HOAs and Florida-Friendly Lawns
Homeowners Association (HOA) membership is often mandatory for much of Florida. HOAs may impose standards of lawn care mandating mulch, drainage pathways, and tree trimmings. If you want to renovate your garden, landscape, or Florida lawn, you may want to consider your HOA’s position before embarking on any significant projects.
If you have a particularly overbearing or strict HOA, rest assured that their power is not unlimited. Several lawsuits have occurred in Florida over the past few years, establishing guidelines for what HOAs can and can’t impose.
If you adhere to Florida-friendly landscaping principles, you’re in the clear by state law. By encouraging the transformation of conventional landscapes to Florida-friendly landscapes, HOAs and homeowners can conserve water, protect the environment, and allow a wide range of aesthetic choices.
When choosing a landscaping company, you want to make sure that whoever is overseeing the maintenance of your Florida lawn is familiar with experts in Florida-friendly landscaping principles, which ensures that not only are you sticking to the law, but you’re also keeping to the best practices which can reduce costs and enhance the natural beauty of your home.
Can the HOA Stop You?
Florida lawyers believe that Florida is one of several states prohibiting HOAs from limiting an environmentally friendly Florida lawn. They purport that Florida law supersedes the HOA bylaws if a condominium’s covenants or bylaws prohibit what you can and can’t plant.
Florida statute 720.3075 states that homeowner’s association rules cannot prohibit a property owner from planting “Florida-friendly landscaping.” It states:
(a) The Legislature finds that the use of Florida-friendly landscaping and other water use and pollution prevention measures to conserve or protect the state’s water resources serves a compelling public interest and that the participation of homeowners’ associations and local governments is essential to the state’s efforts in water conservation and water quality protection and restoration.
(b) Homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not prohibit or be enforced to prohibit any property owner from implementing Florida-friendly landscaping, as defined in s. 373.185, on his or her land or create any requirement or limitation in conflict with any provision of part II of chapter 373, a water shortage order, other order, consumptive use permit, or rule adopted or issued according to part II of chapter 373.
Florida statute 373.185 defines “Florida-friendly landscaping”, which Florida statute 720.3075 refers to. It states:
“Florida-friendly landscaping” means quality landscapes that conserve water protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include:
Planting the right plant in the right place.
Efficient watering.
Appropriate fertilization.
Mulching.
Attraction of wildlife.
Responsible management of yard pests.
Recycling yard waste.
Reduction of stormwater runoff.
Waterfront protection.
Additional components include landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing irrigation, and proper maintenance. California and Texas have implemented similar laws over the past few years, so HOAs nationally, HOAs are beginning to embrace too many HOAs that have had to become adaptive to adaptive landscaping.
How to Work with the HOA Florida Lawn Florida Friendly
Embracing Florida-friendly landscaping principles doesn’t have to be black-and-white. Minor lawn improvements, plant beds, and gardens may be net improvements to landscapes that may not invoke a peep from your HOA. Minor landscape changes may improve drainage, reduce maintenance, conserve water use, and promote plant growth.
You may not want to rush into things if you have an HOA that doesn’t favor change and may attempt some shenanigans that befell the defendants in the above lawsuits. The first step is to read up on the best practices and let the HOA know what you’re planning to do so temporary, dramatic changes like mulching a lawn don’t come as a surprise.
For larger jobs, transparency and working with your HOA from the start of any project will generally reduce friction and lead to a more successful outcome when embarking on any transformational landscaping project. You can hire a professional landscaping service who can create plans for the perfect Florida lawn or model the changes using computer software to put the HOA mind at ease that any changes may be temporary and short-term. Ensure the professionals you work with are responsive and knowledgeable about landscaping best practices to ensure any confrontation with an obstinate HOA goes in your favor.
