LIMITS ON THE DUTY TO ACCOMMODATE – UNDUE HARDSHIP

"It makes one a better person to have had hardships and to have overcome hardships" -- Maureen Forester

IS THERE A LIMIT ON A STRATA CORPORATIONS DUTY TO ACCOMMODATE?

A strata corporation’s duty to accommodate is significant, but it is not unlimited: the duty is to take all reasonable and practical steps to accommodate a protected need, usually a disability-related need, to the point of undue hardship. In the strata context, this means the strata must meaningfully investigate the request, obtain and consider relevant information, explore reasonable options, and avoid relying mechanically on bylaws, rules, cost, inconvenience, owner opposition, or “fairness” concerns as a reason to refuse accommodation.

Understanding the limits of accommodation is just as important as understanding the duty itself.  A strata is not required to provide the complainant’s preferred or perfect accommodation, nor is it required to accept an accommodation that would impose undue hardship, such as significant negative impacts on other residents, excessive cost in light of the strata’s financial circumstances, serious safety risks, or practical impossibility.

IS AN APPLICANT ENTITLED TO THE EXACT ACCOMMODATION THEY ARE SEEKING?

An applicant is not entitled to their preferred or ideal solution. The law requires a strata corporation to balance the rights of the various parties and provide a reasonable accommodation in the circumstances.

This means that:

• The strata may choose among reasonable options.

• Alternative solutions may be acceptable.

• The accommodation need not eliminate all inconvenience.

  
  

The standard, once again, is reasonableness—not perfection.

WHAT IS UNDUE HARDSHIP?

In a strata context, undue hardship is the point at which accommodating an owner, tenant, occupant, or visitor’s protected need — most often a disability-related need — would impose a burden on the strata corporation that is more than merely inconvenient, unpopular, administratively difficult, or costly.  In short, undue hardship is not established simply because accommodation is inconvenient, expensive, or unpopular. Some level of hardship is expected. The question is whether the burden becomes unreasonable when viewed in light of all the circumstances.

In order for a Strata Corporation to claim undue hardship the proposed accommodation must cause significant negative impacts on other residents, excessive cost in light of the strata’s financial circumstances, serious safety risks, or practical impossibility.

HOW DOES A STRATA CORPORATION PROVE UNDUE HARDSHIP?

A strata must prove undue hardship with actual evidence, not assumptions, and must show that it considered reasonable alternatives before refusing or limiting the accommodation.

In assessing undue hardship, courts and tribunals consider factors such as:

• Financial cost of the accommodation.

• Health and safety risks.

• physical or structural limitations of the building.

• Whether the requested accommodation would undermine essential strata operations.

• Impact on other owners.

• Practical feasibility of the accommodation.

  
  

Financial cost alone will rarely establish undue hardship, particularly where the cost of the accommodation can be paid from the contingency reserve fund.  Tribunals have required strata corporations to undertake significant expenditures from their contingency reserve fund where necessary to remove barriers, particularly where the impact on the individual is severe.  However, where accommodation would require a special levy to fund it, it is more likely to amount to undue hardship.

WHAT TYPE OF CLAIMS DO NOT QUALIFY FOR ACCOMMODATION?

Not all personal circumstances give rise to a duty to accommodate. For example:

• Financial hardship alone is not a protected ground.

• Age, without more, does not create a duty to accommodate.

• General preferences or conveniences are not sufficient.

  
  

The duty arises only where there is a clear connection between a protected ground and the disadvantage experienced.

CONCLUSION ON UNDUE HARDSHIP

The limits on the duty to accommodate are grounded in the same principle that underlies much of strata law: reasonableness. 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.

At the same time, those limits cannot be used to avoid the duty altogether. The obligation to accommodate persists even where doing so is difficult, unpopular, or requires navigating the procedural requirements of the Strata Property Act. Ultimately, strata corporations must engage in a careful and good faith balancing exercise—one that respects both the human rights of individuals and the collective realities of shared property ownership.