Political signs must be allowed
Tony Gioventu
Times Colonist
Dear Tony:
With the federal election in the fall, our strata council, which manages more than 500 units, is discussing a plan to manage political signs and requests from candidates who want to address owners and residents.
During the last provincial election, our building hosted a successful candidates’ debate night. However, council advised owners that our rules only permitted residents to display a sign no larger than a sheet of paper in their windows. That resulted in a number of protests from residents and several complaints about everyone’s right to express their political beliefs.
Marjorie T.
Dear Marjorie:
A strata corporation cannot prohibit election signs during federal, provincial, or municipal elections that are displayed from a strata lot.
Section 228.1 of the Election Act permits a landlord, a person or a strata/condo corporation to limit the size of a sign by setting reasonable conditions. However, for a strata corporation to set conditions on a lot requires a duly ratified bylaw — by a 3Ú4 vote at a general meeting — registered in the Land Title Registry before it is enforceable.
There is a chronic misunderstanding about the purpose and the role of rules in strata corporations. Rules cannot be used in connection with the application or use of a strata lot. Their intent is use and enjoyment of common/limited common property and common amenities. For example, the hours of the pool, or use of parking and storage lockers that are designated as common property.
A strata corporation may prohibit signs, or restrict them in size or location on common property including common areas within a building. A rule is approved by council by majority vote at a council meeting, then must be ratified at the next general meeting by a majority vote to continue to be enforceable.
The strata must also inform owners and tenants of any new rules or bylaws as soon as feasible after they are passed or ratified. It is important for each strata corporation to consider the type of strata you live in, before you adopt new rules or bylaws. The limitations of a highrise building will vary greatly from a bareland strata where each strata lot is five acres. A sign no larger than a piece of letter paper is not reasonable as it cannot be seen. If it cannot be seen, it is not freedom of expression.
A reasonable limitation permitting election signs will discourage residents from attaching or posting a 4 x 8 sign on their balcony, where a sign that is up to one metre square can be easily displayed from a strata lot window and may be a reasonable solution for the duration of an election period.
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