Opening doors to any disability

Feb 17, 2007 04:30 AM
Gerry Hyman

Q. Our lobby door is very heavy and, as many of us are getting older, we are having a difficult time getting it open, especially those of us with bad arthritis.

I asked at the annual meeting whether an automatic door opener could be installed. The manager said the request must be made by someone who has a disabled parking permit. I don't own a car. Shouldn't the board be required to install the door opener?

A. The Ontario Human Rights Code prohibits discrimination with respect to occupancy of accommodation on a number of grounds, including disability. The code prohibits "constructive" discrimination, which is conduct that has the effect of discriminating, even if that was not the intention.

A condominium corporation must accommodate a person with a disability unless the cost of doing so would create undue hardship. One doesn't require a disabled parking permit to be considered disabled.

A heavy door that renders it difficult for a person with arthritis to gain access to his or her home requires the corporation to take action, such as installing an automatic door opener as suggested.

Q. When I purchased my condo unit from the developer, I bought a parking unit close to the elevators that is a little larger than most. As a single woman, I was concerned about my safety and I believe the location adds value to my condo unit.

Some time after the agreement of purchase and sale was signed, the developer advised that he required the unit for disabled parking, and I would have to accept a less desirable location. Can he do that?

A. The developer is obligated to provide the reader with the parking unit she purchased, unless there is a provision in the sales agreement permitting substitution.

If there aren't any other suitable vacant parking units, the developer should be able to make an offer favourable enough to induce someone to agree to a parking unit exchange.

Lawyer Gerry Hyman is an expert in condominium law and author of The Condominium Handbook. Send questions to gerryhyman@bellnet.ca or fax to his attention at 416-925-8492. Letter volume prevents individual replies.

Taken from http://www.thestar.com/article/181428.

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