Justin Hanson

55+ bylaws remain available, but all other age restriction bylaws should be treated with extreme caution and, in most cases, as unenforceable.

Strata corporations are required to take meaningful and practical steps to remove barriers and address the adverse impacts of disability, but they are not required to provide perfect solutions or to accept every proposed accommodation. The concept of undue hardship ensures that accommodation remains balanced, taking into account cost, safety, feasibility, and the legitimate interests of the broader ownership.

The duty to accommodate is a fundamental aspect of strata governance under human rights law. It requires strata corporations to respond thoughtfully and flexibly to situations where bylaws or conditions create barriers for individuals with disabilities.