Legal Opinion · Concurrence

Harbour Pointe of Perdido Key Condominium Ass'n v. Henkel

District Court of Appeal of Florida

Decided April 13, 2017No. CASE NO. 1D15-3123Published

1ConcurrenceOsterhaus, J.

I am sympathetic to the difficulties faced by Mr. Henkel at his condominium and wish that the lobby doors would better allow him to move freely in and out of the building. But the merits of Mr. Henkel’s legal case must turn on the terms of the statute under which he sued. The problem with his Fair Housing Act (FHA), 42 U.S.C. § 3601, et seq., claim is that the law doesn’t allow Mr. Henkel to visit his accessibility problems arising from the design and construction of his building upon a subsequent owner of his building, the respondent condominium association in this case.

To be sure, §…

2Cases cited1 opinion

  1. J. R. Harding v. Orlando Apartments, LLCCourt of Appeals for the Eleventh Circuit · 2014

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