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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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Dan Lobeck

Since 1980, Dan Lobeck's legal practice has been devoted almost exclusively to representing condominium and homeowners associations and similar clients. Prior to that, he was on the staff of the Bureau of Condominiums in Tallahassee, where he had primary responsibility for proposing and drafting new rules and statutes. He has been active with various statewide organizations which seek to influence condominium law, including service as state legislative chairman of Community Associations Institute.

During the time he was with the state and since he has been in private practice, Dan Lobeck has been responsible for preparing many of the amendments to the Condominium Act and rules of the Bureau of Condominiums which were adopted during that time. He has also lectured extensively on topics of Association law, is frequently invited to present seminars for attorneys, and co-authored a Florida Bar condominium law textbook for attorneys. He also maintains contacts in local government and in 1998 was named by Gulf Coast Business Review as one of the fifty most influential business people in Sarasota and Manatee Counties.

Email:

General:
Email
law@lobeckhanson.com

Dan Lobeck:
Email
dlobeck@lobeckhanson.com

 
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