🛠️ Accommodations in Condos: What the Law Really Says

Because fairness isn’t a favour – it’s a legal requirement.

In Ontario, people with disabilities have the right to equal treatment in housing.
That includes condominiums, co-ops, and rental buildings.

When someone needs an accommodation – whether for mobility, mental health, chronic illness, or another reason – it’s not about getting “special treatment.”
It’s about being able to live safely, equally, and with dignity.

⚖️ The Law: The Ontario Human Rights Code

Section 2(1):
“Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of… disability.”

📌 That means a condo board, landlord, or property manager must take steps to remove barriers when a resident has a disability – unless doing so would cause undue hardship.

And no, inconvenience, aesthetic preferences, or complaints from neighbours do not count as undue hardship under the law.

🧠 What Counts as a Disability?

Disability is defined broadly under Ontario’s Human Rights Code.

Section 10(1):
“Disability” includes… physical disability, mental impairment or developmental disability, learning disability, mental disorder, or injuries covered under WSIB…

🧾 In simple terms: if you live with a condition – visible or invisible, permanent or temporary – that affects how you function and creates barriers, you are protected.

Here’s how that plays out:

✅ Physical disabilities

Mobility issues (e.g., wheelchair use, arthritis, chronic pain)
Vision or hearing loss
Neurological conditions (e.g., MS, Parkinson’s)
Injury recovery (e.g., surgery, broken bones)

📌 Legal point: Condos must remove or reduce physical barriers and may need to approve accessibility modifications.

✅ Mental health conditions

Anxiety, depression, PTSD, OCD
Bipolar disorder or panic disorder
Stress-related mental illness

📌 These are real, protected disabilities. Boards must accommodate them like any other.

✅ Cognitive or learning disabilities

Autism spectrum disorder
ADHD, dyslexia
Acquired brain injuries (e.g., concussion)

📌 This might require more flexible communication, additional time to respond to notices, or reduced stress triggers.

✅ Invisible disabilities

Diabetes, Crohn’s, endometriosis
Migraines, chronic fatigue, epilepsy
Any condition that isn’t obvious but affects day-to-day life

📌 The board cannot ask you to prove you “look disabled.” The law protects you all the same.

✅ Temporary disabilities

Broken bones, surgery recovery
Short-term mobility or mental health issues

📌 Even if your disability is short-term, you still have a right to accommodation.

🛠️ What Is an Accommodation?

An accommodation is any reasonable change that helps someone overcome a barrier caused by their disability. It can include:

Approving a service animal despite pet rules
Installing grab bars or door openers
Designating an accessible parking spot
Giving more time to respond to notices or forms
Allowing remote or alternate meeting participation
Adjusting enforcement tactics to reduce stress or impact

💡 The goal is not to give someone an advantage – it’s to level the playing field.

📄 What Can the Board Ask For?

The condo board can request:
✔️ A letter from a regulated health professional confirming:

“This person has a disability and needs accommodation.”

They cannot demand:
❌ A diagnosis
❌ Medical history or test results
❌ Proof that the disability is “severe” or “visible”
❌ Certification for service animals (Ontario does not require it)

📌 Privacy matters. The board is not your doctor, nor entitled to act like one.

🧭 The Duty to Accommodate

Supreme Court of Canada (Central Okanagan v. Renaud, [1992] 2 SCR 970):
“Accommodation is a shared responsibility that requires cooperation from both parties.”

In other words:

You must make the request and provide simple documentation.
The condo must listen, engage, and respond in good faith.

Refusing, delaying, or making the process adversarial may be a violation of the Human Rights Code.

⚠️ “Undue Hardship”: The Only Legal Excuse

Boards can only refuse accommodation if it would cause undue hardship, based on:

Excessive cost, or
Serious health and safety risks

And even then, they must prove it with facts — not fears, hypotheticals, or neighbour complaints.

🚫 “The rules say no.” → Not valid
🚫 “Other residents will complain.” → Not valid
🚫 “It sets a bad precedent.” → Definitely not valid
✅ “We can’t afford the ramp and we have no reserves” → Maybe valid — but they’ll need hard proof

💬 Common Myths – Debunked

❌ Myth	✅ Reality
“They just want special treatment.”	No — they’re asking to live without unfair barriers.
“It’s against the condo rules.”	Human rights law overrides condo rules.
“They don’t look disabled.”	The law protects invisible disabilities.
“We’ll get back to them next month.”	Delays = Denial. And denial can be illegal.
“We have to treat everyone the same.”	The law requires fairness, not sameness.

📌 Final Takeaway

If you have a disability – visible or invisible, long-term or short – you have the legal right to be accommodated in your home.

If you’re on a board or in management, you have a legal duty to respond respectfully, promptly, and in good faith.

Accommodation is not a loophole.
It’s not a favour.
It’s the law.

📰 For more resources, rulings, and real examples, visit CondoTribune.com.
📣 Because knowing your rights is the first step to enforcing them.

👉 If you believe your rights have been violated, contact us confidentially through the Condo Leak Tipline at www.CondoTribune.com/tipline – your story matters, and you’re not alone.

📝 While we are not lawyers, we’ve spent years learning the Condominium Act, tribunal process, and case law – and we’re here to help point you in the right direction.

Disclaimer: This post is for general information purposes only and does not constitute legal advice. For legal guidance specific to your situation, please consult a qualified lawyer.

Condo Chronicles