Identifying Exclusionary Practices in Board Operations and Decision-Making
Common Exclusionary Practices in Condominium Governance
Exclusion can take many forms, including:
Lack of access to information – Not providing timely notices, meeting minutes, or financial reports to all owners.
Unfair decision-making – Board members or managers making decisions without proper consultation with owners.
Language barriers – Failing to provide translation services or accessible communication formats.
Discriminatory policies – Creating rules that indirectly disadvantage certain groups of owners or tenants.
Lack of participation opportunities – Holding meetings at inaccessible times or restricting virtual attendance.
A failure to ensure equal participation and access to condominium governance may violate human rights legislation and create legal liability for the board and corporation.
The Impact of Lack of Inclusivity on Community Engagement and Governance
Negative Effects of Exclusion in Condominium Management
Exclusionary practices can lead to:
Reduced trust in board leadership and decision-making.
Legal disputes due to claims of unfair treatment or discrimination.
Lower owner engagement, making it difficult to pass bylaw amendments or gain quorum at meetings.
Financial risks, including litigation or penalties for non-compliance with regulatory requirements.
For example, if a condominium board fails to provide meeting notices in accessible formats (e.g., large print, translated versions), some owners may not be able to exercise their voting rights, leading to potential challenges against board decisions.
Compliance with Fair Housing and Human Rights Considerations in Condominium Management
The Alberta Human Rights Act prohibits discrimination in housing and services based on:
Race, religion, or ethnicity.
Physical or mental disability.
Gender or family status.
Age or income source.
Legal Requirements for Inclusivity in Condominium Governance
All owners must have access to voting and meeting participation, whether in-person or electronically.
Rules and bylaws must not discriminate against any group.
Accommodation requests (e.g., accessibility modifications) must be handled fairly.
Example:
If an older owner requests a reasonable accommodation, such as in-person meeting participation, the board must consider whether denying this request violates human rights protections.
Strategies to Ensure Inclusive Governance in Condominiums
Transparent and Accessible Communication
Ensure all owners receive meeting notices, financial updates, and rule changes in an accessible format (e.g., digital, hard copy, translated versions).
Provide multiple methods of engagement, such as online portals, email updates, and in-person meetings.
Fair Participation in Board Meetings and Decision-Making
Allow electronic participation in meetings to accommodate those unable to attend in person.
Ensure all owners are informed of their rights regarding governance and decision-making.
Offer interpretation services when needed for diverse owner populations.
Compliance with Legal and Regulatory Requirements
Ensure all policies align with the Condominium Property Act and Alberta Human Rights Act.
Review bylaws to remove outdated or exclusionary language.
Adopt a formal policy on diversity and inclusion in board operations.
Training for Board Members and Managers
Educate boards on fair governance practices and avoiding discrimination.
Provide training on handling accommodation requests under human rights laws.
Practical Application: Evaluating Inclusion in Condominium Policies
Scenario 1: Restrictive Meeting Participation Rules
A condominium board only allows in-person attendance at meetings, making it difficult for elderly owners and those with disabilities to participate.
Solution: Update meeting procedures to allow electronic attendance.
Scenario 2: Unclear Communication of Voting Rights
The board does not provide clear information on proxy voting procedures, leading to confusion among owners.
Solution: Create a standardized notice template explaining voting rights in plain language.
