Lobeck & Hanson

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Construction Defect Claims
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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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Mark Hanson

Mark Hanson graduated from the University of Florida in 1980 with honors and is a graduate of Stetson University College of Law. He has practiced law since then, primarily in litigation. He also has experience in administrative law and appellate practice and has handled numerous arbitration cases before the Bureau of Condominiums. Mark Hanson has also been certified as a professional Mediator by the Florida Supreme Court.

In addition to handling the firm's condominium arbitration cases and litigation in such matters as rules enforcement, assessment lien foreclosures and construction defect claims, Mark represents the firm's non-association clients in a broad range of legal needs. Mr Hanson is a member of the Academy of Florida Trial Lawyers, Association and is admitted to practice in the U.S. District Court, Middle District, and all state courts in Florida. His services for the firm include representation in areas such as personal injury, family law, criminal defense and civil litigation.



Mark Hanson:

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