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From the Fall 2023 Issue

Dear ACMO

Judicial Matters

Feature || Response by Eric Plant, RCM

Introducing “Dear ACMO”
Remember those popular advice columns “Dear Abby” and “Ask Ann Landers,” where anonymous readers would write in with their problems about work, relationships, life, etc.? Not only were they entertaining and insightful, but they made us realize that other people have the same issues and questions and that we were not alone with our problems. It touched many as we remembered the advice from something we read that helped us in our own situation.

We’re taking a page from Abby and Ann and are happy to introduce CM Magazine’s latest feature, “Dear ACMO.” An advice column where you can ask any question or share a difficult situation relating to condominium management anonymously, and we will endeavour to find an appropriate expert in the field and publish an answer with some advice. Ask the hard questions you may have been afraid to ask for fear of repercussions. Your full name or company will never be published or shared; just your first name or pseudonym, if you prefer.

Email your questions or situations that you need advice on to editor@acmo.org. Or, if you prefer, mail your questions to the Association of Condominium Managers of Ontario, c/o Editor, 2121 Argentia Road, Suite 101, Mississauga ON, L5N 2X4.

If you are a lawyer, engineer, auditor, or another expert in the condominium management industry and wish to be included in our panel of experts that we draw upon to give free advice, please let us know by sending an email to editor@acmo.org. To ensure transparency, your name and company will be published as the trusted source of the advice. Here is the first reader in need of advice:

Q: Dear ACMO,

I am dealing with a former board president who is very friendly with the present board members and always expects preferred treatment. Recently, a flood in his unit caused by a broken pipe damaged a 3-square-foot corner of his hardwood floor. With our high insurance deductibles, we decided against making a claim and only pay to fix the damaged area. This isn’t good enough for the ex-president. He wants the entire floor in his unit replaced and is relentlessly pressuring the board and myself. He claims he is entitled to a whole new floor and that the building’s insurance should cover it. The board is now leaning his way. I am not an insurance adjuster, but I don’t think the damage is that bad, and we should be able to fix it by matching the existing floor. I feel like I am stuck between doing what is best for the corporation and what the board wants to do for a friend. What is the best way to handle this?
Signed, Feeling Floored

A: Dear Feeling Floored,

As insurance deductibles continue to rise, many condominiums are opting to pay for damages to the standard unit rather than make claims. This is especially true for minor damage since the deductible alone would be more than the cost of repairs. The problem with this approach is that the condominium no longer has the benefit of an independent third-party adjuster to decide what exactly gets repaired. In your case, a small portion of a damage or an entire floor. This case is made even more difficult because the party involved appears to be friendly with the board members and looking for preferential treatment.

Thankfully, several insurance companies have now opened a service where condominiums can hire an adjuster without making a claim. The service costs some money, but the building gets an independent third-party assessment, which it can use to move forward. Although homeowners can still dispute the recommendations, management and the board no longer have to make those difficult decisions. I would start by letting your board know that this service is available and gently reminding them of the potential liability they could face down the road if they treat each homeowner differently.

 

Eric Plant, RCM, is a director at Brilliant Property Management Inc, a company with a unique history of helping buildings that have experienced fraud or mismanagement. He has his MBA and has held his RCM since 2015, and he currently sits on the ACMO Board of Directors, where he is helping to design the next series of educational content for condominium managers.


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