The Surprising Condo Law Fact You Didn't Know: Why the Ontario Human Rights Code Takes Precedence

When it comes to condo law, board members and residents often find themselves navigating a maze of rules, regulations, and policies designed to keep the community running smoothly. Whether it's setting guidelines for noise levels, parking assignments, or pet policies, condo rules are meant to ensure a harmonious living environment. However, there’s one important aspect of condo law that many people overlook—something that might surprise you. Did you know that the Ontario Human Rights Code takes precedence over your condo’s internal rules, including those in the condo’s declaration, bylaws, and even the Condominium Act itself?

At first glance, this might seem counterintuitive. Condo rules, after all, are usually put in place to maintain order and address specific community needs, such as safety, cleanliness, or convenience. As a board member, it's easy to assume that these rules are absolute, and residents are expected to follow them without exception. However, this assumption can overlook one crucial fact: the Ontario Human Rights Code, a law that protects individuals from discrimination and promotes equality, holds a higher legal status and must always be prioritized.

In our recent conversation with Deborah A. Howden, a condo lawyer at Shibley Righton LLP, revealed a surprising truth: if there’s a conflict between a condo’s internal rules and the Human Rights Code, the condo rules take a backseat. 

In this blog, we’ll explore why this surprising fact matters and what it means for condo owners and board members.

The Surprising Condo Law Fact You Didn't Know: Why the Ontario Human Rights Code Takes Precedence

Condo Rules Can't Override Human Rights Protections

One of the most surprising things to know is that the Ontario Human Rights Code takes priority over all other condo rules, including those in your condo’s declaration, bylaws, and even the Condominium Act itself. It’s easy to assume that the rules set out in your condo's declaration or bylaws are absolute. After all, these rules are designed to maintain order and ensure smooth functioning within the condo community.

However, Deborah pointed out an important exception: the Ontario Human Rights Code. The Code is not only a cornerstone of human rights law in Ontario, but it also takes precedence over all other provincial laws and regulations, including condo rules. This means that if any provision in your condo’s rules or declaration conflicts with the Ontario Human Rights Code, the Code takes priority, and the condo rule cannot be enforced.

This may sound surprising, but it’s a crucial protection for condo residents and board members to understand.

Why This Fact Could Change How You View Condo Rules

This is significant for condo board members and residents. Condo rules often address issues like noise, pet policies, or parking assignments. However, what if one of these rules unintentionally discriminates against someone based on their race, gender, disability, or another protected ground? Under the Ontario Human Rights Code, the condo board would not be able to enforce such a rule if it violates an individual's human rights.

For example, a condo rule prohibiting pets may inadvertently discriminate against individuals with disabilities who rely on service animals. While the intention of the rule may be to maintain quiet or cleanliness, the Human Rights Code ensures that individuals’ rights to access and equal treatment cannot be violated, even if a condo rule appears to be neutral.

Deborah emphasized that many people are shocked to learn that condo rules and bylaws are not exempt from the protections of the Human Rights Code. If a rule conflicts with someone’s rights, it's not just a suggestion that the rule might be unenforceable—it’s a legal obligation for condo boards to ensure the rule aligns with human rights protections.

How This Impacts Condo Boards and Residents

For condo boards, this means a more cautious approach when drafting and enforcing rules. While boards are empowered to create rules that benefit the community, they must also ensure these rules do not infringe on the rights of individuals as protected by the Ontario Human Rights Code.

Residents, too, should be aware of their rights. If they believe that a rule or policy in their condo violates their human rights, they can seek legal advice or even file a complaint with the Ontario Human Rights Tribunal. This means that, despite what the rules in the declaration or bylaws may say, individuals are protected from discrimination and unfair treatment.

If you're unsure whether your condo’s rules comply with the Ontario Human Rights Code, it's a good idea to review them with legal counsel to avoid potential issues.

Further Resources: Ontario Human Rights Code in Condos

Our blog also offers a wealth of information on relevant condo law topics, making it a valuable resource for property managers and boards alike. Or, explore Stak’d, our library with over 10,000 hand-curated condo-related resources for additional summaries and tools, or dive deeper into our blog for more detailed discussions on topics that matter to you and your community.

Human Rights Protections Always Come First: In Conclusion 

The Ontario Human Rights Code has precedence over condo rules and bylaws, ensuring that individuals' rights are always protected. Condo boards must be diligent in drafting and enforcing rules that respect these rights, while residents should feel empowered to speak up if they feel their rights are being infringed upon. This surprising aspect of condo law serves as a reminder that legal protections cannot be overlooked, even within the context of condominium living.

If you're a condo board member, make sure you're reviewing your policies with human rights in mind. And for residents, remember that you have legal protections if you ever feel your rights are being violated. If in doubt, consulting with a condo lawyer can help ensure your community is both fair and legally compliant.

-Stratastic Inc.

If you’re unsure whether your condo’s rules comply with the Ontario Human Rights Code, it’s time to review them. Reach out to the team at Shibley Righton, or find more condo lawyers on our vendor directory, My Condo Vendor. to ensure your policies align with human rights protections and avoid potential legal issues.

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