Civil Rights Act

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Grill Fire
Facts

Defendant, Acacia on the Green (“Association”), is a 273-unit condominium in Ohio.  The Association has a common grilling area because the Association bans grills on patios and balconies because of, among other things, the fire code.  Weiss and Phillips, two Unit Owners, wanted grills on their patios: Weiss asked for a grill and demanded a grill repeatedly over a five-year period and was denied.  Weiss was then diagnosed with lymphoma, had to undergo chemotherapy, and learned he had an immune deficiency.  Weiss took medication for his lymphoma, but did not use a cane or other mobility aid.  Despite his ability to walk, Weiss claimed he had episodes when he was only able to walk a few steps within his unit.  In 2018 Weiss sent a letter from his doctor to the Association Board which stated:

The accommodation for Mr. Weiss to have a grill on his patio is necessary due to his disability from cancer and CVID.  These two diseases substantially affect Mr. Weiss’s ability to walk.  The accommodation will give him full use and enjoyment of his unit.

Phillips also claimed to be handicapped and in need of having a grill on her patio.

When both Unit Owners’ requests were denied, they sued alleging that their requests to have gas grills on their patios was reasonable and imposed little, if any, burden on the Association.  The complaint also alleged that the denials caused a “disruption to their full enjoyment and use of their respective dwellings,” as well as emotional distress.
Continue Reading YES Associations Can Deny a Request for a Reasonable Accommodation Under the FHA and WIN!!!

Fair Housing
Facts

Plaintiff, Harmony Haus and a resident, sued Defendant, Parkstone Property Owners Association (“Association”) under the Fair Housing Act (“FHA”) seeking an injunction and attorney fees for violation of the Civil Rights Act.  Association counter sued alleging breaches of deed restrictions.  Plaintiff is a sober living residence for individuals recovering from alcoholism and drug addiction.  Plaintiff residents come directly from an inpatient treatment center.  Association argued Plaintiff was violating its “single family residential use,” its noise and nuisance provisions and its unsightly vehicle provision.  The board of the Association can enforce any violation with a fine.  Plaintiff’s seek exceptions to the Declaration under the FHA by requesting reasonable accommodation, with the specific accommodation to allow 12 residents and 8 cars to be parked on the street.  The Association contends the 8 cars is unsafe and that 12 residents would create an imposition on community resources.  Plaintiff claims the need for 12 residents to reach “critical mass” for its phasing recovery system, so more established residents can mentor newer ones.
Continue Reading Can a Group Home be Built in a Single Family Association under the FHA – YES