PRACTICE AREAS

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Assessment Collections
Construction Defect Claims
Document Revisions
Association Meetings
Rules Enforcement
Neighborhood Protection
Contracts
Legal Advice

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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Rules Enforcement:

Lobeck & Hanson assists our Association clients in the enforcement of rules and restrictions, by enforcement letters followed if needed by legal action or arbitration. It is very important that the Association act as needed to timely and uniformly enforce the provisions of the Declaration and Rules. Failure to do so could ultimately render a restriction unenforceable.

Before commencing enforcement, we work with our clients to avoid potential defenses. Sometimes this requires an amendment of the restriction to eliminate ambiguity or a conflict with the documents. We also seek in our enforcement letters to persuade the unit owner to comply, while indicating the consequences if the violation continues.

By acting adequately to enforce rules and restrictions, while revising provisions as needed to meet the preferences of owners, the Association can do much to protect and improve the property values of the community.

 
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