Condominiums in Ontario (and in many other Canadian jurisdictions) are obligated to make accommodation for residents with disabilities. As a result, condominium corporations may be obligated to allow common element changes as necessary to accommodate a resident’s disability. All of this is subject to “undue hardship”: The accommodation – the change – must not result in undue hardship to the condominium corporation or to the other residents. But there’s a further question: Does the duty to accommodate include paying for the change? [Assuming a change is needed (to accommodate a resident’s disability), does the condominium corporation pay for the change or does the owner pay for the change?]
A 2009 decision of the Ontario Human Rights Tribunal seemed to suggest that the owner should pay for the change if no other resident could possibly benefit from the change (such as a change needed to facilitate access to the owner’s unit, rather than access to areas of the common elements). [McMillan vs. Bruce Condominium Corporation No. 6 – See Condo Cases Across Canada, Part 27, September 2009. The McMillan case dealt with handrails added to front and rear steps (exclusive-use common elements) required to facilitate access to the owner’s unit.]
A subsequent decision of Ontario’s Human Rights Tribunal seems to say that the condominium corporation (at least in Ontario) always pays – provided there is no undue hardship. Here’s my summary of that more recent decision:
DiSalvo v. Halton Condominium Corporation No. 186 (Ontario Human Rights Tribunal)