We have a
board that will not activate the handicapped door opener. People who are disabled have to use the key
in the door then try to open the door manually.
Is this legal?
I do not understand why
the board would not activate the door opener except maybe for security reasons.
You would have to consult
an attorney for a definitive answer on the legality of the situation you
describe. However, according to the Manitoba
Human Rights Code a corporation must accommodate people who are disabled,
to the point of undue hardship. You indicate that there already is an automatic
door opener, and it only needs to be activated. I would hardly call this undue
The Code provides the following example:
“A condominium owner
who uses a wheelchair requests that the renovation plan be modified to lower
the height of the garbage chute on the main floor and include an automatic door
opener to the parkade. The condominium corporation should assess the cost of
the modifications and determine if it would be reasonable to include them or
alter the plan in some other way to accommodate these accessibility needs.”
I suggest that the disabled individual make their request to the
board in writing. If the board still refuses to activate the system or find an
acceptable solution, they should contact the Manitoba Human Rights Commission
and ask about filing a complaint. Once a complaint is filed, a Commission staff
member will investigate. This should not cost anything except the time involved.
Keep in mind that it may take a long time for anything to happen. Best wishes.