“Injunctive Relief” Affords HOAs and Their Members a Means for Enforcing Governing Documents

“Injunctive relief” is a form of equitable relief that is granted by a judge pursuant to a court proceeding involving issues where monetary relief in the form of money damages will not be adequate because the conduct being complained of is of a continuing nature. Thus, through an action for injunctive relief, an association or an association member can seek to have a covenant in the association’s governing documents enforced. If the judge grants the injunction it will render orders that either bar the offending party from continuing to violate the particular covenant, or mandate that the offending party perform some act. When injunctive relief is sought, it is not necessary to prove monetary damages or that actual or substantial injury has been caused. Proof of the violation of governing documents is all that is necessary to entitle a party to seek injunctive relief.