Florida-Friendly Landscaping Laws & HOAs
In 2009, the Florida legislature passed a law permitting homeowners and community associations to create lawns using “Florida-friendly landscaping” – that is, lawns which require minimal upkeep and do not overtax the environment. However, many HOAs also have restrictive covenants enforcing a similar aesthetic on each parcel. If you are a Florida homeowner, it is important that you be aware of your rights on this issue.
HOA Cannot Prohibit Changes
The relevant statute defines Florida-friendly landscaping as that which does four main things: protect the environment, conserve water, adapt to local conditions, and tolerate drought. The usual choice for HOA lawns, St. Augustine grass, is very difficult to plant, having to be put in via sod or plugs as opposed to simply growing it on site. Yet, it is not uncommon for an HOA to attempt to enforce its covenant against any parcel owner using anything else.
Florida’s courts are clear on this issue; the statute says explicitly that no deed restriction or covenant can interfere with any homeowner from implementing Florida-friendly landscaping. Indeed, the law characterizes conservation of water as a compelling state interest, which means that any law challenging that objective must receive the highest possible scrutiny in court.
HOA Can Review Plans
Despite the clear language of the statute, Florida does still allow an HOA to review a homeowner’s proposed landscaping changes, and while the HOA cannot prohibit the changes unilaterally, it can require that a lawn conform to other aesthetic requirements. It can require that a homeowner does not cause the association’s property values to decline, or for a home to not radically differ from the association’s overall aesthetic.
If you wish to make landscaping changes to your yard, it is a good idea to consult your association first even if your governing documents do not require you to do so. In most cases, a compromise can be achieved that allows you to create your vision while preserving association harmony. The right attorney can help protect your rights while ensuring you do not run afoul of your association.
Contact A Tampa Homeowners Association Attorney
Whether you are an owner seeking to make changes to your lawn, or an association member wanting to know your rights, a Tampa HOA condo association attorney from the Seward Law Office can help. Contact our office today at 813-252-6789 to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0373/Sections/0373.185.html
