To wave the flag or not wave the flag, that is the question and one north-end Barrie man wants answers.
Kevin Bell is a tenant at 58 Lakeside Terrace, near J.C. Massie Way and Highway 400. His unit is on the fifth floor, with a balcony facing northeast, toward Highway 11. He reached out to BarrieToday about a recent situation involving his Canadian flag.
“Approximately two weeks ago, I installed a Canadian flag upon the clear glass railing of my balcony," he said. "I am a tenant in this building, subletting my unit from the current landlord."
On June 14, he says received a telephone call from his landlord after they had received an inquiry from Bayshore Property Management, which administers the building concerning the posting of the Canadian flag on his balcony.
“My land lady explained that the condominium management disapproves of flags being hung on the balconies and that I was requested to remove that item from my unit as it was deemed to be 'visually distracting' or otherwise disruptive to the esthetic of the building, as explained to me by my land lady," Bell said.
He says he believes this is in direct contravention of both the National Flag of Canada Act and the Condominium Act.
“To that end, I have sent a letter of response to my condominium management, including photographs of other balconies which display items hung from their railings, or visual barriers such as false vines attached to wooden lattice structures,” Bell said.
A representative from Bayshore Property Management told BarrieToday that this is not a company policy, but rather a note in the declaration for the condominium, saying it's a standard clause.
“The board of directors did not receive any requests from the unit owner. The board of directors has not made any amendments to the declaration or rules regarding the Canadian flag specifically,” the representative wrote in an email. “This request was not based on what was affixed to the common elements (balcony), but that attaching anything to the common elements is prohibited.”
The representative provided the following excerpts from the rules of the corporation:
— No awning, foil paper or shades shall be erected over, on or outside of the windows, balconies, terraces or patios without the prior written consent of the board.
— Any physical damage to the common elements caused by an owner or occupant, their family, guests, visitors, servants, agents or contractors shall be repaired by arrangement and under the direction of the board at the cost and expense of such owner or occupant.
“With the condominium being new, they have not had the opportunity to make any changes to the governing documents for the corporation, but will make any necessary amendments to the rules for the corporation,” said the representative.
A recent article in the Condo Adviser, supplied by the Bayshore representative, went a little deeper into the issue.
“The National Flag of Canada Act provides that: Every person who is in control of an apartment building, a condominium building or building in divided co-ownership or another multiple-residence building or a gated community is encouraged to allow the National Flag of Canada to be displayed in accordance with flag protocol," it says.
Bell says he understands the term “encouraged to allow,” but believes anyone should be allowed to fly the Canadian flag.
“It just doesn’t make sense to me. I could see if you’re putting up another country’s flag and then everyone in the building did that, it might not look appealing,” he said. “But this is the Canadian flag. We shouldn’t be told we can’t fly it.”
