Article Courtesy of The Sun Sentinel

By Daniel Vasquez

Published July 29, 2010

Lesia DeFelice spent seven years landscaping her Deerfield Beach home with lush trees, plants and small patches of fake grass to make it environmentally-friendly and allergy-free - a popular water-conserving process called "xeriscaping" that is encouraged by the state of Florida.

The effort, however, has landed her in court facing a lawsuit from her homeowners association, which is demanding the artificial grass be removed.

removed and for the DeFelices to eventually repay the association for attorney fees incurred by the turf tiff.

DeFelice's HOA beef highlights the trouble homeowners in shared communities may run into when their enhancements and alterations to landscaping conflicts with homeowners' rules or the sensibilities of board members. And it is reminiscent of a recent and ongoing case involving a Hollywood homeowner who converted his front yard to a low-maintenance landscape covered by rocks to eliminate grass cutting and watering. The Hollywood code enforcement department is investigating whether the move contradicts city codes that encourage greenery.

"My neighbors love what I have done, I get compliments all the time," DeFelice said. "And I made sure to consult my board at the time I started, but now we have a new board who wants to change things." She said she applied and was approved in 2004. The board says she did not apply until 2008 and was rejected.

The association also views the DeFelice's ongoing landscaping efforts as "willful and intentional disobedience of the association's documents," according to the suit. When reached by phone, association attorney Jeffrey S. Gerow, who practices in Boca Raton, declined to comment and said he advised HOA board members not to respond to questions about the case.

"I'm not sure why she called you but I do not want to try this in the press," he said. "This case is in litigation and I have no comment and I am advising my clients not to comment."

While her board may believe she is in violation, DeFelice says there is no rule in the community's governing documents that specifically forbids artificial landscaping or xeriscaping.

DeFelice's efforts also appear to be in line with what the state of Florida is encouraging homeowners to do. Florida Statute 720.3075, for instance, reads in part that "Florida friendly landscaping and other water use and pollution prevention measures to conserve or protect the state's water resources serves as a compelling public interest and that the participation of homeowners associations and local governments is essential to the state's efforts in water conservation."

The law also states that homeowners association governing documents and bylaws "may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping."

The crux of the The Gates of Hillsboro vs. the DeFelices may come down to whether or not artificial grass may be prohibited.

"I have checked out documents and there is no rule against any of this," said DeFilice. "I am making a stand here because xeriscaping is important and I have done nothing wrong."

She counts among the benefits sightings of near-extinct snakes in her yard, the fact that she does not use up any city water (the only water used comes from a 250-pound rain barrel) and that the Astro Turf in particular protects tree roots, thwarts weed infestation and protects her from allergies. DeFilice is allergic to many kinds of grasses.

But DeFilice's case also brings up another important issue: What to do when your board accuses you of violating a rule?

Experts say the first thing you should do is ask board members to cite a specific rule; do not just rely on the word of a board president or other director. One way to do it is to send a certified letter to the board. The query should pose one to two specific questions. A good example is "Can you please reveal the exact rule and wording I may be in conflict with?" By law, associations are required to respond to a query within 30 days - or 60 days if it must consult an attorney.

DeFelice could rip out the artificial grass and pay attorney fees and walk away. Her response to that" "So what am I in court fighting for? Conserving water, saving a trip to the doctor for allergy injections and the right to live and enjoy the American dream."

Bless you and Amen.