Mr. Dan Lobeck This is Me

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1. 1. www.heraldtribune.com

   www.heraldtribune.com/article/ - [Cached]

   Published on: 7/1/2008   Last Visited: 7/1/2008

   Their homeowners association hired Sarasota attorney Dan Lobeck and two paid consultants to represent them at a public meeting Monday.
   ...
   Despite repeated objections from county attorney Jason Henbest, Roe allowed Lobeck to cross-examine county staff and Southwest Florida Water Management District officials who spoke at the hearing.

2. 2. www.heraldtribune.com

   www.heraldtribune.com/article/ - [Cached]

   Published on: 5/15/2008   Last Visited: 5/15/2008

   "You have just too much development on a constrained site," said Dan Lobeck, an attorney for residents of Bella Villino condominiums, who live less than 200 feet to the east.
   
   Lobeck urged commissioners to send the revised project back to the planning commission for another review.

3. 3. www.fourwindslbk.com

   www.fourwindslbk.com/index_fil - [Cached]

   Published on: 2/6/2007   Last Visited: 1/13/2008

   President Walsh introduced Attorney Dan Lobeck, saying that he was present to explain recent legal actions concerning the Resort and to explain resulting actions taken by the Board of Directors, with a view to answering any questions the owners might have.Mr. Lobeck explained that he had been asked to review the legal position of making units non-smoking, and that the Florida statute seemed to encourage Four Winds making non-smoking all units that are ever up for rent, or subject to being up for rent, but are not specifically identified as "smoking units."He also said that it seemed to be within the Board's "rule making" powers to prohibit smoking in the units, but that notice to the owners would need to be made.
   
   Mr. Lobeck then explained the issues covered in the minutes of January 12, 2007 (the letter of complaint from attorney Dan Scott, on behalf of several Four Winds owners, including Director Walters, to Kathleen Rhodes in regard to Four Winds election procedures).
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   When Mr. Hoffinger asked if a Board Member had a right to hire an attorney to ask an employee to break a contract with the Board, Mr. Lobeck said that was "more egregious than just a unit-week owner doing it, because not only is it tortious interference with the Association's contract, but it can be construed as breach of fiduciary duty by acting in that owner's interest contrary to the interests of the Association as a whole."
   ...
   When asked if the Board had the power to remove a Board member who had engaged in such a breach of duty, though, Mr. Lobeck said, "No, the only way a director can be removed, short of the director's resignation (and the Board could ask for the director's resignation if they chose to) ...
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   Mr. Lobeck explained that in accord with Four Winds Condominium Documents an owner's name and unit-weeks must be specified on each proxy, that according to the [Florida] Condominium and Timeshare Acts any owner has a right to, at their own expense, receive copies of all Association documents (which the proxies clearly are), and, however, "there is a provision of the Timeshare Act that says, notwithstanding any other provision of the Timeshare Act or the Condominium Act, the Association is prohibited from disclosing to any unit-week owner the name of another unit-week owner."He explained that this latter provision was intended primarily to forestall the use of owner lists for mass-marketing purposes.He also said he was filing, on behalf of the Board, a petition for Declatory Statement, asking the State "to rule officially as to whether that name secrecy statute trumps the records access statute."He also said as a subsidiary issue they were also asking whether a Board member has any special right of access.
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   In response, Mr. Lobeck said, "I think the silence that you're hearing, and that I'm hearing from Mr. Scott [the attorney who drafted the letter to Ms. Rhodes], speaks volumes.
   ...
   Mr. Lobeck said that, although his experience was limited, he was of the impression that other timeshares tended to use basically the same proxy/voting procedure Four Winds had been using prior to 2006.
   
   Mr. Lobeck also said that as far as the issue of contractors or staff influencing people to vote one way or another, "that's a matter for the Board to be involved with as well."
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   Mr. Lobeck pointed out that the Board was indicating its strong support by voting five to two to send that letter on her behalf.
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   After Mr. Lobeck left, President Walsh continued the Owner Participation portion of the meeting.