Question:
I have St Augustine grass and Bermuda grass has infiltrated my lawn. The HOA wants me to resod my lawn. They have threatened me with a $100 fine per day if I do not comply.
Comment 13 says homeowners have a right to native plants …””. In Florida, on the other hand, associations can’t restrict homeowners from using plants that don’t coincide with the overall landscaping design of the community.””
What is the legal citation in the Florida law for this protection?
– Nick
Answer:
Hi Nick,
According to the Florida Homeowners’ Association Act Section 720.3035(1), the association can enforce the community’s standards of external appearance if it is stated or inferred in the governing documents. Kindly check your governing documents for such guidelines.
But, under Section 720.3075(4)(b), the association or its governing documents cannot restrict landscaping that is in line with Florida-friendly landscaping outlined in Section 373.185. Kindly review the latter section for further clarification.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
