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Michael L. Hyman, with Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, PA Michael L. Hyman, with Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, PA

South Florida’s flooding woes are well documented, and the flood warnings at the start of this year’s rainy season in mid-May were a reminder that the problem continues to grow worse with every passing year. For HOAs governing sprawling communities, maintaining the property’s drainage and water management system is a vital requirement of their covenants with their unit owners.  Recent decisions by circuit and appellate courts illustrate that Florida’s courts will issue mandatory injunctions to force associations to do their duty to maintain drainage systems, and the appellate ruling also demonstrates that HOAs will be held liable for the legal fees and costs of their homeowner plaintiffs in these actions.

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