Homeowners v. The HOA

The Florida Friendly Landscaping Law was signed into effect on July 1, 2009 and parts of the bill gives homeowners the right to landscape their yard with Florida friendly plants instead of the usual St. Augustine grass. This law has caused a lot of confusion between homeowners and homeowner associations/deed restriction covenants.

To summarize:

• The law states that homeowners may replace their lawn with Florida Friendly Plants.
• The law states that an HOA can not require you to water your lawn more than the current watering regulations in place in your county.

• The law doesn't mean if you live in an hoa you can rip out your front lawn and plant Florida Friendly plants in a willy nilly fashion. It is the HOA's duty to ensure the property values of the neighborhood are being maintained. If you have a landscape or architectural control committee, you have to go through the proper channels to get approval, which leads to...

How to Get HOA Approval

• Create a layout. This is step one and can not be overlooked. Your HOA is not going to approve anything they can't see.
• Fill out an architectural change form and submit it along with your plans to your HOA.
• Follow up according to your HOA's procedures on whether your request has been approved.

If Your Request Has Been Denied

• Find out why. Is it because your plan was not considered appropriate for your neighborhood? Or ...
• ...is your HOA telling you that they plan on fighting the law? If this is the case, ask them with whose money. Essentially the only way they can fight the law is with your money. You may have to organize your neighbors to get changes made in your subdivision but the law is on your side.
• Finally, remember that "Without struggle, there is no progress."

DISCLAIMER

I live in the Lake St. Charles subdivision of Riverview and getting my architectural changes approved with the LSC HOA board have been nothing short of painless. The HOA board there is very aware of the law and willing to work with the homeowners.