August 2020
Individuals claiming a disability requiring a service or emotional support animal can request an exemption from condominium documents prohibiting a pet.
Ontario Human Rights Code, which allows this exemption under certain conditions, prevails over all condominium governing documents.
The corporation can require medical information and documentation to substantiate a disability. For a non-permanent disability medical documentation can be requested on an annual basis. When proper documentation is provided a condo board can suspend enforcement of condominium documents for a particular situation for however long the situation continues.
Condominium corporations are receiving more accommodation requests from disabled individuals, particularly for emotional support animals, including those with mental health issues.
Accommodation requests must be considered on a case-by-case basis to ensure they comply with the Human Rights Code.
