Welcome to Condo’s Corner!

Brought to you by Daulton Read, President of Read Property Management

Issue #16

Get ready for a weekly dive into condo living like never before with Condo’s Corner! Speaking from my perspective as a Condominium Manager, my goal is to entertain and provide valuable management insights and stories that can help you live your condo life a bit better—all with a little bit of wit, charm, and practicality.

With a handful of major snowstorms already behind us, it’s clear that some winters can be more intense than others. Ontario condominium corporations need to be proactive with proper planning and maintenance, which are essential to keeping residents and visitors safe and avoiding safety, legal and financial pitfalls.

Safety Starts with Common Element Maintenance

Ontario’s Condominium Act, 1998 requires condominium corporations to maintain common elements, which often include walkways, parking lots, and shared outdoor spaces. Additionally, under the Occupiers’ Liability Act, the corporation is considered the “occupier” of these areas, meaning it is legally responsible for ensuring the safety of anyone on the property.

During winter, this responsibility takes on added significance. Ice, snow, and freezing temperatures can quickly turn common areas into hazardous zones. To mitigate risks, corporations must go beyond standard snow removal and ensure comprehensive ice management, including salting and/or sanding.

Set Clear Expectations with Contractors

Working with professional snow removal and salting services is critical, but clear communication is just as important. Often, significant snowfalls separate the small companies from the large ones; when it comes to landscaping companies, finding out that your current contractor can’t handle a major snowfall in the middle of said snowfall is not a good place to find yourself. Contracts with winter maintenance providers should outline:

• Designated Areas for Salting and Plowing: Specify all pathways, driveways, parking lots, and emergency exits.

• Response Time: Establish a timeframe for when contractors must be on-site following snowfall.

• Salting Charges: Specify salting charges that will be charged per application. These will vary on the amount of salt required to blanket the property.

• Snow Disposal Practices: Avoid creating high snowbanks that could obstruct views or create dangerous ice formations when melting and refreezing.

• Equipment: Specify the equipment the contractor plans to use for your property. Make sure it is sufficient.

• Insurance Coverage: Clearly state the contractor’s commercial general liability (CGL) coverage.

• Indemnification Clause: This clause can be included to protect the condominium and management provider.

How Snow Removal Contracts Can Differ Between Condominiums in Niagara

Snow removal contracts can vary significantly between condominium corporations based on factors like property size, budget, and the level of service required. Here’s a comparison of how two different Niagara-based condominium corporations might structure their snow removal agreements:

Example 1: High-Rise Condominium in Downtown St. Catharines

A high-rise condo with underground parking and limited outdoor space may negotiate a basic snow removal contract focused on:

• Clearing the main entrance, sidewalks, and visitor parking areas within 6 hours of snowfall accumulation exceeding 2 inches.

• Salting high-traffic areas such as the front entrance, walkways, and lobby steps.

• Emergency call-out services for unexpected ice buildup.

• Liability considerations ensuring the contractor follows all municipal snow removal regulations.

In this case, the contract may not include ongoing snowbank removal since space constraints mean large piles are less of an issue. Instead, the focus is on immediate safety concerns for pedestrian traffic.

Example 2: Townhouse Condominium in Niagara-on-the-Lake

A townhouse community with private driveways and shared roadways may require a comprehensive snow removal contract that includes:

• Clearing all private driveways, shared roads, and visitor parking areas within 6 hours of snowfall exceeding 3 cm.

• Salting private driveways and walkways leading to each unit’s front door, which may be the responsibility of either the corporation or individual owners.

• Regular snowbank removal to prevent accumulation from blocking driveways or reducing visibility at intersections.

• Strict timing requirements for plowing before 7:00 AM on weekdays to accommodate residents leaving for work.

This type of contract typically costs more due to the increased service level, but it ensures that residents can safely access their homes without worrying about excessive snow accumulation.

Don’t Overlook Exclusive Use Common Elements

For some corporations, exclusive-use common elements, such as balconies, front steps, private walkways, or even parking spots, can create a grey area of responsibility. Generally, condominium corporations may choose to include snow removal for exclusive use common elements in their contracts with snow removal companies. However, if the condominium declaration assigns maintenance of these areas to the unit owner, owners of some condominiums may be surprised to learn that they may still need to purchase a shovel after moving into a condominium.

Verify Insurance Coverage

Winter is not the best time to find out that a contractor’s insurance coverage is insufficient. The usual coverage limits for CGL can range from $2,000,000 to $10,000,000 for established snow removal contractors. Before the snow hits, condominium corporations should:

• Request Proof of Insurance: Obtain insurance certificates from all winter service providers.

• Review Policy Details: Ensure coverage includes liability for slips and falls, property damage, and worker safety.

• Additional Insured: It is a good practice to require the contractor to name the condominium as an additional insured on their commercial policy.

In Ontario, it’s also wise to confirm that contractors have WSIB (Workplace Safety and Insurance Board) coverage to avoid potential liabilities if a worker is injured on your property.

Daulton’s Final Thoughts

During the peak of the winter season, you might notice snow removal contractors applying salt more generously than expected. While it might seem excessive, remember that these professionals bear the legal responsibility for preventing slip-and-fall accidents.

Snow removal is a demanding, often thankless job that requires long nights, early mornings, and weekend work. Whether it’s battling a blizzard or keeping up with back-to-back snowfalls, these workers are out there ensuring your property remains safe and accessible. So, if you happen to see them during their rounds, a quick “thank you” or a warm coffee can go a long way. A little appreciation can make the cold nights feel just a bit warmer.

A quick note and request:

As we continue to grow Read Property Management, positive reviews from individuals like you can make a huge difference in helping us reach more communities. If you’ve had a positive experience working with me, I’d truly appreciate it if you could take a moment to leave a review. Your feedback not only supports us but also helps others see the quality and care we bring to condominium management. Best of all, it costs nothing but a few minutes of your time!

You may do so here – https://g.page/r/CeegrI40eRKzEAE/review

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