Owner’s Violation of Unit Occupancy Limit Causes “Irreparable Harm”

This case involved a dispute between a condominium owners association (“Association”) and the owners of a unit within the condominium association (“Owner”) over Owner’s right to have more than six people occupy their condominium unit. Association’s Declaration contained a provision limiting the occupancy of a unit to a maximum of six people. In disregard of the limitation, Owner was renting out his unit to up to ten people at a time, so Association filed suit seeking an injunction to prohibit Owner from renting the unit to more than six people.

In considering the case, the trial court addressed the issue of whether Association could satisfy the requirements of showing “irreparable harm” if the injunctive relief were not granted, and that the balance of equities weighs in favor of issuing an injunction. In defining “irreparable harm,” the court stated, irreparable harm “consists of harm for which there can be no adequate recompense at law, i.e., an award of compensatory damages will not suffice.”

In addressing the “irreparable harm” issue, Association contended that absent the requested injunctive relief, the other units whose interests Association represented in bringing the action, because Owner’s continued breach of the occupancy limitation contained in the Declaration diminished the other unit owners enjoyment of their own property. Association argued that Owner’s conduct increased crowding in the common areas and the possibility of disruptive group rentals, and absent a grant of the requested injunctive relief, there would be no way to stop Owner from renting to more than six people.

Considering these facts, the court concluded:

Subscription Required to Continue Reading

To view the full HOA Featured Article, you must have a Subscription with HOA Member Services

Become a Member

Personal Monthly

$ 12.70 /month
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Personal

$ 97 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • 25% OFF Download Forms
  • 1 User

Pro

$ 297 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • 1 User

HOA Team

$ 347 Annual
  • Access to over 600 Articles & Case Decisions
  • Access to hundreds of Resources
  • HOA Newsletter
  • Free Copy of HOA LIVING
  • Free Unlimited Access to Download Forms (save $1000s!)
  • Unlimited Personal Support from HOA Attorney
  • Up to 10 Users
Shopping Cart

Get Your FREE
HOA Living Guide

 Get ready to level up your community! Dive into our guide for homeowners and management personnel in neighborhoods run by homeowners associations. Download now for essential tips and exclusive resources— improve your community with one click! 

Success, check your email for your guide!

Scroll to Top