Lobeck and Hanson
Wins Arbitration And Court Victories


The Law Offices Of Lobeck & Hanson has prevailed for its clients in a number of significant decisions by Arbitrators of the Florida Bureau of Condominiums and by the local Circuit Court.

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.