writing and provide a copy of the SUB Especially from Unit 201-- why should I have to call my insurance when the water is from the unit above? That is a very common question.
-
now we've fixed all of the STANDARD finishes in each unit. The unit owners will then carry on and fix their floors or other non-insurance damage
So, now with the $3000 we spent in clean up, then we spent another $3000 in unit repairs we are done
But who pays the $6000?
-
Unit 301 pays $2500 and the Corp pays the rest( or the insurance of the Corp)
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and the Board can decide if they want to make an insurance claim or not--- the deductible is $2,500 or they can decide not to make a claim and just pay the $6000 to avoid a claims history
Final piece is that Unit 301 is responsible for the water heater and it caused the damage -so- the condo can chargeback the unit owner 301 for the condos insurance deductible amount of
$2500
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but remember- this was all done by the condos insurance coverage. We simply charge the deductible amount back- which is the max you can charge back
The board can decide if they want to make a claim or not. but you can charge the unit owner back up to the value of the deductible even if you don't make a claim
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If the Board decided NOT to make a claim, 301 wouldn't be charged back anything.
What does an insurance appraisal do?
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Full replacement value
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Determines the replacement value of the policy. It should be updated every 3 years.
You should be able to describe the steps you would take as the manager starting from when the damage happens
....
IF it was a long answer question
Consultant -- why do we use one?
-
to determine scope of work
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They will go over the scope of work including picking contractors, inspecting work, analyzing bids etc.
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Expert opinion and guidance, liability insurance, and to supervise progress and perform inspections, are some important reasons
Does every contract need specifications?
-
Remember the types of contracts - a PO is a form of contract
-
If we issue a PO for simple sprinkler head repair or to repair one small hole in drywall,
it is too much to prepare specs, too complex and unnecessary
Major contracts, you need specs and for the more common jobs you need to determine your comfort level with the contractor and what are the consequences if it goes wrong
-
Because the flip side is if you have detailed specs for every little job like changing a light fixture, the contractors will charge you a lot more money
Example
: landscape maintenance contract -
for a landscaping contract the specs might be called a "scope of work" -
one bid for a contract may include salt for the driveways and one may have salt as a extra charge - that may mean that the lowest bid is not the best deal
Why do we prequalify the bidders?
-
to ensure they are bonded
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Due diligence ie: ensure they have insurance
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The main reason is that the board could pick any one of the bidders and you need to be prepared to work with them
Sealed bids
are a good idea when there is a known conflict ie: board members brother
Advantage of sealed bids -
ensures that all bids are confidential is one answer; and
-
ensure a fair tender process and transparency Tenders are to be opened at a meeting of with at least one board member and the consultant
that prepared the specification
. The bids are generally recorded, and the consultant takes them away for review and comparison
How is the manager protected when the bids are sealed?
-
In a sealed bid, the manager does not have the ability to fix the price - and cannot be accused of fixing the price or sharing quotes
-
you have the right to ask for companies to be placed on the bid list
2 types of Canadian
Construction
Documents Committee CCDC contracts that we typically use in condo projects?
CCDC 2 - Stipulated contract (fixed price) IE: replacement of carpets/wall coverings. It is when you know before the job starts how much work is required CCDC 4 - Unit contract (not fixed price - estimate) – used when the quantities of the particular repair cannot be known in advance ie: concrete slab in underground garage, kitec removal, garage waterproofing– it is a contract where the quantity is unknown
-
So the engineer estimates (best guess) how much they think will need to be replaced and the contractor provides a "unit price" to replace concrete -
Then as the job is being done they add up the amount actually replaced and invoice In a large project with project payments-- you must holdback 10% of each progress payment (each invoice) and then it gets paid back after 60 days from when the job is complete
-
provided there are no liens against the corporation from subcontractors or suppliers
HINT - You need to know what these are and when they are required.
There are 3 information certificates that managers must prepare for corporations
• Periodic Information Certificate (PIC)
• Information Certificate Update (ICU)
• New Owner Information Certificate (NOIC)
PIC
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Must be sent to owners twice during the corporation's fiscal year:
• the first within 60 days of the end of the first fiscal quarter;
• the second within 60 days of the end of the third fiscal A PIC is kind of a Mini Status Certificate because much of the information included is the same
, however the confidential unit information will not be included in the PIC
ICU
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Only required if and when a change or an event has occurred that triggers a need for an update to the owners
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Purpose is to advise owners and non-resident owners during the year when certain events have occurred at the time they occur
NOIC
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Designed to help increase the knowledge that new purchasers have about the nature of condominiums and the corporation's documents
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NOIC is a special certificate containing the most up-to-date information about the corporation from the most recent PIC and ICU that have been sent to owners
Annual Information Returns
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This is an information form required to be completed and submitted online to the CAO before March 31 each year
What is the main purpose of a status certificate?
It is important to note that the status certificate is only valid on the date that it is issued.
-
To provide potential owners, mortgagees and any interested parties with information on the condominium corporation and a specific unit
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Cost is $100 inclusive of all taxes, and certificate must be provided within 10 days of the date the fee is paid
CHAPTER 7
Three keys to communication:
1. Clear and precise
-
When presenting information, especially if the topic is complicated, always try to summarize into basic ideas.
-
Give them the details and then the very clear options they have to choose from
2. Ensure the person understands
-
When communicating, know your audience and ask what they do/don't know about the topic.
Example
is when an owner moves into a building with a dog that has a clear "no pet" provision in the declaration.
-
They may not even know what a declaration is.
-
You need to explain the basics of condo governance and empathise that their real estate agent said they could have a dog in the building- when they can't.
3. Your communication is a reflection of yourself
-
Grammar is proper and proper spelling, not rude and reflects your nice personality.
What are the keys to thorough communication?
-
The 5 Ws & 1 H when you are preparing a notice, letter or even presentation, it will make sure your communication is thorough.
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• Summarize the points
• Anticipate what might be asked
• Include anticipated question responses in the presentation
Working with Staff
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Clearly explain the concern and expectation.
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Offer support if they need to learn a new skill or don't understand a part of their job
-
After the discussion, it is very important to document the discussion.
Working with Contractors
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Meet with contractors in person & directly in the place the work needs to be done.
-
These "site meetings" help you to visually understand what the contractor is explaining so you can communicate this information to the Board.
-
You will also have to negotiate with contractors on behalf of the board.
Negotiating with owners about an issue or request
-
You are the middle-person between the owner and board, so clearly communicate your role. Review the problem again and work together on a solution
Management Report:
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The management report is the manager patting themselves on the back.
-
it is showing the board everything you have done for the corporation.
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Ensure you complete it correctly because it does not go away
In the report you will have to present quotes and tenders.
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Always prepare a summary page with a table/spreadsheet for quick reference.
-
provide the board with clear options to choose from with pros and cons and provide a
recommendation if you have one and a good reason for it.
AGMs and Owners Meetings:
-
Remember it is the OWNERS' MEETING not yours, so you always want the tone to be correct and an open environment for questions and discussion
Letters When Dealing With Violations: 1.
FIRST LETTER: Explanation, Warning Letter: be written in a tone that is about education and awareness of the issue – not demands and threats
2.
SECOND LETTER: Stronger Rule Violation Letter: If no response or correction, second letter is sent with a firmer tone and an explanation of any consequence if the violation or problem is not rectified
3.
THIRD LETTER: Lawyers Letter: come from the corp’s lawyer (with board approval)
Additional Steps you Could Do:
-
offer to meet with the owner between letters 1-2, offer to facilitate a meeting with the owner and board between letters 2-3, and offer mediation
before after the lawyer
letter before going to court action
The #1 compliant of most owners
is that they are not communicated with enough and feel in the dark about condo business – can post things in elevators and newsletters by email,
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online, mail, etc. – doing them regularly is key and advising what the board is currently working on.
W
hat things should be included on the contract tender form? -
Other than scope of work -
when communicating - think of the 5 Ws and 1 H, the tender form should have all of these items clearly indicated about project
CHAPTER 8
Fines can be levied against the individual supervisor (manager) and against the company (management company) if reasonable steps are not taken to protect a worker from bodily harm in the workplace
A condominium manager overseeing staff should:
• Know their obligations under health and safety laws
• Plan, develop, implement and enforce workplace standards
• Do due diligence. Take all reasonable precautions to prevent injuries or accidents
• Ensure all employees are properly trained for the tasks they are required to complete and
have the tools/equipment required
• Develop an Occupational Health and Safety Program
• Conduct a workplace hazard assessment to identify hazards associated with each task or duty
OHSA: Occupational health and safety Act - sets out requirements for workplace safety and the duties of employers (the corporation), supervisors (condominium managers) and workers
What are the 3 Basic rights of workers outlined in legislation?
-
Right to know -
right to participate
in occupational health and safety decisions
-
right to refuse
• The right to know about hazards in the workplace, how to identify the hazards and how to protect against hazards
• The right to participate in occupational health and safety decision-making or activities
• The right to refuse work they believe is dangerous to themselves or coworkers
AODA: Accessibility for Ontarians with Disabilities Act (AODA) also protected under Human Rights
-
Purpose
of legislation is to ensure a fully accessible Ontario by 2025 and covers the following 5 areas:
1. Customer service
2. Information and communication
3. Transportation
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4. Employment
5. The built environment
Example
of how a condo manager's customer service might be directed by AODA:
-
support person helps with communication o
learning disability and has difficulty understanding.. asks someone to read out instructions
-
accommodation if the person is on wheelchair or difficulties walking
-
A unit owner informs you that s/he is visually impaired and cannot read building notices that are posted that you deliver about services being interrupted (ie. Water shut off) or projects on the go in the building.
-
Your AODA customer service policy says you will accommodate that owner & provide the notice in some other way they can understand-- like braille, phone message
WSIB - Workplace Safety Insurance Board (WSIB)
-
All employers and independent contractors are required to have WSIB insurance
-
This comes with the duty to report all accidents and be subject to provisions under OHSA
-
Make sure you are advising your Boards that they should not be using contractors/workers that do not have WSIB or the condo corp could be on the hook for any injuries and long-term care if a worker is hurt
Employers must do under WHMIS - Workplace Hazardous Materials Information System
• Educate and Train workers on hazards and safe use of products
• Ensure hazardous materials are labelled properly
• Provide access to SDS – Safety Data Sheets • Ensure proper PPE
Safety Data Sheets (SDS)
are summary documents that provide information about the hazards of a product and advice about safety precautions
Four main elements of SDS:
1. Identification
2. Hazards
3. Prevention
4. Response
Personal Protective Equipment (PPE):
Clothing, gear or equipment used by a worker to protect them from workplace hazards and possible injury
Human Rights Code
-
The Code prohibits actions that discriminate against people based on protected grounds
What are the protected grounds?
-
Age, colour, citizenship, ethnicity, creed, disability, family status, marital status, gender identity
Contract Staff
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What are some advantages of contract staff?
-
can be re-assigned if owners are not happy with level of service
-
do not need to have the paperwork of payroll
-
No payroll taxes or benefits, WSIB
-
less stress on the manager to arrange a time schedule or coverage
Disadvantages of contract staff?
-
loyalty is to employer
-
we actually pay more for a contractor because the contract company has overhead - which might be worth it for the benefits listed above
-
they are less familiar with the building or site because they can change more often
Do we still need to have a job description with a contract employee?
-
Yes - schedule and scope of work in included in the contract
-
There should be a job description as part of the contract that helps make sure that we
have clear expectations
Contract staff there is less administration for the manager and the corporation does not have
to pay benefits or overtime, but we do pay more for this benefit
-
also, if a contract staff person is performing poorly then we just make a call to have them removed from the site
In- House Employers
What are some advantages of in-house employees?
It means the employee works directly for
the corporation
-
cheaper, loyal, they know the building
-
And more often become long-term employees that build relationships with the board,
manager, contractors, residents
There is also a difference between the term "employee" and "worker"
-
Any person that is on the property and doing work is always considered a "worker" even if they are with a outside contractor it is still the responsibility of the manager/condominium to provide a safe work environment
What are things in the employee file?
• performance reviews
• letter of intent
• job description
• contract – signed
and make sure you have a SIGNED employment contract!
Performance Reviews:
-
Like everything, communication is the key
-
You are the team leader, so you must lead and coach staff to develop success
What are the 4 steps in progressive discipline?
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1. verbal warning
2. written warning
3. suspension
4. termination
verbal and written communication to employee to correct issue. Explain how the situation could have been handled better
Document
warning letters
legal advice
That is the key to discipline process - write down EVERYTHING
-
In the event of employee disputes or court proceedings, the courts will rely on information that is written and documented instead of your memory
CHAPTER 9
Unethical vs. Unprofessional:
-
Unethical
is doing something wrong while unprofessional is doing the right thing but perhaps in a sloppy manner. ie; grammatical mistakes in a letter vs. sharing bids with vendors
• Unprofessional
makes you look bad
• Unethical makes me and my profession look bad as well
Let's say I scream at a resident and hang up on them - that is unprofessional
-
You cannot get in trouble with the ethics committee of ACMO or lose your Manager's Licence for that
But taking money from a contractor and ensuring they win a project bid- that is unethical - and gets you in trouble
Ethical Traits of a Manager
• Professionalism
• Honesty and Trustworthy • Being a person of character
• Responsibility
• Honourable
As an employee of the management company, who do you have obligations to?
-
The condominium corporation AND The management company
-
The management company is hired by Board of Directors to manage the building as their agent
When talking about ethics, one of the main duties we have as managers is to Fiduciary Responsibility
-
We are collecting, holding, spending and managing thousands or sometimes millions of dollars on behalf of the owners of the corporation.
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What is Conflict of Interest?
-
When a person is, either directly or indirectly, is related or may benefit in a material contract or transaction to which the corporation is a party.
Perceived
Conflict of Interest
-
The board perceives you to have a conflict of interest with a landscaper because you use that landscaper on many other properties so the board thinks you must be getting
a kick back
What is a "Code" of ethics? Know how to define in your own words
-
System of moral principles that a person choses to operate under consciously or un consciously
-
A written set of guidelines issued by an organization to its workers and management to help them conduct their actions in accordance with its primary values and ethical standards
As a condo manager, there are different sets of codes of ethics that you will be subject to
• CMSA
• ACMO
• CCI – Directors' Code of Ethics
• Your Management Company's Code of Ethics
As a licenced manager you are obligated to follow the CMSA code of ethics to maintain your licence and ability to work in this industry
(CMSA) Condominium Management Services Act or CMSA Code of Ethics
Can you name some of the general obligations?
KNOW TO NAME A FEW
• Treat people fairly, honestly and with integrity
• Not discriminate, harass
• Provide reasonable accommodation for persons with disabilities
• Ensure forms and documents used in providing management services are current
• Make and keep all records required in providing management services
• Be financially responsible in providing management services
Protecting the Client's Interests – what condo managers/management must do:
-
Promote/protect best interests of the client;
-
Not accept any gifts from someone that could be used as influence in providing opinions, advice/information;
-
Keep the client informed of all significant steps the manager takes and about the condition of the client’s property/assists There is also process for complaints against a licenced manager who violates the Code of Ethics
-
The CMRAO registrar handles complaints and will try to resolve by:
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• Attempt to mediate or resolve the complaint
• Give the licensee a written warning
• Require the licensee to take further educational courses
• Refer alleged breaches of the Code of Ethics to the discipline committee
The Registrar can also:
• Suspend, revoke or add conditions to a licence
• Refuse to renew a licence
• Take further action as is appropriate in accordance with the CMSA
• Violations of the code of ethics can be referred to the discipline committee
CHAPTER 10
(CMSA) Condominium Management Services Act
Why did the government create new mandatory licence structure for condo managers?
-
to protect condo owners.
-
improve consumer protection for condo owners
-
As the text explains, the CMSA was created (to require Condo Manager licensing) so that that a Board knows that certain minimum requirements have been met when selecting the company and individual that will manage the day-to-day affairs of the corporation on behalf of the owners
If you perform any Management Services for a condo and receive any remuneration, you must now have a licence
-
It provides a guide and supports our position as a manager when we say that some people (i.e. board members, supers, contractors) can't perform these duties if they are paid without a licence
Condominium Regulatory Authority of Ontario (CMRAO)
-
The CMRAO assumes complete financial, operational and legal responsibility for administering legislation (CMSA)
-
Note that an Administrative Authority is not the government directly
o
AA is self-funded by the license fees
CAO is another Administrative Authority in Ontario
What date did condo manager licencing become effective in Ontario?
-
November 1, 2017
Note that a board does not have to hire a licenced manager
-
A board can self-manage their corporation provided they are not getting paid receiving any perks or honorariums
What are the 5 types of condo management licences in Ontario?
1. Limited
2. General
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3. Transitional General
4. Supervising
5. Condo Management Provider (Company licence)
What are some requirements for EVERY licence holder?
• Be at least 18 years of age
• Provide their complete name
• Provide a completed application form
• Pay the required fee
• Provide a police record check (dated within the last six months)
• Prove successful completion of any educational and examination requirements, if any
Limited Licence
-
LL must be supervised by a supervising licensee (General or General Transitional)
-
restrictions on a limited licensee:
• No contracts – enter, extend, renew, terminate, etc.
• No POs or Purchases over $500
• No issuing Act notices (eg. Meeting notices, records)
• No status certificates
• No Reserve Expenses. Period.
General Licence
-
Complete education requirements (or challenge exam with 5 years' experience)
-
2 year’s experience
o Must include experience with:
o Board meetings
o Owners meetings
o Budgets
o Financial statements
o Repairs and maintenance
-
Once you have completed the educational courses and have the 2 year’s experience you can apply for your GL which removes all of the LL restrictions noted above
Supervising Licensee
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Simply general or transitional that supervises a limited licensee
Transitional
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For managers with 2 or more years experience but not completed the ACMO courses
— the license allowed time for manager to complete the courses or challenge the exams. This type of license will expire for good on June 30, 2021
Condominium Management Provider Licence
-
Is for management companies
-
The company must designate a Principal Condominium Manager who is responsible for compliance with the CMRAO
-
The company must pay a license fee
for each licensed condo manager that they employ
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Why is continuing Education in any career important?
-
to keep up with current changes in your industry
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Continuing Education is now a requirement for renewing your condo manager license
CHAPTER 11
Doing a personality test
can be a huge advantage if you understand what type of person you are dealing with and then tailor your message to them in the best way for them to receive it
-
Example
- if you have a board member that is a "fact-finder" – you don't want to answer their emails with quick one-liners
-
You need to provide context and back up for your answer to avoid many further follow
ups
-
Helping to understand what type of person you are dealing with can help in working with them and building a productive business relationship
Human Rights
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You cannot discriminate based on any of the protected grounds.
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Specifically, with race or religion, origin, disability as a manager you should be aware of ethic or religious holidays or events of these in your community
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Example
: you don't want to schedule an AGM on a group of owners' holy day when they cannot attend because of their religion - particularly if there is a large % of that group in your corporation
Hoarding
is almost always related to a mental health issue
-
But it can seriously affect the building or other residents with pests, risk of fire, smells, etc.
-
Communication with a relative is very helpful if you have the information
-
You should always document all interactions and involve the authorities very early
o
Fire Dept, Health Dept., your condo's lawyer for advice on how/when to proceed with the condo taking action
Unit Entry
1.
Always provide Advance notice. As much as possible
a.
Eg. For the annual in-suite fire inspection, this is a scheduled event so provide written notice about entry 2 weeks before the inspection.
2.
for emergency inspection to investigate a leak or other issue affecting other units, ensure there are always 2 people present when the entry occurs and leave a notice or letter advising the resident of the emergency entry, the date, time and purpose, and if
any follow up is required.
3.
I
f the police or fire dept require entry- and request you to provide it- be careful
a.
They should have a search warrant or other documentation to get entry to a residence
AODA: Accessibility for Ontarians with Disabilities Act (AODA)
-
AODA's goal is to make Ontario accessible for all people with disabilities
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Disabilities are also covered under the Human Rights Code and you cannot discriminate
-
The MAIN thing to remember- if you get a request from a disabled person for something in the corporation (ie. Access, removal of accessibility barrier, customer service change) – THE CORPPORATION MUST ACCOMMODATE
o
Again, communication is the key - Meet with the person, Understand the disability and the request so you can decide together what the best way to accommodate will be for the person and the condo.
Good Samaritan Doctrine:
-
a legal principle that prevents a rescuer (helper) who has voluntarily helped a victim in distress wrong being sued for "wrongdoing" or negligence
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ie: removing a heavy object off of someone and it breaks their leg in the process
Noise Complaint: -
Have the complainer take a log of the loud noises. Date, time, frequency, descriptions of the noise, etc.
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Many times the complaint stops there.
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If they do log the complaints, good! Now you and the board have something to start investigating with.
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You can use it to poll other residents, to do sound transmission testing, set up recording devices, etc.
-
You should be able to gather enough information to determine if you need to enforce the rules against the person creating or permitting the noise, or if the complaint is frivolous or not serious enough to act on
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