Part 27 published on 01/08/09
Owner must pay for railing.
The units in this condominium are one-storey detached homes. The front and rear entrances to each home are exclusive-use common elements. One of the owners made a request, to the condominium corporation, for installation of railings on both the front and rear steps to the unit, in order to accommodate a disability. The condominium corporation gave approval for the change, but refused the owner’s request that the condominium corporation pay for the railings.
The Human Rights Tribunal held that the condominium corporation was not obligated to pay for the railings. The Tribunal held that the owner was responsible for the cost. The Tribunal said: “The circumstances of this case are distinct from a condominium corporation’s obligation to make common areas accessible.”
Editorial Note: This case deals with a very important issue in relation to human rights complaints in condominiums: If a common element modification is required in order to accommodate a resident’s disability, who pays for the modification? This decision seems to stand for the following principle: If only one unit could possibly benefit from the modification, that owner should cover the cost. But if more than one unit could possibly benefit from the modification, perhaps then it becomes a common expense.