Lobeck & Hanson

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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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Construction Defects Claims:

Lobeck & Hanson has substantial experience in assistance to our clients in pursuing claims for defective construction and design of building components. We work with the engineer or other construction consultant in identifying building code violations, downgrades from the government-approved plans and specifications, shortcomings from accepted industry standards and other defects for which the developer, contractors, suppliers and design professionals may be liable.

We then assist the Association in presenting the claims to the liable parties in the manner required by Chapter 558, Florida Statutes and seeking a negotiated settlement where possible, either by cash payment or (more often) a written agreement for the timely performance of certain detailed repairs. We also litigate construction defect claims for our clients and advise as to applicable warranty periods and statutes of limitations.

In addition to claims based on defects in common elements and other common property, an Association may have a claim under certain circumstances for defects common among all or most owners for property owned by the owners. In assisting our clients in construction defect claims, our goal remains (as always) to obtain a cost-effective result.

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