Part 30 published on 01/05/10
Owner’s complaint about windows found to be premature
One of the strata owners complained that new windows installed by the strata corporation seriously reduced her view and the amount of natural light entering her unit. She asserted that this would have a serious adverse impact upon her, due to a disability.
The Human Rights Tribunal found that the owner had not yet provided the strata corporation with sufficient information to allow the strata corporation to determine whether or not she needed to be accommodated. The Tribunal described the accommodation process (in the context of human rights complaints) as a “co-operative dialogue where the parties work together to find a solution that adequately balances competing interests”. The Tribunal said that this process could only unfold once the complainant had provided adequate information (including medical information) to allow the strata corporation to assess the extent to which accommodation might be required, the options available, and whether accommodation would cause undue hardship.