Deck the condo halls: A reminder about holiday decorating in condominiums
By Melinda Andrews
As the holiday season approaches, many condominiums are getting ready to put up their decorations on the common elements. While this may not seem controversial to some residents, it’s actually a subject that has sparked litigation, particularly in the condominium context.
In 2021, the Human Rights Tribunal of Ontario (HRTO) was asked to weigh in on the subject in its decision in Landau v MTCC 757. The Applicant, a condominium unit owner in Toronto, claimed that certain symbols displayed by the condominium – including a tree, lights, poinsettias, a candy cane, and a Santa hat – were associated with and evocative of Christmas. The owner, a non-Christian, alleged discrimination on the basis of creed.
Ultimately, the HRTO dismissed the owner’s claim, finding that the decorations in question were not religious symbols. The assumption underlying the owner’s position was that Christmas is a religious holiday and so anything associated with Christmas must be a religious symbol. However, the Tribunal concluded that Christmas is no longer just a religious holiday. The season has, in many ways, become a secular celebration, marked in part by statutory holidays. So, decorations can be associated with Christmas without being religious symbols.
The Tribunal’s comments may seem obvious. But, in my view, this decision raises a good point at a time when conversations about inclusion are becoming increasingly important to us. We know that holiday decorations are generally permissible on the common elements. But of course this should be subject to the reasonable judgement that should always be exercised in condominium living.
For example, in the Landau case, the condominium had turned its mind to the issue of inclusivity. They had been careful to avoid overtly religious imagery when decorating for any holiday. They had also made efforts to display signs for other non-Christian holidays that were important to residents given the demographics in the building. They also indicated that they would have considered requests from residents to recognize any particular holiday, in good faith, if any such request had been submitted.
Ultimately, in most condominiums putting up holiday decorations is pretty straightforward. But one of the benefits to be celebrated about condominium living is having residents, often from varying backgrounds, living together in a shared community. So, holidays can also be an opportunity to recognize that unique diversity and build a more inclusive community in our respective condominiums.
Melinda Andrews is an Associate at Davidson Houle Allen LLP, a boutique condominium law firm serving Eastern Ontario.