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All Posts By Kathleen O. Berkey, Esq., AICP

Defending Sea Turtle Lighting Code Enforcement Actions

Have you or your community association been faced with code enforcement violations related to sea turtle lighting? Even the best intentioned can be faced with such an issue in a coastal community.

Kathleen O. Berkey, B.C.S., AICP, a Becker land use and community association attorney and certified land planner who is a Board Certified Specialist in …

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Shedding Light on Sea Turtle Lighting

The Florida Fish and Wildlife Conservation Commission (FWC) and coastal local governments regulate what lighting is permitted to avoid and minimize the impacts to sea turtles, but why is artificial coastal lighting a problem? In the southeastern United States, sea turtle hatchlings begin to hatch throughout the months of June through October, most often at night …

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Why Community Associations Should Check Their Zoning and Entitlement History

Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the character of a community, facilitating the adequate provision of transportation, and promoting public health …

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Raffles and Games of Chance: A Gamble for Community Associations

Historically, gambling was only illegal when it became a public nuisance. See Lee v. City of Miami, 121 Fla. 93, 163 So. 486 (1935). Today, although gambling is not generally prohibited, almost all forms of gambling are either prohibited by Florida law or heavily restricted. Given the potential for condominiums, co-ops, …

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