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The Association’s Strong Hand for the Removal of Non-Approved Structures (FL)

Enforcing HOA restrictions can be a formidable task, implicating myriad overlapping declaration provisions, association rules, and Florida law. And going to court to get injunctive relief – a court order requiring an owner to comply – can seem even more daunting. The elements that are required to establish a basis for injunctive relief are: (1) a clear legal right which has been violated; (2) irreparable harm; and (3) lack of an adequate remedy at law. Amelio v Marilyn Pines Unit II Condo Assn, 173 So.3d 1037 (2nd DCA 2015). Typically, a party must provide evidence for each of these elements just to establish the party’s legal right to seek injunctive relief from the court.    Read the article…………………………….

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