Canada Day Strata Alert – Displaying Flags and Decorations in Stratas
Alex J. Chang, Associate
Phone: 604-685-1255
Email: ajc@lmlaw.ca
As we get closer to Canada Day, we start seeing the Canadian flag decorations everywhere including in some stratas.
However, occupants of strata should be aware of their strata corporations Bylaws and Rules regarding the decorations and flags before displaying the maple leaf.
In BC there are no restrictions in the Strata Property Act regarding the limitations a strata corporation can put on such decorations in its Bylaws or Rules. The federal National Flag of Canada Act provides that a strata corporation is “encouraged” to allow the Canadian flag to be displayed but that is not enough to prevent a strata from banning the maple leaf if it wants to in its Bylaws.
A strata Bylaw must be passed by a ¾ majority vote at a general meeting and can regulate or restrict decorations on common property and in a strata lot. It is not atypical to see bylaws prohibiting or restricting decorations that are visible outside the building or preventing owners from installing flag poles.
A strata Rule may be passed by the strata council and is enforceable until the strata fails to ratify it by a majority vote at its next general meeting. A Rule cannot be applied to decorations inside a strata lot but can create similar restrictions to those under a Bylaw with respect to displaying flags or decorations on common property. Since many balconies and decks are limited common property, the Rules may apply to those spaces as well.
These restrictions can also apply to non-seasonal decorations. For example, as a die-hard Toronto Raptors fan this author may have been inclined to proudly display a ‘We The North’ flag from his condo in celebration of their recent NBA Championship but as a strata lawyer he also knows that may not be allowed under the Bylaws, notwithstanding how morally repugnant such a restriction might be in the circumstances.
The point is, before you get caught up in the spirit of a holiday or other special event by putting up flags or decorations for everyone outside your strata to see, consult your strata’s Bylaws and Rules.
WHAT WE DO: Lesperance Mendes has been advising strata corporation and strata owners on bylaw enforcement issues since 1997 for more information on how we can assist you in a bylaw enforcement matter, contact Paul G Mendes, Partner at 604-685-4894 or by email at pgm@lmlaw.ca or Alex J. Chang at 604-685-1255 at ajc@lmlaw.ca.
THIS ARTICLE IS NOT LEGAL ADVICE: This article provides general information and should not be relied on without independent legal advice with respect to the specific facts of your case.