Florida friendly landscaping and your association

In 2009, the Florida Legislature dramatically modified an older law that was designed to encourage Florida-friendly landscaping in communities governed by homeowner associations.  Under Florida Statute section 373.185, “Florida-friendly landscaping” is defined as “quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant.”  Such landscaping is also sometimes called “xeriscaping”—the use of gardening and landscaping to naturally reduce the reliance of irrigation water.

The law also states “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.”  This law is then supplemented directly by the HOA Act (FS 720), which provides that homeowners’ association documents 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.

Note, however, what these laws do not do.  They do not require that HOAs or their residents must only use Florida-friendly landscaping in their plantings.  Nor do they mandate that HOAs remove or force owners to remove their own traditional, non-native plants.  All the law does is encourage water management districts to create programs that endorse and incentivize appropriate natural plants and landscaping plans and prohibit HOAs from enforcing covenants that would keep residents from following Florida-friendly landscaping principles if they so choose.  The law also does not establish an agency or mechanism for enforcing the law.  If your HOA is attempting to prevent you from installing Florida-friendly landscaping, you will unfortunately need to sue the association to enforce your rights under the Act.

isit the University of Florida’s IFAS website for tools and ideas on how to assist your HOA in enforcing landscaping rules and drafting new ones, and for ideas to help residents adopt a Florida friendly landscape that is both attractive and kind to Florida’s environment.
http://fyn.ifas.ufl.edu/community_association_kit.htm.

http://blogs.sun-sentinel.com/condoblog/2012/10/florida-friendly-landscaping-and-your-association.html