Strata puts up roadblocks

Man needs ramp to reach front door after stroke

Dear Tony: I live in a townhouse complex in the Okanagan where each home has three steps up to the front door. My husband recently had a mild stroke and requires a walker, so access has become a problem.

We called our strata president and requested permission to remove our stairs and have a ramp installed that would give him safe access, but he refused, citing the appearance of our community and the cost to make the common property safe.

Do we have options? Without the ramp, my husband can’t safely get outside for vital exercise vital.

Marion F.

Dear Marion: Alterations to common property are regulated by the bylaws of your strata corporation. A single council member does not have the authority to determine whether an alteration is permitted.

When dealing with bylaws and your strata council, communicate in writing, include specific details, and request a hearing with council if you require a written decision. Review the alteration bylaw for common property to determine if there are conditions you will be required to meet to obtain permission.

In addition to acting reasonably within the limitations of their bylaws, strata corporations also have a duty to accommodate residents under the B.C. Human Rights Code. Special accommodation because of physical limitation is a reasonable request.

While the ramp may alter the common property, it is possible to have an alteration permitted that would fit in with strata appearance, comply with building-code requirements, cover some or all of the costs through available grants or tax credits, and enable the strata corporation to require the restoration of the area to its original condition when you sell your strata lot.

If your strata corporation is not responding or acting reasonably, you may also consider an application to the Civil Resolution Tribunal to expedite your claim and address the bylaw enforcement matter, including the requirements of the Human Rights Code.

There are two excellent programs available to owners, tenants and occupants that provide funding or tax credit for home-access alterations. BC Housing hosts a grant program called HAFI (Home Adaptations for Independence), providing up to $20,000 in assistance, and this year’s tax return includes a new line for home accessibility expenses, providing a tax credit for alterations up to $10,000 of both a residence or the common property of a condo or co-op. For information, go to www. bchousing.org and search HAFI and www.cra-arc.gc.ca and search line 398 Home Accessibility expenses.

Tony Gioventu is executive director of the Condominium Home Owners Association. Email tony@ choa.bc.ca