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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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Scott Kalish

Experienced litigator Scott Kalish joined our practice in 2018. Scott earned his law degree from Florida State University College of Law in 2015 and graduated with high honors, magna cum laude. Scott attended Florida Atlantic University, graduating cum laude in 2012. He majored in History, minored in Spanish, and acquired a certificate in Latin American Studies. Scott is fluent in Spanish. Prior to joining the firm, Scott represented the People of the State of Florida as an Assistant State Attorney for the Sixth Judicial Circuit in Pinellas County. As a prosecutor, Scott gained invaluable trial experience, representing the State in over 30 jury trials and several non-jury trials. While at the State Attorney's Office, he prosecuted a wide range of felony cases, such as Attempted Murder, Trafficking in Controlled Substances, Robbery, Burglary, and Grand Theft. During law school, Scott worked at the Attorney General's Office in Tallahassee as a law clerk. Scott was a member of the State Programs unit where he performed legal research and drafted motions and pleadings.

Email:

General:
Email
law@lobeckhanson.com

Scott Kalish
Email
skalish@lobeckhanson.com

 
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