Condominiums

The Alberta Human Rights Act prohibits discrimination in the provision of goods, services, accommodation, or facilities customarily available to the public. This includes condominium corporations.
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How does the Act protect against discrimination in condominiums?

The Act protects against discrimination in the provision of goods, services, accommodation, or facilities customarily available to the public. Accommodation includes owning or renting a condominium unit.

Condominium corporations and unit owners who rent out their units cannot discriminate against people based on a protected ground. Condominium corporations are responsible for making sure their services, facilities, and bylaws do not discriminate against a person’s needs based on a protected ground. Unit owners cannot discriminate against potential or current tenants.

What you need to know

  • Everyone has a right to treatment free of discrimination when obtaining goods, services, accommodations, or facilities customarily available to the public. This includes condominium corporations.
  • Condominium corporations and condominium unit owners who are landlords must follow the Act by not discriminating against people based on a protected ground.
  • Condominium corporations must make sure their services, facilities, and bylaws do not discriminate against people based on a protected ground.
  • Condominium unit owners and condominium corporations have a duty to accommodate a person’s needs to the point of undue hardship.

Rights and responsibilities

The Act’s protection against discrimination in condominiums applies to both condominium corporations and unit owners who are landlords. They must follow human rights law, which means:

  • not discriminating against residents
  • making sure condominium services, facilities, and bylaws do not discriminate against people based on a protected ground
  • fulfilling their duty to accommodate, which includes considering requests for accommodation and taking reasonable steps to accommodate individual needs to the point of undue hardship

If a person believes they have been discriminated against by a condominium corporation, they can make a human rights complaint. For more information, refer to the Responding to discrimination and Making a complaint pages.

Examples of discrimination in condominiums

Discrimination in condominiums can often occur with condominium rules or bylaws. Even if rules or bylaws appear to treat everyone equally, they can negatively impact some individuals based on protected grounds.

Some examples of discrimination in condominiums include:

  • failing to accommodate owners with physical disabilities when enforcing condominium bylaws, such as not allowing guide dogs and service dogs
  • condominium board members making negative comments about an owner’s race and using racial slurs
  • implementing excessive restrictions or rules in condominium facilities, such as a gym or swimming pool, that hinder access to those with mobility issues or families with children
  • changing a condominium’s security system, which restricts the ability of residents with physical disabilities to admit visitors and emergency medical services
  • changing or passing new bylaws that result in a condominium owner with a disability losing their assigned parking spot

Duty to accommodate in condominiums

Accommodation in condominiums often involves the protected grounds of physical disability. It may also involve other protected grounds such as religious beliefs, ancestry, family status, marital status, and mental disability.

Condominium corporations must take steps to accommodate a person’s request for accommodation to the point of undue hardship. A condominium corporation may have to experience some hardship in providing accommodation. To be undue, the hardship must be “substantial in nature.” For example, this could be an intolerable financial cost or serious disruption to business.

Examples of accommodation in condominiums include:

  • allowing condominium owners to temporarily or permanently alter a condominium unit or facilities based on a protected ground, such as setting up succahs (temporary huts) for religious purposes
  • making sure people using wheelchairs can access condominiums by having a ramp and electronic door opening devices
  • making exceptions to condominium bylaws and rules to allow for service dogs and guide dogs
  • making exceptions to condominium parking bylaws to provide better parking stall access to condominium owners or tenants with physical disabilities

For more information, refer to the Duty to accommodate in housing page.

FAQs

A condominium corporation consists of all owners of units in a condominium complex and is run by a board of directors (known as a “condominium board”). It is created when a condominium plan is registered with a land titles office.

It depends on the type of housing and when the age restrictions were put in place.

Age means someone 18 years or older. The Act protects individuals 18 years and older from age discrimination. On January 1, 2018, age became a protected ground in the areas of tenancy and goods, services, accommodation, or facilities customarily available to the public (which covers condominiums).

There are three exceptions in the Act for age restrictions:

  1. Benefits based on age may only be for minors, or for seniors 55 years and older.
  2. Seniors-only housing can impose age minimums for residents.
  3. Age-restricted condominiums, co-operative housing units, and mobile home sites can have age restrictions only if the restrictions were in place before January 1, 2018.

Age-restricted condominiums, co-operative housing units, and mobile home sites (with restrictions in place before January 1, 2018) must convert to all-ages housing or to seniors-only housing by January 1, 2033. A new condominium cannot impose age restrictions.

For example, a condominium complex is “adults only” and has an age restriction of 21 and up. Because the restriction was put in place before January 1, 2018, and the Act allows for a 15‑year transition period for existing age‑restricted condominiums, the condominium complex can no longer have an age restriction after December 31, 2032.

For more information on age restrictions in housing and condominiums, refer to the Age discrimination page.

It depends on what the accommodation request is about. These situations can fall under the areas of both tenancy or goods, services, accommodation, or facilities. Condominium corporations are a service or accommodation provider to all condominium residents. They have a duty to accommodate condominium residents, regardless of whether they own or rent a unit. Landlords who own condominium units also have a duty to accommodate tenants living in their units.

Some people with disabilities may rely on an assistance or support animal, such as a service dog or guide dog. There are also other types of assistance and support animals, such as therapy, companion, or emotional support animals.

The Act and other laws in Alberta protect the rights of individuals to use a qualified service dog or guide dog. Guide dogs are trained as a guide for blind people while service dogs are trained as a guide for disabled persons. Both types of dogs must meet qualifications under the law.

Housing providers (including landlords and condominiums) and goods and services providers cannot discriminate against individuals with a disability who have a qualified service dog or guide dog. They must accommodate these individuals to the point of undue hardship. Providers may also have a duty to accommodate individuals with other types of assistance and support animals. Whether there is a duty to accommodate depends on the situation and reliable medical information confirming the person’s disability and need for the animal.

Human rights laws are one of many laws that apply in housing.

For example, residential tenancies laws include rules that both landlords and tenants must follow when it comes to rent, security deposits, notices, and more. Minimum housing and health standards include rules for ensuring safe, sanitary, and livable properties. Privacy laws require landlords, housing providers, and condominium corporations to get consent when collecting, using, and sharing personal information.

There are also laws for specific types of housing. For example, condominium laws and bylaws only apply to condominiums. Mobile home sites tenancies laws only apply to mobile home site rentals. Subsidized housing or social housing laws apply to subsidized housing or social housing.

Read our Other helpful agencies page to learn more about agencies that can help with issues besides human rights.