Lawn Enforcement

Started by PennyK • 11 replies • 3084 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

PennyK (Florida)
Posts: 59

Posted:

I am a board member and want to know How is it possible to enforce the lawns looking
great; with our county under a water restriction. I want others lawns to look attractive
but, I feel the homeowner must break the county restrictions in order to have a nice lawn amd
avoid getting violations from the management company. How do you enforce the HOA rules with a water
restriction of once a week??

SheliaH (Indiana)
Posts: 6,964

Posted:

Since there IS a water restriction, you and the other homeowners will have to obey it, unless the association is willing to pay everyone’s fines when they water more than once. In the grand scheme of things having water for cooking, drinking, using the toilet, etc., is more important than watering the lawn.

Besides brown lawns, are there other issues, such as the lawns not being edged, weeds everywhere – or neighbors using everyone’s lawns as a toilet for their dogs? You may want to tackle those issues first while coming up with a long term way of dealing with the water restrictions. Maybe your neighborhood needs more drought resistant grass – if so, is the Association going to reseed everyone’s lawns? You may also wish to talk to a lawn care company (or two or three) to get some ideas and perhaps draft some rules from there.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

PennyK (Florida)
Posts: 59

Posted:

Thanks Shelia

Yes we need to obey it and we can recommend other lawns, We still address the issues of looking clean and maintained.
The problem is if it turned brown and does not look bright green and healthy like others in the neighborhood ( which are
probably over watering) These homeowners have come after the board for not doing their duty and violating the other homeowners with brownish
or not so healthy looking lawns. I think we may need to make a resolution about this any ideas? I appreciate your advice
it is helpful, thanks

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

You cannot break the law in order to follow your bylaws. Make that clear to your members, write a memo or newsletter.

BrianB (California)
Posts: 2,820

Posted:

interesting position the HOA could be in...

County rations water, only sprinkle lawn 2x week. HOA and owners must follow rules, sprinkle twice a week. Some lawns thrive still, remain green (owners used soil treatments, have less drainage, use better grass). Some lawns get ragged (owners without soil treatment, quick drainage, southern exposed lots, more wind, etc..). SOme lawns turn brown and die (Sandy soil, water loving grass choice, etc.).

What's an HOA to do? Require all homes to add soil improvements? replace sod? Provide shade to even the playing field?

What if two owners just don't water twice a week, and take advantage of the rationing to let their lawn die? Can the HOA force them to water up to the ration limit?

What if two owners defy the water ration, and water 4 times a week? Their lawns look better, can we force other owners to break the rules to comply with an artificial standard set by the rule-breakers?

Wow.. this could be an interesting pickle. I am torn on this, I see several sides to the argument.
I would say the board should turn over as much of the enforcement as possible to the county water mgt people (ie, rat out the abusers of the rationing), and then work to educate the owners about low water alternatives, how to maintain a dormant lawn (removing weeds, edging, etc.), and try to work with those who are letting their lawns go, to see why. If it truly is "we are doing what we can, and what we know to do", then help them and forget fines. If they are just "whatever, can't water so i just ripped out the sprinklers", then remind them of the rules/regs, community standards, and require them to do a minimal amount of compliance.

PeterT3 (Illinois)
Posts: 28

Posted:

Penny:

Does your CC&Rs state that the HOA or the home owner is responsible for the lawns, and what are the restrictions or definitions as to what standards the home owner has to upkeep the lawn (or generally the lot)? If you have nothing in writing, then I don't think the HOA could or should enforce anything regarding that. A brown lawn does not mean it is not clean or maintained. Nor sure about Florida, but here in the Midwest lawns go naturally dormant for the hottest weeks of the year but come back again green in fall. To spend enormous amounts of water to prevent that natural process and make the lawns look unnaturally green would be unwise in my opinion. Water is a valuable resource and should not be wasted needlessly.

I'd bring that up in a meeting and see what the home owners want to do, and then agree upon minimum standards and write those down, for the board or an architectural committee to check and enforce if someone does not meet those minimum standards. We have several home owners in our association who let their lawns go dormant during the summer months, but I've never felt "violated" but that. A lawn run over by weeds is a different story, but one that just browns up in summer is ok at least for me.

PennyK (Florida)
Posts: 59

Posted:

Yes it does we need to to maintain lawns and maintain them. However alot are renters which is another issue.
Yes we need to make a more defined resolution. but the ones complaining are the ones who are unaturally greening
their lawns and want the rest of us to look the same. I just need to ignore them I do not want to start reporting
them to code enforcement for over watering but it is ironic that they complain that we do not do the same. I will bring
it up at the next meeting, thanks

DonnaS (Tennessee)
Posts: 5,671

Posted:

Penny,

I do not know what County you are in there in Florida but many, many Counties have water restrictions and that is the law. No choice there. You cannot enforce HOA rules to keep a lawn green.

You just may have to change your ideas on what lawns should look like in the near future. Florida has Statutes and Laws that say that homeowners may install "Florida Friendly Landscape" which will not be using green lawns. Look this type of landscaping up and consider rethinking your green lawn ideas.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Penny,

Here is the Statute. You might want to copy this someplace because I think that you may need to refer to it soon.

S.S. 720:3075

"(4)(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 so as 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 or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to part II of chapter 373.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

In a town where I lived at one time, watering was restricted to hand held hoses during about a 4-hour period in the morning; even-numbered houses on even-numbered days; odd-numbered houses on odd-numbered days. There was a $50 fine for the first offense and a $100 fine for the second offense. On the third offense your water was turned off.

PennyK (Florida)
Posts: 59

Posted:

Donna

Yes I love your idea I and the board will change, what I did not mention are the homeowners complaining
and accusing us of not following the by law where on the board previous to us and are not happy. I think
the best way from what I read is that we make some specific lawn changes and ideas to clarify. Then discuss
it at the next meetings.
thanks

PennyK (Florida)
Posts: 59

Posted:

Brian

Thanks you said exactly what I am think and what is happening! we have law breakers, I had a
county official at our last meeting and he spoke about this and recommended it and passed out
literature how to maintain lawn in a low water county etc... I guess it comes to this I cannot
nor can the board please everyone! We will enforce if you do not water at all or if the lawn
is 50% or more gone or diseased but I feel for some of these homeowners who but thousands and
replaced watered and treated their lawns and it still dies with 1x a week watering, now they
can hand water, but some people do not have the time to do that. I am in a pickle but I have
done something helpful, I will mention this FL Friendly landscaping. I have had homeowners
just rip out the grass in certain areas and lay mulch or rock and drought tolerant flowers.
They get permission or not this is better looks better and abides by the statue.

My issue with the homeowners that do not like this, is that they where on the previous board
and want everything by the letter of the law and actually went after (attorneys) homeowners
that did this FL friendly lawn. The judge later dismissed the case, and they cost the associations
hundreds of dollars. I and the board are not doing that.

thanks for you time and answers, I truly appreciate it!!

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here