BEING JAILED FOR BROWN GRASS?

An Opinion By Jan Bergemann

Published July 22, 2025

This actually happened to the owner of a home in a HOA in Tampa! This is not an April Fool’s joke!

Let’s start with a little disclaimer: The lady did everything wring, most likely due to the fact that she didn’t follow the rules, obviously unaware of the way she is supposed to act if running afoul with the rules and regulations of a HOA regulated by FS 720. But is being a legal eagle a requirement when buying property in a community association?

It all started with brown grass on her lawn and a little dent in her garage door and ended up of her being arrested on the street and thrown into jail for seven days. In the end it was contempt of court that got her thrown into jail, but it could all have been easily avoided if she would have had proper presentation, something she surely couldn’t afford.

She claimed that some of her lawn turned brown due to watering restrictions. And that’s a fact! St. Augustine grass dies fast if not watered very often. It’s a water-guzzler, even if the UF will not admit it. Remember, UF was tasked by the Florida Legislature to determine what Florida-Friendly Landscaping actually is. But often money is more important than facts!

The dent on the garage door was barely visible and the brown grass was as well visible on many of her neighbors’ properties, meaning there was the possibility of the defense of selective enforcement.

No matter what: No owner should be thrown in jail because of a violation of deed-restrictions. And contempt of court? Let’s face it: I have seen cases in much more cases where associations totally ignored court rulings – and nothing happened. And in a case like that a mother gets arrested on the street, with the daughter in her car, and thrown in jail for seven days? Where are we coming to?

HOA violations involving woman's brown grass led to her being arrested and jailed for 7 days