Dear Tony: As an aging resident of our highrise condo building, I am growing increasingly frustrated by the lack of access or complicated access to our building. I use a walker now to support my back, and still drive. Our main building access has an electronic door opener, but our three parking garage elevator lobbies do not. They are also heavy steel fire doors. I have requested the strata corporation convert all three doors to automatic activators and they refused, indicating the ramp is sufficient for me to park and use the front entry. I am on the second level and our ramp does not have a pedestrian sidewalk only driving lanes. There are also four handicapped parking spaces on level one, which assumes the users will also have to use the parking ramp. What do I do?
Marjorie S. Victoria
Accessibility to common areas and entries is a serious challenge for both owners and strata corporations. Under the B.C. human rights code, strata corporations must accommodate persons’ disabilities to the point of “undue hardship.” As a first step, you can request a hearing before your council outlining the reasons for your requested accommodation. The Council must hold the meeting within four weeks of your request and give you its written decision at least one week after your hearing. If you do not achieve a solution, you may wish to make a complaint to the B.C. human rights tribunal or initiate a dispute before the B.C. civil resolution tribunal.
Lisa Mackie, a Vancouver lawyer who works with strata corporations on these issues, encourages councils to look to Leary v Strata Plan VR1001, 2016 BCHRT 139 for guidance. According to Lisa, “councils should respond to the request promptly, ask for information to understand the accommodation, keep medical information confidential, and obtain professional advice where needed.” Lisa also notes that owners play an important part in the accommodation process too, by “sharing relevant medical information with their council, considering a range of possible solutions, and cooperating with professionals when evaluating accommodation options.”
Strata councils are volunteers. They are often placed in situations well beyond their expertise. If there is a shadow of doubt of what to do, consult with a professional to help navigate through the options. While not all accommodations may be possible, dialogue with council and owners to find a viable solution is essential.
Tony Gioventu is executive director of the Condominium Home Owners Association
