Accessible entry is a right
Dear Tony,
To what extent is a strata corporation required to accommodate all owners and tenants in a building? An owner in our White Rock strata rented their unit to a tenant who uses a wheelchair. The rental agreement stated the tenant would have full access through our parking garage, and a copy of that agreement was provided to our strata corporation.
Our main building entrance has five stairs, and modifying it for accessibility would involve significant costs for our aging community. In the past, two residents with walkers have been allowed to use the garage for entry when needed. The new tenant is now requesting either a chairlift or ramp for proper access.
— Denise W., White Rock
Dear Denise,
The BC Human Rights Code applies to all strata corporations throughout the province. Strata corporations have a legal obligation to accommodate individuals with disabilities to the point of undue hardship. This may involve substantial modifications, costs, or operational changes—but telling residents to simply “work around” accessibility issues is not acceptable.
An agreement that attempts to waive accessibility requirements is unenforceable and could expose the strata to legal liabilities and risks.
While some residents may use parking garages for access, itѻý important to recognize that these areas are designed for vehicles—not people. They often have steep grades, slippery or poorly maintained surfaces, inadequate lighting, wide catchment drains that are difficult for mobility devices, non-automated doors, and exposure to extreme weather. In short, they are rarely suitable for safe or dignified pedestrian access.
Although there are rare instances where a garage has been designed with a segregated walkway and accessible entry, this is not typical. In a recent Civil Resolution Tribunal (CRT) decision, a strata was ordered to provide closed captioning during electronic meetings to ensure full participation for residents with hearing impairments. The message is clear: accessibility is a right, not a privilege.
Your strata should work collaboratively with the tenant and other residents to find a long-term, inclusive solution. Accessibility improvements are not only a legal responsibility—they are essential for ensuring that residents can age in place and remain safely in their homes.
For further guidance, CHOA offers extensive resources and checklists to help evaluate building accessibility.
Tony Gioventu is executive director of the Condominium Home Owners Association of BC. Email: tony@choa.bc.ca