Lobeck & Hanson

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Construction Defect Claims
Document Revisions
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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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Document Revisions:

Lobeck & Hanson frequently assists our clients in preparing revisions to their governing documents, whether specific amendments or complete revisions. Our fee is normally $5,000 for the first draft of a complete revision of the Declaration, Bylaws and Articles of Incorporation.

In such a revision, we seek to update the documents to conform to current law, to delete obsolete developer references, to eliminate ambiguities and to improve the clarity and usefulness of the documents. We also advise on proper amendment procedures and assist clients where requested in obtaining unit owner approval (and where required, mortgage approval), as well as in properly recording the amendments once adopted. Also, it is very important to have documents which are clear and understandable, as ambiguous restrictions and procedures create a risk of the Association losing in an enforcement action.

Updated condominium documents can help the Association operate much more smoothly and provides an improved image and better marketing tool for owners seeking to sell their units.

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