MarniD (Florida)
Posts: 39
Posts: 39
Posted:
I need some advice regarding our HOA and the rules associated with conflicts with Florida State Law. Other than moving, what are the rights of the homeowner? Does State Law superseded HOA opinion of board members, when there is no rule in the bylaws of a community which expressly forbids it?
I contacted our Town and they have said they will follow the State guidelines once the Dept. of Environmental Affairs makes the rule regarding the permeability/installation etc guidelines for homeowners. They said they will not enforce anything to stop the installation in the Town, but they had no advice regarding HOA developments, other than an attorney if I am denied.
I have contacted my HOA, and there are NO RULES regarding turf in our by-laws, however the HOA said they will not allow me to install the turf, why? They don't like it. Do they have to comply with the State regulations since there is nothing in our bylaws that state it is not allowed? My HOA is known for its picking and choosing what is a violation and what is not, they are not consistent, many yards are a disaster, weeds, dead grass, home needs painting, but they do not enforce, but they will enforce other rules that are NOT in the bylaws. One of the reasons I want to install the turf is the water bills, which exceed $300.00 a month for MINIMUM watering, we are always on water restrictions, and we cannot maintain grass.
HB 683, signed into law by Gov. Ron DeSantis, requires state rule making from the Department of Environmental Protection, and blocks cities and counties from enforcing or imposing their own “ordinance, resolution, order, rule, or policy” to “prohibit … a property owner from installing synthetic turf that complies with Department of Environmental Protection standards adopted pursuant to this section which apply to single-family residential property.”
DEP’s standards “must take into account material type, color, permeability, storm water management, potable water conservation, water quality, proximity to trees and other vegetation, and other factors impacting environmental conditions of adjacent properties,” the bill stipulates.
The state already expressly allows artificial turf to be used if it is not visible from the frontage of the property or an adjacent parcel. The new language will broaden its adoption.
The hearing of the DEP is set for tomorrow, and if it is passed, we want to proceed with installing the turf. The turf I am considering exceeds the present "rule of permeability" required.
I contacted our Town and they have said they will follow the State guidelines once the Dept. of Environmental Affairs makes the rule regarding the permeability/installation etc guidelines for homeowners. They said they will not enforce anything to stop the installation in the Town, but they had no advice regarding HOA developments, other than an attorney if I am denied.
I have contacted my HOA, and there are NO RULES regarding turf in our by-laws, however the HOA said they will not allow me to install the turf, why? They don't like it. Do they have to comply with the State regulations since there is nothing in our bylaws that state it is not allowed? My HOA is known for its picking and choosing what is a violation and what is not, they are not consistent, many yards are a disaster, weeds, dead grass, home needs painting, but they do not enforce, but they will enforce other rules that are NOT in the bylaws. One of the reasons I want to install the turf is the water bills, which exceed $300.00 a month for MINIMUM watering, we are always on water restrictions, and we cannot maintain grass.
HB 683, signed into law by Gov. Ron DeSantis, requires state rule making from the Department of Environmental Protection, and blocks cities and counties from enforcing or imposing their own “ordinance, resolution, order, rule, or policy” to “prohibit … a property owner from installing synthetic turf that complies with Department of Environmental Protection standards adopted pursuant to this section which apply to single-family residential property.”
DEP’s standards “must take into account material type, color, permeability, storm water management, potable water conservation, water quality, proximity to trees and other vegetation, and other factors impacting environmental conditions of adjacent properties,” the bill stipulates.
The state already expressly allows artificial turf to be used if it is not visible from the frontage of the property or an adjacent parcel. The new language will broaden its adoption.
The hearing of the DEP is set for tomorrow, and if it is passed, we want to proceed with installing the turf. The turf I am considering exceeds the present "rule of permeability" required.