Community associations frequently rely on injunctive relief to enforce restrictive covenants. Traditionally, Florida courts have held that the availability of “self-help” remedies does not, in itself, constitute an adequate remedy at law sufficient to defeat a request for an injunction.
However, recent case law has highlighted a developing conflict in how courts analyze this issue.
“Self-help” generally refers to actions that an association may be authorized to take under its governing documents, such as directly entering a property to correct violations. Historically, even where this right has existed, courts have still permitted associations to pursue injunctive relief, recognizing that self-help may not be practical, sufficient, or even safe in certain circumstances. It is important to note that not every association can engage in “self-help.” Please make sure to speak with your association attorney to determine whether you have that ability and how the recent decisions in the State of Florida affect your community specifically.
Recent decisions reflect a shift in the analysis throughout the State of Florida:
- Mauriello v. Property Owners Association of Lake Parker Estates (Second District Court of Appeal). Because the association’s declaration gave it the option to remedy the alleged violation itself, the association could not prevail as it was required to exercise “self-help” rather than pursue injunctive relief.
- Binding in: Pasco County, Manatee County, Sarasota County, DeSoto County, and Hillsborough County.
- McConico v. Morgan’s Mills Property Owners Association, Inc. (Sixth District Court of Appeal): Where the declaration provides the option of using “self-help” and performing the necessary maintenance and repairs, injunctive relief is not proper as the association had an adequate remedy at law.
- Binding in: Orange County, Osceola County, Polk County, Hardee County, Highlands County, Charlotte County, Glades County, Lee County, Hendry County, and Collier County.
- Mooney v. Color Le Palais of Boynton Beach Homeowners Association, Inc. (Fourth District Court of Appeal): The court found that an association can seek injunctive relief to enforce its covenants, even when the declaration allows for a “self-help” remedy.
- Binding in: Palm Beach County, Broward County, Indian River County, Okeechobee County, St. Lucie County, and Martin County.
The conflict between the courts creates uncertainty for associations seeking to enforce covenants. The presence of a “self-help” provision in governing documents may now be raised as a defense to injunctive relief, depending on the county where your association is located.
What does this mean for your association?
Consult legal counsel early to assess the best enforcement approach based on current case law.
- Strategic enforcement decisions are more important than ever, including whether to pursue court action or alternative remedies.
- “Self-help” provisions may be scrutinized in litigation, particularly in the context of irreparable harm.
- Do not assume injunctive relief will be granted automatically, even in clear violation cases.
As Florida courts continue to address this issue, associations should be mindful that enforcement strategy, particularly the existence and use of self-help provisions, may directly impact litigation outcomes.
Ansbacher Law continues to monitor these developments closely and is available to assist with enforcement strategy and covenant compliance issues.