Can a condominium corporation grant an assignment of an indoor parking space to a person with a disability?

In the case of Ganser v. Rosewood Estates Condominium Corporation[7], the complainant was the owner of a condominium, which at the time of purchase included the assignment of an indoor parking space. Changes to the condominium bylaws resulted in the loss of the complainant’s indoor parking space since the new bylaws required that, in order to be eligible for a parking assignment, a resident owner must hold a valid drivers’ license, own a vehicle, have insurance and drive their vehicle regularly. The complainant’s physical disabilities, namely severe macular degeneration and peripheral vascular disease as well as hearing loss that required the use of hearing aids, spinal stenosis and a form of cancer of the blood individually or as a whole, greatly impacted her ability to manage her day to day activities. Further, as a result of these medical conditions, the complainant would not qualify to hold a valid drivers’ license, subsequently making her ineligible to operate a vehicle.