Homeowner Argues That Prohibiting a Barbeque Constitutes Disability Discrimination

This case involved a dispute between two condominium association members (“Owners”) and their condominium association (“Association”) over Owners’ entitlement to an accommodation from Association’s rules that prohibited the use of barbeques or grills on patios and balconies within the development. Owners sued Association, its board members, and certain employees under the Federal Fair Housing Amendments Act (“FHAA”) and an analogous Ohio statue contending that they were disabled, and that the denial of their requested accommodation amounted to disability discrimination.

The trial court granted summary judgment in favor of the defendants after finding that one of the owners failed to show that the requested accommodation was necessary to afford her an equal opportunity to use and enjoy her dwelling, and neither Owner established that their requested accommodations were “reasonable” under the FHAA. Owners appealed the trial court’s decision.

On review, the appellate court stated: