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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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Kevin Coleman

Kevin Coleman is a litigation attorney of the firm and also assists in other matters. Prior to joining Lobeck & Hanson, Kevin practiced family law and was a prosecutor in Pinellas County. Kevin has extensive trial experience, having tried felony, misdemeanor and divorce cases. During his time as a prosecutor, Kevin served as a lead trial attorney in which position he managed a unit of misdemeanor prosecutors. Kevin received his law degree from the Florida State University, where his distinguished writing abilities earned him a position on the Business Review legal journal and the Book Award for receiving the highest grade in his Legal Writing course. Kevin graduated with high honors from the University of Miami.

Email:

General:
Email
law@lobeckhanson.com

Kevin Coleman
Email
kcoleman@lobeckhanson.com

 
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