Accessibility and the Duty to Accommodate in BC Stratas

Accessibility questions reach strata councils in ordinary, practical forms: an owner asks to install a grab bar or a ramp, a tenant arrives with a service dog in a "no pets" building, or a resident who cannot manage stairs asks for a change to an entry door. Getting these right matters, because the rules come from two directions at once — the Strata Property Act and the strata's own registered bylaws on one side, and British Columbia's human rights law on the other.

Two sources of obligation

The Act and the Standard Bylaws set out who approves what, who repairs what, and what process the strata must follow before it penalizes anyone. Human rights law operates alongside them: strata corporations in BC provide services and accommodation, and the duty to accommodate a person with a disability to the point of undue hardship is a human rights concept, not a Strata Property Act concept. The Act does not define that duty or set a test for it, so a council facing a serious accommodation request should get advice specific to the situation rather than relying on the bylaws alone.

What the Act does do in this area is impose a hard limit on pet bylaws — and that limit is the one councils most often get wrong.

Service animals: what section 123 actually says

Under section 123 of the Strata Property Act:

• A bylaw that prohibits a pet, or that restricts an animal's access to a strata lot or common property, does not apply to a guide dog or service dog.
• It also does not apply to a dog that is a member of a retired guide or service dog team, where the person who is a member of that team is an owner, tenant or occupant.
• "Guide dog," "service dog" and "retired guide or service dog team" carry the meanings given in the Guide Dog and Service Dog Act, so the definitions in that statute — not the council's impression of the animal — decide whether s.123(3) applies.

Section 123 also grandfathers existing pets: a new pet-prohibition bylaw does not apply to a pet that was already living with the owner, tenant or occupant immediately before the bylaw passed without contravening any pet bylaw, as long as the pet keeps living with them.

Note what s.123 does not say. It does not address emotional support or companion animals that fall outside the Guide Dog and Service Dog Act definitions. Requests involving those animals are handled under human rights principles, not s.123, and the outcome depends on the evidence and the specific circumstances.

One more wrinkle for newer developments: in a phased strata plan where the owner developer is on schedule, Regulation s.13.3 prevents the strata from amending bylaws about the keeping of pets (among other listed subjects) until the annual general meeting after the final phase is deposited, unless the owner developer consents in writing.

Q&A: common accessibility questions

Can our strata fine an owner whose service dog exceeds our size or breed limits?
A bylaw restricting an animal's access does not apply to a guide dog or service dog under s.123(3). And separately, before imposing any fine or charging the cost of remedying a contravention, s.135 requires the strata to have received a complaint, given the owner or tenant written particulars and a reasonable opportunity to answer — including a hearing if requested — and given written notice of the decision as soon as feasible. A fine imposed without that process is void.

Who approves an accessibility alteration, and is it a vote?
Alterations are approved by the strata corporation in writing — in practice by council — not by an owners' vote. Standard Bylaw 6 requires written approval before altering common property or limited common property, and Standard Bylaw 5 covers listed alterations to a strata lot, with bylaw 5(2) providing that approval must not be unreasonably withheld (Schedule of Standard Bylaws). A 3/4 vote is added only where the work is a significant change in the use or appearance of common property or common-asset land under s.71. Whether a given ramp, lift or door operator triggers s.71 depends on what is being changed and how visible it is.

Is the work inside my unit, so the strata has no say?
Not necessarily. Under s.68, the boundary is midway through the structural portion of the wall, floor or ceiling unless the strata plan shows otherwise — so widening a doorway or anchoring into a demising wall can still touch common property.

Conditions, costs and repairs

The condition the Standard Bylaws authorize on an approval is the owner's written agreement to take responsibility for the expenses relating to the alteration (bylaws 5(2) and 6(2)) — commonly future maintenance, repair and replacement, and costs the strata incurs because of the alteration. It is an assumption-of-responsibility agreement, not a blanket liability waiver, and it does not transfer the strata's statutory obligations. Absent such an agreement, Standard Bylaw 8 still governs the strata's duty to repair and maintain common property and the listed elements — check your own registered bylaws, which may differ.

Process protects everyone

An owner or tenant may request a hearing at a council meeting under s.34.1; council must hold it within four weeks and, where a decision is sought, give a written decision within one week. There is no right to "appeal" a council decision at a general meeting — the routes beyond the hearing are the Civil Resolution Tribunal or the courts, including a claim that a decision was significantly unfair under s.164. Council members who act honestly and in good faith have the protection in Standard Bylaw 22.

Accessibility also belongs in long-range planning. The physical component inventory required in a depreciation report under Regulation s.6.2 covers entrances, doors, parking facilities and common amenities — natural moments to fold in accessible upgrades, much like the sequencing discussed in Strata Maintenance Planning & Work Orders and in parking-related work such as EV Charging in BC Stratas. Tools like SearchStrata can help you use AI to find every pet, animal and alteration clause buried in a consolidated bylaw set, while ManageStrata keeps the hearing requests, written approvals and decision letters in one auditable place.

This article is general information about BC strata law, not legal advice; verify against the current Strata Property Act and Regulation or consult a BC strata lawyer.