Told to take down a flag that failed to comply with a by-law

March 14, 2019 — A Canadian flag is causing some turmoil within a condominium community located in Carligwood Mall (Ottawa). Because the flag (which was Installed over a co-owner’s garage door) appears to go against a by-law included in the declaration of co-ownership, the board of directors demands that it be taken down.

The owner of the flag, Major Michael Mitchell, does not intend to obey such a request. Quite to the contrary, he maintains that one is perfectly justified to display a Canadian flag as a sign of nationalism. In fact, it would seem that the flag proudly waved for eight months before the board of directors raised the issue with Mr. Mitchell.

An arbitrary measure?

Although Mr. Mitchell admitted that, if he had known about the by-law, he would not have installed his flag in its current place, it would seem that the rule is not applied in a standard fashion within the community.

In fact, Mr. Mitchell’s wife, who recently took a stroll down a few neighboring streets, noted that the front of at least 30 properties owned by fellow co-owners displayed decorations and other objects. Mr. Mitchell firmly intends to attend the next board meeting in order to discuss the issue.

If need be, Mr. Mitchell plans on installing a flagpole on his front lawn, since, in his opinion, the board of directors could in no way prevent him from doing so. Given the fact that the rule of thumb is to keep all properties as clean and as homogenous as possible, he can hardly see how a Canadian flag could offend anybody.

In the province of Québec, most declarations of co-ownership forbid the use of clotheslines, and several will make it unlawful to install a barbecue on a front balcony.  To learn more about the rules imposed by declarations of co-ownership, please consult the fact sheet entitled “Enforcing a declaration of co-ownership”.

Montréal, March 14, 2019

Source : Radio-Canada