THE DUTY TO ACCOMMODATE IN STRATA CORPORATIONS

"The duty to accommodate a person with a disability is a core and transcendent human rights principle” -- Québec (Commission des norms, de l’équité, de la santé et de la sécurité du travail)

DOES THE HUMAN RIGHTS CODE APPLY TO STRATA CORPORATIONS?

The BC Human Rights Code (the “Code”) applies to strata corporations because strata corporations provide housing-related services, facilities, governance, enforcement, and management functions to owners, tenants, occupants, and visitors, and they must not discriminate on protected grounds such as disability, age, family status, sex, race, religion, gender identity or expression, and other grounds protected by the Code. 

Because the Code has primacy over other provincial laws, a strata corporation cannot rely on the Strata Property Act, its bylaws, rules, or owner votes to justify discriminatory conduct, and must reasonably accommodate protected needs to the point of undue hardship.  What this means is that strata corporations are required to comply with the Code at all times, including when enforcing bylaws, rules, and policies.

IS A STRATA CORPORATION REQUIRED TO ACCOMMODATE RESIDENTS?

A strata corporation is required to accommodate residents.  Compliance with the Code includes a duty to accommodate owners, tenants, and occupants where a bylaw, decision, or physical condition on the property has an adverse impact on a person because of a protected ground, most commonly disability. Understanding when this duty arises, and what is required to fulfill it, is essential to lawful and effective strata governance.

While the duty to accommodate is a significant obligation, it is not automatic or unlimited. The duty to accommodate is triggered only in specific circumstances and requires cooperation between the strata corporation and the person seeking accommodation. Clear understanding of this process reduces conflict and ensures that accommodation requests are handled fairly and lawfully.

WHEN DOES A STRATA CORPORATION’S DUTY TO ACCOMMODATE ARISE?

A strata corporation’s duty to accommodate only arises after the strata corporation becomes aware of a need to accommodate a resident; usually this occurs after a resident applies for accommodation.  A strata corporation’s duty to accommodate is not proactive.  A strata corporation is not required to investigate whether a resident may require accommodation. Instead, the obligation arises only when the resident makes the strata aware of the need for accommodation and provides sufficient supporting information, or it should be obvious to the strata corporation that the individual requires accommodation. 

The duty to accommodate is triggered when three conditions are met:

• The person has a protected characteristic (such as a disability).

• A bylaw, rule, action, or physical condition on the common property creates a burden or disadvantage.

• That burden is connected to the protected characteristic.

WHAT INFORMATION DOES A STRATA CORPORATION NEED IN AN APPLICATION FOR ACCOMMODATION?

The requirement to provide medical information does not necessarily require extensive medical disclosure, but in most cases it does require more than providing a brief doctor’s note.  A person seeking accommodation must provide enough information to allow the strata council to understand:

• That they have a disability.

• How that disability is adversely affected by the strata’s bylaws, actions or physical conditions.

  
  

In clear cases—such as where a person has a visible mobility limitation or a disabled parking permit—little additional information may be required. However, in less obvious cases, supporting medical evidence establishing a connection between the disability and the requested accommodation will be necessary.

Once sufficient medical information is produced to trigger the Strata Corporation’s duty to accommodate, both the strata corporation and the applicant must participate in a cooperative process to determine what accommodation is necessary.

WHAT IS THE ACCOMMODATION PROCESS?

The accommodation process requires the parties to:

• The parties to gather and exchange sufficient information to understand the applicant’s need for and options to accommodate.

• The parties to explore reasonable options in good faith, together.

• The strata corporation to meaningfully consider the request.

  
  

The accommodation process is not one-sided. The applicant must also cooperate, provide relevant information, and remain open to reasonable alternatives.

WHAT IS THE STANDARD OF ACCOMMODATION?

When accommodating an applicant who has proven a need for accommodation, a strata corporation is not required to provide a perfect solution.  The standard for accommodation is reasonableness, and not perfection.  A reasonable and workable accommodation that balances the applicant’s needs with the interests of the strata corporation, including its budget, will not be overturned by a court or tribunal.

WHAT CAN REASONABLE ACCOMMODATION LOOK LIKE?

Accommodation can take many forms depending on the circumstances, including:

• Exemptions from bylaws (such as pet, occupancy, and alteration restrictions).

• Prohibiting smoking or scents.

• Modifications to common property (such as the construction of ramps, the fitting of door openers, or installation  of other accessibility features).

• Changes to policies or enforcement practices.

  
  

Courts and tribunals have confirmed that accommodation may require significant adjustments, including physical changes to buildings or exceptions to otherwise valid bylaws, where necessary to address a disability-related barrier.

DOES THE DUTY TO ACCOMMODATE OVER RIDE THE STRATA PROPERTY ACT?

The duty to accommodate does not displace the statutory framework imposed by the Strata Property Act. A strata corporation must still comply with the Act when carrying out accommodation, including obtaining the required approvals for expenditures from the contingency reserve fund under section 96 and securing the appropriate owner approval for significant changes to common property under section 71. In other words, the existence of a human rights obligation does not give council the authority to bypass mandatory voting thresholds or procedural requirements. Accommodation must be pursued within the structure of the Act, using the mechanisms available to the strata to lawfully approve and fund the necessary work or approve changes to the common property.

Conversely, compliance with the Strata Property Act does not relieve a strata corporation of its duty to accommodate. An owner vote rejecting a proposed accommodation—whether by defeating a special levy or refusing to approve a significant change—does not extinguish the strata’s obligations under the Human Rights Code. Where accommodation is required, the strata corporation must continue to take reasonable steps to achieve it, which may include revising proposals, seeking alternative solutions, or, where necessary, pursuing court or tribunal relief to overcome governance deadlock. The duty to accommodate and the requirements of the Strata Property Act operate in parallel, and neither can be used to avoid the other.

CONCLUSION ON THE DUTY TO ACCOMMODATE

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.

At its core, the duty to accommodate is about reasonableness, cooperation, and fairness. When both the strata corporation and the individual engage in the process in good faith, accommodation can be achieved in a way that respects both human rights and the collective interests of the strata corporation’s owners and residents.