Condo owners and residents are required to comply with their condo's governing documents, which sometimes restricts some of their rights. In fact, condo corporations have a duty to take reasonable steps to ensure owners and residents do comply. But what happens when someone cannot comply with these documents as a result of a disability or when someone seeks a valid accommodation? How does a corporation balance competing rights? This is one of the most delicate balancing acts and one fraught with risks.

Topic in this on-demand webinar include:

  • Competing legislation
  • Condo's duty to apply legislation and enforce governing documents
  • Requests for accommodation:
    • What is a disability?
    • Duty to accommodate
      • Procedural duty
      • Substantive duty
  • What is undue hardship?
  • What medical evidence can be obtained by condo corporations
  • Balancing the duty to accommodate with the duty to enforce
  • Human Rights at the Condo Tribunal
  • Practical examples:
    • Service and support animals
    • Accessibility issues
    • Medicinal cannabis
    • Recent cases