Once having shown the installation and lack of approval, the presumptive right to an injunction is met, and the burden then shifts to the owner. However, if an owner has installed or constructed an improvement on his property, without the requisite association approval (or was denied and proceeded anyway), Florida courts have found that the existence of the non-approved structure itself is sufficient to establish an association’s prima facie case, that is, to state its claim for injunctive relief. Typically, a party must provide evidence for each of these elements just to establish the party’s legal right to seek injunctive relief from the court. Amelio v Marilyn Pines Unit II Condo Assn, 173 So.3d 1037 (2nd DCA 2015). The elements that are required to establish a basis for injunctive relief are: (1) a clear legal right which has been violated (2) irreparable harm and (3) lack of an adequate remedy at law.

And going to court to get injunctive relief – a court order requiring an owner to comply – can seem even more daunting. Enforcing HOA restrictions can be a formidable task, implicating myriad overlapping declaration provisions, association rules, and Florida law.

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