BACKGROUND OF CONS

In February 2007, a smoldering fire developed in a condo’s chimney from the furnace in the basement. After the fire was extinguished and the Fire Investigator started his investigation it was discovered that the chimney and its surrounds did not match with the approved specifications. When asked how this would have passed inspection the Investigator’s comment was, “What inspection?” This was the first step in the formation of CONS. The fact that there were no independent inspections during the process of condo construction was a surprise to all of us. Yet, that is the reality when multi-unit residential buildings (condos and apartments) are built. It is left to the builder/developer to insure that the building is built to specifications.  In the same building, two months later, there was extensive flooding from a top floor unit.  Upon investigation it was found that during construction a nail had punctured a water pipe behind a baseboard. During the intervening two year period water had slowly leaked from one wall to adjoining walls.  Shortly thereafter, another unit in the same building experienced a similar problem.  However, this time it was found that water was entering the unit through an outside wall.  A result of this second occurrence of a unit experiencing water leaks it was decided to inspect the entire building for water penetration.  Of the 63 units in the building 61 were found to have some form of water penetration.  In addition four units had high mould content.

The following June, a group of condo representatives met to discuss problems that were experienced in condominium buildings   What was found that although there were some unique problems, there was one common problem, which was water infiltration. It was subsequently discovered that many other condos were having problems with poor workmanship, as follows:

·        Balcony doors not properly installed leading to leaks in units

·        Light fixtures not properly waterproofed

·        Angle irons above windows slanting inwards, thus directing water inside the unit

·        Same building – angle irons cut too short allowing water ingress

• Vapour barrier not secured to back of brick, allowing water to run down into units
• Windows without flashing around them.
• In many instances on the outside of a building the vapour barrier (Tyvek) was either missing or ripped, allowing the elements entry into the building.

At that meeting the group identified two major problems that needed to be addressed.  One was the need to improve the quality of construction practices and the second was to review and update the Condominium Act

Many condo owners did not want the subject of shoddy work to become public knowledge, which is understandable to a point, as it would affect the value of their property in the market place. However, all this would do was support and protect the developer. This had to be stopped.

In July, following the June meeting, an appointment was made to meet with Jamie Muir, Minister of Service Nova Scotia.  At that meeting the group articulated the two major concerns expressed at the June meeting. Namely, (1) to improve the quality of construction there should be frequent and unannounced inspections during the construction of a new condominium; (2) there should be longer extended warranties of at least five years; (3) that the Condominium Act should be updated to allow for easier and cheaper resolutions of disputes between boards and owners.

In August 2007, the CONS Steering Committee gave a presentation, to HRM Mayor Kelly, with their respective staffs in attendance. The recommendations were: (1) that the developer should be responsible to repair all defects caused by faulty workmanship, not for one year, but for up to 10 years; (2) that the developer posts a bond of 5% of the total cost of the building with the government for a period of five years, at which time, if there were no claims, that money, plus interest, would be returned to him. This would prevent the developer from declaring bankruptcy thus avoiding any claims against him; (3) that both levels of government work together to enforce rigorous inspection procedures. And that these inspections by conducted by Engineers/Architects independent of the government and developer, but contracted by the government to carry out the inspections on behalf of the government, not leaving it as it now stands where the developer is responsible for the inspections; (4) that all builders be licensed by the province in order to build homes and other dwellings, prior to them obtaining permission to commence building; (5) that the entire Condominium Act of Nova Scotia be overhauled so that boards have the power to enforce bylaws  without the costly process of entering into arbitration every time a by-law is infringed.

It was also felt that an education process be established for real estate agents and buyers alike so that everyone is aware of what is involved when one buys a condo.

On 14 November 2007, over 40 condo owners attended the first official meeting of CONS, where an executive was elected to ensure that the aims of CONS would be met by both levels of government across this province. In five months the interest had grown from 12 attendees at the first meeting on 20 June, to over 40 at the second meeting.

Following our July 2007 meeting with Minister Muir, he did follow through in addressing our two critical concerns.  The Government engaged Novus Consulting to do a review of the home owner protection measures that presently exist in the province and the Government also appointed a committee to review the Condominium Act.  CONS was an active participant in both reviews.

On September 26, 2008, Novus Consulting tabled their Final Report on Home Owner Protection and on September 1, 2011, the Government proclaimed the amended Condominium Act into law.  Both of those Reports addressed the key issues that lead to CONS coming into existence.  Both, the Final Home Owner Protection Report and changes to the Condominium Act can be downloaded from the Service Nova Scotia web site.