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