Condominium boards and managers are responsible for creating an inclusive, equitable environment for all residents within their communities. Reviewing and modernizing the language in governing documents, rules, and communications is important to ensure it reflects diversity and avoids discriminatory wording. Neglecting this can expose condo corporations to significant legal risk and make owners and occupants feel excluded from their communities.

Historically, it was very common to use gendered pronouns, such as “his” or “he” throughout governing documents to refer to individuals of any gender. While not intended to be offensive, this gendered language may be interpreted as discriminatory under human rights legislation, potentially leading to complaints or legal claims. Similarly, outdated language like “handicapped” or “grandfathered”; rules that exclusively mention specific cultural or religious holidays; or language that disregards family status may marginalize residents and violate anti-discrimination laws. For instance, the Human Rights Tribunal of Ontario (HRTO) has addressed cases where condominium practices were found to be discriminatory.

In Dellostritto v. York Condominium Corporation No. 688 (2009 HRTO 221 (CanLII)), the HRTO found that a condominium corporation violated sections 2.1 and 9 of the Human Rights Code due to a cumulative effect of restrictive rules and practices. This included promotional materials and signage describing the building as “adult lifestyle,” exclusion of families with children from committees, and restricted access to shared recreational facilities. The Tribunal accepted evidence that these more restrictive rules, signage, and promotion contributed to families feeling unwelcome and caused them to avoid using shared facilities. The HRTO concluded that restrictions on children’s access to recreational facilities that effectively preclude a family with children from accessing the facility have a discriminatory effect on families with children. The corporation was ordered to pay general damages for the violation of the Human Rights Code. This case underscores the importance of scrutinizing all aspects of condominium governance, including language, for potential discriminatory impacts.

Beyond legal compliance and mitigating risks, inclusive language is vital for building a strong sense of community and belonging. It demonstrates the corporation’s commitment to equity, diversity, and respect for all owners and occupants, regardless of gender, ability, culture, religion, or family status. Modernizing is an important part of creating an environment where everyone feels valued. For example, instead of “his” or “he,” inclusive alternatives include “their,” “the owner,” or “the occupant.” “Handicapped” could be replaced with “person with a disability,” and “grandfathering” can be updated to “legacy clause” or “existing use exemption.” When referencing celebrations, using terms like “holiday decorations,” “seasonal decorations,” or “cultural and religious decorations” is more inclusive than solely mentioning “Christmas decorations.”

To address these issues proactively, boards and managers should conduct a comprehensive language audit of all governing documents, rules, and communications. Engaging the community by inviting feedback from residents on language that may be perceived as exclusive or outdated can provide valuable insights. Adopting gender-neutral terms, using respectful person-first language (e.g., “persons with disabilities”), and acknowledging diversity in celebrations are practical steps. Furthermore, making language review a regular part of policy updates ensures ongoing inclusivity and helps the condominium corporation adapt to evolving societal norms and legal expectations.

Considering the potential for human rights complaints and the importance of fostering an inclusive community, contact Cohen Highley LLP to initiate a comprehensive language audit of your condominium’s governing documents and rules.

If you have any questions, please contact Laura Gurr at 519-672-9330 or .

Laura Gurr is a partner with Cohen Highley LLP in London, Ont. Cohen Highley has offices in London, Kitchener, Windsor, Sarnia, Stratford and Strathroy. Laura provides risk management and regulatory compliance advice to condominium corporations, property management companies and non-profit housing providers