New Florida law

Started by JohnS25 • 20 replies • 5178 views

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JohnS25 (Florida)
Posts: 56

Posted:

dead grass is no longer a cause for worry for HOAs in Florida.
New law just passed states HOAs can'not do anything about a brown lawn;with water in short supply here I say its about time; putting drinking water on your lawn is not a good idea.

JohnS25 (Florida)
Posts: 56

Posted:

Quote:

Posted By JohnS25 on 07/07/2009 1:21 PM
dead grass is no longer a cause for worry for HOAs in Florida.
New law just passed states HOAs can'not do anything about a brown lawn;with water in short supply here I say its about time; putting drinking water on your lawn is not a good idea.

Mr. Lawyer; ----governer Christ just singed this bill into law
Sir--- you need to get current on the new laws.

JohnS25 (Florida)
Posts: 56

Posted:

check on florida statue 2080 if in dought.

PeterB1 (Florida)
Posts: 257

Posted:

Quote:

Posted By JohnS25 on 07/07/2009 3:26 PM

Clever words John. But, I don't think that is what the law says. Here's an extract: "373.185 (b) A deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land or create any requirement or limitation in conflict with any provision of part II of this chapter or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to part II of this chapter."

Implementing "Florida-friendly" landscaping does not seem to include maintaining dead or dying grass! It is one thing to plant the correct plants for Florida - it's another to let your yard become an eye-sore!

JohnS25 (Florida)
Posts: 56

Posted:

Florida friendly
defination= what grows naturaly in florida;= you may add what grows naturaly in florida== could be just about anything; this is a very broad difination, could be just about anything that grows. My grass died and I'm just letting grow just what comes up florida friendly. I've been here 45 years and I love natural florida.

JohnS25 (Florida)
Posts: 56

Posted:

I bought my property when it was the only home; everyone built around me then formed a HOA. made all kinds of rules; started putting liens on homes; when these folks start paying my taxes; paying insurance and maintaing my home; they can tell me to water my grass.

until then I will have a Florida friendly yard.

TamH (California)
Posts: 30

Posted:

John

Do you keep up on the Statutes constantly?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Tam,

From Johns tone, I would bet that he is NOT a board member nor on an ARC committee. He seems to be a carbon copy of my Brother who lives in Florida and keeps up on every piece of legislation that he could use to fight anyone telling him what to do with his property. There are them kind, you know.

ShirleyS2 (Florida)
Posts: 2

Posted:

John, thank you but can you give me the #### of the New Florida law that gives this information. I am one of those 'strange creatures' tht is on the HOA to see that the best that can happen for ethe homeowners can happen. And, I will say that to be on the HOA has been one huge nightmare since I am battling all of the former Board in order to 'help' our Community. Should I 'quit' ? - probably, since it is a difficult situation trying to make all to be done honestly and in the best interests of our Community. Uphill battle it would seem. I was told that the HOA was the 'badguy' but did not think that possible until I was elected to be on the Board. All I want is to have the best there can be for our Community and it may endanger my health to make it so but I am determined to try.
Shirley

PeterB1 (Florida)
Posts: 257

Posted:

Shirley,

See my comments above. The law is listed as SB 2080.

peter

DonnaS (Tennessee)
Posts: 5,671

Posted:

Peter,

From SB 2530

" Section 12 amends s. 720.3075, F.S., to delete the term xeriscape and to specify that covenants, articles of incorporation, or bylaws may not be enforced to prohibit any property owner from implementing Florida-friendly landscape and may not create any requirement or limitation in conflict with any provision of part II of chapter 373. "

As usual, the State may have had good intentions on this bill but WITHOUT A DEFINITION OF "FLORIDA FRIENDLY LANDSCAPE", there will be people like John who will push this to the limits. His definition and my definition are probably miles apart. I agree that dead lawns are not what is intended but going to court on "intentions" is not something that the courts want to see.

KevinK7 (Florida)
Posts: 1,343

Posted:

From my understanding, an Association that requires per covenant to maintain a St. Augustine lawn could not challenge a homeowner who installs a more drought resistant grass, but if the homeowner has St. Augustine grass, and does not maintain the lawn, then they can be cited with a violation... not necessarily for limiting "florida friendly" landscaping, but because the homeowner does not maintain their property...

I think that the law was designed to encourage homeowners to make a shift to a more friendly landscape, not to protect homeowners with a lawn they cannot maintain properly in times of drought.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Well, John never came back.

Which is okay, because it appears he was having a very violent disagreement. . . with himself. . .

PeterB1 (Florida)
Posts: 257

Posted:

I think Kevin has a point. And this is one of Donna's favorite subjects.
"
Our Covenants say thing like: All landscaping and yard areas will
be irrigated, fertilized, mowed, trimmed, and cared for regularly...Diseased and dead plants and grass shall be replaced...etc."

I agree the we should encourage and accept 'Florida-friendly' plantings. But, I don't think I like the idea of the resident who says during a drought, I won't water and don't care if my lawn goes dormant or dies.

The HOA should still be able to influence the resident so as to maintain the appearance of the community. I don't see any clear definitions in any of the new Florida statutes.

What will we do?????

MaryA1 (Arizona)
Posts: 7,043

Posted:

Peter,

I don't think "FL friendly landscaping" equates to dead grass or shrubs. What it means is planting native plants or desert plants. I agree that the HOA should still be able to fine a h/o who doesn't keep up the appearance of his proprety. Dead or dying lawns should be re-sodded or replaced with granite. Dead plants should be removed and replaced with desert plants. Some of the desert flowering plants dye out after the flowering is over, at which time they should be removed from the property.

So, what will you do? Use common sense!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Peter and Mary,

See how easy it is for common sense to prevail? Duh to John who has the rougish approach to his interpretation to any environmental laws in Florida. Every HOA who is dealing with this drought and how to enforce landscape restrictions should spend a few minutes on the U. of Florida website on Fl. Friendly Landscape to get the real answers. I don't believe that dead, uncut grass and bushes are included there and Johns hOA has every right to enforce maintenance issues. I certainly would go after him.

Even up here in Tennessee, we refer back to U. of Fl. for many standards which have been tested and proven on all aspects of environmental issues. Florida leads the way in researching lawns that can withstand the harsh elements of drought.(But not by John's way)

MaryA1 (Arizona)
Posts: 7,043

Posted:

Donna,

Two problems:

1) common sense ain't so common, and

2) John hates HOAs and will do anything to buck the system -- he could be the poster boy for someone who shouldn't live in an HOA

ShirleyS2 (Florida)
Posts: 2

Posted:

Peter,can you help me out here? I am new to this and usually keep all to myself unless I have something 'worth saying'. Have read what John says and what you and others have said. Being on the HOA board and wanting to do what is the very best possible for my community I need some input please: What is "Florida-friendly"? In the way of grass - if I am to get rid of my St.Augustine what would be 'better'? And, what plants are worthy of planting? I had to take out 7 King Sego plants due to disease, lost a beautiful 18 ft' Canary Island Psalm, lost 4 cedar trees to red mites and am constantly battling the elements here. I have an area I must re-plant and know not what to put there. It is almost always in the sun and heat. BTW, the plants I put in the shade area and were 'sure to do wonderfully' died the first year. Nothing lost due to neglect. I love plants and try hard to keep them healthy and happy. Also, being on the HOA board I would like to make recommendations but can not with the problems I have had myself. Thank you. Also anyone else who has information - thank you - Not all HOA board members are the 'bad people' we are made out to be!Shirley

PeterB1 (Florida)
Posts: 257

Posted:

Shirley,

I am not a landscaping expert - and I don't pretend to be one. But, there is a wealth of information available on "Florida friendly" or what used to be called xeriscaping.

The U of Florida (IFAS Extension) has an 80 page list (on the internet, start at floridayards.org. Several of our local nurseries specialize in 'native plants'- look in the yellow pages. The folks from the County Extension Service will assist - if you ask (their services are free). Try a search on the internet.

If you want to help your HOA - especially the Board, get someone from the Extension Service to come talk to people. It's one of the things they can do.

peter

DanC9 (Florida)
Posts: 1

Posted:

Quote:

Posted By DonnaS on 07/13/2009 5:26 AM

Peter,

From SB 2530

" Section 12 amends s. 720.3075, F.S., to delete the term xeriscape and to specify that covenants, articles of incorporation, or bylaws may not be enforced to prohibit any property owner from implementing Florida-friendly landscape and may not create any requirement or limitation in conflict with any provision of part II of chapter 373. "

As usual, the State may have had good intentions on this bill but WITHOUT A DEFINITION OF "FLORIDA FRIENDLY LANDSCAPE", there will be people like John who will push this to the limits. His definition and my definition are probably miles apart. I agree that dead lawns are not what is intended but going to court on "intentions" is not something that the courts want to see.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Dan,

This thread is over 3 years old. It's best not to reactivate old threads as laws change. Because laws change, what would have been appropriate advice 3 years ago might not be appropriate advice today. Therefore, reactivating old threads may cause confusion.

SB 2530 actually referred to chapter 373 of the FL statutes. If you look up that statute you will discover that 373.185 Local Florida-friendly landscaping ordinances does provide a definition of "Florida-friendly landscaping." Therefore, there was no need for the bill to redefine it.

FL 373.185 specifies:

“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.

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