Enforcement of Association Governing Documents Through Injunctive Relief

When a homeowners association or its homeowners need to enforce a covenant that is contained in the association’s governing documents monetary relief in the form of damages will not provide the necessary relief because most violations of governing documents are of a continuing nature. In such a situation the appropriate relief to be sought from the court is referred to as “Injunctive relief.” Injunctive relief is sought from a court to bar or prevent the offending party from violating the covenant in question, or to prevent some other conduct. An action seeking Injunctive relief may be filed by either the homeowners association or by individual homeowners.

If the Injunctive relief that is necessary is intended to direct the offending party to perform a particular act, such as removing an illegally constructed structure, a “mandatory injunction” is requested. If a mandatory injunction is ordered by a court and the […]