Aging in Place

By 2041, it is projected that 25% of Ontario’s population will be 65 years or older, almost doubling from 3 million seniors in 2016.[1] As Ontario’s population ages, many seniors prefer remaining in their home or community for as long as possible rather than moving to assisted living facilities or other care environments. This preference is referred to as ‘aging in place’. In Ontario, specific legislation and considerations come into play when discussing the feasibility and legalities of aging in place in a condominium setting. This article explores the relevant laws, rights, and best practices to support aging residents in Ontario condos.

The Appeal of Condominium Living for Seniors

There is no doubt that condominium living offers several advantages for seniors as many condominiums boast amenities like fitness centers and pools, enhancing residents’ quality of life. Security is often heightened compared to single-family homes, providing peace of mind. Additionally, the maintenance-free lifestyle allows seniors to enjoy their retirement without the burden of exterior upkeep. For those seeking urban convenience, condominiums often offer prime locations with easy access to shops, restaurants, healthcare, and public transportation.

Challenges of Aging in Place in Condominiums

            While condominiums offer many advantages for seniors, aging in place with these residences presents unique challenges. Accessibility can be a significant issue, particularly in older buildings that may lack essential features like elevators and grab bars, making it difficult for seniors with mobility challenges to navigate their living spaces. Additionally, while condominiums provide opportunities for social interaction, the risk of social isolation remains a concern, underscoring the need to foster a stronger sense of community within the building.

As many seniors downsize when moving to a condominium, their needs often evolve with age, potentially requiring additional space for mobility aids or in-home care services. Finally, rising condominium fees and property taxes can strain seniors’ budgets, making it increasingly difficult to maintain their homes as they age.

However, it’s important to remember that accessibility is not synonymous with aging. While accessibility features are often associated with older adults, they benefit people of all ages, including residents, owners, directors, and employees. Moreover, many seniors do not have disabilities. Therefore, when communicating with stakeholders—such as owners, residents, employees, directors, and property management—condominium corporations should avoid framing accessibility measures as being solely for aging residents. Doing so could inadvertently lead to age-based differential treatment.

            Additionally, condominium corporations face unique challenges when dealing with incapacitated or deceased unit owners. For those experiencing cognitive decline, establishing a power of attorney is crucial. In the absence of one, the corporation may need to involve family members, friends, or the Office of the Public Guardian and Trustee. When a unit owner passes away, the corporation must have clear procedures in place, including obtaining emergency contact information. While respecting a deceased owner’s will, the corporation must also protect the building and pursue outstanding fees. Developing a policy for managing such situations is essential for managing these situations effectively.

Relevant Legislation and Regulations

Several key statutes govern accessibility in Ontario’s condominium corporations. The Ontario Human Rights Code (“The Code”) protects individuals from discrimination based on a number of different grounds, such as age, race, gender, sexual orientation and disability. This requires condominium boards and management to accommodate the needs of aging residents, provided that such accommodations do not impose undue hardship.

The Accessibility for Ontarians with Disabilities Act (“AODA”) mandates that public spaces, including common areas within condominiums, be accessible to individuals with disabilities. This includes ensuring that pathways, entrances, and amenities are designed or modified to meet accessibility standards. Compliance with the AODA is not only a legal obligation but also a vital part of supporting aging in place for condo residents.

Lastly, the Condominium Act, 1998 governs the management and operation of condos in Ontario (“The Act”). It outlines the responsibilities of the condo board and management, including the maintenance and repair of common elements. The Act allows for modifications to units and common elements to accommodate residents with disabilities, as long as these modifications are approved by the condo board and comply with existing bylaws and regulations.

Ontario's Role in Supporting Aging in Place

The Ontario government has recognized the importance of supporting seniors' ability to age in place. Several initiatives have been implemented to address the challenges faced by seniors in condominium living:

• Accessibility Standards: Efforts have been made to improve accessibility in public spaces and housing to accommodate the needs of seniors with disabilities.[2]
• Home Care and Support Services: In 2022, the Ontario government invested an addition $1 billion over the next 3 years to further expand home care. As such, the government provides various home support services, including personal care, nursing, and housekeeping, which can help seniors maintain their independence in their homes.[3]
• Financial Support: Programs like the Ontario Disability Support Program (“ODSP”) and the Guaranteed Income Supplement (“GIS”) provide financial assistance to seniors with limited income.
• Senior’s Housing: The government has supported the development of various housing options, including retirement residences and supportive housing, to meet the diverse needs of seniors.

Creating Age-Friendly Condominiums

To make condominiums more suitable for seniors, building owners, property management companies, and residents can take the following steps:

• Accessibility Modifications: Residents may need to modify their units to improve accessibility. This could include installing grab bars, widening doorways, or renovating bathrooms to include walk-in showers. Condo boards must review and approve such modifications, ensuring they meet safety standards and do not negatively impact the building’s structure. Additionally, ensuring that common areas like lobbies, hallways, and recreational facilities are accessible is crucial. This might involve installing ramps, elevators, and automatic doors, or ensuring that furniture and fixtures are arranged to accommodate mobility devices.
• Health and Safety: Implementing health and safety measures, such as emergency response systems, adequate lighting, and slip-resistant flooring, can help prevent accidents and support the well-being of aging residents.
• Support Services: Providing information about available support services, such as home care, meal delivery, and transportation, can help residents maintain their independence. Condo boards can collaborate with local organizations to facilitate access to these services.
• Community and Social Engagement: Encouraging social interaction and community engagement is vital for the mental and emotional well-being of aging residents. Organizing social events, wellness programs, and community activities can help foster a supportive environment.

Challenges for condominium boards

Condominium boards face significant challenges in managing aging communities and buildings, where individual unit owners share common property and responsibilities. As the condominium and its residents age, issues related to maintenance, repairs, accessibility, and legal compliance become increasingly important. Condominium boards need to carefully consider the interplay between people, property, and legal frameworks such as the Condominium Act, the Ontario Human Rights Code and Accessibility for Ontarians with Disabilities Act.

This includes understanding the financial implications of aging assets, such as reserve funds, and ensuring compliance with relevant laws and regulations. Property management, lawyers, engineers and accountants may be able to assist in identifying requirements and solutions to manage risks. Ultimately, the goal is to create a living environment that is both sustainable and accommodating to the needs of an aging population.

Best Practices for Condo Boards

• Proactive Planning: Condo boards should proactively plan for the needs of aging residents by conducting accessibility audits and incorporating modifications into long-term maintenance and renovation plans.
• Communication and Education: Clear communication with residents about their rights, available accommodations, and the process for requesting modifications is essential. Providing educational resources and workshops on aging in place can also be beneficial.
• Collaboration with Professionals: Engaging with accessibility consultants, healthcare professionals, and legal advisors can ensure that the needs of aging residents are met in compliance with relevant laws and best practices.
• Policy Development: Developing and implementing policies that address aging in place, including guidelines for modifications, emergency procedures, and support services, can help create a structured approach to accommodating aging residents.

University Health Network’s Naturally Occurring Retirement Community Innovation Centre

                The University Health Network (“UHN”) has established the NORC Innovation Centre (“NIC)”, which proposes solutions to challenges faced by older adults as they age in place, particularly in naturally occurring retirement communities. The NIC aims to design and implement a new model for aging in place by integrating health and social care directly into the residential settings where older adults live.

                The solution proposed involves leveraging existing services and technology, empowering residents to co-design supports tailored to their needs, and creating a strong sense of community. The NIC will work with early adopter sites, including co-op buildings, social housing, and condos, to test and refine this model, with the goal of expanding it across Canada and beyond. The article suggests that this approach is not only more efficient but also improves the quality of life for older adults, reducing the need for hospitalization and institutionalization.

Additional Resources

There are many resources available to assist residents and corporations, such as A Guide to Programs and Services for Seniors in Ontario (“The Guide”). You can get a complimentary copy of the through Elia Associates PC. The Guide provides information on programs and services aimed at helping older adults in our province to stay healthy, safe, active and engaged. It details active living, caregiving, finances, health and wellness, housing, long-term care homes, safety and security, transportation, and key contacts.

Conclusion

Aging is inevitable but there are many ways to manage it gracefully. Aging in place within a condo setting in Ontario is a multifaceted issue that requires attention to legal requirements, accessibility standards, and the well-being of residents. By understanding and adhering to the relevant legislation, and by implementing thoughtful and proactive measures, condo boards and management can create an environment that supports aging residents, allowing them to live comfortably and independently in their homes for as long as possible.

If you have any questions, please do not hesitate to contact anyone on our team: