Latest Case: Council of Association of Unit Owners of Pelican Cove Condominium v. Yeilding (Real Estate & Property Law)

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Council of Association of Unit Owners of Pelican Cove Condominium v. Yeilding

Docket: CA # 12793-VCG

Opinion Date: May 13, 2020

Judge: Glasscock

Areas of Law: Real Estate & Property Law

The Court of Chancery granted permanent mandatory injunctive relief sought by the Council for the Association of Unit Owners of Pelican Cove Condominium requiring Respondents, owners of Unit 7 in Pelican Cove, to comply with a six-person per unit maximum occupancy limitation located in the declaration of Pelican Cove recorded in the chain of title to the property, holding that the Council will continue to suffer some irreparable harm if a permanent injunction is not granted. Citing case law indicating that ongoing violation of a restrictive covenant may constitute irreparable harm, per se, the Court of Chancery held that other unit owners of Pelican Cove, represented by the Council, would suffer irreparable harm absent injunctive relief because Respondents' breach of the Declaration diminished other unit holders' own enjoyment of their property. Further, without injunctive relief, there was nothing to stop the occupancy of Unit 7 by more than six persons. The Court determined that the balance of the equities weighed in favor of issuing an injunction.