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.
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