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All Posts By Kathleen O. Berkey, AICP

Phony Parking Violation Letters in Condominiums

Condominium living has its advantages and challenges – one such challenge is often parking. Today, people move into these communities with several vehicles in tow and in condominiums, there is limited space in the parking garages and parking areas for unit owners and their guests. Sometimes this results in unit owners taking parking, that …

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Florida Supreme Court Rules COVID-19 Pandemic Constitutes “Natural Emergency”

Governor Extends COVID-19 State of Emergency by 60 Days – Opportunities to Extend Certain Permits May Be Available to Associations

Section 252.363(1)(a), Florida Statutes, provides that certain qualifying permits and authorizations are eligible for an extension once certain States of Emergency are declared for the length of time the declaration …

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Slowly Getting Over the Hump: Addressing Speeding with Traffic Calming Devices

Between kids at play, exterior maintenance projects, pedestrians, and cyclists, your association could be seriously impacted by speeders. As a follow up to Jennifer Horan, Esquire’s article “Slow Your Roll: How to Address Speeding Issues in your Association,” published on October 28, 2019, can or should your association install traffic …

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“Don’t Tread on Me”: The Permissibility of the Gadsden Flag in Your Community

Is flying the Gadsden flag (i.e., the yellow “Don’t Tread on Me” flag with a snake) considered a flag of the United States of America and is it permissible in your community association? It depends.

For those not already familiar, the Gadsden flag is a historical American flag named after the American …

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State and Local Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available to Associations

As discussed in our earlier post on March 20, community associations may have access to an extension of opportunities for permits. Although Section 252.363(1)(a), Florida Statutes, as amended in 2019, only provides that certain qualifying permits and authorizations are eligible for an extension once certain “natural emergency” states of emergency are declared, there has …

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Opportunities to Extend Certain Permits in Florida Due to COVID-19 May Be Available to Associations

Community associations may soon have access to an extension of opportunities for permits. Although Section 252.363(1)(a), Florida Statutes, as amended in 2019 only provides that certain qualifying permits and authorizations are eligible for an extension once certain “natural emergency” States of Emergency are declared the current COVID-19 pandemic does not appear to fall under …

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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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