Life in Condominiums: Navigating Winter Maintenance Contracts -Mitigating Costs and Managing Risks

Winter in Ontario presents a unique set of challenges for life in condominiums, particularly in managing snow removal contracts. The unpredictability of weather conditions often results in uncertainty surrounding cost estimations -we all know snow is going to fall, but just how much is often harder to guess.

Condo finances are also not an easy thing to manage, relying in future cost estimations is, most of the time, the only thing we can do since the yearly budget is prepared in advance of the season and before all costs are established. Nonetheless, there is a big difference between estimating based on past experiences and facts, that to just simply guessing and praying that those guesses will pay off.

A snow removal contract serves as a legally binding agreement between snow removal contractors and the condominium, outlining the terms of the relationship and safeguarding both parties from potential disputes. If done correctly, they establish clear expectations for both parties by specifying service offerings, payment terms, and providing an estimated total cost for such services.

With this guide we aim to equip your condominium corporation with proper contractual conditions that will take the stress out of that guess and make life in condominiums much easier. For a summer contract tips, go check out or blog on summer landscaping contracts.

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Life in Condominiums: Mitigating Snow Removal Contract's Costs and Managing Risks

Hidden Costs in Snow Removal Contracts

The same way there might be hidden dangers on the road after a night of heavy snowfall before the plougher clears the way, snow removal contracts may have hidden extra charges that, if applicable, can make the difference between staying within budget or having to take money allocated to other budgets in order to make ends meet. 

Snow removal contracts typically stipulate removal up to a certain snow height (in centimeters or inches). Those are the type of clauses you should look out for. What is often overlooked in these clauses is that, passing the stipulated height will have additional charges (per centimeters or inches). These extra charges can significantly impact budgets if not accounted for from the beginning.

To mitigate these unforeseen costs, consider negotiating contracts with your snow removal contractors that allow payments in installments. Another alternative is to communicate to all board members and unit owners that, in case overages occur, other budget allocations will be adjusted to accommodate said overages and establish before hand which budget will be used for said purpose.

Additionally, clarifying and setting limits to these additional fees with the contractor before finalizing the agreement is crucial to prevent surprises later on.

Understanding Snow Removal Contract Particularities 

A critical aspect of winter maintenance contracts is the inclusion of clauses related to weather conditions. Specifically, contracts often mention rain or freezing rain, which could trigger additional charges or alter snow removal responsibilities.

Luckily, if this is not your condo’s first year or life, you most likely already know what type of weather conditions to expect this winter and what work needs to be done in order to keep your condominium premises safe and clear.

Winter is not a season, it's an occupation — Sinclair Lewis

Taking advantage of previous year’s experiences, make sure that your snow removal contract includes all potential works your condo might need. Listing the types of tasks and indicating when to perform each of them will significantly reduce the chances of misunderstanding between your condo corporation and the independent contractor. As an example, these are some of the jobs a snow removal contract should consider:

• Snow blowing 🌬️

• Snow plowing 🚜

• Shoveling 💪

• Snow removal 🌨️

• Ice removal ❄️

• Salting 🧂

• Sanding 🏖️

It's essential to meticulously review the contract terms, paying close attention to clauses that mention precipitation. To avoid being charged for the removal of rain or freezing rain when temperatures are above a certain threshold (since it will melt on it’s own), specify this clearly in your contract. 

By indicating clearly what types of precipitation and under what climate conditions should your contractor proceed to clean your condominium’s facilities, you will ensure that only relevant snowfall and freezing rain will contribute to the snow removal limits set in the contract. 

The equipment that will be used to perform said task is also something that can be specified in the contract. For example, you can specify whether environmentally-friendly de-icing agents will be utilized and ensure compliance with any relevant regulations. Including provisions for emergency situations, such as heavy snowfall or ice storms is also recommended. Clearly define the procedures for handling urgent requests and communicate the expected response times during such events.

Renegotiating Winter Maintenance Contracts

When approaching contract renegotiations, consider the advantages and drawbacks of different contract types:

• Blanket price contracts offer a fixed price regardless of the amount of snowfall, providing financial predictability. In case of heavy snowfall you will have made the right choice since you will get your money’s worth of shoveled snow.

• Capped quantities contracts set a limit on the amount of snow removal covered, potentially resulting in additional charges for excess snowfall, but cheaper in case we have a warmer winter.

To effectively negotiate, calculate the percentage of freezing rain that falls in a typical month and compare it against the contractual terms. This evaluation ensures that the contractor's performance aligns with the agreed-upon terms and helps avoid unnecessary costs or disputes. While maintaining clarity and specificity in the contract terms, be open to reasonable adjustments based on the unique needs of the property. Flexibility can foster a positive and collaborative long-term relationship.

Liability for Slip and Fall Claims

Winter weather increases the risk of slip and fall incidents on condo properties, raising concerns about liability. Understanding the time limitations for filing slip and fall claims against the condominium is crucial. In Ontario, this limitation period is typically 60 days from the date of the incident.

In order to protect everyone's life, condominiums should be proactive in addressing potential hazards on their properties during winter to mitigate the risk of slip and fall incidents. This includes timely snow removal, salting walkways, and maintaining safe conditions to reduce liability exposure.

If you want to know more about potential damage liabilities and how to protect your condo against this type of claims, check out this blog where we dig deep into the subject.

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Winter maintenance contracts for condominiums demand careful attention to detail and strategic negotiation. From hidden costs and contractual nuances to liability considerations, a comprehensive understanding of these aspects is paramount to effectively managing risks and controlling costs associated with snow removal in Ontario's condominiums.

-Stratastic Inc.

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