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

I concur with the decision to reverse the circuit court’s order but write separately because I believe mandatory injunctive relief — and all that it will entail — is warranted here only bécause section 718.303(1), Florida Statutes (2011), authorizes this extraordinary civil remedy in cases such as this one.

From the record it appears that the Amelios have suffered some degree of moisture intrusion in their condominium unit for the past several years as a result of some problem, yet to be definitively diagnosed, with their building’s floor slab. Whatever the exact source of the problem may be,…