The appellate panel of the First District Court of Appeal was divided in its recent ruling involving a Fair Housing Act discrimination complaint by a wheelchair-bound unit owner against his condominium association. The majority and dissenting opinions in the case highlight the unpredictable nature of FHA litigation for unwary associations.

The decision came in the case of Harbour Pointe of Perdido Key Condominium Association v. Henkel, which originated from a housing discrimination complaint filed by James Henkel with the Florida Commission on Human Relations pursuant to the Fair Housing Act. Henkel alleged that the association committed discriminatory housing practices by making modifications to the closing pressure of doors that rendered many of the common areas at his condominium inaccessible to him.

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