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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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D.J. Fredericks

D.J. Fredericks joined our practice as an attorney in 2010 after clerking for this law firm during his studies at Stetson University College of Law. D.J. graduated from Stetson University College of Law in 2010 where he had a special interest in Probate and Estate Law. Prior to joining this firm as a law clerk in 2009, D.J. was a teacher at Admiral Farragut Academy in St. Petersburg, Florida, where he taught multiple subjects. He has also published writings on the National Clearing House for Science and Technology and the Law website. D.J. personally assists the partners in providing various services to our Association clients, as well as collaborating in litigation and arbitration.

Email:

General:
Email
law@lobeckhanson.com

D.J. Fredericks
Email
dfredericks@lobeckhanson.com

 
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