Lobeck & Hanson

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Assessment Collections
Construction Defect Claims
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Association Meetings
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Neighborhood Protection
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They include the following:

A unit owner was required to remove a gas fireplace and copper tubing installed without the prior written approval of the Board, as required by the Declaration, despite an after-the-fact request and without examining whether denial of the request would be reasonable.

A lanai enclosure and slab extension were required to be cut back to the limits the Association had actually approved.

A county commission may not settle a zoning lawsuit with a developer without first considering resident comments at a public hearing.

A condominium association may assign exclusive use of common element parking spaces to unit owners and allow them to construct carports.

Under an appropriate Declaration provision, the use of a unit owned by a corporation may be limited to a designated single family or individual.

Absent agreement between an Association and a unit owner, the Association may not validly levy a commission, surcharge or other fee for unit rentals, other than a screening fee as allowed by state law.

Neighborhood testimony may form a sufficient basis to defeat a rezoning on grounds which include traffic impacts and compatibility.

The court entered a permanent injunction prohibiting a gate, gatepost or obstruction of any kind across a driveway easement for plaintiffs' residence.

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Association Meetings:

Lobeck & Hanson assists our clients, as requested, in the preparation of meeting notices, proxies and ballots, to meet the often complex requirements of state law. It is important that those laws are followed so that the business conducted by the Association will withstand any possible challenge by an aggrieved unit owner.

Attorneys of our firm are also called upon at times by our Association clients to chair Association meetings or to attend and assist the person who is chairing the meeting conducted it in a legal, fair and efficient manner. We also attend meetings to help explain proposals and answer questions, particularly concerning complex amendment packages.

We have often found that our presence at a meeting can help defuse what might otherwise be a contentious confrontation on a controversial issue. We also, when requested, attend and assist at meetings of the Association Board of Directors.

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