Access for disabled residents

A while ago J.S. Mueller & Co Lawyers published an interesting article about access to strata titled buildings for disabled residents.

The article dealt with the important question whether an Owners Corporation must modify common property to accommodate the less able residents.

“These residents may not be able to pass to and from their lots unless modifications are made to pedestrian access routes on common property. Does an owners corporation have to modify those common property pedestrian access routes, for example, by building an access ramp or installing automatic door openers to provide easier access for disabled residents? And if the owners corporation refuses to modify those pedestrian access routes, can a disabled resident force the owners corporation to do so?”

In summary, “Under the strata legislation an owners corporation has the power (but not the obligation) to modify common property to allow easier access for disabled and less mobile residents in its strata scheme… “.

However, under the Anti-Discrimination Act 1977 “an owners corporation can be guilty of indirect discrimination against a disabled resident if it requires the resident to access their lot through common property through which the resident is unable to pass.”

You can access the original article here.