If you are a condominium property manager, your unofficial job titles likely include Noise/Smell Investigator, Parcel Traffic Controller, Part-time Social Worker, and Chief Catastrophe Officer (e.g., the person everyone emails on a weekend when an elevator stops working). The role is an endless cycle of customer service, community building and crisis management. You are expected to do it all with a smile and a cheerful attitude. And this is exactly why your own mental well-being at work is not just a nice added bonus. It’s a necessity. It’s a right.

The Law, in One Elevator Pitch

While no right to mental well-being is explicitly recognized in Canadian legislation, mental health disabilities are protected under provincial anti-discrimination laws. Under Ontario’s Human Rights Code, the term “disability” includes mental health disorders.1 That means that substance use disorder, major depression, PTSD, bipolar disorder and other psychosocial disabilities are protected grounds. Employers (including condominium corporations and property management firms) have a duty to accommodate disability to the point of undue hardship. There are two parts to that duty. The procedural duty requires employers to genuinely consider the needs associated with the mental health condition and to explore options for addressing those needs. The substantive duty requires the employer to provide reasonable accommodation that actually works. If an employer neglects either duty, it is offside the Code. 

A Note on Accommodation

Stigma and misunderstanding around mental health can make it very difficult for property managers to speak openly about their own needs and well-being. In the condominium industry, as in many others, it is often much easier to tell someone you have a cold or back pain than to admit you are dealing with burnout, anxiety, or another mental health concern. While no one would blame a property manager for becoming physically ill, mental health challenges are still too often met with unfair judgment and a lack of understanding.

It is important to remember that property managers have the right to fair and respectful treatment if they are experiencing a mental health issue. The Ontario Human Rights Commission policies are very clear. Accommodation for mental health disabilities is just as rigorous a requirement as accommodation for physical disabilities.2 The process and solutions should be individualized, respectful of dignity, and aimed at an employee’s full participation in the workplace. 

Accommodation is required to the point of undue hardship, having regard to considerations of i) health and safety, ii) cost, and iii) outside source of funding.3 This is a high threshold. Most mental health accommodations cost little and do not raise safety concerns. Employers must seriously evaluate accommodation options before claiming undue hardship.

One case, Lane v. ADGA Group4, should be required reading for anyone hiring or supervising staff. In that matter, the employee was fired after he disclosed he had bipolar disorder5 with potential episodes of mania. He was fired on the basis that he could not perform the responsibilities of his job. The Tribunal found discrimination because the employer barely investigated possible supports for the employee. As a result of the termination, the employer had to pay the employee close to $100,000 in damages. 

Here are some concrete ways in which condominium corporations and management companies can genuinely support building staff.

Create clear policies

Start with the basics. A workplace without clear policies is like a high-rise with no fire panel. Put clear policies in place. At a minimum, employers should have an anti-harassment and anti-violence policy that meets the Occupational Health and Safety Act requirements.

Train your People

No one learns how to manage people just by reading policies. Supervisors need periodic refreshers on the duty to accommodate. 

Normalize the Conversation

Supporting mental health in the workplace does not mean demanding that people share their life stories. It means giving them permission to speak up when they are struggling without worrying that it will label them as weak or ineffective. Remind employees that they never need to reveal a diagnosis in order to ask for help. An employer’s job is to respect their privacy to the extent possible and focus on what will help them do their best work. 

Document the Process

Condominiums run on documentation – incident logs, mechanical records, meeting minutes. Supporting staff is no different. When a staff member requests accommodation, involve the corporation’s lawyers in the process as quickly as possible. Ultimately, you should document what the employee requested, the information that was exchanged, the options you explored together, and what you ultimately implemented. An employer should never dismiss accommodation requests out of hand or make decisions on the fly.

Use Person-First Language

Language shapes the community culture. Make it standard practice to refer to someone as “a person living with a mental health issue” rather than using labels like “insane”. The goal is to acknowledge the person before their condition.

Similarly, if you hear stigmatizing comments or see behaviour that demeans or dismisses someone’s mental health condition, address it. You do not have to lecture anyone. Sometimes a simple reminder or gentle correction prevents harmful patterns from taking hold. A supportive environment starts with the leaders who create it.

Fake Emergencies

Emergencies happen, but not everything is an emergency. When issues arise after hours and can wait, let them. Encouraging directors and residents to understand what counts as urgent is one of the simplest ways to contribute to a healthy work environment.

Celebrate the Wins

Property management is full of invisible victories. Recognize them. A quiet thanks for a crisis handled well, a project completed smoothly, or a difficult resident situation resolved with tact goes a long way.

The Takeaway

Condominium property management is people-focused work. It can be intense and occasionally frenetic. Prioritizing mental health helps keep good property managers in the profession and builds calmer, healthier condominium communities. 

Maintaining good mental health in the workplace is not a luxury, a perk, or something people should have to “earn”. Every person has a right to feel safe, supported, and able to discharge their workplace duties without stigma or barriers. 

Buildings don’t stand without support, and neither do the people who care for them.
SR - 5364063.1
1. Section 10 of the Ontario Human Rights Code provides a broad, comprehensive definition of “disability,” covering mental disorders, including temporary, permanent, or perceived disabilities. It protects individuals from discrimination based on these grounds in employment, housing, services, and contracts.
2. The Ontario Human Rights Commission’s Policy on Preventing Discrimination Based on Mental Health Disabilities and Addictions, section 13, the Duty to Accommodate.
3. Section 17(2) of the Human Rights Code.
4. Lane v. ADGA Group Consultants Inc., 2007 HRTO 34.
5. Bipolar I Disorder is characterized by one or more Manic or Mixed Episodes, usually accompanied by Major Depressive Episodes: Diagnostic and Statistical Manual of Mental Disorders (4th ed. — Text Revision) at 345.

Deborah Howden is a partner in the Condominium Law Group at Shibley Righton LLP. Her practice involves all aspects of condominium law issues for condominium corporations of all sizes across southwestern Ontario, including providing general corporate advice to condominium corporations on governance, building deficiencies, shared facilities disputes and compliance issues. She sits on the CCI - Toronto Legislative Committee and the joint ACMO, CAI and CCI Safety and Security Committee. Deborah can be reached at deborah.howden@shibleyrighton.com.
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