McConico v. Morgan's Mill Property Owners Association, Inc.
A homeowners' association obtained a mandatory injunction requiring a homeowner to clean and repair the exterior of her home and lot under the declaration's maintenance covenant. The Sixth DCA reversed, holding that because Section 5.6 of the declaration expressly gave the association the option to perform the maintenance itself at the owner's expense, secured by an assessment and lien, the association had an adequate remedy at law and could not resort to equity. The court directed entry of an order of dismissal.
Key facts
- Homeowner failed to clean and repair the exterior of her home and lot in violation of the homeowners' association's declaration maintenance covenant.
- The trial court granted the association's request for a mandatory injunction requiring the homeowner to perform the cleanup and repairs.
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Why it matters
The Sixth DCA aligns itself with the Second DCA's Mauriello decision and extends its reasoning to the merits posture, giving homeowners a strong dismissal argument whenever a declaration contains an association… — full analysis with a trial
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