Long list of rules pits Mississauga neighbours against townhouse board

A couple in Mississauga, Ontario, is currently embroiled in a dispute with the board of directors of their townhouse complex, which has implemented strict new rules that some residents believe are unnecessary. The complex, located at 3050 Orleans Rd., in the Winston Churchill Boulevard-Dundas Street neighbourhood, is home to approximately 140 homeowners.

The conflict began in 2022 when new members joined the board of directors and issued an updated set of regulations that residents must adhere to. While it is common for condos and townhouse complexes to have rules, the list at Orleans Road grew significantly from about 30 regulations in 2010 to over 70 in 2022. Some of the new rules include restrictions on painting fences, limitations on pet ownership, and bans on certain plants in residents’ gardens.

Janet Kitson, a long-time resident of the complex, expressed frustration and stress over the new rules, stating, “It’s frustrating. It’s stressful. It’s almost like dog eat dog.” Another resident, Georgena Bowles, shared her surprise when her garage door was painted without her permission at the request of the board.

In response to the new rules, Kitson circulated a petition among her neighbors requesting a review of the regulations by the complex’s membership. However, the board responded by issuing another set of rules in 2023, which included a ban on gazebos. Kitson, who has had a gazebo in her backyard for 20 years, felt targeted by the new rule and expressed a desire to be left alone.

The gazebo ban was approved in a January 2024 membership vote, with 55 out of 141 homeowners participating. The disputes between Kitson and her allies and the board and its supporters have divided the complex and strained relationships among residents.

Mona Usajewicz, a board member, declined to comment on the situation, directing inquiries to Chris Poland, a vice-president at Malvern Condominium Property Management. Poland stated that the new rules were lawfully enacted through a majority vote by homeowners and are now being enforced.

According to Audrey Loeb, a condo law expert, residents living in townhouse complexes or condos must understand that individual preferences may be overridden by community interests. While condo boards have the authority to create rules, these rules must be reasonable. Residents who believe a rule is unreasonable can seek recourse through the Condominium Authority Tribunal or the Ontario Superior Court.

In Kitson’s case, Loeb agreed that the board cannot impose new restrictions on existing amenities like gazebos. The best course of action would be for the board to allow the gazebo to remain until Kitson sells her home. Other homeowners in the complex also voiced concerns about heavy-handed enforcement of rules and arbitrary decisions made by the board.

Georgena Bowles highlighted instances where the board installed a sprinkler outside her home without her consent and had her garage door painted without a vote. Loeb emphasized that residents have the power to challenge onerous rules by calling a meeting and seeking majority support for rule changes.

Ultimately, Loeb advised prospective buyers to thoroughly review building or complex rules before moving in to avoid conflicts. While boards typically do not implement unreasonable rules, it is essential for residents to be aware of their rights and responsibilities within a condo or townhouse community.