MARSH SOUND ASSOCIATION LOSES LAWSUIT OVER FLORIDA-FRIENDLY LANDSCAPING

By Jan Bergemann
President, Cyber Citizens For Justice, Inc.

Published September 10, 2013

A Duval County homeowners' association lost a lawsuit over the application of Florida-Friendly Landscaping. The Florida legislature passed laws in 2009 trying to deal with the ever-growing water problem. This law came in response to the problems created by the declarations of many homeowners' association requiring St. Augustine grass to be used for landscaping. St. Augustine grass is known as a big water guzzler and requires the use of lots of pesticides to stay healthy.

These demands for St. Augustine grass in association's CC&Rs made absolutely no sense considering the many watering restrictions counties had to impose due to years of drought.

And who says that gardens using the Florida-Friendly Landscaping concept can't look very pretty? Just look at the picture on the right -- that's definitely a lot prettier than many gardens I have seen using St. Augustine grass.

Neighbors should be happy if they can look at a neighbor's garden looking like this.

I know the argument: You knew the rules when you bought into this community! Yes, but there are also laws that supersede these rules.

A picture -- taken this summer -- of the garden that caused the lawsuit. I think it's pretty, but tastes obviously differ!

And it's especially sad when the party trying to enforce rules is violating its own rules. As the judge pointed out in his ruling: "The 30th day was March 10. Ms. Floyd's March 15, 2011, denial came too late. The lapse of 30 days constituted a default approval of the annotated, resubmitted site plan as of March 11, 2011, pursuant to paragraph 8.4. (of the Declaration)."

This is clearly just another case where a homeowners' association and its attorney wasted every neighbor's money by filing a lawsuit after violating their own rules.

The moral of the story: "Don't accuse others of breaking the rules if you don't follow your own rules in the first place!"

COURT ORDER FOR SUMMARY JUDGMENT

MARSH SOUND ASSOCIATION, INC. vs. JULES and SUSAN SIDLE

For statutes and explanations regarding Florida-Friendly Landscaping please

CLICK HERE