'I'm not a troublemaker': Condo board orders resident to remove Canadian flags from balcony

Yahoo

5 days ago

A senior in Calgary's southeast is left wondering why his condo board is no longer allowing him to display Canadian flags on his property.
Jim McLeman, 78, is the retired owner of a 14th-floor suite in The Lookout, located at 801 2nd Avenue S.W.
Despite displaying Canadian flags outside of his property for around two decades, he was surprised to recently learn his condo board has a bylaw with a zero-tolerance policy for flags.
'Basically, I'm breaking the bylaws and they're giving me until June 26 to remove it,' McLeman said.
As of June 27, McLeman remains in his home and the flag still stands on his balcony.
The flag flap comes as Canada Day, the celebration embracing the country's colours and flag, approaches.
McLeman bought the property back in 1998 and moved in after the building was constructed in 2000. Every summer, he would proudly display a few of his Canadian flags.
Originally, he had three on display. Now, he only has a single flag situated on the corner of his patio.
The three-by-five-foot Canadian flag is attached to a broom handle, which is secured to a post.
After receiving an email notifying him of the bylaw violation, he searched for answers as to why this was suddenly an issue.
'They haven't said what the penalty would be,' he said. 'They just said I was violating the board of condos' bylaws.'
It indicated an anonymous individual brought the issue to the board's attention, and that their bylaws prohibit the display of flags since it can face challenges if it allows one but not another.
When contacted by Postmedia, the property manager responsible for The Lookout stated they would not discuss the company's policy with a third party, or provide a reason why the flag was not permitted.
An annual general meeting for condo owners and tenants was held June 19, but McLeman couldn't attend as his wife suffers from end-stage Parkinson's.
Additionally, he would have been unable to address the issue there as unit-specific issues or disputes are addressed outside of the meeting.
'I thought that this could've been brought up with owners at the meeting, but I guess they feel it's not the time or place,' he said.
As an immigrant from the extreme northern end of Scotland, McLeman said he's proud to display the Canadian flag outside of his property.
'I came here back in '67, I was just a 20-year-old kid,' he said. 'I'm proud to be a Canadian. I'm told I cannot fly my country's flag, and I cannot believe it.'
As a symbol that some have died for, McLeman is shocked he's being told to remove it.
'I'm not a troublemaker, nobody's said anything about it or told me I can't do that,' he said. 'But if there was a good reason, nobody has given me anything.'
Erin Berney, a partner with Field Law in Edmonton, said condo boards have the authority to pass bylaws pursuant to the Condominium Property Act in Alberta.
'So, when you think bylaws, think almost like regulations,' Berney said. 'That's how they're treated, interpreted, and that's how they're enforced by the courts. The Condominium Property Act actually gives the (condo) board the authority and the mandate to enforce their bylaws for their particular condo corporation.'
Since each condo corporation is unique, bylaws vary from one property to the next.
Regardless, Berney said prohibitions on flying flags or hanging flags and signs in windows are fairly common bylaw prohibitions.
In the end, it all goes back to the condominium's bylaws.
'Does the board give any discretion at all to allow the owner to fly a flag or post a flag somewhere, anywhere?' Berney said. 'If it doesn't give the board any discretion, then there's not much he can do.
'That said, if there is discretion under the bylaws, then we want to look at whether the board has been exercising that reasonably and consistently with its past decisions on similar issues.'
Although the National Flag Act of Canada exists, it's not very mandating.
'All it says really is that individuals who are in control of apartment buildings or condominium buildings should be encouraged to allow the national flag of Canada to be displayed,' she said.
'I could conceivably see somebody, an owner or a resident in a condo trying to invoke this legislation to challenge a condo bylaw, prohibiting flags from being displayed.
'I'm just not sure if it would succeed, given that this legislation just encourages. It doesn't mandate anybody to do anything.'