Human Rights

December 19, 2023 Published by British Columbia Chapter - By Laura Track

The Strata’s Responsibility to Address Human Rights Issues

From CCI BC Strata Connection Magazine, Volume 01, Fall 2023

Stratas have important responsibilities to protect and uphold the human rights of their residents. BC’s Human Rights Code prohibits discrimination in accommodations, services, and facilities provided to the public. The BC Human Rights Tribunal, which hears complaints about violations of the Code, has held that stratas must take action to prevent, avoid, and address discrimination whenever it arises.

The BC Human Rights Code protects strata residents from discrimination based on protected characteristics including race, place of origin, sex (including sexual harassment), religion, sexual orientation, gender identity and expression, and family status. If a strata becomes aware that one resident is making racist comments towards another, for example, or engaging in homophobic bullying, they have a duty to take action within their power to address the situation. Failing to take a resident’s concern about discrimination seriously can result in a costly, acrimonious, and timeconsuming human rights complaint against the strata at the BC Human Rights Tribunal.

Many human rights complaints against stratas involve accessibility issues residents with disabilities who need accommodations to access and enjoy their homes. Where a physical barrier prevents a person with a disability from accessing their home safely and with dignity, human rights law requires the strata to take all reasonable and practical steps to remove that barrier. This is known as the duty to accommodate. This exercise is not always easy, convenient, or cost-effective. There may be some expense, inconvenience, or disruption involved in providing necessary accommodations for a resident with a disability. But given the importance of inclusion and accessibility for people with disabilities, unless that cost or inconvenience creates an unreasonable burden for the strata – what’s known as an “undue hardship” in the law – it yields to the need to accommodate.

In several cases, the BC Human Rights Tribunal has ordered stratas to build a ramp to accommodate residents with mobility limitations. They have also required stratas to address second-hand smoke affecting residents with asthma and allergies. Other cases have involved the need to allow a resident to have an emotional support animal to assist them with their mental health disability, despite the strata’s no-pet bylaw. Every case will depend on its specific facts. But a good rule to remember is: if a person is experiencing a disability-related barrier due to a strata bylaw, policy, or practice, the strata has a duty to take action to remove the barrier by taking all reasonable and practical steps. 

The search for reasonable accommodation must involve both the strata and the person who needs the accommodation. A person with a disability may have to disclose relevant medical information about their needs (which the strata must keep private and confidential). A resident may need to facilitate the strata’s efforts to provide accommodation by allowing reasonable access to their suite, for example. People are not necessarily entitled to “perfect” accommodation, but they are entitled to a timely, reasonable response that respects their dignity and meets their disabilityrelated needs to the greatest extent possible.

Sometimes, a reasonable accommodation requires changes to common strata property or the imposition of a special levy to fund upgrades or repairs. These steps can have an impact on other strata residents and may be unpopular. They may not be approved by the strata members at a vote. However, stratas should understand that a vote by members against a reasonable accommodation is not the end of the story. Accommodation under the Code cannot be defeated by a vote, and a strata cannot rely on a vote of its membership to deny an accommodation. In fact, the Tribunal may order that an accommodation be implemented, notwithstanding a vote against it.

It can be challenging for strata councils to address situations of discrimination. Strata councils are made up of volunteers doing what can sometimes be a difficult and thankless task. However, as service providers covered by the Human Rights Code, stratas have an important role to play in removing barriers that may affect residents with disabilities and other protected characteristics. This includes taking a serious and sensitive approach to issues impacting people with disabilities and other characteristics protected in the law.

Laura Track
Director, BC Human Rights Clinic at the Community Legal Assistance Society

Laura is the Director of CLAS’s Human Rights Clinic, as we l as its Director of Education. She advocates on behalf of people who have experienced discrimination and assists complainants in navigating BC’s human rights process. Laura also has a strong interest in making legal knowledge accessible. She delivers workshops and presentations to a wide variety of audiences to help people understand their human rights and comply with their legal obligations. Laura earned her law degree from UBC in 2006 and holds a Masters in International Human Rights Law from Oxford University.