Human rights in a strata: the duty to accommodate
A resident asks for a ramp, an assistance animal, or an exemption from a bylaw because of a disability. The answer is not found in the bylaws. It is found in human rights law, which sits above them.
Last reviewed November 10, 2026, against the current Strata Property Act, Strata Property Regulation and Standard Bylaws on BC Laws.
The short answer
The BC Human Rights Code applies to strata corporations. A strata must not discriminate against owners, tenants or occupants on protected grounds such as disability, family status, age, religion, sex or race, and must accommodate a person's needs related to those grounds to the point of undue hardship. A bylaw is unenforceable to the extent it contravenes the Code (Strata Property Act, section 121). Each request must be considered individually, with reasonable supporting information, and kept confidential.
How the Code applies to stratas
The BC Human Rights Tribunal has long treated strata corporations as providing accommodation, services or facilities to their owners and residents, so the Code's prohibition on discrimination applies to how a strata manages and maintains the property and enforces its bylaws. Section 121 of the Strata Property Act reinforces it: a bylaw is not enforceable to the extent that it contravenes the Human Rights Code.
Protected grounds include race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, and age. In a strata, disability generates most requests, followed by family status.
The duty to accommodate
Discrimination is often unintentional. A rule that is neutral on its face, such as "no pets" or "no alterations to common property", can have an adverse effect on a person because of a protected characteristic. When that happens, the strata has a duty to take reasonable steps to accommodate the person, short of undue hardship.
- It is individual. The question is this person's need, not a general policy.
- It is a shared process. The person must ask, explain the need and cooperate. The strata must take the request seriously and look for solutions.
- It need not be the perfect solution. A reasonable accommodation that meets the need is enough, even if the person would prefer another.
- Undue hardship is a high bar. Some cost and inconvenience are expected. Hardship may be shown by serious cost relative to the strata's resources, real safety risks, or significant interference with other residents' rights.
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Common requests
| Request | Typical issues |
|---|---|
| An assistance or support animal despite a pet bylaw | Evidence of disability-related need. Certified guide and service dogs are exempt outright under section 123 |
| A ramp, lift, automatic door opener or grab bars on common property | Who pays, design, building code, approval under section 71 if a significant change |
| Hard flooring for a wheelchair or allergy, despite a carpet bylaw | Noise mitigation for the unit below |
| An accessible parking stall closer to the entrance | Reassigning common property stalls. Limited common property is harder |
| Relief from smoke entering a unit, for a respiratory condition | Enforcement against the source, building repairs |
| An exemption from a smoking bylaw for medical cannabis | Alternatives to smoking, effect on neighbours |
| A caregiver living in an age-restricted building | Caregivers are also exempt under section 123.2 |
| Different meeting arrangements, such as attending by phone or receiving large-print notices | Usually simple and inexpensive |
Who pays
There is no single rule. Where the strata's own property or practices create the barrier, such as steps at the main entrance, the strata may have to bear some or all of the cost unless that would be undue hardship. Where the change is inside the person's strata lot, the owner usually pays, and the strata's role is to approve it. Shared-cost solutions are common. Record what was agreed, including who maintains the alteration afterward.
A fair process for council
- Receive the request in writing and acknowledge it promptly.
- Ask for what you need, and no more. The strata may ask for information from a health professional confirming a disability-related need and what accommodation is required. It is not entitled to a diagnosis or full medical records.
- Consider it privately. Deal with it in the closed portion of a council meeting, since observers would unreasonably interfere with the individual's privacy (Standard Bylaw 17).
- Explore options with the person. Get advice on building, cost and legal questions.
- Decide, and give written reasons, especially if refusing or offering an alternative.
- Record it carefully. Lot number and decision only.
- Follow through and review if circumstances change.
Sample minute wording: In camera: strata lot 8. Council considered a request for accommodation. MOVED and SECONDED that the request be approved on the conditions set out in council's letter to the owner. CARRIED (4 in favour, 0 opposed).
Privacy
Medical information is among the most sensitive personal information a strata will ever hold. Limit it to the council members who must decide, store it securely, do not put it in minutes or emails to the whole council's personal accounts, and destroy it when no longer needed. See privacy and PIPA.
Balancing other residents
Accommodation does not cancel other residents' rights. An assistance animal must still be controlled and cleaned up after. Hard flooring should still have the best practical underlay. Where two residents' needs conflict, for example one resident's medical cannabis and another's asthma, council must look for a solution that respects both, and should get legal advice.
Complaints and time limits
A person who believes a strata has discriminated may file a complaint with the BC Human Rights Tribunal. There is a time limit for filing, generally one year from the events. The tribunal can order the strata to stop the discrimination, take steps to remedy it, and pay compensation, including for injury to dignity. The Civil Resolution Tribunal may also consider the Code when deciding strata disputes. A council that can show it listened, asked for reasonable information, considered options and explained its decision is in a far stronger position than one that simply quoted the bylaw.
Questions councils and owners ask
Does the BC Human Rights Code apply to strata corporations?
Yes. Stratas must not discriminate on protected grounds and must accommodate to the point of undue hardship.
Can a strata refuse an assistance animal because of a no-pets bylaw?
Not automatically. Guide and service dogs are exempt by statute, and other disability-related needs must be considered for accommodation.
Can the strata ask for medical information?
It may ask for reasonable information confirming a disability-related need and the accommodation required, but not for a diagnosis or full records.
Who pays for accessibility changes?
It depends on the change and the circumstances. Cost is shared, borne by the owner, or borne by the strata up to the point of undue hardship.
Where are human rights complaints made?
To the BC Human Rights Tribunal, generally within one year.
Accommodation decisions need careful, private records
StrataMinutes records the decision by strata lot number, with no medical detail, so your minutes are complete and privacy-safe.
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This page is general information for BC strata corporations, not legal advice. Your strata's own filed bylaws may differ from the Standard Bylaws. See the current text of the Strata Property Act and the Strata Property Regulation on BC Laws.
Related guides
Pet Bylaws
Smoking Bylaws
Unenforceable Bylaws
In Camera Council Meetings
Privacy and PIPA
Renovation Approval