Becker & Poliakoff

The Impact of Construction Next Door on Your Community with Katie Berkey, AICP, Becker & Poliakoff

The Impact of Construction Next Door on Your Community with Katie Berkey, AICP, Becker & Poliakoff

For more episodes of Take It To The Board, click here!


This week, Becker Shareholder Kathleen “Katie” Berkey, AICP, sits down with Donna DiMaggio Berger and explains how she helps clients deal with all sorts of issues related to their property. As Mark Twain once said, “Buy land, they’re not making it anymore,” and truer words have never been spoken. Land remains invaluable and there is often a developer looking to build, renovate, or demolish any given property. When a project like this commences, it can bring a host of headaches and trouble to those living next door.

Katie Berkey is a Florida Bar Board Certified Specialist in City, County, and Local Government Law and is a certified Professional Planner by the American Institute of Certified Planners. Katie is the only practicing professional to hold both credentials in Southwest Florida and one of eight statewide. She represents clients in zoning, land use, and planning matters and represents clients in local government administrative matters before city and county commissions, councils, and boards. Katie has been recognized by various publications and organizations as one of the best lawyers in America, a Florida Rising Star, a member of the Legal Elite, a Legal Up & Comer, one of the Top 40 Under 40, and Woman of the Year!

Conversation highlights include:

  • How can volunteer boards, managers, and association residents stay alert to possible land use changes in their vicinity?
  • How to determine if a proposed new development presents an incompatible commercial use with the existing neighborhood?
  • What are typical deal points in a shared use agreement with a developer?
  • How prevalent is the NIMBY (Not in My Backyard) mindset?
  • What kind of next-door development do people fear the most?
  • Why do local building departments often cite the association for certain violations when it might be the owners who created the violation without the association’s knowledge or consent?
  • Who should attend a municipal or county Code Enforcement hearing with an attorney?
  • What can be done when a city wants to repave streets in a community or enforce traffic violations but is requiring an onerous indemnification agreement from the association?

BONUS: Katie discusses various valuable resources for working moms and discusses her work with the Mother’s Milk Bank of Florida.

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

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