PRACTICE AREAS

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Assessment Collections
Construction Defect Claims
Document Revisions
Association Meetings
Rules Enforcement
Neighborhood Protection
Contracts
Legal Advice

CASES WON

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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Contracts:

Lobeck & Hanson assists our clients in the preparation of contracts and in contract disputes. It is very important that whenever an Association contracts for management services, significant repairs, the lease of laundry facilities or any other purpose which substantially affects the association, that the contract be worded properly so as to protect the Association's interests.

Typically, the form of contract which is presented to the Association by a contractor will either omit important provisions or perhaps even be worded unfairly in the contractor's interest. This firm seeks instead to have contracts for its clients which better protect the Association's valid interest. It is far better to invest a little in the preparation of a proper contract than to later encounter a problem with the contractor and be left without adequate legal remedy.

In the event problems do arise with the contractor, such as in defective work, we assist our clients in identifying the problem, demanding a correction and seeking an appropriate settlement or other remedy. We also assist our clients in complying with the Florida Construction Lien Law. It is very important that an Association seek to comply with that law for any contract for repairs and improvements (including landscaping enhancements) over $2,500. If the Association fails to do so, it could end up paying twice for the same work by being exposed to claims by subcontractors and suppliers as well as the contractor.

 
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