A body corporate must consider anti-discrimination in its decision-making

Share our similarities, celebrate our differences – M. Scott Peck

The issue of discrimination can arise in a number of circumstances in a body corporate, commonly relating to access to facilities.

In Knox v Body Corporate for 19th Avenue CTS 6625 (Knox) the Queensland Civil and Administrative Tribunal held that a body corporate’s duty to maintain the common property, ‘includes making improvements to common property in certain circumstances’ and ‘the maintenance of and access to common property including the building, foyer and basement’ ‘for the benefit of individual unit owners’.

In Knox, the complainant had the ‘attribute’ of being impaired for the purposes of the Anti-Discrimination Act 1991 (Qld) (ADA), having suffered a stroke which resulted in a partial loss of her bodily functions to walk and move, such that she is essentially confined to a wheelchair. The Tribunal ordered the body corporate to install a pool hoist to provide her with access to the pool.

What this means for you

Where the ADA is a relevant consideration for a body corporate making a decision, we think best practice is to:

1. obtain information about the occupier’s impairment;
2. where the occupier is impaired, obtain information about:
   • the nature of the special services or facilities;
   • the costs to supply those and the number of people who would benefit or be disadvantaged;
   • the disruption that supplying those might cause; and
   • the nature of any benefit or detriment to all people concerned; and
3. take that information into account, along with the financial circumstances of the occupier and the Body Corporate, documenting the reasons for the decision.

A body corporate may want to seek legal advice, particularly where the factors are finely balanced.

To discuss this topic, or body corporate issues more generally, contact our friendly team.

Read more Body Corporate Tips:

• A body corporate must consider anti-discrimination in its decision-making
• Commissioner’s Office jurisdiction is not unlimited
• Reallocation of Exclusive Use Areas must be lodged within 3 months
• Steps to take for non-compliance with maintenance obligations
• Use by-laws to enforce Development Approval compliance