Handling Requests for Accommodation
Under the Alberta Human Rights Act, condominium boards and managers must accommodate owners and residents with protected characteristics to the point of undue hardship. Common accommodation requests include:
Accessibility modifications – Installing ramps, elevators, or automatic doors.
Service animals – Permitting certified service animals, even if the building has a "no pets" policy.
Parking accommodations – Assigning accessible parking spaces closer to the entrance.
Noise exemptions for medical devices – Allowing equipment such as oxygen concentrators despite quiet hour policies.
Accommodation requests should be assessed individually, and reasonable efforts should be made to implement necessary changes unless the request creates undue hardship, such as excessive financial burden or safety concerns.
Legal Reference: The Alberta Human Rights Act states that “a person shall not deny to any person or class of persons any goods, services, accommodation, or facilities that are customarily available to the public because of” protected characteristics such as disability, age, gender identity, or family status.
Applying Anti-Discrimination Protections in Vendor Selection and Condominium Management
Condominium boards and managers must ensure that discrimination does not occur when:
Hiring vendors or service providers – All contracts must be awarded based on merit, qualifications, and cost-effectiveness, not on protected grounds such as race, gender, or nationality.
Processing rental applications – The board cannot impose discriminatory restrictions on who may live in the condominium.
Implementing property rules – Bylaws and policies must be neutral and apply equally to all residents.
Failure to uphold anti-discrimination protections in these areas can lead to human rights complaints and potential liability for the condominium corporation.
Board Obligations Under the Alberta Human Rights Act When Enforcing Bylaws
When enforcing condominium bylaws, the board must balance governance with human rights obligations. Common legal risks include:
Selective enforcement – Enforcing certain rules against specific groups of owners while ignoring violations from others.
Failure to consider accommodations – Rejecting reasonable requests for modifications without exploring solutions.
Overly restrictive policies – Enacting rules that disproportionately affect a protected group (e.g., restricting families with children from using common areas).
Condominium boards must have a fair, documented enforcement process that ensures bylaws do not violate human rights protections.
Policy Review Exercise
Scenario:
A condominium corporation enforces a "no pets" policy and denies a resident's request to keep a certified service dog for their disability. The resident files a complaint, claiming discrimination.
Discussion Questions:
Does the board's decision violate the Alberta Human Rights Act?
What factors should be considered when accommodating service animals in a no-pets building?
How should the condominium manager handle this issue to ensure compliance with human rights laws?
