Overview of Protected Grounds Under the Alberta Human Rights Act
The Alberta Human Rights Act prohibits discrimination in housing and service provision, including those offered by condominium corporations. Protected grounds include:
Race, color, ancestry, and place of origin
Religion and political beliefs
Gender identity and gender expression
Disability (including physical and mental disabilities)
Marital status and family status
Sexual orientation
Age (except where age limits are legally imposed, such as +55 buildings)
Boards and condominium managers must ensure that their policies and practices do not discriminate, directly or indirectly, against any resident or tenant based on these grounds.
Discriminatory Practices Prohibited in Condominium Governance
A condominium corporation is responsible for ensuring fair and equal treatment of all residents, including in the enforcement of bylaws and the provision of amenities. Common discriminatory practices that could lead to human rights complaints include:
Failure to accommodate disabilities – Example: Denying an owner’s request to install a ramp or an accessible parking spot.
Unjustified restrictions on family status – Example: Implementing "adults-only" rules that prevent families with children from living in the condominium (unless legally designated as a seniors' building).
Selective enforcement of rules – Example: Allowing some residents to have pets while denying pet accommodations to someone with a service animal.
Discrimination in rental approvals – Example: The board rejecting tenants based on race or nationality rather than financial and rental history.
Legal Reference: The Alberta Human Rights Act states that "no person shall deny to any person or class of persons any goods, services, accommodation or facilities that are customarily available to the public because of race, religious beliefs, color, gender, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation.”
Examples of Human Rights Complaints in Condominium Settings
There have been multiple cases where condominium boards and condominium managers were found in violation of human rights legislation due to improper decision-making. Common complaints include:
Refusal to provide accommodations for persons with disabilities.
Unequal treatment in the enforcement of noise or visitor policies.
Discriminatory language or practices by board members or management.
In these cases, condominium corporations may be required to provide compensation to the affected individuals and revise their governance policies to comply with the Alberta Human Rights Act.
Case Study Analysis
Scenario:
A condominium board implements a rule that only allows one parking space per unit and refuses an owner’s request for a second space for their caregiver, despite the owner having a disability. The owner files a human rights complaint.
Discussion Questions:
Does the board’s decision violate Alberta’s Human Rights Act?
What accommodation should the condominium board consider to comply with human rights legislation?
How should the condominium manager handle the situation to prevent legal consequences?
Activity: Write a response outlining how the manager should address the board, ensuring they understand their legal obligation while maintaining a fair and respectful resolution for the resident.
