The Appellate Group

Labor Comm’n v. FCS Comty. Mgmnt.

Labor Comm’n v. FCS Comty. Mgmnt., 2024 UT App 14 (Mortensen, J.)

Administrative Law

This case presents the question of whether a homeowner association constructively denied an accommodation request for comfort chickens when keeping poultry was expressly prohibited by the community’s covenants. On stipulated facts, the district court ruled that the HOA had constructively denied the accommodation, and, as a result, the court confirmed damages, attorney fees, a civil penalty, and remedial relief. The Utah Court of Appeals reversed, holding:

  • The HOA did not constructively deny the accommodation request for comfort chickens because (1) it allowed the homeowner to enjoy the benefit of their request during the pendency of the investigation, (2) it did not punish them for keeping the chickens during the interim period, and (3) it ultimately granted an accommodation that UALD found reasonable.

Read the full court opinion