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An
Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Published
December 18, 2010
As
if homeowners' associations don't have enough financial problems already,
there are still boards that couldn't care less about the laws enacted by
the
Florida
legislature. Many homeowners, especially in Central Florida, have chosen
to change their yards and gardens to Florida Friendly Landscaping, before
freezing temperatures kill the
St. Augustine
grass that survived drought and cinch bugs of this past summer!
One
homeowner even suffers abuse [HOA
takes issue with homeowner's landscaping] from her
neighbors -- cheered on by a president who "doesn't like it." Bill Herring,
the president of the Lake Frances Estates
Property Owners Association was asked by a reporter about the landscaping:
"Do
you like it?" His answer: "No,
445 homes in here, about 700 people, and I've got one person." [Woman Fights HOA Over Eco-Friendly Plants]
Herring showed up in front of the camera with suspenders. Not everybody
likes it, but is disliking suspenders reason enough to go after this
president? Is disliking Florida Friendly Landscaping enough to pay an
attorney to write nasty letters, wasting good association funds to fight
something approved by the Florida legislature?
Board
members don't seem to understand that it has nothing to do with
"liking it." IT'S THE LAW! [FS
373.185 and FS 720.3075 (4)(a)].
The
statutes clearly spell it out (quote): "Homeowners’
association documents, including declarations of covenants, articles of
incorporation, or bylaws, may not prohibit or be enforced so as to
prohibit any property owner from implementing Florida-friendly landscaping."
The
board members of the Beacon Woods Civic Association, Inc. in Pasco County
[Remember: Man
jailed for brown grass freed]
are at it again. One of the homeowners, who decided to use Florida
Friendly Landscaping on his property, received a letter stating that he
has to get permission first [ARC
INVITATION]. What permission?
The laws clearly state that all that's required is the fact that the
plants used are approved by the program of the University of Florida -- or
a few other programs named in FS 373.185(3)
Please
read as well the article by Jodie Tillman published in the St.
Petersburg Times:
Beacon
Woods, homeowner clash over landscaping change
and
the Editorial of the St. Petersburg Times:
Community
targets homeowner's drought-tolerant plants
Despite
the fact that these statutes were signed into law effective July 2009, the
Beacon Woods board had failed -- nearly 1-1/2 years after enactment of the
law -- to enact any specific rules, but requires owners to follow these
non-existing rules -- or wait until the board finally makes its mind up
what they "like."
I
think the LETTER
from the Law Office of JOHN K. RENKE II -- dated November 12, 2010
-- says it all! Waste of good association funds! It is UNFORTUNATE
that attorneys, who should know better, are willing to write such letters
in obvious contradiction of Florida law. If the board members can't read
statutes, minimum the attorneys should be able to!
This
is just another example why the system called "Community
Association" fails the owners. Too much money being wasted on
incompetence -- and incompetent people have been given too much power by
our legislature!
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FS
720.3075 (4)(a) The Legislature finds that the use of
Florida friendly landscaping and other water use and pollution
prevention measures to conserve or protect the state’s water
resources serves a compelling public interest and that the
participation of homeowners’ associations and local
governments is essential to the state’s efforts in water
conservation and water quality protection and restoration.
(b) Homeowners’ association documents, including declarations
of covenants, articles of incorporation, or bylaws, may not
prohibit or be enforced so as to prohibit any property owner
from implementing Florida-friendly landscaping, as defined in s.
373.185(1), on his or her land or create any requirement or
limitation in conflict with any provision of part II of chapter
373 or a water shortage order, other order, consumptive use
permit, or rule adopted or issued pursuant to part II of chapter
373.
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FS
373.185(1) (b) “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.
(3)
Each water management district
shall also work with the department, local governments, county
extension agents or offices, nursery and landscape industry
groups, and other interested stakeholders to promote, through
educational programs, publications, and other district
activities authorized under this chapter, the use of
Florida-friendly landscaping practices, including the use of
solid waste compost, in residential and commercial
development. In conducting these activities, each district
shall use the materials developed by the department, the Institute
of Food and Agricultural Sciences at the University of Florida,
and the Center for Landscape Conservation and Ecology
Florida-Friendly Landscaping Program, including, but not
limited to, the Florida Yards and Neighborhoods Program
for homeowners, the Florida Yards and Neighborhoods Builder
Developer Program for developers, and the Green
Industries Best Management Practices Program for
landscaping professionals. Each district may develop
supplemental materials as appropriate to address the physical
and natural characteristics of the district. The districts
shall coordinate with the department and the Institute of Food
and Agricultural Sciences at the University of Florida if
revisions to the educational materials are needed.
(a)
The Legislature finds that the
use of Florida-friendly landscaping and other water use and
pollution prevention measures to conserve or protect the
state’s water resources serves a compelling public
interest and that the participation of homeowners’
associations and local governments is essential to the
state’s efforts in water conservation and water quality
protection and restoration.
(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.
(c)
A local government ordinance may
not prohibit or be enforced so as to prohibit any property
owner from implementing Florida-friendly landscaping on his
or her land.
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