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#19009
LANDSCAPE war goes viral at an Etobicoke townhouse RISTIC ( CBC ) 2019/11/13 15:54  
1 - An unidentified American commenter at the giant U.S. HOATalk.com Forum, is recently reported to have joked incisively as follows about the enforcement of conformity :

many shared ownership communities are HEAVEN TO LOOK AT but also HELL TO LIVE IN.

2 - A recent CBC Toronto article went viral after reporting the anguish of a pair of longtime ETOBICOKE townhouse owners owning in a quiet-looking townhouse community northwest of Islington & The Queensway.

Management has ordered them to remove allegedly non-compliant exterior landscape growth from their townhouse unit's front and rear sides. The owners claim immunity by longtime tolerance, discriminatory enforcement & non-disruption etc . . . .

Will 2 of Toronto's highest profile condo law lawyers be squaring off here IF the enforcement is not resolved ?

3 - Before CBC shut down comment, most of 156 commenters harshly criticized the management order. ( Would they have shared that view if living nearby ? )

Such rage is common among comments at U.S sites where decades of condo or HOA homeowner association shenanigans, have left a lot of angry victims.

4 - The removal order may turn out to be totally valid and get upheld regardless how old the growth or how many apparent exceptions are allegedly visible. . . .

5 - The owners reportedly have retained a highprofile counsel. That's respectfully a good idea even if the dispute is being waged in the GTA instead of - for example - Ottawa.

( In Ottawa, harmless looking landscape disputes & balcony pigeon issues for example have wreaked devastation on condo owners daring to challenge liens & chargebacks.

One Ottawa flower box violator - a lawyer herself - was ordered to undergo a mental exam, hit for huge costs & ruled a vexatious litigant without her lien challenge even being being judicially addressed. see https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&catid=9&id=18756#18756

Another condo owner's Small Claims lien challenge over pigeon mess on her balcony, left her hit with a bizarrely non-proportional cost order before being substantially overturned in Divisional Court. see https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&catid=2&id=18447#18447 )

Challengers respectfully need to pick their battles VERY carefully, no matter how selective or discriminatory they think can be shown to have been the enforcement of conformity. Hiring competent professionals & making a deal are excellent ideas upfront.

6 - the CBC article :

Nov 5/19 CBC Toronto “Board threatens to make couple pay $30K in legal fees. Elderly couple fighting condo board's order to rip out their garden.” by Michael Smee https://www.cbc.ca/news/canada/toronto/garden-condo-board-fight-1.5347746
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