Smart House Homeowners Guide
Smart House Homeowner’s Guide
Welcome to your new Smart House condominium.
Included in this book is information that will answer questions you may have about living in a condominium, the Smart House development in general, and your particular Smart House unit.
B Condominium 101
B.1 What Is A Condominium?
B.2 What Is The Process To Close My Condominium Purchase?
B.3 What Do I Own When I Buy A Condominium?
B.4 What Rules And Restrictions Might I Encounter In A Condominium?
B.5 What’s Included In My Condo Fees?
B.6 What’s My Vs. The Property Manager’s Responsibility To Maintain?
B.7 How Do I Get A Copy Of The Declaration And By-Laws?
B.8 Are There Any Restriction On Renting Out My Unit?
G Staying In Touch
The primary function of the Concierge is to:
Control the flow of vehicular and pedestrian traffic into the building
Monitor the cameras located throughout the parking areas and other common areas
Attend to emergencies
Respond to resident requests for information and assistance
Assist with elevator bookings and move-ins/outs
Assist with deliveries, booking amenities, and accepting small parcel deliveries (only non-perishable items).
More information on Smart House’s Concierge service is set out in Section C.2.8.
A2. PROPERTY MANAGER
You should contact the Property Manager to deal with such issues as:
Cleanliness and maintenance of the common areas
Malfunctioning of such things as the garage doors, garbage chutes or recycling systems
Building security and access issues
Fire alarm malfunctioning
Broken pipes or plumbing problems
Noise issues with neighbours, where they cannot be settled privately
Collection of monthly common element fees.
First Service Residential
When you pick up your Suite keys at occupancy, you will be given a registration form to fill out from Property Management. This will enable you to register to a secure website provided by First Service so Property Management can communicate with you regarding important notices, such as events and announcements, as well as allowing you to submit service requests and booking amenities such as the Service Elevator, Party Room, Guest Suite, etc.
In the event of an emergency, such as a loss of heating, water leakage or any urgent deficiency that could cause damage or harm, please contact the Property Manager immediately.
In the event that the concierge is not available you should contact the emergency service department of the appropriate utility and/or the Property Manager by way of this emergency number.
For all medical emergencies, call 911.
First Service Residential
24 Hour Emergency Response Line
A4. CUSTOMER SERVICE
Please address all in-suite Tarion deficiency claims and warranty items to our Customer Service Representative.
More information on Customer Service is set out in Part E.
Customer Service Office
Urban Capital and Malibu Investments are Smart House’s developers and have sold your condominium unit to you.
If you have any questions for Urban Capital or Malibu, please contact Melissa Rotundo at Urban Capital or Jessica Martin at Malibu.
Developer Customer Service
T416.304.0431 Ext. 229
A6. BOARD OF DIRECTORS
The condominium’s Board of Directors is responsible for enforcing the Declaration, By-laws and Rules of the condominium as well as general affairs and owner concerns in the building. The Board will consist of owners who volunteer and are elected during the turnover meeting, which will be held approximately two months after the building is registered.
To contact the Board of Directors, please send all correspondence through the Property Manager.
Board of Directors
Contact the Board of Directors
via the Property Manager
B.1 WHAT IS A CONDOMINIUM?
The term “condominium” typically refers to a form of legal ownership, rather than a particular type of building. Condominiums are most often thought of as high-rise residential buildings, but they can also be townhouse complexes, low-rise residential buildings and even commercial complexes.
Condominium ownership consists of two parts. The first part is a collection of private dwellings called “units”. Each unit is owned by and registered in the name of the purchaser of the unit. The second part consists of the “common elements” of the building that may include lobbies, hallways, elevators, recreational facilities, walkways, gardens, etc. Common elements may also include structural elements and mechanical and electrical services. The ownership of these common elements is shared amongst all the individual unit owners, as is the cost of their operation, maintenance and ongoing replacement.
Each unit owner has an undivided interest in the common elements of the building. This undivided interest is usually expressed as a percentage equal to the size or value of the unit in question compared to the total size or value of all of the units in the condominium. This percentage determines your ownership percentage in the common elements as well as the monthly fees that you must pay towards their upkeep and renewal.
B.2 WHAT IS THE PROCESS TO CLOSE MY CONDOMINIUM PURCHASE?
There are four basic steps to registering your condominium and closing your purchase.
Step 1: Occupancy (Interim Closing)
You first take possession or “occupancy” of your unit when it is ready to be occupied. Prior to this time we will have notified you of your Confirmed Occupancy Date and you will have attended your Pre-Delivery Inspection (PDI) (more on this later).
At the time you take occupancy of your unit it is most likely that the condominium will not yet have been “registered” (more on that later), so we cannot transfer legal title of your unit to you (as the title has not yet been created).
So, instead of paying us the balance of your purchase price, you are required to pay a monthly Occupancy Fee
(similar to rent), which consists of three elements:
Monthly Condominium Fees
Estimated Monthly Realty Taxes
Monthly Interest Component on the balance of your purchase price (i.e. just the interest component, not any principal repayment).
Approximately five to ten days prior to your Occupancy Date, we will provide your solicitor with the specific calculation of the above amounts, and you will provide us (again through the solicitors) with a series of postdated cheques.
Please note that your “Occupancy Date” is not the same as your move-in date. Your Occupancy Date is the date on which your Interim Closing takes place, an action involving your and our solicitors, while your move-in date is the date you actually move in to your unit.
Step 2: Condominium Registration
A condominium is formally created when it is “registered” with the provincial registry or land titles office. Once all the units and common elements within the building are “substantially completed” (a technical term certified by our architects), the condominium registration process begins. This process is initiated when we submit plans and paperwork to the proper governmental authorities. The condominium’s Declaration and Description are ultimately registered in the Land Titles Office, following approval of these documents by the authorities.
At the time the condominium is “registered” the one property that existed before registration is legally divided into individual condominium units plus the common elements. Because no title has yet transferred to any individual purchaser, at this point we still own the property, although we now own it in the form of individual condominium units (together with the common elements), rather than one undivided property.
It is our responsibility to manage the condominium registration process, and we will notify you within 30 days of registration. The entire process may take several months following your Occupancy (Interim Closing).
Step 3: Unit Transfer (Final Closing)
The Unit Transfer Date, or Final Closing Date, is the date upon which you receive title to your unit, and occurs approximately four weeks after the condominium has been registered. We will give your solicitor notice of the actual Unit Transfer Date. All units in the building typically close on the same Unit Transfer Date.
On the Unit Transfer Date, your purchase and sale transaction with us is “closed”. The closing is based on a statement of adjustments that our lawyers prepare. This Statement of Adjustments accounts for outstanding occupancy fees, realty taxes, warranty fees etc. as provided for in your sales contract. At this time, your lawyer will receive a deed/transfer of title to your home (for ultimate registration), in exchange for your payment of the outstanding balance of the purchase price. This outstanding balance can either come from a final cash payment or from a bank that is providing you with your mortgage.
It is your responsibility to make all arrangements with your bank and lawyer and be prepared to close your purchase on the Unit Transfer Date. Any post dated interim occupancy cheques recorded and not cashed will be voided on this day.
Step 4: Turnover
Once the unit transfers have taken place, a Board of Directors, elected by and generally made up of the individual condominium owners and occupiers, takes responsibility for the management of the corporation’s business affairs. There is usually a Turnover Meeting where this transfer of responsibility (from us to the newly elected Board) takes place. This turnover meeting typically happens a couple of months after the Unit Transfer Date.
B.3 WHAT DO I OWN WHEN I BUY A CONDOMINIUM?
When you purchase a condominium, you own your unit, as well as the specific percentage allocated to the unit of the common elements. The boundaries of each individual unit and the percentage of common elements you own may vary from condominium to condominium, depending on how they are specified in the condominium’s governing documents. The boundaries of your condominium unit are an important consideration, particularly if you plan to undertake any alterations or renovations. The unit typically includes any equipment, systems, finishes, etc. that are contained only in the individual unit.
Components of building systems that serve more than one unit, such as structural elements and mechanical and electrical services, are often considered part of the common elements, particularly when they are located outside of the unit boundaries specified in the condominium’s governing documents.
There may be some parts of the condominium complex that are called “exclusive use common elements.” They are outside the unit boundaries, but for the exclusive use of the owner of a particular unit. Balconies and terraces are common examples of exclusive use common elements. While these spaces are exclusive to your use, there may be restrictions on how and when you can use them.
Your condominium documents will spell out your unit boundaries, what are considered common elements, and what are considered exclusive use common elements.
B.4 WHAT RULES AND RESTRICTIONS MIGHT I ENCOUNTER IN A CONDOMINIUM?
Every condominium is governed by its own set of rules, regulations and by-laws. These are necessary to ensure that condominiums are properly operated and maintained, and also to define the rights and obligations of the individual owners. With respect to the latter, condominiums may have restrictions regarding the number of occupants per unit, pets, noise, parking, and when certain amenities may be used.
Many condominiums have rules concerning the alteration of the unit space or its appearance. For example, Smart House’s rules limit what colour of blinds you may install in your unit, and what you can store on your balcony, in order to maintain a consistent look of the exterior of the building.
The rules of your condominium are outlined in the condominium’s governing documents, principally the Declaration and Disclosure Statement. Drafts of these two documents were provided to you upon your original purchase, and the final form will be provided to your solicitor as part of your closing process.
If you have questions or are uncertain of these condominium rules and regulations, contact your solicitor or the Property Manager.
B.5 WHAT’S INCLUDED IN MY CONDO FEES?
Unit owners pay a monthly condominium fee to cover their portion of the operating expenses of the common elements. A portion of this fee is allocated to the Reserve Fund that is created to ensure that there are sufficient funds available for major repairs and replacements over the life of the building. Condominium fees are typically calculated based on the annual operating cost of the entire condominium, and then multiplied by each unit’s percentage ownership.
Condominium fees may include:
Day-to-day care and upkeep of the common elements (e.g. snow removal, landscaping, cleaning of the common elements including carpets and non accessible exterior windows, heating/cooling system maintenance)
Contributions to the Reserve Fund, which is used to pay for major repairs to and replacement of common building systems to ensure that the condominium is kept in good repair over the life of the building
Property management fees
Building repair and maintenance
Salaries of condominium employees (e.g. concierge)
Costs of operating and maintaining the amenities (e.g. the pool, recreational facilities, party room)
Common area utilities
The condominium building insurance (as opposed to your own condominium unit insurance, which should include contents insurance).
What is, and is not, included in a condominium’s monthly fees should be clearly outlined in the operating budget. For the first year of the condominium’s operation, you should refer to the Budget contained in the Disclosure Documents that we provide to you and your lawyer at closing. This budget formed the basis of the condominium fees that your Property Manager will be collecting from you for the first year.
For subsequent years your Board of Directors, working with your Property Manager, determines the annual condominium budget. As an owner you get to approve this budget at the Annual General Meeting of the condominium.
Condominium fees are neither optional nor negotiable. For example, unit owners are required to pay a share toward the care and upkeep of amenities such as fitness rooms, regardless of whether they plan to actually use such amenities. Unit owners cannot withhold payment of their condominium fees if they are displeased with the Board of Directors, the Property Manager or other unit owners. In Ontario, the condominium corporation can register a lien on your unit if you do not pay your share of the common expenses. This means the corporation may have the right to sell your unit to recover the money it is owed. At a minimum, all the costs that the corporation has incurred to collect your fees will be charged back to you, with interest.
B.6 WHAT'S MY VS. THE PROPERTY MANAGER'S RESPONSIBILITY TO MAINTAIN?
Most condominiums corporations contract out the day-to-day operations of the condominium to a property management company (“Property Manager”) under the direction of the condominium’s Board of Directors. The cleaning of common areas; payment of common element utility bills; operation and maintenance of the domestic hot water and heating and air-conditioning systems; snow and garbage removal; and the collection of monthly maintenance fees typically fall under the jurisdiction of the Property Manager.
There are usually limits on the Property Manager’s authority. For example, anything that requires a major expenditure, or an expenditure not accounted for in the annual budget, may have to be approved by the Board of Directors. The Property Manager is also not responsible for items or operational problems within individual units, unless they are related to the common elements (e.g. heating systems, roofs, windows, exterior walls).
You as the condominium unit owner are responsible for some maintenance duties, and the condominium corporation is responsible for others.
Maintenance duties for the unit owner typically include:
Internal unit plumbing, appliances, heating, air conditioning or electrical systems that are contained in and serve only that unit
Cleaning window surfaces that are accessible from outside the unit (i.e. where there is a balcony or terrace)
Cleaning some parts of the common elements like balconies and patios that are assigned to or for the exclusive use of the unit holder.
Maintenance duties for the condominium corporation typically include:
Common area plumbing, electrical and heating and air-conditioning systems
Window and door repair and replacement
Upkeep of recreational amenities and parking areas
Any other part of the property that is not part of a unit.
Sometimes the responsibility for maintenance and repair can be shared. For example, a heating and air conditioning (HVAC) system may be part of the common elements, but the unit owner may be responsible for some tasks such as changing filters.
Please contact the Property Manager if you have any questions about your maintenance responsibilities.
B.7 HOW DO I GET A COPY OF THE DECLARATION AND BY-LAWS?
Your condominium’s Declaration and By-laws will be provided to your solicitor after the condominium is registered and will be held by the Property Manager.
B.8 ARE THERE ANY RESTRICTION ON RENTING OUT MY UNIT?
Many condominium purchasers purchase their unit as an investment with the intent to rent it out. While most condominium corporations allow owners to rent their units to third parties, there are typically a number of steps that owners must take before doing so. These requirements are available from the Property Manager, but at a minimum typically include completing a Tenant Information Form, as the Property Manager must always be aware of who is living in the unit and their contact information must be available to the Property Manager in the event of an emergency.
C.1 GENERAL BUILDING INFORMATION
25-storey boutique building, designed by architectsAlliance, with retail space on the ground floor and office space on floors 2 to 4 and 256 residential suites on Floors 5 to 25. In particular, the development is comprised of the following:
Undulating balconies with laminated glass railings
Entrance lobby on Queen Street West, luxuriously appointed by II by IV Design
Underground parking, accessed from the rear lane
Two residential elevators and a separate parking elevator
C.2 THE DETAILS
C.2.1 Building Address
Your municipal address
215 Queen Street West, Unit ____, Toronto, ON M5V 0P5
C.2.2 Lobby and Elevators
The residential lobby is located off of Queen Street West. There are three residential elevators, which serve the building as follows:
ELEVATORS FLOORS SERVED
Elevators 1 & 2 Ground to Floors 5 to 25
Elevator 3 P4 to Ground
Smart House residents have access to the following amenities:
Indoor Amenities (Floor 5)
Party room and show / dining area with adjacent lounges;
Fitness and yoga rooms; and
Outdoor Amenities (Floor 5)
Outdoor lounge seating areas;
Equipped with lounge chairs, gas fire pits, barbeque and dining areas.
The indoor and outdoor amenity areas are connected by a corridor, and are also accessible by the two residential elevators.
C.2.4 Guest Suite
The guest suite is located amongst the 5th floor amenities and can be booked through the concierge. The terms and costs of renting the guest suite will be set by the Board of Directors.
C.2.5 Vehicle Parking
Resident Vehicle Parking
Resident parking is located on Levels P2 to P4.
To access the resident parking area, you need to enter the back lane off Simcoe Street.
In the interest of fairness, parking spaces have been allocated randomly; if not provided to you already, your allocated space will be provided to you on interim closing.
C.2.6 Bicycle Parking
Resident Bicycle Parking
A large bicycle storage room equipped with upper and lower bicycle racks, purchased by suite owners, is located at the base of the ramp to P1. This room is accessed by a fob.
To access the parking garage, residents who do not own a vehicle parking space (and therefore do not have a garage transmitter to operate the overhead garage door) can use their fob to open the garage door.
Visitor Bicycle Parking
There is a separate visitor bicycle parking room located on level 1 and accessible at the south side of the building via the back lane.
Please note that it will be strictly prohibited to bring bikes through the lobby, corridors and public areas of the building.
The first year budget makes provision for concierge services 12 hours a day, 7 days a week (as arranged by property management). Hours are: 9am to 9pm Monday to Friday, 12 noon to 12 midnight Saturday and Sunday. The condominium board will have the ability to change the extent and times of your concierge service.
C.2.8 Building Access and Security
With your safety in mind, we have included the following security features in Smart House:
The building entrances and the various amenity rooms are all equipped with proximity fobs. To unlock a door you simply hold your fob within 1 inch of the reader. The benefit of this system is its ease-of-use as well as its security features, which among other things allow the Property Manager to add and delete entrants, thereby controlling who can and cannot enter the building. Each unit will receive two (2) fobs. Additional fobs may be purchased through the concierge. One garage transmitter will also be supplied for each parking unit purchased.
An enter phone is located in the building’s main entry vestibule.
Security cameras have been installed at key security points in the building, such that any activity will be recorded as well as visible on camera at the work station located at the concierge desk.
Access to the parking garage requires either a garage transmitter (which opens the overhead garage door) or a fob. Once inside the parking garage a fob is required to access the residential lobbies.
Notwithstanding the security features above, building security ultimately relies on resident vigilance. Always watch whether someone is entering the building behind you, and remain at the garage door entrance until the door is closed to ensure no one gains access this way. Finally, do not let in unidentified persons by way of the telephone-entry system.
C.2.9 Recycling System
Smart House is equipped with a recycling system that allows easy separation at each floor of garbage, compost and dry recyclables. With the push of a button at your floor’s garbage chute door, the system directs itself to the proper container in the ground floor garbage rooms.
It is imperative that you use this system properly, in order not to contaminate the separated bins and defeat the purpose of this recycling facility. Instructions on how the system works are posted in the garbage/recycling room on each floor.
In consideration of your neighbours, please do not dispose of garbage or recycling between 10:00 pm and 8:00 am.
This section addresses typical questions from new condominium owners, and provides some tips on maintaining your unit and its components. The information is by no means exhaustive. Should you have more detailed questions about any of the items listed, or questions about other aspects of your unit, please contact your Property Manager directly.
THE BARE MINIMUM
Read and understand your appliance warranty.
Arrange for your own contents and upgrades insurance from the date of occupancy (this is not covered in the condominium building insurance that is part of your condo fees).
Complete and submit your Carma Owner Registration Form (see D.1.5 below – completed during PDI)
Your fan coil has a filter. This filter should be replaced every three months. The fan coil also has a condensate drain which should be checked for any blockage each time the filter is changed. Please contact your Property Manager to purchase filters.
The filter in the range hood fan above the cooktop should also be cleaned on a monthly basis.
Do NOT use soap, ammonia-based cleaners, vinegar or detergents on your engineered flooring and never pour water (or allow it to pool) on the floor. To clean engineered floors use a lightly damp cloth and/or a proper wood cleaner.
Use only liquid non-abrasive cleaners on ceran-top stoves, bathtubs, countertops and stainless steel sinks.
Shut-off valves control water flow to individual plumbing fixtures and appliances. In the event of leak from a fixture or appliance, immediately shut off the valve to it.
D.1 MECHANICAL AND ELECTRICAL SYSTEMS
D.1.1 Heating and Cooling
The heating and cooling for your unit is supplied by an energy efficient fan coil system located in the suite. Heating and cooling are controlled by setting the desired temperature on your wall mounted thermostat(s).
If your heating or air conditioning is not working, check the circuit breaker in your electrical panel (see D.1.4below). If the breaker is off or "tripped", switch it on. If it is on, switch it off for 30 seconds and then switch it back on. If the fan coil does not start working, please contact the Property Manager.
Your heating and cooling system will work most effectively if you keep the following points in mind:
The system is a "closed" one in that it recycles air within your unit. Warm or humid air from outside disrupts this process, so you must keep all windows and balcony doors closed in order for the air conditioning system to be effective.
Your A/C will not overcome heat gain from direct sunlight. Please ensure that your drapes or blinds are drawn during direct sunlight hours.
It is far easier for the system to keep a suite cool or hot than to cool or heat it. Therefore, even if you are away during the day, keep the temperature in your suite moderate during that time by running the air conditioning or heating at moderate levels.
When outdoor temperatures are low, it is generally recommended that blinds be left in an open position to allow airflow over the windows to help reduce the amount of condensation that may form on windows.
In order to keep the air flow strong, you need to replace your fan coil filter every three months. The fan coil filter is accessed by opening the large panel below your main air vent. Please contact your Property Manager to purchase the appropriate filter for your unit.
Note that the condominium corporation may put in place a filter replacement program, in which case the Property Manager will take responsibility for this task.
Air registers can be adjusted to control the flow of air into individual rooms. Simply close or open the registers in each room to your own desired preference. This helps to balance the system. Never close a register completely.
Please also note that the air conditioning system in the building is designed to provide internal unit temperatures of 24 ºC (to a maximum of 6-7 ºC below outside temperatures). Setting temperatures below this level in the summertime may cause the system to become unbalanced and negatively affect air conditioning throughout the building.
The ventilation for your unit is supplied by way of an energy recovery ventilator (ERV), which brings fresh air directly into your unit from the outside. The ERV will run on a continuous basis at low speed. Increased ventilation is automatically activated when the bathroom fan is switched on. Please note that the bathroom fan is on a timer and switches off after 20 minutes of use.
Individual shut-off valves control the water flow to sinks, the dishwasher, the washing machine and the toilet in your unit. In the event of a leak with any of these, the first step you should take is to interrupt the water supply by turning off the appropriate shut-off valve. We strongly recommend testing all shut-off valves upon your occupancy. It is good practice to shut off the water supply to the washing machine when it is not in use.
The supply of water to your unit generally is controlled by a main shut-off valve located in either your kitchen or bathroom. Any leaks beyond the individual fixtures or appliances as discussed above should be immediately stopped by turning off these valves.
Low-flush and low-flow plumbing fixtures have been installed in your unit as part of the building’s sustainability features.
D.1.4 Electrical System, Switched Receptacles and Outlets
Your electrical panel contains individual breakers that control separate circuits. These breakers are marked to help you identify which breaker controls which appliances, outlets or other services. If any electrical service in your suite is not working, you should first check your electrical panel. If you do not know the location of your panel, or do not feel comfortable with how breakers function, please ask the Property Manager to give you a demonstration.
Your unit is equipped with wall fixtures in the bathrooms and ceiling light fixtures in your entrance way and/or hallways, and track lighting over the kitchen. We do not supply dining room fixtures as this is a personal decor decision.
Lighting in living room, bedroom and den areas achieved by floor or table lamps that you plug into switched receptacles, i.e. outlets that are activated by wall switches. If you notice a light switch that does not appear to turn on any light, its likely function is to activate one of the plugs in that room.
D.1.5 Electrical, Water and BTU Metering
Your unit is equipped with individual electricity, water and BTU sub-meters. Carma Industries will remotely read your meters and bill you directly for electricity, water, heating/cooling energy (BTU) consumed in your unit. At the PDI you would have completed the Carma Owner Registration Form for sub-metering and billing. We submit this completed registration form directly to Carma to set up your account.
For more information on metering in your unit, please contact:
Carma Industries Customer Care
D.1.6 Telephone / Cable / High Speed Internet
Please note that you are responsible to initiate telephone, cable, and internet services. Bell, Rogers and Beanfield offer a range of bundled services for you to choose from. Promotional deals exclusive to Smart House purchasers from all three providers were given to you at your occupancy/key release.
D.2.1 Kitchen Appliances
User guides and warranty information for these appliances are located in the respective units and the warranty information was provided as part of your welcome package.
If there is a problem with one of your appliances when you move in, it may be because it has not been properly hooked up. Please contact Customer Service (contact information in Part A) to arrange for the matter to be investigated.
If a problem arises with an appliance after it has been functional and it appears that the problem is with the appliance itself (as opposed to its hook-up), or if you need additional parts or want more information on how to use an appliance, you should contact Customer Service at each of the appliance servicing companies mentioned below. Please note that they may request an invoice number, which was not issued as appliances were delivered in bulk to the building. Reference the builder name “Queen-Simcoe Inc.”, the project name “Smart House Condos” and have your possession date ready to disclose. Please note that your warranty begins on your date of legal occupancy.
Your appliances were ordered through Appliance Canada
Congratulations on the purchase of your new home! Should you require service on your appliances please contact Appliance Canada Service the supplier of your product.
Please be advised customers no longer need to register their appliances.
T 905.660.2424 Ext. 2362
To purchase an extended protection plan to care for your products beyond the manufacturer’s warranty, please call Appliance Canada at 905.660.2424 Ext. 2362.
Please ensure you have the following information available:
Your full name, address, and phone number
The effective warranty date – this is the occupancy date at your new home.
The model number and serial number of each of your appliances. The model and serial numbers are usually located on the inside of each of your appliances.
Customers will need to provide proof of occupancy – such as the first page of their letter of agreement showing their closing date or standard cover letter from their lawyer
D.3 COMPONENTS AND FINISHES
Some slight cracking, nail ‘pops’ and/or seams may become visible on drywall walls and ceilings. These occurrences are considered normal, and are a part of a home owner’s normal maintenance and repair. Popped nails do not alter the strength of the wall and should be left alone until time to repaint.
The following wall colour has been used in your unit:
STANDARD WHITE WALLS
Benjamin Moore / OC-65 White (FLAT)
BATHROOM WALLS / TRIM / BASEBOARDS
Benjamin Moore / OC-65 White (SEMI)
D.3.2 Wood Flooring
We have installed an engineered hardwood or high performance laminate floor in your unit, depending on your selection. This product will maintain its excellent appearance provided that it is properly cared for and maintained. In this regard you should ensure the following:
Be careful of scratching. Never drag furniture or heavy appliances along the floor. Be sure to support these with casters or glides.
Never pour water or allow it to pool on the floor, and immediately blot up spills or spots using a lightly damp cloth
Sweep or vacuum your floor on a regular basis to prevent dirt and grit from harming it
Use mats or area carpets in high traffic areas
Maintain normal interior humidity levels (45-60% in the summer; 35% to 50% in the winter)
Do not use wet mops, wax conditioners, acrylic wax, steel wool, soap, detergents, amonia-based cleaners or vinegar on the floor.
Wood and laminate floors will respond noticeably to changes in humidity levels in the home, especially in winter. When a floor is new, small splinters of wood may appear; dimples or scratches can be caused by moving furniture, or dropping heavy or sharp objects. Bubbles, scratches, and/or minor dirt and debris appearing in the finish of a wood floor are typical and within normal construction standards. Some shrinkage or warping can be expected, especially around heat vents or any heat producing appliances.
Should you damage your floor and need to replace it, please contact the manufacturer.
Satin Finish Flooring
D.3.3 Cabinets, Countertops and Backsplashes
Should you damage a cabinet door and need to replace it, please contact the manufacturer’s customer service department.
Living Arts Kitchens
The countertops in the kitchens and bathroom vanities are made of Caesarstone.
Always use a cutting board to protect your countertops when your prepare food. While minor scratches that can result from cutting food may not be noticeable at first, in time they will dull and mar the luster of the finish.
The backsplashes in the kitchen at Smart House are made of mirror or glass.
The doors and doorframes in your home are typically made of painted wood. Wooden doors are subject to expansion and contraction with changes in heat and humidity. The result can be warping and sticking. This is normal and may correct itself as conditions change. You should allow your home to go through at least one dry and damp season before you make any permanent changes.
Similarly, the large sliding doors within your home (not applicable to all units) are made of painted wood and are also subject to expansion and contraction with changes in heat and humidity. Additionally, due to the fact that these doors are hung from the ceiling, as opposed to hinges along the side, the door is held in place at the bottom by a pin that is fastened to the floor. This pin keeps the door from swinging side to side and therefore any extreme forces applied to the door that are not in the direction the door is meant to travel will put pressure on this pin. This should be avoided if possible so as not to damage the pin or the bottom of the door.
TOUCH-UP COLOUR FOR SLIDING DOORS
Benjamin Moore / OC-65 White (SEMI)
Over time, normal wear-and-tear and the expansion and contraction of materials will loosen caulking or cause some materials to separate. You may notice this where drywall meets concrete, or where tile grout meets a tub. We will ensure that cracks or areas where two materials meet are properly caulked when you take occupancy. Maintenance of caulking after this time is your responsibility.
Condensation may appear in wintertime at your windows or window sills, resulting from high humidity within the unit, low temperatures outside, and poor ventilation at the window area (such as when your blinds are lowered). Condensation tends to be worse in a building during the first few years after completion, as a result of the release of moisture initially trapped in the concrete and the newly finished drywall. You should anticipate that there will be some condensation initially in your unit, due in part to our exposed concrete ceilings.
Please take the following steps if condensation issues appear in your unit:
Leave blinds either fully or partially open to allow airflow over the windows;
Vary the ventilation in your unit or make use of a dehumidifier;
Always use your fan hood when cooking; and
If you plan to be away from your unit for an extended period during winter, do not set the temperature in your unit significantly lower than your normal temperature.
D.4 NON-PHYSICAL ELEMENTS OF YOUR UNIT
Your building’s condominium declaration allows unit owners to have a maximum of two (2) household pets(defined as a dog, cat, caged bird or fish), including a maximum of one (1) dog. The Board can make rules pertaining to household pets, and also require that a disruptive pet be permanently removed from the building.
As a homeowner, it is your responsibility to obtain a condominium homeowner’s insurance policy that covers contents and upgrades, which the condominium corporation’s insurance does not provide. Condominium insurance is different from non-condominium insurance so it is important that your broker is aware that you have purchased a condominium.
The Condominium Act requires that the condominium corporation obtain insurance coverage for all units in cases of major perils such as fire, flood and smoke damage. The cost of this coverage is included in your monthly condo fees. The condominium corporation’s insurance covers the units as they were architecturally designed to the builder’s specifications only. The Corporations’ insurance covers the full replacement value of units and common elements. But any upgrades you acquired and all of your personal property are excluded from the condominium’s policy.
You are responsible for obtaining insurance for appliances, upgrades and personal property, such as furniture, clothing and electronics. It is recommended that all owners obtain minimum insurance coverage as follows: $1,000,000 liability insurance, contents insurance, betterment and improvements insurance, loss assessment and contingency insurance.
If you are renting your suite it is suggested that you obtain coverage to cover your contents, liability, appliances, betterment and improvements. A tenant would be responsible in obtaining a specific tenant content insurance package.
D.4.3 Window Coverings
Your choice of window coverings has a significant impact on the look of the building. In order to maintain a clean, upscale appearance of the overall development, the condominium Declaration requires that any window coverings you install be proper blinds and that they be white or off-white in colour, or have a backing to this effect.
If you are installing your own sunshades or blinds, you should note that the exterior windows are made of insulating glass that requires adequate ventilation to reduce glass stress. Therefore, when installing your shades, you should ensure that the shades when lowered are at least two inches away from the glass and one inch from the mullions (metal pieces). In addition, when lowering your shades you should always leave at least one inch open at the bottom near the sill.
D.4.4 Outdoor Furniture Restrictions
As with your window treatment, the look of what you place on your balcony or terrace also has a significant impact on the overall look of the building. As a result, the Condominium Declaration includes the following restrictions on balcony and terrace use:
You are not allowed to store any materials, including bicycles, on the balconies or terraces;
Only balcony furniture which is white, black, beige or metallic colour may be kept on the balconies or terraces; and
You may not hang items off the balcony or terrace railings, including plantings, holiday decorations or exterior lights.
D.4.5 Suite Keys
In accordance with the Declaration all suite entry doors are on one master key. The master key system allows the Property Manager to gain immediate access to your unit in case of emergency, fire, or flood. Prior to changing your lock please contact the Property Manager to ensure that your lock remains on the master system. The cost to have the lock re-keyed to the master will be at your expense.
To ensure that we can provide a high level of customer service, we have set up a customer service team to address your Tarion Deficiencies. See below for details.
All communication with us, to be considered official, must be in writing.
When we need to make a service call in your suite we will place a customer service tag on your suite door in advance requesting access. Please ensure you mark the appropriate box on the tag and sign it. We cannot enter your unit without written consent.
After we complete a service call we will leave a service note advising the status of the repair. If you are not satisfied with work we believe is completed, please advise our customer service team in writing within seven (7) days, otherwise we will assume that it is fine.
Only Tarion’s 30-Day and Year-End Forms are official statutory forms. If you have a warranty issue it is your responsibility to submit these forms to Tarion on time.
Tarion’s warranty guidelines are clear and it is your responsibility to understand them. Please ensure you have read the Tarion Homeowner Information Package which was provided to you electronically prior to your PDI. You can also view or download it from Tarion.com/HomeownerInformationPackage.
E.1 CUSTOMER SERVICE OVERVIEW
We are committed to providing you with an excellent new-home product. While our aim is for you to have a deficiency-free experience with us, we know that this will not always be the case. The role of our Customer Service Program is therefore to ensure that we provide you with a timely and thorough response to any issues or concerns you may have pertaining to workmanship or materials in your unit.
Our goal is to address deficiency items noted on your original Pre-Delivery Inspection prior to your move-in. Once you have moved in, it is our policy to deal with urgent items (such as water leaks or electrical issues) immediately. Other warrantable deficiencies will be addressed within a reasonable time period as defined Tarion. Items that are of a cosmetic nature only or items not identified during the PDI or the 30-Day Form may not be accepted as warrantable concerns. Please refer to Tarion’s construction performance guidelines available to view or download on Tarion’s website.
E.2.1 Pre-Delivery Inspection (PDI)
Before moving in you will have a Pre-Delivery Inspection of your unit. At this inspection one of our Customer Service Representatives will inspect your unit with you to note any deficiencies and go over certain features and functions that you need to know. You will also at this time receive your Tarion Certificate of Completion and Possession. Your possession date will be noted on the form as the date on which you take Interim Occupancy of your unit.
E.2.2 30-Day Inspection
Approximately three to four weeks after you move in you may request a meeting with one of our Customer Service Representatives to conduct a 30-Day Inspection. At this inspection you will hopefully sign off on any remaining deficiencies, which by this time should have been remedied. If you do not wish to have a 30-Day Inspection, please notify us either by email or in person at the Customer Service Office (see below).
After you move in, you may notice certain deficiencies that were not identified during your PDI. Within reason we will gladly rectify these deficiencies. Please do not raise these additional deficiencies, if any, with our on-site personnel. Instead, please make a note of them and they will be reviewed during your 30-Day Inspection.
In the event that there are deficiencies that cannot wait for the 30-Day Inspection, such as appliances that are not properly functioning or leaking bathroom fixtures, please contact Customer Service immediately.
E.3 PROCEDURE FOR SERVICE WORK AFTER MOVE-IN
E.3.1 Customer Service Representative
To ensure that we are able to properly serve you, we have set up a customer service line. The customer service team can be contacted should you require updates on the status of your Tarion deficiency repair, or have comments or concerns about the work being done.
Customer Service Office
E.3.2 All Correspondence to be in Writing
For both your benefit and ours, we ask that all correspondence, requests, concerns and submissions regarding service, whether warrantable or not, be in writing. All such correspondence must be sent by email or by written note to the on site Customer Service Office.
E.3.3 Scheduling Service Calls
On receipt of your PDI Form, 30-Day Form or One Year Form, or a written request or concern, we will make every effort to schedule a convenient time for service work. However, precise time frames are often difficult to gauge when there are multiple trades involved, and we would appreciate your understanding and cooperation if we are late for an appointment with you.
Please be aware that all trades working in your suite will be accompanied by either a security guard or customer service staff member. This will ensure any work conducted in your suite if properly recorded assuring the security and privacy of your home.
E.3.4 Service Notice
The Tarion Warranty Program requires us to address warrantable issues within a prescribed period of time. During this period it is important that you provide us and our trades with access to your unit.
In order to schedule a service appointment, one of our Customer Service Representatives will place a service notice tag on your suite door handle informing you of the service date and trade(s) requiring access to your home. Please ensure you mark the appropriate box on the tag and sign it. This confirms that we have permission to enter your suite and escort the trade or serviceperson to perform the necessary service work. If the tag is not signed and you have not provided permission we will not enter your unit to perform the necessary work.
Tarion Requirements to Provide Access to your Unit
“When necessary work is required, be sure to give your builder and their trades people access to your home during normal business hours, at a time mutually agreed upon in advance. Failure to do so will jeopardize your statutory warranty rights.”
A service card or notice will be left in your suite after each service call advising you as to who was in your home and of the nature of the service work performed. The work will be noted as either Completed or Incomplete or the service person may need to Order Material. If you have questions or concerns regarding the service work or you find that the work performed was unsatisfactory, please notify Customer Service in writing within seven (7) days. If notice is not received, the service work performed will be deemed satisfactory and complete and no further action will be taken.
E.3.5 Statutory Warranty Forms (30 Day and Year-End Submissions)
During your Pre-Delivery Inspection, you will identify any damaged, incomplete, or missing items. All such items should be included on the PDI Form.
The PDI Form is not the same as a Statutory Warranty Form, such as the 30-Day or Year-End Form. It is simply a formal record of your new home’s condition before you moved in and it will be used by Tarion as a reference for assessing future statutory warranty claims. You must use a Statutory Warranty Form to initiate the statutory warranty process. If you find that any of the items listed on the PDI Form have not been repaired or otherwise resolved, you should list them on the 30 Day Form.
To easily manage your warranty online, register on MyHome which is found on Tarion’s main page: tarion.com.
The simplest and most convenient way to submit warranty forms to Tarion is the homeowner portal called MyHome.
Use the 30-Day Form to notify Tarion and us of outstanding warranty items during the first 30 days of possession of your new home.
On this Form, you may include items that were listed on your PDI Form that have not been addressed, as well as new items that you have discovered since taking possession of your home. Tarion will only accept and act on the first 30-Day Form that is submitted on time, and only one 30-Day Form may be submitted. If Tarion does not receive a 30-Day Form from you on time, then you will have to wait until the last 30 days of the first year of possession of your home to notify Tarion of outstanding warranty items. Be sure to also forward a copy of the 30-Day Form to customer service by email at customerservice@Smart Housecondos.com
Use the Year-End Form to notify Tarion and us of outstanding warranty items during the last 30 days of the first year of possession of your new home.
You may submit only one Year-End Form. Tarion will only accept and act on the first Year-End Form that has been properly submitted on time. Be sure to also forward us a copy of the Year-End Form.
E.3.6 Common Element Issues
If you experience or see a common element problem or deficiency you should write to your Board of Directors via the Property Manager with a copy to us. This will ensure a coordinated approach to resolve these issues.
E.4 CONSTRUCTION PERFORMANCE GUIDELINES
The Construction Performance Guidelines for the Ontario Home Building Industry (CPG) is used by us and Tarion when determining whether or not a condition is covered by the statutory warranty. The purpose of the CPG is not to set new standards but to provide advance information as to how Tarion will resolve an issue between a builder and homeowner about defects in work or materials.
The CPG provides objective and uniform criteria that set out the minimum performance required in the construction of new homes in Ontario. They relate to work and material deficiencies and complement the Ontario Building Code (where a guideline is not consistent with a provision of the Ontario Building Code, the Code will prevail). The CPG is designed to be supplemented by any applicable guidelines or standards produced by industry associations. They do not replace manufacturer warranties.
The Construction Performance Guidelines should be interpreted with common sense. They deal only with the most frequent and typical items of concern to homeowners. The CPG describe the minimum acceptable performance or condition that homeowners should expect and builders must meet to satisfy the requirements of the warranties described in the Ontario New Home Warranties Plan Act.
To download a copy of the Construction Performance Guidelines visit tarion.com and click on “Warranty Protection”
F.1 MINIMUM SERVICE REQUIREMENTS MANDATED BY TARION
Your new home is registered with the Tarion Warranty Corporation. Every new home in Ontario comes with specific warranty coverage provided by the Builder and backed by Tarion. This coverage, up to $300,000 per home, begins on your Date of Possession and remains in effect even if you sell your home before the warranty expires.
Tarion was created in 1976 to administer the Ontario New Home Warranties Plan Act that protects new home buyers in Ontario. This law requires every home builder to be licensed and to provide specific warranty coverage with every new home.
Tarion maintains a fund that is used to ensure your warranty is honoured. It also sets minimum customer service requirements that have important benefits for you as a new home buyer:
Your builder must provide you with access to download a copy of Tarion’s Homeowner Information Package at or before the Pre-Delivery Inspection (PDI) of your new home.
Your builder is required to guide you through a PDI of your completed home to assess its condition before you take possession.
You have a right to complete a Statutory Warranty Form and submit it to Tarion if you are unsatisfied with a warrantable item in your unit.
After you submit a Statutory Warranty Form, you have the right to have the warrantable item repaired or the issue resolved within a specific period of time. If an item is not resolved within that time, then you have 30 days in which to contact Tarion to request a conciliation.
The process to deal with deficiencies and warrantable items is detailed in Section E above.
Most issues related to the Statutory Warranty are resolved between builders and owners without the intervention of Tarion. When necessary, Tarion will assist homeowners and builders in interpreting the scope of its warranties. More information on the Tarion Warranty can be found in your Tarion Homeowners Information Package which should be downloaded at tarion.com/HomeownerInformationPackage.
F.2 THE ONE YEAR WARRANTY
The one year warranty coverage begins on the date you take possession of your unit and ends on the day before the first anniversary of this date. For example, if your home’s date of possession is April 1, 2016, the one year warranty begins on April 1, 2016 and ends on March 31, 2017.
The one year warranty provided by the Builder and backed by Tarion:
Requires that your home is constructed in a workman-like manner and free from defects in material;
Ensures your home is fit for habitation;
Protects your home against Ontario Building Code violations;
Ensures your home is free of major structural defects.
Knowing what the one year warranty does not cover in your suite is just as important as knowing what is does cover. The following are some examples of what is and is not warrantable:
FIRST YEAR WARRANTY – WHAT’S COVERED AND NOT COVERED
F.3 THE TWO YEAR WARRANTY
The two year warranty provided by the Builder and backed by Tarion covers:
Water penetration through the basement of a foundation wall;
Defects in material (including common element windows, doors and caulking), or defects in work that result in water penetration into the building envelope;
Defects in work or materials in the electrical, plumbing and heating delivery and distribution systems;
Defects in work or materials which result in the detachment, displacement or deterioration of exterior cladding (such as brickwork, aluminum or vinyl siding);
Violations of the Ontario Building Code affecting health and safety (including, but not limited to, violation relating to fire safety and the structural adequacy of the home); and
Major structural defects.
F.4 THE SEVEN YEAR WARRANTY
Your unit’s seven year warranty covers major structural defects only.
F.5 EXCLUSIONS FROM YOUR STATUTORY WARRANTY
The following is excluded from Tarion’s warranties:
Damage resulting from improper maintenance, such as dampness or condensation caused by failure of the homeowner to maintain proper ventilation levels, or improper operation of a humidifier, hot tub or any other moisture-producing device.
Defects in materials, design and work that the homeowner supplied or installed.
Secondary damage caused by defects under warranty. While the defects themselves are covered, the personal or property damage they cause is not. However, homeowner insurance may cover secondary damage.
Normal wear and tear, such as scuffs and scratches to floor and wall surfaces caused by homeowners moving, decorating, and/or day-to-day use of the home.
Normal shrinkage of materials that dry out after construction.
Damage from floods, “acts of God”, wars, riots, or vandalism.
Damage from insects or rodents, unless it is the result of construction that does not meet the Ontario Building Code.
Damage caused by municipal services or other utilities.
Surface defects in work and materials noted and accepted in writing by the homeowner at the time of possession.
Damage caused by the homeowners or their visitors.
Contractual warranties which lie outside the Act.
Alterations or additions made by the homeowner.
Homes purchased from a receiver or trustee may not have warranty coverage.
We are thrilled to welcome you to your new home and want to hear from you about your experience with us. In the months ahead you will receive a questionnaire from us which will be your chance to tell us what you liked about us and what we can improve on. We look forward to hearing from you.
As well, please be sure to keep your contact information current with us. Once your building is registered the Property Manager will not notify us of any address changes on your part, so in order to ensure that you remain on our list, please notify us directly of any contact changes.
Once again, thank you and welcome.