Election Signs on condo balconies

[Danielinthecity]

Hi, everyone!

I was recently asked to remove a poster of my local counselor from my second floor balcony. Does anyone know if they are allowed to prevent this?

In my building the balconies are considered 'common' areas. In the letter telling me to remove it, they termed it 'advertising', which I guess it is.

However, given that it's not commercial 'advertising' for financial gain and instead relates to democratic elections, I wondered whether there should be more latitude? In other words, are my fundamental rights to participate in democracy by handing a sign on my balcony being suppressed?

If anyone has any information/guidance/etc. I would appreciate it.

Thanks!

 

[urbandreamer]

No.

Your fundamental rights are not being suppressed.

Condominium ownership is centred around rules, restrictions, and general policies I find abhorrent. Since no law states I must buy a condo, I don't!

If you want to display a sign--buy a house or other piece of exclusive use to you property!

 

[JayBee]

No.

Your fundamental rights are not being suppressed.

Condominium ownership is centred around rules, restrictions, and general policies I find abhorrent. Since no law states I must buy a condo, I don't!

If you want to display a sign--buy a house or other piece of exclusive use to you property!

Well said

 

[Danielinthecity]

Answer (Canada Elections Act)

After some research...found the answer to my question.

Election signs are clearly spelled out for Canadian federal elections under Section 322 of the Canada Elections Act:

"Election advertising posters
322. (1) No landlord or person acting on their behalf may prohibit a tenant from displaying election advertising posters on the premises to which the lease relates and no condominium corporation or any of its agents may prohibit the owner of a condominium unit from displaying election advertising posters on the premises of his or her unit.

So apparently my rights 'are' being violated IF the restriction applies to my unit. However, if you read below, you'll see that in the case of 'common' areas, the restriction is allowed.

Permitted restrictions
(2) Despite subsection (1), a landlord, person, condominium corporation or agent referred to in that subsection may set reasonable conditions relating to the size or type of election advertising posters that may be displayed on the premises and may prohibit the display of election advertising posters in common areas of the building in which the premises are found."

 

[Danielinthecity]

My own personal opinion though...I would think that to 'encourage' more democratic participation (in all it's forms...not just voting), the government would want to consider an exception to the rule during elections.

 

[JayBee]

My own personal opinion though...I would think that to 'encourage' more democratic participation (in all it's forms...not just voting), the government would want to consider an exception to the rule during elections.

If you want to express yourself via your residence, buy a house. As a condo owner, I don't want to see posters and such on balconies or windows.

 

[Danielinthecity]

No big deal

If you want to express yourself via your residence, buy a house. As a condo owner, I don't want to see posters and such on balconies or windows.

Well, I don't think once every four/five years to have a few balcony's (or more) with posters of candidates for a little over a month is a big deal. But that's the thing about condos...'shared' views make up the 'shared' areas.

By the way, in the process of researching this question, I discovered that renters living in a rental building are 'not' restricted by this law and can put signs over their balconies.

 

[BobBob]

To summarize: you're allowed to put a sign in your window, but not on your balcony because the balcony isn't yours, it's the condo corp's - you only have exclusive access to it. You could propose a vote to change this condo rule - if you convince enough of your neighbours to support it, you can make it happen. Now that's democracy!

 

[Redroom Studios]

in the end though, election signs dont really accomplish anything so why bother? I own a house (my 3rd one) and I have never posted any election signs on my property. In some ways I think that people's vote should be something they keep private, similar to religious beliefs. We are lucky to be living in a country though where you can openly express your preference without being attacked by a group from the opposing camp... well unless you count the Liberal supporters in Toronto who had their tires slashed and brake lines cut on their cars in a previous Fed. election. Bottom line is the signs are ugly and can create divisivness amongst neighbours. Forget the signs...

 

[duper]

To summarize: you're allowed to put a sign in your window, but not on your balcony because the balcony isn't yours, it's the condo corp's - you only have exclusive access to it.

Having read what he posted (re: common areas), I'm not sure if that's the case.

Say what you will about the status of the balcony, it certainly meets no reasonable definition of "common area", and thus he should be allowed to put up his election sign. I say show them the clause, and see if you can fight it.

Fight, fight, fight.

 

[Danielinthecity]

Having read what he posted (re: common areas), I'm not sure if that's the case.

Say what you will about the status of the balcony, it certainly meets no reasonable definition of "common area", and thus he should be allowed to put up his election sign. I say show them the clause, and see if you can fight it.

Fight, fight, fight.

Thanks, Duper...you have an interesting point...how can my balcony be considered a 'common' area in any reasonable sense? And how can someone be given exlusive access to an area that is defined as 'common'...it's a contradiction!

As for fighting...you see...the problem with that is that - without going into details, I'm 'not' dealing with reasonable people here. I like condo living, but if you get stuck with a board made up of the type of people that like to peer out behind the curtains to see what 'rules' us bad people are breaking, then things can be tough. If I had lots of money, I'd fight this just on principle cause I think you raised a good point. I'm so curious now how a lawyer would reconcile this apparent contradiction...this is very interesting...

 

[dt_toronto_geek]

As for fighting...you see...the problem with that is that - without going into details, I'm 'not' dealing with reasonable people here. I like condo living, but if you get stuck with a board made up of the type of people that like to peer out behind the curtains to see what 'rules' us bad people are breaking, then things can be tough. If I had lots of money, I'd fight this just on principle cause I think you raised a good point. I'm so curious now how a lawyer would reconcile this apparent contradiction...this is very interesting...

Condo rules are generally (say, 90%) pretty much the same from building to building and are put in place by the developer then enforced by the property management firm. Don't blame the Board of Directors for this, they wouldn't get involved in this type of thing until a few months after the property manager/administrator sends you a few letters and you refuse to remove a sign. Which of course would be gone by then.

 

[gristle]

Having read what he posted (re: common areas), I'm not sure if that's the case.

Say what you will about the status of the balcony, it certainly meets no reasonable definition of "common area", and thus he should be allowed to put up his election sign. I say show them the clause, and see if you can fight it.

Fight, fight, fight.

Just because you believe that a balcony is not a common area does not make it so. Balconies are typically common elements for exclusive use and thus fall within the provisions cited in law. There is nothing restricting you from putting a poster on a wall inside your suite. Most condos have rules regarding window coverings, so even hanging a poster on a window will possibly get you into trouble.

 

[Danielinthecity]

Condo rules are generally (say, 90%) pretty much the same from building to building and are put in place by the developer then enforced by the property management firm. Don't blame the Board of Directors for this, they wouldn't get involved in this type of thing until a few months after the property manager/administrator sends you a few letters and you refuse to remove a sign. Which of course would be gone by then.

Yes, you're right...the property managers are the enforcers, but in this case it's the board that sets the rules, and if you knew (or personally experienced) just some of the history in this building, you'd understand my comments. When I first moved in here, my real estate agent one day made some off-handed negative comments about the 'people running this place' with someone we bumped into in the lobby. I asked her about it, and she didn't elaborate much, except to say something to the effect that they were 'idiots'. I didn't push it and figured since I just want to live a quiet life, I should be okay. That hasn't been the case for me nor other residents I've met who've complained about the board for various things. The issues don't necessarily revolve around the management of the building per se, but more around the treatment of the residents. When I first heard others complain, my initial reaction was the same as most people, namely that the complainers 'must' be wrong, cause how could reasonable people (like the board) be so unreasonalbe. I was wrong.

Recently I met someone who asked me about my building. I asked why. They said they were going to buy here a couple years ago, but didn't b/c they had heard negative things about the board...I was not surprised by the comments, but was surprised that their reputation has even reached out to non-residents...wow! In a nutshell, the board in my building is run by 'busybodies'. But I know that can be the case in other buildings too. I guess when it comes to condo living, it really depends on the board.

I'll either stay and deal with the b.s. or buy a house (one day). I would love to buy a house, but I'm not moving to the burbs, so until I can save more money I'll just have to grin and bear it I guess.

 

[archanfel]

Yes, you're right...the property managers are the enforcers, but in this case it's the board that sets the rules, and if you knew (or personally experienced) just some of the history in this building, you'd understand my comments. When I first moved in here, my real estate agent one day made some off-handed negative comments about the 'people running this place' with someone we bumped into in the lobby. I asked her about it, and she didn't elaborate much, except to say something to the effect that they were 'idiots'. I didn't push it and figured since I just want to live a quiet life, I should be okay. That hasn't been the case for me nor other residents I've met who've complained about the board for various things. The issues don't necessarily revolve around the management of the building per se, but more around the treatment of the residents. When I first heard others complain, my initial reaction was the same as most people, namely that the complainers 'must' be wrong, cause how could reasonable people (like the board) be so unreasonalbe. I was wrong.

Recently I met someone who asked me about my building. I asked why. They said they were going to buy here a couple years ago, but didn't b/c they had heard negative things about the board...I was not surprised by the comments, but was surprised that their reputation has even reached out to non-residents...wow! In a nutshell, the board in my building is run by 'busybodies'. But I know that can be the case in other buildings too. I guess when it comes to condo living, it really depends on the board.

I'll either stay and deal with the b.s. or buy a house (one day). I would love to buy a house, but I'm not moving to the burbs, so until I can save more money I'll just have to grin and bear it I guess.

I am sorry, but wasn't your condo board elected by the residents? If you don't like the way they operate, just don't vote for them. Better yet, get elected yourself. I don't see how you have to live with it unless the majority of the residents like "idiots".