Accessibility and Reasonable Accommodation in Co-ownership

Accessibility directly affects the quality of life of co-owners and occupants. In a divided co-ownership, “reasonable accommodation” makes it possible to adapt the building to address a disability while respecting everyone’s rights. When properly managed, this process reduces tensions, prevents disputes and preserves condo values.

In Quebec, the duty to accommodate arises from the Charter of Human Rights and Freedoms. The Civil Code of Quebec (C.c.Q.), for its part, governs co-ownership administration, collective decisions and the use of common portions. Reconciling these two regimes is essential when you receive an accessibility-related request.

In this article, we explain your obligations, the types of accommodation that may be available, the decision-making process before the board of directors and at the annual general meeting, and possible approaches to allocating costs. You will come away with a clear, documented process.

Rights and obligations: the Charter, the C.c.Q. and the declaration of co-ownership

Reasonable accommodation is intended to eliminate discrimination based on disability, provided that it does not impose undue hardship on the syndicate. This principle arises from the Charter of Human Rights and Freedoms (sections 10 and 10.1). The analysis is carried out on a case-by-case basis, taking into account the impact, cost, safety and availability of less intrusive options.

The C.c.Q. sets out the syndicate’s powers and duties, including preserving the building, administering the common portions and allocating common expenses. The divided co-ownership provisions of the C.c.Q. also govern important decisions, such as alteration or improvement work, which require qualified majorities at a meeting (sections 1096 to 1098 C.c.Q.).

The declaration of co-ownership and the by-laws of the immovable govern permitted uses and work, but cannot contradict the Charter. A co-ownership rule that is too rigid must therefore be interpreted in light of the duty to accommodate. Conversely, an accommodation request must respect the building’s integrity, safety and the purpose of the co-ownership.

For an overview of other related topics, visit our blog.

What types of accommodation are available for accessibility?

Depending on the need, an accommodation may address access, circulation or the safe use of the premises. Common examples include:

• Adding a removable ramp or a gentle slope at the main entrance.
• Installing an automatic door opener, push button or adapted video intercom.
• Adjusting hardware, such as lever handles, signage or lighting.
• Improving clearance in corridors and common portions.
• Installing a lift platform or providing an alternative solution when stairs cannot be avoided.

The work must comply with the Construction Code. The Regie du batiment du Quebec (RBQ) publishes barrier-free design requirements; see its page on barrier-free design. Keep in mind that a “reasonable” solution is not necessarily ideal, but it must be safe and functional.

Common portions vs. private portions

• Common portions, such as the entrance, lobby, stairs and elevators: any modification affects everyone and requires the syndicate’s authorization. The votes and majorities may vary depending on whether the work involves maintenance, repair, alteration or improvement.
• Private portions, such as the interior of a condo: a co-owner may make certain adjustments, subject to the declaration of co-ownership and provided that the structure and common systems are not compromised. Where necessary, the board of directors may require plans and a qualified contractor.
• Common portions for restricted use, such as a balcony or parking space: the solution must respect the rights of others and the integrity of the premises. A written agreement can clarify maintenance and reinstatement obligations, where necessary.

Temporary, reversible and proportionate

Whether a solution is “reasonable” is assessed, among other things, based on its reversibility, cost, visual impact, safety and the purpose of the building. Sometimes, a temporary ramp, an accessible side door or a discreet door opener is sufficient and limits the burden on the community.

Decision-making process: request, assessment and votes

A clear, documented process protects everyone involved. Here is an approach used by several syndicates we assist:

1. Written request to the board of directors: a description of the need, the specific obstacles and the proposed solution. The board may request only the documents strictly necessary to understand the functional limitation, while respecting privacy.
2. Review of the declaration of co-ownership, by-laws, maintenance logbook and statement of condition. The board determines whether the solution involves maintenance, repair, alteration or improvement, and whether it affects common portions.
3. Technical analysis: sketches, Code compliance, fire safety, accessibility and cost estimates. Give preference to contractors holding an RBQ licence and, where necessary, obtain the opinion of a professional, such as an engineer or architect.
4. Decision and votes: under the C.c.Q., certain alterations or improvements to common portions require a vote at an annual general meeting with enhanced majorities (sections 1096 to 1098 C.c.Q.). The board of directors calls a meeting, places the item on the agenda and presents clear options.
5. Resolution and minutes: the decision must be recorded in the minutes, including the selected solution, cost allocation, maintenance responsibilities and access management.
6. Implementation and follow-up: coordinate the work, communicate with occupants, update the maintenance logbook and statement of condition, and notify the insurer where necessary.

To structure these steps, see our administrative management and operations management services.

As a legal reference, consult the Civil Code of Quebec – divided co-ownership. Avoid improvising during the meeting: present comparable scenarios with their costs, impacts and risks so that co-owners can make an informed decision.

Allocating costs and funds: who pays what?

The key is to distinguish the collective interest from an interest that is primarily individual, without overlooking the duty to accommodate.

• Clear collective benefit: a lobby door opener or correction of an excessively high threshold benefits several people, including those with strollers, delivery personnel and people with reduced mobility. Funding through common expenses may be justified, depending on the declaration of co-ownership and the applicable voting rules.
• Primarily individual benefit: a lift platform leading to a specific parking space could be paid for mainly by the requesting co-owner, subject to the meeting’s decision and the duty to accommodate. A written agreement can provide for maintenance and reinstatement.
• Contingency fund: intended for major repairs and the replacement of common portions, it is not meant to finance improvements. A special assessment may be required if the meeting adopts an improvement solution.
• Allocation under the C.c.Q.: contributions to common expenses are based on relative value, unless the declaration of co-ownership provides otherwise (section 1064 C.c.Q.). Ensure that the resolution clearly specifies the allocation method.

For additional practical guidance, consult the RGCQ.

Governance tip: when the solution is reversible and localized, a restricted-use agreement can clarify who maintains, insures and reinstates it at the end of the use. Have the agreement entered in the co-ownership register.

Managing risks: safety, insurance and disputes

• Safety and compliance: require work that complies with accessibility and safety standards. Refer to the RBQ and barrier-free design requirements. Prefer sealed specifications for structural work.
• Insurance and liability: notify the syndicate’s insurer to avoid surprises in the event of a loss. Adjust coverage for the new components if necessary.
• Communication: explain the solution, schedule and temporary access arrangements for common portions to co-owners. A good plan reduces complaints and encourages acceptance.
• Dispute management: if there is a disagreement, try mediation. A refusal to accommodate may be challenged if you cannot demonstrate undue hardship. Document every step, exchange demand letters where necessary and consult a legal professional.

FAQ about reasonable accommodation in condos

• Can a ramp at the main entrance be refused?
  Yes, if it causes undue hardship, such as a serious safety risk, disproportionate costs or an impact on the purpose of the co-ownership. The board of directors must then propose a reasonable alternative, such as a door opener or an adapted side entrance.
• Who owns an addition installed on a common portion?
  Generally, once integrated, the addition forms part of the common portions. An agreement may grant priority use and specify maintenance and reinstatement obligations. The resolution and minutes must be explicit.
• How long does it take to process a request?
  What is “reasonable” depends on the complexity. Schedule a board review, obtain a technical opinion and call the annual general meeting at the next practical opportunity. Avoid unjustified delays and keep the requesting party regularly informed of progress.

Useful sources:

• Charter of Human Rights and Freedoms (Quebec)
• Civil Code of Quebec – divided co-ownership
• RBQ – Barrier-free design
• RGCQ – Co-ownership resources

To learn more about organizing and financing work, see our services and the packages adapted to the size of your syndicate.

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

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