Help with FL 720 (part II) and 373.185

Hi all,

I have begun a new thread because the first was getting pretty lenghty.

I appreciate all the great advice and comments on the original Help w/720.

I have a specific question that came out of the BIG DENIAL meeting regarding implementation of my fantastic Florida Friendly landscape plan. In the words of the ARC, (repeated over and over again by all three members) my plan does not "preserve the basic expectations created in the original design scheme" of the community.

This is their sole argument. It is not from the statutes, that I can see, I believe it is pulled from the draft FFL CC&Rs created in 2006. Here is the link, see page 5, paragraph 1.

Any thoughts?

I am not clear if you are seeking an approval for your own property or the Association property. If the former, the law is pretty clear and you cannot be denied your plan providing it complies with the law. Chapter 720 says that no one can prohibit any owner from implementing FFL on his/her land (see below).

However, it is a different ball game if you are proposing a major landscaping change to be implemented on the Association property. First, Florida Friendly Landscaping Act may not be well understood on this forum. To put it in perspective, it is not only about landscaping. It is about conservation of natural resources addressed in Chapter 373; section 373.185 - landscaping- is an integral part of this Chapter. It is my opinion, that a single homeowner can NOT undertakes this project for the entire HOA alone.

Here is chapter 720 stating what is prohibited:

720.3075 Prohibited clauses in association documents.—

(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.’

Here is the FFL Definition Chapter 723.185. Please note, the goal of FFL is not only about vegetation.

“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, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance.

And here is the link to Florida Chapter 723:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0373/0373.html

If an owner wants to plant in or modify common area(s) there is no relief from any Florida statute I am aware of. Typically the HOA BoD has absolute control of the Common Area(s)... (Peter)

Peter,

no doubt, I agree with the above.

PS: So, it is about an oak tree and not about Chapter 373 as indicated in the title and the post? Confusing...

That's how I see it.

Based on the postings I have read here it has moved from one issue/arguement to another i.e. comingling HO ARC rights with that of Fla. friendly (Xeriscape) laws. I wish Jennifer luck but it sounds like she has lost any objectivity from her BoD/ARC etc. and short of community support to change the BoD's views or make-up will have to rely on legal action for relief.

Unfortunately Florida has alot of ambiguity in their statutes and no real support (free of charge) from authorities.

That's the problem.

You like X, someone else likes Y, or A or B or C.

How does this help Jennifer?

Agreed. That is my sentiment too.

Peace!!!!

Jennifer,

I am sure that you will do your research before you plant your FFL yard and hopefully you will get approval. Your ARC is on a slippery slope in 2 different areas. One being that they cannot deny your FFL installation per 720:3075 (4)(a) and #2 is that they cannot deny the installation per Statute 720:305 because their guidelines are not specific in their limitations or design.

Then the other issue comes up as for what is FFL and who has a list of acceptable plants. Do research carefully. Focus on Native plants. Live Oaks are considered native species and that is positive. Make sure that any plants that anyone suggests are not on the Florida Non Native, Invasive/Exotic list. These are the trees and plants that are causing havoc in the south and moving their way up the State. They clog the waterways and kill the native plants which many native animals count on for food. (Not on the FFL acceptable lists)

Invasive potential: Sapodilla has been assessed by the IFAS Invasive Plants Working Group as invasive in south and central Florida and is not recommended by IFAS for planting. For more information see: Fox, A.M., D.R. Gordon, J.A. Dusky, L. Tyson, and R.K. Stocker (2005) IFAS Assessment of the Status of Non-Native Plants in Florida's Natural Areas [Cited from the internet (6 Jan., 2006) at http://plants.ifas.ufl.edu/assessment.html]. Another one on this list is Murrara Paniculata. Most every plant that the garden centers except for the usual annuals, are imported Asian and south pacific cultivars and become invasive easily so chose your plants from safe lists that the State has compiled.

Jennifer,

Here is some interesting reading. "http://www.law.ufl.edu/conservation/waterways/waterfronts/pdf/florida_friendly.pdf

Hi guys,

Let's pretend I never mentioned the oak tree. I was only using it as an example and it is causing a lot of confusion. I am not planting an oak tree.

The plan I presented to the HOA is to expand the bed directly in front of my own house,(not common property) run it along the side of my property and across 2/3 of the front along the sidewalk, leaving a central sod area of about 50% sod, 50% landscaping. The bed along the front will contain creeping juniper, a groundcover at a max 6" height, and along the side, mainly Indian Hawthorn and Knockout rose for accent. All non-obtrusive plants that can be kept low to the ground.

The HOA says since no one else has beds in these specific locations, it does not fit the design scheme of the community and it was denied. They say they are not refusing Florida Friendly as I can plant FF plants in my existing beds. They do not want any beds other than the paltry beds the builder installed.

Planting FF plants in existing beds does not address the 9 FF Principles such as right plant, right place, landscape planning and design, and the main idea behind FF, reducing water usage and fertilizer runoff. How can I reduce water usage if I have a big old green lawn but FF plants in my tiny planting beds? These are all mentioned explicitly in the FF statute 373.185.

My HOA is a shockingly arrogant group (most of them), however, and Peter hit it on the head that probably nothing short of legal action is going to sway them.

Donna, also, your comments are right on in that they also have no specific guidelines in the CCRs or design manual as to placement of beds or design scheme. In fact, here are some gems from the design manual that was just approved.

"All yards must be 100% irrigated."

"All landscaping changes are to be approved by the ARC, and in accordance with Florida Friendly Landscaping principles."

I get the feeling they think they can just pick and choose which of the 9 Principles are allowed, and ARC approval requirement is their out. If they don't personally like it, it is declined. (Their words, not mine)

'All landscaping changes are to be approved by the ARC, and in accordance with Florida Friendly Landscaping principles' (Jennifer)

Jennifer,
This kind of does it. Am sorry. I too like to dig in the ground and still miss my one acre non-HOA lot.

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.’

Jennifer,
yes, this is the quote I posted earlier. However, you are not being denied FFL you are being denied landscaping changes. At least, this is the way I read it. Tricky this is.

My question also falls into this category....we have homeowners who want to replace all of their lawn with stone and not use any plantings. Can we legally restrict their proposed plan? We are in the process of trying to interpret the FFL and give our residents guidelines for how much area is allowed to be stone. We want to try to encourage the true FFL idea of using native plants and mulch instead of stone. Would appreciate any feedback regarding this. Thanks.

Jennifer,

Don't give up the cause. The below article is from the HOATALK hHome page. I have been in this place called the Plantations, which is a 55+ community. Amazing what can happen when the members of the association can open up their minds, not like some of those who are hard nosed and only want things to stay the same old way.

"Residents learn to live without thirsty lawns

Staff Report

Residents of the Plantation at Leesburg are discovering how to have nice yards that conserve water with less grass.

When Dick and Pat Vlaha moved into the community in 2006, their home was surrounded by a thick, green carpet of sod. They enjoyed the yard, but it soaked up to 30,000 gallons of water a month -- enough to fill a swimming pool and 10 times more than the retired couple typically used inside their house.

The Vlahas had to curb their enormous water habit. So this summer they ripped up all the grass and replaced it with a water-friendly landscape that improves the look of the home and could use a third as much water.

Now the neighbors are rethinking their own lawns with support from Plantation's homeowners association.

"I'm a yard nut," Dick Vlaha said. "It took us two or three weeks to get used to our new landscaping, but now we love it."

The new yard replaced much of the water-hungry St. Augustine grass with tons of river rock, pebbles and mulch. Neatly groomed landscape beds were expanded with colorful varieties of drought-tolerant plants.

A much smaller area of grass -- this time Empire Zoysia - is laid out behind the home, where the Vlahas can enjoy the view. Low-flow irrigation systems help to keep everything green without using too much water.

Dick Vlaha said high water bills encouraged him to rework his lawn. Residential customers of the City of Leesburg's water plant at Plantation also will need to reduce their average monthly water use by a third to 10,000 gallons in the year 2013, as required by a consumptive-use water permit issued by the St. Johns River Water Management District.

Vlaha hired a private landscaping company to work on his yard transformation for two months. The new grass and plants initially required more watering to better establish their roots, but Vlaha said he expects to reduce his previous irrigation demand by two-thirds - to 10,000 gallons a month or less.

"We are pleased and excited to see our customers taking such a proactive approach to water conservation. This is an excellent example of a very attractive water-conserving landscape," said Ray Sharp, Leesburg's director of Environmental Services and Public Works. "This yard illustrates perfectly how a water conserving landscape can be implemented that is lush, colorful and aesthetically pleasing - truly an enhancement to the neighborhood."

More Plantation neighbors are joining the Vlahas in switching to low-water landscaping. The community also is creating a resident advisory committee to develop aesthetically pleasing standards for grass turf alternatives.

"The homeowners association is taking a proactive step. We should be good stewards of the environment," said Plantation HOA president Bill Sendelbach.