Injunctions in Florida Real Estate Litigation

It is critical that owners remain vigilant of their rights as more and more Complaints for injunctions continue to be sought by Homeowner Associations and Condominium Associations to compel compliance with the governing documents such as the declaration, and/or rules and regulations.

Injunctions are Extraordinary and Drastic Remedies

Injunctions are an “Extraordinary Remedy” and should be used only when there is no less restrictive means to remedy the situation.  

What are the Elements necessary for Injunctive Relief?

The elements necessary for a party to obtain an injunction are:

1) a substantial likelihood of success on the merits; 

2) lack of an adequate remedy at law; 

3) irreparable harm absent the entry of an injunction; and 

4) injunctive relief will serve the public interest.

Moreover, the Florida Rules of Civil Procedure require that every Complaint seeking an injunction state the precise reason why it should be entered and must also state in detail the act or acts complained of. Moreover, an order that is entered by the court granting the injunction must state the precise factual findings that support each element of the injunction.

Learn more about real estate litigation here. https://www.flforeclosuredefensefirm.com/practice-areas/real-estate-and-foreclosure-defense/real-estate-litigation/

Contact Port Orange real estate lawyer Andrew J. Pascale now to determine your best course of action when facing an injunction. This blog does not constitute legal advice and is for illustrative purposes only.