Court Articulates Requirements for Temporary Injunctive Relief Compelling Association to Make Repairs

This case involved an action by a condominium owner (“Owner”) against his condominium owners association (“Association”) and the owner of a hotel (“Hotel Owner”) that occupied the first 18 floors of a high rise building in which Owner’s condominium unit is located. Association governs the condominiums that occupy the top eight floors of the building pursuant to a recorded condominium declaration. The condominium declaration contains provisions relative to the responsibilities of Owner, Hotel Owner, and the individual condominium owners for the maintenance and repair of the complex.

Owner filed a complaint against Association and Hotel Owner for damages and injunctive relief as a result of damage caused by water intrusion into his condominium unit allegedly caused by the failure to properly maintain various common elements, including the roof. Owner contended that Association and Hotel Owner were responsible for the maintenance of the common area components in question and that they chose “quick and cheap fixes” that did not fix the water intrusion problems. As a result, Owner alleged that he was forced to vacate his unit to avoid exposure to toxic mold.

In his claim for injunctive relief, which sought to compel Association and Hotel Owner to make the required repairs, Owner alleged: (i) that he had no adequate remedy at law because he could not make the required repairs to the common area; (ii) unless the necessary repairs were ordered, he would be forced to continue to spend money to no avail to comply with mold remediation obligations that he had as an individual owner.

The trial court found: