CONDOVIRUS EPISODE 10 Reopening Condo Land May 20

CONDO-VIRUS (EPISODE 10) « Reopening Condo. Land » May 20, 2020 LEADING INDUSTRY EXPERTS

CRISIS PREVENTION CELL 2 Speakers Firm Rod Escayola (Lawyer) Gowling WLG Katherine Gow (Manager) ACMO Graeme Mac. Pherson (Lawyer) Gowling WLG David Plotkin (Lawyer) Gowling WLG Denise Lash (Lawyer) CAI / Lash Condo Law Jason Reid (Fire & Emergency Management) Lash Condo Law Sean Cornish (Manager) Apollo Management Property Justin Tudor (Engineer) Keller Engineering Condo. Adviser. ca

AGENDA Topic Speaker Reopening Ontario Graeme Management Puzzle Sean/Katherine Legal Enigma Denise/Rod Engeneering Stumper Justin Tudor Safety/Security Riddle Jason Reid Next Webinar: Wednesday May 27 @ 5 pm 3 Condo. Adviser. ca

PROVINCIAL UPDATES – EXTENSION OF ORDERS • Emergency Orders have been extended to May 29, 2020 (were previously set to expire May 19, 2020) • Applies to many important Orders, including those re: 1. 2. 3. Social gatherings; Essential businesses; Amenity Closures • You can find the list here: https: //www. ontario. ca/laws/regulation/R 20220 • This is different from the extension of the Emergency Period to June 2, 2020; O Reg 220/20 – Amending O Reg 106/20 (Extensions and Renewals of Orders) Condo. Adviser. ca

PROVINCIAL UPDATES – CLOSURES OF ESTABLISHMENTS • All facilities providing indoor recreational programs, other than “essential businesses”, are still closed. • As of May 19, 2020, all public libraries are able to provide curb side pick-up and delivery. O Reg 221/20 – Amending O Reg 51/20 (Closures of Establishments) Condo. Adviser. ca

PROVINCIAL UPDATES – ORGANIZED PUBLIC EVENTS • Social gatherings of over 5 are still prohibited. • The ability to gather for a religious service, rite or ceremony has been expanded, if strict precautions are adhered to: 1. 2. 3. 4. 5. 6. 7. Must remain in closed vehicle; Vehicle must not have people from different households; Vehicles must be positioned at least 2 meters from other vehicles; No more than 5 people may conduct the service; Buildings must remain closed to the attendees; No materials may be exchanged; and Where religion requires it, you may use a non-motorized vehicle. O Reg 222/20 – Amending O Reg 52/20 (Organized Public Events, Certain Gatherings) Condo. Adviser. ca

PROVINCIAL UPDATES – ESSENTIAL BUSINESSES • Any businesses that engage in the retail sale, or rental, of items to the public, that have a public entrance that opens onto a street or exterior sidewalk are open, only if they: 1. 2. 3. • New specific mentions include: • • Use alternative methods of sale (like curbside pick-up or delivery); Operate by appointment; or Limit the number of people who may be in the business at one time. Motorized vehicle retail; Pet services; Construction support; Regulated heath professionals and counselling; Media industries (including music, film/tv, books, videogames). But wait, there’s more! O Reg 223/20 – Amending O Reg 82/20 (Closure of Places of Non-Essential Businesses) Condo. Adviser. ca

NEW ESSENTIAL BUSINESS UPDATE ON CONDOS REMEMBER: All “essential businesses” must still abide by the recommendations of public health officials. Maintenance, repair and property management services strictly necessary to manage and maintain the safety, security, sanitation and essential operation of institutional, commercial, industrial and residential properties and buildings. Domestic Services Domestic services that support the operation of households, including housekeeping, cooking, indoor and outdoor cleaning and maintenance services. Condo. Adviser. ca

NEW ESSENTIAL BUSINESS UPDATE ON CONDOS Outdoor and Indoor Sporting Most outdoor sports facilities are open so long as: • Physical distancing of 2 meters is adhered to; • There are no team sports; • There are no sports likely to result in people coming within 2 meters of each other; and • Locker/change rooms remain closed, except to the extent they provide access to a washroom or first aid. Similarly, indoor golf driving ranges, shooting ranges and horse riding facilities are open (subject to the same requirements) Condo. Adviser. ca

NEW ESSENTIAL BUSINESS UPDATE ON CONDOS Fitness/Training Facilities These are open…. but only to professional sports teams, and only as long as: • The only persons permitted to use the facility are professional athletes; • Physical distancing of 2 meters is adhered to; • There are no team sports or pool sports; • There are no sports likely to result in people coming within 2 meters of each other; • All sport activities are conducted in accordance with the rules and policies of the applicable professional sports organization; • No spectators are permitted at the facility, other than up to one accompanying guardian for minors; • Locker/change rooms remain closed, except to the extent they provide access to a washroom or first aid. Condo. Adviser. ca

PROVINCIAL UPDATES – OUTDOOR RECREATIONAL AMENITIES • As of May 19, 2020 the outdoor sports amenities mentioned before are open, subject to certain requirements. • In addition, the following are open, if social distancing guidelines are respected: 1. 2. 3. • Outdoor sports amenities. Off-leash dog areas. Picnic sites, benches or shelters in parks or recreational areas. The following facilities, if intended for use by more than one household, remain closed: 1. 2. 3. 4. All outdoor playgrounds, play structures and equipment. All outdoor pools, whirlpools and spas, splash pads, spray pads, wading pools and water slides. All communal facilities intended to be used by persons using outdoor sports amenities, unless they are “essential businesses” All portions of park and recreational areas containing outdoor fitness equipment. O Reg 224/20 – Amending O Reg 104/20 (Closure of Outdoor Recreational Amenities) Condo. Adviser. ca

MANAGEMENT PUZZLE Can we go ahead with… • • • Window washing? Landscaping? Interior maintenance/repairs of common elements? Benches/gazebos/patios? BBQ season (private and communal)? Social events? Realtors’ visit of amenities? Condo. Adviser. ca

IS IT TIME TO OPEN THE FITNESS ROOM? 13

IS IT TIME TO OPEN THE FITNESS ROOM? 14

IS IT TIME TO OPEN THE INTERIOR PARTY ROOM, LIBRARY, GAME ROOM, ETC 15

IS IT TIME TO OPEN THE INTERIOR CAR WASH 16

IS IT TIME TO OPEN THE INDOOR POOL/SPA? 17

IS IT TIME TO OPEN THE EXTERIOR POOL? 18

IS IT TIME TO OPEN THE EXTERIOR PARKS, PATIOS, GAZEBOS, ROOFTOPS? 19

IS IT TIME TO OPEN CHILDREN’S PLAY STRUCTURES? 20

IS IT TIME TO OPEN THE EXTERIOR SPORTING FACILITIES 21

IS IT TIME TO OPEN COMMUNAL BBQS? 22

LEGAL ENIGMA • Is making your amenities covid-ready : • a Reserve Fund expense? • A change to common elements? • In-unit renovations precautions, a step-by-step guide • What goes in an “electronic by-law”? Condo. Adviser. ca

RESTRICTIONS/CONDITIONS FOR SAFE IN-SUITE RENOVATIONS 1) Prepare a letter to the owner • Set out the context: Remind them why Corporation is concerned (health and safety; liability) • Remind owner that Corporation has legal authority to limit or stop in-suite renovations • Insist on strict conditions to limit traffic and maintain sanitation. • Only one trade is allowed at a time in the unit; • • No more than 5 contractors/workers on site at a time; • • • Restricted and coordinated use of elevator (e. g. twice per day) PPE must be worn by the contractors when entering and leaving the building as well as when they are in common areas; Use of in-unit washrooms, where available (i. e. not common washrooms) Limited working/noise/nuisance hours Condo. Adviser. ca

RESTRICTIONS/CONDITIONS FOR SAFE IN-SUITE RENOVATIONS 2) Insist the owner signs a Waiver and Indemnity Agreement • Legal actions commenced by other owners against the Corporation • Legal actions commenced by any contractor or trade against the Corporation; • Any fines or fees levied by any municipal or provincial authority that might be made payable by the Corporation Condo. Adviser. ca

RESTRICTIONS/CONDITIONS FOR SAFE IN-SUITE RENOVATIONS 3) Inform other owners of work being done AND restrictions imposed • To limit complaints, nuisance claims, health and safety liability Condo. Adviser. ca

RESTRICTIONS/CONDITIONS FOR SAFE IN-SUITE RENOVATIONS 4) Require any contractor entering the premises to: • Fill out a daily Health Screener • Agree to the COVID-19 Health Protocol • Agree to the conditions of work Condo. Adviser. ca

WHAT SHOULD YOUR E-MEETING BYLAW CONTAIN? • Reliable identification and registration of owners • Reliable determination of whether quorum has been met • Which units attended the Virtual Meeting; • Real-time participation to observe the Virtual Meeting (including the votes cast by show of hands and questions posed by Owners) Condo. Adviser. ca

WHAT SHOULD YOUR E-VOTING BYLAW CONTAIN? • Be open from the date the notice of meeting is sent, to the date of the meeting. • The voting period shall be closed at the time set out in the notice of meeting or as determined by chair. • All Owners entitled to vote electronically at any time until the close of the vote, regardless of whether they attend the owners meeting. • Validate and authenticate the identity of the Owner, or in the case of a proxyholder, the identity of the proxyholder shall separate any authentication or identifying information of the voter from the e-ballot, keeping the vote secret and confidential. Condo. Adviser. ca

WHAT SHOULD YOUR E-VOTING BYLAW CONTAIN? • Shall produce an electronic receipt for each voter who casts an e-ballot, which shall include the specific vote cast, and the date and time of submission. • The e-voting system will retain an electronic record of the vote cast as well as of the time and date the e-ballot was cast. • An electronic report automatically generated by the e-voting system relied upon and counted by the scrutineers/ the chairperson. • An Owner who attends a Virtual Meeting or casts an e-ballot (whether cast in advance of the meeting, or at the meeting) deemed to be present and shall be counted towards quorum. Condo. Adviser. ca

ENGINEERING STUMPER • Can RFS inspections proceed? • Can your performance audit proceed? • How to “capital project” while social distancing? • Are your contractors covid-ready? Condo. Adviser. ca

SAFETY/SECURITY RIDDLE 32 • PPE for staff, what about for residents? • Risk Assessment Tool for your employees/staff Condo. Adviser. ca

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NEXT WEBINAR • Next tentative webinar : Wednesday, May 27 @ 5 pm • • 35 Info will posted on Condo. Adviser. ca You will need to register again. Condo. Adviser. ca

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SEE YOU NEXT WEEK ! WEDNESDAY, MAY 27 AT 5 PM LEADING INDUSTRY EXPERTS

QUESTIONS? 38 Condo. Adviser. ca

ROD ESCAYOLA Gowling WLG KATHERINE GOW ACMO kgow@Crossbridgecs. com Rod. escayola@gowlingwlg. com +1 416 510 -8700 +1 416 862 -5787 ext. 58684 @KGow. Condo @Escayo. Law GRAEME MACPHERSON DAVID PLOTKIN Gowling WLG Graeme. Macpherson@gowling. WLG. com David. plotkin@gowling. WLG. com +1 416 862 -5787 ext. 50051 +1 416 862 -5787 ext. 50238 @Graeme. Macphers 4 gowlingwlg. com Gowling WLG (Canada) LLP is a member of Gowling WLG, an international law firm which consists of independent and autonomous entities providing services around the world. Our structure is explained in more detail at gowlingwlg. com/legal

DENISE LASH Lash Condo Law JASON REID National Life Safety Group Rod. escayola@gowlingwlg. com dlash@lashcondolaw. com +1 416 -770 -8005 +1 416 214 -4130 @Lash. Condo. Law SEAN CORNISH Apollo Management Property sean@apollomgt. com JOSH MILGROM Lash Condo Law jmilgrom@lashcondolaw. com +1 416 -214 -4133 613 -225 -7969 ext. 260 gowlingwlg. com Gowling WLG (Canada) LLP is a member of Gowling WLG, an international law firm which consists of independent and autonomous entities providing services around the world. Our structure is explained in more detail at gowlingwlg. com/legal

JUSTIN TUDOR Keller Engineers jtudor@kellerengineering. com +1 613 -224 -1594 gowlingwlg. com Gowling WLG (Canada) LLP is a member of Gowling WLG, an international law firm which consists of independent and autonomous entities providing services around the world. Our structure is explained in more detail at gowlingwlg. com/legal