NEW TAMPA - If members of a homeowners association don't like the way a particular lawn looks, can they replant the sod over the owner's objections without getting a court order first?

This past week, Hillsborough Circuit Judge Paul Huey held a hearing in a case that should provide a legal answer to that question, perhaps for the first time in history. 

More than just a spiffy lawn is riding on the answer in a case between the Pebble Creek Homeowners Association and the owners of the lawn, Edward and Billye Simmons.

"If the judge rules against us, the homeowners association has no means to enforce deed restrictions," said Michael Carricato, the association's president, during a meeting last month with residents.

If the judge rules for the association, it would set a precedent that would infringe upon Florida property rights, argued Burton Williams, the attorney hired by the Simmonses.

During Wednesday's hearing at the county courthouse, Williams said he could not find another case in the country where a homeowners association entered a property to fix a problem without the owner's consent or a court order.

"I find that to be fantastic," a skeptical Huey said, asking the association's attorney, Ricky Thacker, if this was indeed the first case of its kind. "That's a bold statement."

But Thacker said he was unable to refute Williams' claim because he hadn't done research to see if there had been similar cases.

This unlikely road toward history began in January 2002, when the association replaced the sod at the Fox Hollow Road house owned by the Simmonses after sending them warning letters during the previous 16 months. It then billed the couple $2,212 for work performed by Michael Meggison Services, a lawn repair company owned by Michael Meggison, who at the time was an officer of the association. The association put a lien on the house and sued in July when the couple refused to pay.

Pebble Creek is a deed-restricted community that allows the homeowners association to penalize residents for property violations. Homeowners must sign an agreement with a deed covenant that allows the association to enter a property and fix a problem without owner consent.

But Williams, the Simmonses' lawyer, said another provision in the agreement contradicts that one, and the agreement is therefore unclear.

Wednesday's hearing was to consider whether Huey should throw out the Pebble Creek lawsuit because the homeowners association had overreached its authority. The judge's decision on dismissing the case is expected this week. Williams conceded his attempt to get Huey to throw the case out was a long shot, but said he was still confident his arguments would prevail.

In effect, Pebble Creek took the law into its own hands when it replaced the lawn without getting a court order, Williams said.

"They should have filed an injunction," Williams told Huey. "The association wants to put you out of a job. They want to be the judge, jury and prosecutor."

But Thacker told Huey the association was merely following its own rules. He said the association had sent the couple "three or four" letters warning them the lawn would be replaced if the couple did not improve it. Florida law makes no mention that an association can't fix a lawn without a court order, Thacker said, so therefore it can.

Huey said he would read legal material supplied to him by Williams before deciding whether to dismiss the case. 

"It's hard to believe there haven't been any cases like this before," Huey said. "Right now, I don't know what the law allows."