Florida Xeriscape Law

Started by HeatherB3 • 19 replies • 5078 views

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HeatherB3 (Florida)
Posts: 32

Posted:

I have read the law and if someone that is familiar with the law can give me some insight, I would be grateful.

We have a home in our community that was bought at a foreclosure sale for CHEAP. The guy that bought it is obviously flipping the house. He put in a request to sod the front yard with Bahia grass and seed the back yard with Bahia. I am ok with the back yard being seeded, but not ok with the Bahia in the front. Neither is everyone sitting on the board. Bahia is a sub-standard grass and it looks awful, plus the big reason this guy wants to use it is because it’s cheap. Also, once one person gets the ok to use it, a can of worms just opened… everyone will want to use it.

Our ACB just denied the request and he now appealed to the board and threw out the xeriscaping law. Which Bahia does require less water to maintain but we have provided him with another alternative, Zoysia. Zoysia is a very nice grass and it has been approved as the xeriscaping grass of choice for our community, which of course is one of the most expensive sod you can buy right now.

This guy could care less about watering the sod, he cares about the money to put in the sod. Plus, he will put in this crappy grass, sale the house and never look back. He won’t have to live with it. We do.

So, do you have any pointers on this when I go into this meeting next week, I can be armed? We have chosen not to get our attorney involved at this point. Remember this guy is flipping a house, it will be more expensive to have an attorney look this over than to just install zoysia. I am not taking acres, this is a small yard, about 2300 sqft.

Thanks

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Do your docs say you can force a certain grass to be used?

(I'm glad I don't live in your association)

DonnaS (Tennessee)
Posts: 5,671

Posted:

Heather,

I hate to be the bearer of bad news but this guy may be able to install any type of grass that he wants unless you have specific limitations as to grass thyes in your ARC guidelines--if you have some.

The Florida Statutes on ARC control specifically say that the association' ARC restrictions MUST BE SPECIFICALLY SPELLED OUT as tp type, colors and every limitations that the HOA requires. It is specific and says that IF you require Flortam, then the guidelines must say "Flortam or whatever you are requireing.

Xeriscape is a very broad statement. I wrote our guidelines and specifically listed Florida Friendly Plants. Rock type and any hardscape must be specific like color and size of rock or stone. Tree size and types are also to be specific. It is the law.

Here is the Statute "720.3035 Architectural control covenants; parcel owner improvements; rights and privileges.--

Extent Of Authority Limited By Declaration Setback Limitations
Recovery Of Damages Caused By Infringement Inconsistent With Rights

(1) The authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, shall be permitted only to the extent that the authority is ******specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.****

PeterD3 (Florida)
Posts: 708

Posted:

The FLA law changed a couple of years ago (7.1.2007) to prevent such arbitrary decisions.

Briefly, and potentially not good news for you... the BoD or ARB/ARC committee cannot just arbitrarily approve or deny ANY grass type unless it is stated in the communities ARB/ARC GUIDELINES as to what is or isn't allowed.

The community has had a couple of years to ammend their documents to specify the types of grass that is or is not permitted. If the HO is aware of this you may find yourself looking a bahia grass.

This applies to any similar materials type modifications. i.e. fences must be cypress or PVC, diveways must be pavers, roofs must be tile, no shingles or metal, etc., etc.

Here is one attorneys opinion from 2008 regarding this,
here's the link-
http://condocollections.blogspot.com/2008/11/2007-legislation-affecting-community.html

You may wish to read it staring with the second paragraph labeled:

"A. ARCHITECTURAL CONTROL:"

HeatherB3 (Florida)
Posts: 32

Posted:

Our Guidelines do say "St.Augstine grass is to be used in the front yard and Bahia in the back." They go on to say that "zoysia is recommended for those looking to xeriscaping." or something similar.

He said that Bahia is a better choice because of the bug resistance and drought tolerance. He goes on to say that, “Yes, zoysia is a drought tolerance grass, but the benefits of bahia out weight those of zoysia.

Again, he is not looking for long term benefits; he is looking to save some mooolaaa on the short term.

When is a good time to get our attorney involved?

HeatherB3 (Florida)
Posts: 32

Posted:

Quote:

Posted By HeatherB3 on 03/26/2011 10:52 AM
Our Guidelines do say "St.Augstine grass is to be used in the front yard and Bahia in the back." They go on to say that "zoysia is recommended for those looking to xeriscaping." or something similar.

When I said "something similar." I ment the guidelines say something similar, not the grass as something similar.

Just wanted my post to be clear.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Heather,

If those are the exact words from your ARC guidelines...""St.Augstine grass is to be used in the front yard and Bahia in the back." They go on to say that "zoysia is recommended for those looking to xeriscaping." or something similar. then it is St. Augustine in front and Zoysia in the back.

Now here is where you have I have a problem. It says that "Zoysia is reccomended for those looking to Xeriscape" This is giving an owner an alternative in grass selections. but under NO CIRCUMSTANCES does it allow Bahia. So he cannot install it. Period. Not allowed.

These grasses are all totally different for those who are not familiar with them. The Zoysia and Bahia dies off during the winter. St. Augustine stays green all year long. BIG differences. Bahia is nasty and I understand where you do not want it installed.

DonnaS (Tennessee)
Posts: 5,671

Posted:

On Bahia Grass...

Bahiagrass for Florida Lawns1
L.E. Trenholm, J.L. Cisar, and J. Bryan Unruh2

Bahiagrass (Paspalum notatum Flugge) was introduced from Brazil in 1914. It was originally used as a pasture grass on the sandy soils of the southeastern United States. Additional varieties have been introduced since that time for use as lawngrasses. Bahiagrass is a popular low-maintenance lawngrass for infertile soils. Although bahiagrass does not produce a high-quality, dense, dark green lawn like some other warm-season lawngrasses, it does provide a good low-maintenance lawn where slightly reduced visual quality is acceptable.

Notice the "SLIGHTLY REDUCED VISUAL QUALITY" statement?

HeatherB3 (Florida)
Posts: 32

Posted:

Thank you.

Bahia is allowed in the back yards, just not in the front. He wants to install bahia in the front.

Yes, you are correct. this might sound petty to some, however I bought into a community knowing full well its expected to have a certain grass type maintained.

The people that live near this guy, are pissssed off. I dont blame them.

Again, when I said something similar, I ment the guldelines say something similar, those words are not in the guldelines. My bad, after I posted it, I realized it might be confusing.

HeatherB3 (Florida)
Posts: 32

Posted:

Donna, I love you.

That is what I was trying to find!!!!

Thank you!!!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Heather, I am a Master Gardener and my Husband is a grass teacher for the M.Gs. We know our grasses. You are welcome for the info.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

or something similar.

I disagree, the homeowner could persuade the judge that "something similar" could also include the grass he chose.

That said.......

Before you get a lawyer involved, if your this passionate about grass, and I can see you are, just tell him this......

If he continues to pursue this, you will need to hire the association lawyer. Next you will bill him for the legal fees. The association will pay to have a private contractor come in and replace the grass. He will be charged for this as well. If it goes to court, the HOA will win. If he doesn't pay, the lawyer will initiate foreclosure and charge him for those legal fees as well. Tell him it would be much easier to just plant the same grass as everyone else and everything can be avoided.

He may just give up.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Steve,

I totally agree with you. This "flipper" type just bulldozes their way thru the process of getting the property out of their hands as fast as possible. They need to be reined in and sometimes with some harsh words from a lawyer. Do not set a precedence by allowing him to get away with this or others will use this as an example of lax enforcement of your guidelines and rules.

HeatherB3 (Florida)
Posts: 32

Posted:

Steve,

The phrase "something simalar" does not appear in our guldlines. I said that becuase I quoted our guldlines from memory. After this issue and helping 65 homeowners in our neighborhood buy grass in bulk, I know what it says without looking at them.

I do like the idea of telling him he will have to pay legal fees, is that legal? Telling a homeowner if he contuines to persue this, the HOA will charge him the legal fees when an attoreny gets involved?

PeterD3 (Florida)
Posts: 708

Posted:

Quote:

Posted By HeatherB3 on 03/26/2011 9:03 PM

I do like the idea of telling him he will have to pay legal fees, is that legal? Telling a homeowner if he contuines to persue this, the HOA will charge him the legal fees when an attoreny gets involved?

You should not speak beyond your expertise or what you can cite from/in your documents.

State laws vary and you are assuming the HOA will prevail.

Not all states allow the prevailing party pre-litigation fee recovery.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

The phrase "something simalar" does not appear in our guldlines. I said that becuase I quoted our guldlines from memory.

Well you didnt say that, this changes everything. If it says quote "St.Augstine grass is to be used in the front yard and Bahia in the back." and nothing else, then this is what needs to be done. Nothing similar, it needs to be exact.

Quote:

I do like the idea of telling him he will have to pay legal fees, is that legal?

Its not illegal. Your just explaining the long term effects of his decision and what will happen next. Doesn't need to be true. Hehe. I would mention it off the cuff, not formally or as a threat.

Now will he have to pay legal fees? I duno. Does it really matter if it works?

RobertB29 (Florida)
Posts: 10

Posted:

I agree witht the homeowner and the Florida law. In a time of water restrictions we should not be forcing homeowners to have lawns that require lots of water to maintain. It is more important to have water than a perfect lush lawn. Instead of Behia you should try and get him to plant Argentinia Behia. It does not look bad and is drought and insect resistants. And more and more Florida homes are using it instead of St. Augustine, which is difficult to maintain.

BernadetteC (Florida)
Posts: 1

Posted:

Hi Robert -
I read your post on a different thread with regards to HOA saying you were in violation for changing your landscape. In brief, I'm at the beginning of the same predicament albeit for going from St. A to Zoysia without letting them know. The reason is because they seemed to turn a blind eye on another house that sodded months ago without violation of their sacred covenant.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Seeing that I am sort of the grass expert here, I must agree that those of you who are changing your grasses to a more water friendly variety, will have to keep yourselves prepared for a good argument against your HOA's. Read the Xeriscape laws and go to the U. of Florida for information on other types of grasses and the Florida friendly plants list. Use them and the laws will protect you.

Here in Tennessee, we have no protection against the Developer and their grass nazi ways. We must maintain a grass that is not friendly to hot weather, only because it stays green all thru the winter. We have 8 hot months where we water, and water ourselve into the poor house. We do have a group trying to enact environmental water conservation but so far, the Developersare off limits to regulating their CC&R landscape nonsense.

SonyT (Florida)
Posts: 6

Posted:

The new bill deletes references to “xeriscape”; requires water management districts to provide model Florida-Friendly LandscapingTM ordinances to local governments; each district shall use the materials developed by the FDEP, UF/IFAS and Center for Landscape Conservation & Ecology/ Florida Friendly LandscapingTM Program, including but not limited to Florida Yards & Neighborhoods (FYN) Home Owners, FYN Builder & Developers & the Green Industries Best Management Practices Program; the districts shall coordinate with the Florida Department of Environmental Protection (FDEP) & UF/IFAS if revisions to the educational materials are needed; a deed restriction or covenant may not prohibit or be enforce to prohibit any property owner from implementing FFL on his or her land; a local government ordinance may not prohibit or be enforced so as to prohibit any property owner from implementing FFL on his or her land; local governments shall use the standards and guidelines when developing landscape irrigation and Florida-Friendly LandscapingTM ordinances.
Please see the link for the SB2080 for further info:
http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/pdf/s2080er.pdf
Another important bill is SB494 which relates to water conservation that Governor Crist signed last month. This bill requires that all commercial fertilizer applicators will be required by law to have a FDACS license by January 1, 2014. Passing the GI-BMP training, or an approved equivalent, is mandatory to obtain that license. The FDEP, in cooperation with the IFAS shall provide training and testing programs in urban landscape management practices and may issue certificates demonstrating satisfactory completion of the training; after receiving a certificate of completion a person may apply to the FDACS to receive a limited certification for urban landscape commercial fertilizer application under s. 482.1562. A person possessing such certification is not subject to additional local testing. Beginning January 2014, any person applying fertilizer to an urban landscape must be certified under S 482.1562, Florida Statues. A limited certification expires 4 years after the date of issuance. Before applying for recertification, the applicant must complete 4 classroom hours of acceptable continuing education, of which at least 2 hours of fertilizer best management practices.
Please see the link for SB494 for further info:
http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/pdf/s0494er.pdf

St. Augustine grass belongs to the Northern of Florida and up to City of Alanta Zone. St. Augustine would require lots of water and proned to be infected by bugs. Please be sensitive to Florida water shortage and restriction. Thanks for listening. Since the day I printed and distribute the 373.185 Local Florida-friendly landscaping ordinances to our community, the BOD and propery management company would think twice before they slap the lawn notice or ask for "grass approval" anymore.

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