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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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Leah Ellington

Leah Ellington joined our firm after service with another law practice in St. Petersburg. She earned her Juris Doctorate from Stetson University College of Law, where she was a student editor for the Journal of International Wildlife Law and Policy and was active in several campus organizations. Leah was the recipient of the Hearne Environmental Law Award, the William F. Blews Pro Bono Service Award, an Equal Justice Works Summer Stipend and the inaugural Public Interest Summer Fellowship from the Florida Bar Environmental and Land Use Law Section. Leah was also a Biodiversity Fellow while in law school, completing projects concerning international law, treaties and conventions. Prior to that time, Leah worked for the Clean Water Network of Florida, a statewide environmental organization. Leah Ellington works with me in providing various services to our Association clients.

Email:

General:
Email
law@lobeckhanson.com

Leah Ellington
Email
lellington@lobeckhanson.com

 
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