Lobeck & Hanson

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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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Legal Advice:

Our philosophy is to seek to solve and prevent problems for our clients, rather than create them. We consider litigation and arbitration to be proper tools to obtain needed results, but seek also to provide advice and services which will minimize the need for such measures, where possible. We also seek to be direct and to the point, providing the information and recommendations which are needed without running up an excessive bill.

The partners of Lobeck & Hanson are two attorneys with over fifty years of combined legal experience. Dan Lobeck is the primary counselor to all of our association clients, providing services such as advice by telephone and correspondence, document amendments, demand letters, contracts and other general assistance. Mark Hanson primarily handles the firm's litigation and arbitration cases as well as representation of most of our non-association clients. Dan and Mark are joined by the firms capable Associate Attorneys, Michelle Rowe, Leah Ellington, and Scott Kalish.

Lobeck & Hanson has been recently awarded a "BV" rating by the national Martindale-Hubbell Law Directory, which is a "high to very high" rating in legal ability and a "very high" rating in professional standards of conduct and ethics.

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