About Hayhurst Village

There is an old adage that says “it’s hard to know where you are going if you don’t know where you’ve been”. History is important to the future and inasmuch as owners come and go as do Boards and Committees, decisions are often made without an understanding of implications that could affect the future, and so, it is the history of the past that often provides a future.

The land on which the Hayhurst Condominiums are built is described as Block A and part of Block B and C, Registered Plan 1108 being more particularly designated as Part 1 on Reference Plan 2R-2614.

On or around 1972, a very large tract of land running from the corner of Hayhurst Road and Fairview, along Fairview, thence along Grand Street to the city Housing and back to Hayhurst was acquired by developers. Prior to development, the land was part of the Hayhurst Family farm, hence the name Hayhurst. The original Hayhurst home and barn fronted on Fairview Drive but both have been removed to create large building lots for homes.

The property as described above was acquired by developers Irving Burton and Louis Pantaleo, operating as Pemian Properties, in Willowdale, Ontario. The original plan of subdivision, applied for and approved by the city, included the documents required by the Act, including a Disclosure Statement which spells out that the building consists of:
a) 148 Residential units, comprised of various models of two and three bedroom units
b) 66 underground parking units
c) common elements including 225 exterior parking spaces, (which is actually three spaces over the requirement 148 x 1.5 = 222)
The declarant will provide the following other amenities for the exclusive use of the owners of the Residential Units:

(i) intercom service
(ii) exercise room with men’s and women’s saunas, showers and change rooms
(iii) party room

Because the above is part of the Disclosure Statement they must remain permanent to the Common Elements, or if the owners want to change that, then the rules under Section 98 of the Act prevail. It’s not an easy process to change those things and that’s as it should be so that owners can be secure in the knowledge that their investment is protected and changes cannot occur at the whim of anyone on a Board or the whim of an owner. It must be remembered that ‘common elements’ are part of what every owner owns. As a matter of interest, the old intercom was a two way system with each unit having a speaker in the wall near the front closet of each unit. That original system was replaced with the current Enterphone system many years ago and most of the old in-unit speakers have been removed as suites have been remodeled. It should be known also that the municipality determines and specifies the number of visitor parking spaces based on the number of units and cannot be reduced below that number. Also noted is that the ‘laundry room’ in the basement was not part of the original Disclosure document and was actually installed by the Management Company in control in those early years, and so any changes/alterations/removal of that space does not come under the Section 98 rules. In fact, there was no laundry room in the original build. The laundry room was, presumably, introduced long ago because most of the tenants were for many years ‘renters’, even although each unit had its own
in-suite laundry area.

Having acquired the necessary approvals, the overall plan was to build condominiums in several phases on the entire tract; however, only the first and second phases were completed. The architect for the project was Thomas P. Kalman, a well-known firm who had designed for such major developers as Tridel. Thomas P. Kalman designed such notable buildings as One Park Lane, Chestnut Place Condos in Toronto, and several Best Western Hotels. The firm was located in Toronto. The overall design of this condominium falls into the ‘mid-century modern’ esthetic and a conversation with a retired employee confirms that Kalman was influenced by the work of famous architect Mies Van der Rohe. It’s important to note that even the globe light standards at the entrance to the site were custom made for the landscape design in keeping with the mid century modern theme. Hayhurst was one of the last architectures designed by Kalman, and research has confirmed that Mr. Kalman, in designing this complex, made the design of this property in keeping with Mies Van der Rohe’s design esthetic.

It was about two years after the property was acquired that the original designs for the complex were completed on or around July 1974, and the building commenced with contractors out of Toronto. It should be noted at this point that requirements in the greater Toronto area were much more stringent and advanced than building in the Brantford municipality, and so Hayhurst was actually built using much more advanced building systems than were in practice locally at that time….and that is a plus for Hayhurst.

In the early 70’s, condominium ownership was just beginning to grow and although it was growing like wildfire in larger municipalities like the Greater Toronto Area, the idea did not catch on quite as quickly in smaller towns and cities. The Hayhurst units were designed specifically to appeal to younger career people and couples with no children….a huge market in large metropolitan areas but not a very large market in Brantford. A couple could still purchase a single family property at about the same cost as a condominium during the early 70’s. The Hayhurst units were heavily advertised and came complete with a stove and fridge at from $27,000 to $29,000 all in. While that seems nothing today, it was actually about the going rate for a modest single family detached home at the time.

The second phase was completed immediately after phase one. (Phase one is that part of the building to the left of the lobby and the front entrance, and phase two begins at the back door just off to the right of the lobby.) There is a slight hump in the floor where phase two begins.

Initially, potential buyers were able to view several completely furnished units, and were provided with a very professional presentation package including site plans, Disclosure Statements, and maps of all apartment layouts. The units did not sell well, and so upon completion of Phase II, the remainder of the tract was severed and sold by the original developers to Calbecks for a large supermarket. Shoppers Drug Mart uses about ½ of the original supermarket and the remainder has been remodeled for the St. Leonard Society. The loading docks at the back of Shoppers are the original loading docks used by Calbecks. There was, at one time, a gas bar on the corner strip mall. It was removed some years ago.

The legislation which governed condominiums prior to 1980 was rewritten and eventually enacted and was called Condominium Act R.S.O. 1980 as amended and while the current Act contains many of the earlier Act’s sections, the old 1980 Act was once again completely rewritten and proposed in 1998 but was not passed into legislation until May 2001.

The current Act has recently been amended and includes a new piece of legislation, Bill 106 Protecting Condominium Owners Act, 2015 along with the Condominium Management Services Act, 2015 and together with the newly formed Condominium Authority of Ontario (CAO), and several new regulations will provide condominium owners with even greater protections than in the past.

In the 70’s before a condominium could be officially ‘registered’, the declarant had to have sold a percentage of units. That magic number was never reached at Hayhurst and so the units were rented out by the developers and the building simply operated as a multi-unit apartment building.

The mortgages on the development were held by National Trust in Toronto, as a multi-unit apartment complex, even although the original plan of subdivision was for condos. In February 1987, the original declarants, Mr. Pantaleo and Mr. Burton reached an agreement with National Trust to ‘sell’ the complex to a group of investors and so those investors finalized the contract to ‘buy’ Hayhurst in June, 1987.

At that time, there was an Ontario government Tax based housing program in place to attract funds from private individuals to finance multi-unit housing. The program in place would allow high earning people to invest in/buy multi-family dwellings and thus receive huge tax credits for so doing. The program’s goal was to increase the number of rental units available in a municipality. They were often referred to as M.U.R.B.’s (Multi Unit Residential Buildings.) As an example, a high earning surgeon or investor wishing to find a way to pay less income tax made an investment in a multi-unit residential building and it would yield a large loss for tax purposes, even if there had been a profit (net rental income) under standard accounting rules. This loss could be deducted against the surgeon’s professional income thus reducing taxes payable. Syndicates sold ‘partnerships’ in MURB’s. This information is included in the history of Hayhurst inasmuch as it is believed the government program was used to enhance investment in the property, by the ‘new’ owners. The Government tax incentive program was eventually retired.

It is believed the ‘new’ owners sold units to a number of other ‘investors’ in order to take advantage of the existing tax based program. Eventually, there were enough ‘owners’ on title to register the building as an Ontario Condominium and the ‘conversion to Condos’ was carried out in 1997 using the original Disclosure Statement as developed by Mr. Pantaleo and Mr. Burton. (NB – at that time, people who were renting a unit were given the first right of refusal to purchase the unit, or move out, if/when the unit was sold. Some did purchase.) It was that disclosure statement that is translated into the Declaration and stands as the formal document that spells out the Rules and Regulations. The original documents, including a Management Contract spelled out also that a company known as Datile Management in Toronto would manage the building, under a separate contract with the newly formed Condominium Corporation, B.C.C. #21. Datile Management also had separate agreements with ‘investors’ who owned a unit. Datile referred to that activity as managing The Rental Pool. Datile kept the units painted, took care of renting them out, made minor repairs, etc. on behalf of the ‘investors’ and of course took care of the accounting for that activity, for a percentage fee of course. As well, and at the same time, Datile was being paid by B.C.C. #21 to manage the property on behalf of the Condominium Corporation. The property is currently managed by Wilson Blanchard Property Mgmt. Co. operating out of Cambridge, Ontario.

Over the years, The Board of BCC#21 has developed clearly spelled out policies and procedures covering the annual and day to day operations of the Corporation.

There have been situations over the past many years that are worth noting in any history. Certainly the replacement of the underground roof membrane was a major undertaking. A soft water system was installed in or around 1997; however, after several years in operation and through a ‘stress’ break in the plumbing, the Corporation sustained a massive flood which ruined much of the ‘common area’. It took some time to work through all that; however, in the final analysis, it all worked out for the best. The Corporation was well insured and the outcome of all the repairs, including much common area redecoration was completed.

As well, such major happenings include replacement of the huge air intake/air exchange units on the roof, the replacement of the hot water boilers on the roof, and repair of the showers in the sauna room, and the list goes on.

The Board initiated a detailed and long term project (designed by a professional Landscape Architect in concert with a certified Arborist) to provide and maintain the outdoor landscaping and amenities. There have been improvements to the lobby with raised panels, unit door trim and paint, and recently, complete replacement of all windows and patio doors, and installation of a sophisticated key fob entrance security system…..and the work continues.

The year 2022 marked the 50th anniversary of this building, and we celebrated that anniversary knowing that this Corporation is now perceived as one of the best condos in the Brantford area.

A very long time ago, one of the then Board’s goals was to make Hayhurst the ‘home of choice’. That, of course, is an ongoing goal and one that the current Board, and management continues to work on.

Finally, and in conclusion, people get tired and burn out, people move and others take their places. Sometime things slide and it doesn’t take very long before lack of knowledge, little will, and lack of attention to obligations and long term planning, and cracks begin to show. Owners of condominiums should make every effort to learn and understand the documents of their condo, and should try and take an active interest to protect their investment. It is after all, your personal home and it must be respected as such.

Over the last forty years of Condo living and learning, the legislation has improved, people are somewhat more familiar with Condo Rules, and more and more people have educated themselves about Boards and Condos; however, it cannot be stressed too much that it is everyone’s responsibility to stay abreast of responsible home ownership and responsible management in order to assure that each and every Condominium Corporation operates within the legislation. You are entitled to enjoyment of your home, and you are required to adhere to and respect the Rules and Regulations, and all Condo Board members in Ontario are required to act with due diligence and must adhere to the Act, the Declaration and the Rules and must enforce those documents without prejudice.

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Researched and Written by
Kay Boyd, Unit 110