Amelio v. Marilyn Pines Unit II Condominium Association, Inc.

FL · Florida Second District Court of Appeal

Member win · other

What happened

John and Annemarie Amelio owned a ground-floor Marilyn Pines Unit II condominium with excess moisture through the slab since about 2010. Leak detection and engineers attributed moisture to the slab (not unit plumbing). Counsel advised the board the slab was the association's responsibility; an exterior drainage system installed years later did not stop intrusion, and engineers again recommended a moisture barrier. The unit remained damaged and unlivable. The Amelios sued for mandatory injunction and damages; the circuit court denied the injunction. The Second DCA reversed, holding the elements for a mandatory injunction under § 718.303(1) were met.

What the court (or agency) held

Unit owners may obtain a mandatory injunction under § 718.303(1) compelling a condominium association to perform declaration-required common-element maintenance (here, stopping slab moisture intrusion). Clear legal right, irreparable harm, and inadequate legal remedy were shown where engineers repeatedly told the board the slab was its duty, partial fixes failed, and the unit remained uninhabitable—money damages alone would not stop ongoing intrusion. Denial of the injunction was reversed.

Why this matters for members

When engineers and association counsel assign a common-element defect to the association and partial repairs leave a unit uninhabitable, money damages may be inadequate and mandatory injunctive relief can compel the repair duty.

What the member did

Reported the condition, documented engineering recommendations assigning slab responsibility to the association, and sued for mandatory injunction under chapter 718.

Questions for the board

Questions for a lawyer

Citation

Amelio v. Marilyn Pines Unit II Condominium Association, Inc., 173 So. 3d 1037 (Fla. 2d DCA 2015); No. 2D14-2529 (2015-07-15). Florida Second District Court of Appeal. Outcome chip: other hub / secondary. Source: https://hallapproved.com/fl/cases/appeals/2015/2822300/

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.