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EdwardD5 (Florida)
Posts: 5
Posted:

In our community Declaration it states that master HOA is responsible for the maintenance of all conservation areas. In our sub-association there are preserves. Are preserves and conservation in Florida considered the same?

Is the master association responsible for the maintenance of the preserves?

the Declaration states:

The Association is responsible for the protection, repair, and replacement of all common areas and Association property including, but not limited to the roads, ponds lakes, and all aspects of the SWMS, and conservation areas.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
I am assuming conservation areas are wetlands and therefore require no maintenance. what kind of maintenance are you thinking of doing? Most nature conservations are not supposed to be maintained, and just let mother nature do what she does best.

vis ta vie
AugustinD
Posts: 1,027
Posted:
My impression from Florida's Dept of Environmental Protection site is that a Florida "conservation area" sometimes is an umbrella term that includes within it, among other things, "preserves." See https://floridadep.gov/lands/environmental-services/content/land-stewardship

Do the plats for the community elaborate?

I suggest gathering as much information from the plats as possible, then continue gathering information and contact Florida DEP.

Granted if stewardship for these conservation areas or preserves has somehow legally been turned over to the HOA, with certain requirements applying, this may turn out to be an internal HOA dispute that Florida DEP will not touch.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
Edward,

If your community has state-sanction "preserves," I'd recommend consulting with the state's environmental department. The HOA can get "in trouble" with maintaining such legally defined areas, especially with tree maintenance.

The roads, community ponds, lakes....that's all HOA business. Just be fully aware of any "wetlands."
DouglasK1 (Florida)
Posts: 2,046
Posted:
In my last association we had about 12 acres of "conservation area", this was separate from the retention and other storm water management areas. The conservation area had a stream that joined other streams and rivers to eventually feed into the St. Johns river. There was an easement for the conservation area granted to the SJWMD that pretty much said it should be left in its natural state. We did not do any maintenance on that area. On the other hand, the WMD required the storm water areas to be maintained.

Try searching public records in your county for a similar easement. If you find one, it will tell you what you can or can't do. I can't find the easement at the moment, but here is verbiage from the conditions of approval granted to the developer that provides some info:

Prior to any construction, the permittee must record an
easement on the real property described herein, pursuant to
Section 704.06, F.S. The easement must prohibit all
construction including clearing, dredging or filling except
that which is specifically authorized by this permit within
the remaining RHPZ (11.9 acres of wetlands and 1.76 acres of
uplands) as delineated on the approved plans. Said easement
must contain provisions as set forth in paragraphs 1 (a) - (h)
of Section 704.06, F.S., as well as provisions that the
easement may be enforced by the District and may not be
amended without district approval. The draft easements
must be submitted for District review and approval prior to
recording and no later than 30 days from the date of issuance
of this permit. The surveyor's sketch of the area included in
the legal description and an additional surveyor's sketch of
the easement area plotted on the appropriate USGS topographic
map must be submitted with the draft easement. The easement
must be recorded and the easement area boundaries must be
permanently monumented on the project site prior to the sale
of a lot or parcel, initiation of construction, or within 90
days from issuance of this permit, whichever occurs first.
The permittee must provide the District with a certified copy of
the final recorded easement showing the official records book and
page number no later than 30 days after receipt of District
approval of the draft easement.

Escaped former treasurer and director of a self managed association.
LoriM15 (Florida)
Posts: 1,009
Posted:
Our preserve and lake areas are under the jurisdiction of the SW Florida Water Management District. We are required to remove exotic/invasive plants. Any other trimming, for example where a branch is impacting a fence or wall, has to be cut and drop. We have to hire a specially licensed contractor to do this work. They also maintain our lake banks to make sure we don't have invasive plants. It can be an expensive proposition to comply with the regulations. And they work with the county to make sure we are complying.

The plats should show you if the property belongs to the association to maintain. Then I would call the county and ask who has jurisdiction and what, if any, the regulations are. Our county is extremely helpful in helping us out with information.

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