Undue Hardship

Emerging jurisprudence reflects a growing tendency to conflate the duty to enforce with the duty to accommodate. Rather than treating them as distinct legal obligations with separate analytical frameworks, recent decisions often merge them into a single balancing exercise.

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.