Scoggins v. Lee's Crossing Homeowners Assoc., No. 11-2202 (4th Cir. 2013)
Annotate this CasePlaintiffs and their son appealed the district court's summary judgment holding that they were not entitled under the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601-3631, to an accommodation and a modification that they requested from the HOA. Plaintiffs had requested a modification to add a ramp leading to the front door of their home for use by their son, who required the use of a wheelchair. Plaintiffs also requested an accommodation to an HOA policy prohibiting the use of certain types of vehicles to allow the son to use an ATV within the community. The court vacated the district court's holding on the merits of the modification request for the wheelchair access ramp because that claim was not ripe; affirmed the district court's holding with respect to the accommodation request for permission to use an ATV because that request was not "reasonable" within the meaning of the Act; and affirmed the district court's denial of defendants' request for attorneys' fees and costs.
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