We’re posting our response here because the reader didn’t leave an email address (most people who write in do). Also, just to be crystal clear: I’m not a lawyer and this is not legal advice – just general information you can use to plan next steps.
The Question
“A donated wheelchair had been on property for 15 yrs without incident It was for the shared use of the owners .The Board removed it without notice claiming liability concerns. I petitioned the owners 40 out of 75 units want a chair on site for temporary use .When I requisitioned an accomodation it was refused. A Board member told me that it is an aesthetic issue not a liability issur.How do I proceed?“
The gist
You’ve got strong owner support (40 of 75 units) to keep a shared, on-site wheelchair for temporary use. Ontario law requires condo corporations to consider disability-related accommodations up to the point of undue hardship – and “aesthetics” isn’t on the undue-hardship list. The board also has clear obligations when owners requisition a meeting. Condominium Authority of Ontario+1
Practical next steps
1) Re-submit a written accommodation request under the Human Rights Code
Ask the board to assess, in writing, whether a discreetly stored, shared wheelchair would cause undue hardship. By law, undue hardship can only be based on cost, outside funding, or health and safety – not inconvenience or appearance. Request reasons and any workable alternatives if they decline. Ontario Human Rights Commission+2Ontario Human Rights Commission+2
Helpful offer: propose simple safeguards – designated storage (e.g., a closet), a sign-out/inspection log, basic instructions, and an insurer check-in. These steps often address “liability” concerns without denying access. (The Condo Authority also confirms condos must accommodate up to undue hardship.) Condominium Authority of Ontario
2) Use the owner-requisitioned meeting process
With 40/75 units, you exceed the 15% signature threshold. After a proper requisition, the board must call and hold an owners’ meeting within 35 days (or add the item to the next AGM if requested). If the board doesn’t act, owners may be able to proceed themselves. Use the meeting to seek an owners’ directive or to support a clear accessibility policy. Ontario+1
3) If refusal continues
- Human rights route: Affected residents can contact the Human Rights Legal Support Centre and, if needed, apply to the Human Rights Tribunal of Ontario (HRTO). HRLSC
- Condo dispute route: The Condominium Authority Tribunal (CAT) handles certain records/nuisance/governing-document disputes, but human-rights accommodation issues typically go to the HRTO. Condominium Authority of Ontario+1
Paste-and-send template (edit to fit your community)
Subject: Request for Accessibility Accommodation – Shared Wheelchair
I’m not a lawyer and this isn’t legal advice.
For 15 years our community kept a shared wheelchair on site without incident. Forty of seventy-five units support having one available for temporary use. Under Ontario’s Human Rights Code, condos must accommodate disability-related needs up to undue hardship. The Code limits undue hardship to cost, outside funding, or health and safety. “Aesthetics” is not a valid basis to refuse.
We request reinstatement of a shared wheelchair (or a workable alternative) with reasonable safeguards: designated storage, a sign-out/inspection log, basic instructions, and insurer confirmation. If the corporation believes this causes undue hardship, please provide written reasons addressing the Code’s factors and any alternatives you would accept.
Separately, we have more than 15% support and are requisitioning an owners’ meeting. Please call and hold the meeting within 35 days so owners can provide direction on an accessibility policy for a shared wheelchair on the common elements.
👉 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.
