Navigating Disability Access in Queensland Body Corporates

As our communities become increasingly diverse, body corporates in Queensland face growing challenges in ensuring their buildings are inclusive and provide disability access for all residents. A recent webinar highlighted the complex intersection of disability rights and body corporate legislation, offering valuable insights for strata managers, owners, and committee members. Brendan Pittman from Grace Lawyers and Will Marquand from Tower Body Corporate explored the legal framework and practical solutions for addressing disability access issues in Queensland.

The Knox Case: A Landmark Decision

In the Knox case, a significant ruling by the Queensland Civil and Administrative Tribunal (QCAT), underscored the applicability of anti-discrimination laws to body corporates in Queensland. A resident with a disability faced numerous barriers in accessing common areas of her high-rise building, including issues with stairs, doors, and the swimming pool. QCAT found the body corporate liable for indirect discrimination and ordered the installation of a pool hoist.

"The Knox case is a wake-up call for bodies corporate," explained Brendan Pittman. "It demonstrates that the anti-discrimination laws in Queensland apply to the services and accommodation provided by bodies corporate, and they have a duty to act reasonably in addressing accessibility issues."

The webinar emphasised the importance of bodies corporate taking a proactive approach to identifying and addressing potential disability access challenges in Queensland. This can be achieved through independent disability access audits, which can help committees understand the risks and budget for necessary improvements to common property.

"It's not just about maintaining the building to the standards it was constructed to," said Will Marquand. "Body corporates need to consider the needs of residents with diverse abilities and make reasonable adjustments to ensure everyone can access and enjoy the common facilities."

Key Actionable Items: Disability Access in Queensland a Body Corporate

The committee should speak with their body corporate manager or seek legal advice on the following:

• consider getting a disability audit report to identify potential accessibility issues in common property.
• explore options like alternating meeting locations or providing online access to make committee meetings more accessible.
• provide explanatory notes with motions related to accessibility improvements to help owners understand the legal risks and obligations.
• Avoid outright rejection of disability-related requests and instead take a reasonable approach to explore possible solutions.
• provide more helpful and considerate responses to residents with disabilities, rather than defaulting to the building's original construction standards.

Emotional support or assistance animals

The discussion also touched on the complexities surrounding emotional support animals and the body corporate's obligations to accommodate residents with disabilities. Body corporates can request evidence of the need for an emotional support animal, but they must be mindful of their responsibilities under the law.

You can watch the recording of the webinar in full for more detailed information about:

• the aging population, increased density, and the challenges posed by outdated buildings.
• the specific attributes covered by the Act and the process of determining indirect discrimination.
• the specific challenges faced by Ms Knox and the tribunal's reasoning for its decisions.
• the legal and practical considerations for accommodating assistance and emotional support animals.
• more specifics on conducting disability audits, developing accessibility plans, and communicating with residents.

As our population continues to age and the demand for accessible living spaces increases, body corporates in Queensland will need to navigate disability access issues with care and consideration. By staying informed, proactive, and open to reasonable adjustments, strata communities can ensure they are inclusive and welcoming.