Part 29 published on 01/02/10
Condominium corporation must pay for townhouse entrance ramp
This condominium comprises 24 townhouse units. One of the residents asked the condominium corporation to install a stainless steel ramp on the common elements so that he could access the front door of his townhouse. The ramp was clearly needed because of the resident’s disability. The question was: Who pays? The Tribunal said that the condominium corporation pays, because the cost of the change would not constitute an undue hardship for the condominium corporation. The Tribunal’s decision included the following:
- In my view, whether there is one or multiple users of the ramp, it would not be in accordance with the purposes of the Code to require the applicant (the owner)to bear the costs of the accommodation measure.
- Even where the applicant is the only individual benefiting from the accommodation measure, unless undue hardship is established, the Code requires that the costs of the reasonable accommodation be borne by the condominium corporation.
Further Comments: Perhaps the Tribunal’s decision in the DiSalvo case would have been different if the front entrance had been designated as exclusive-use common element. But this is not clear. The Tribunal, in the DiSalvo case, seems to be saying that all of the owners in a condominium share the cost if one of the owners needs a change to the common elements for human rights reasons – even if no other owner could possibly make use of the change. The only exception is undue hardship.
The Access for Ontarians with Disabilities Act may provide even more clear resolution of these issues (at least in Ontario) as the requirements under that Act are introduced over the coming years.