WHAT HAPPENS IF THE WELL RUNS DRY? Court rules against water-saving landscaping! |
An
Opinion By Jan Bergemann Published March 31, 2008
Judge John Marshall Kest from the Circuit Court of the Ninth Judicial Circuit in and for Osceola County made it real easy on himself. In his ruling he avoided any mention of Florida-friendly landscaping or the serious problems our state has with trying to preserve water. His ruling just referred to violations of the Master Declaration of Covenants, Conditions, Restrictions, Easements and Reservations and he ordered the homeowner to cease and desist from altering his landscaping without approval and shall return the landscaping at his home to either (A) its approved condition prior to his unapproved changes or (B) another condition approved in writing by the DRB. Easy way for the judge to avoid controversy!
Actually,
even if the ruling is correct according the CC&Rs, it makes very
little sense considering the constant drought
The same homeowner, now forced to resod his yard with St. Augustine grass, known as the biggest water-gobbler of all, will receive in a little while a violation letter for "brown spots on the lawn" from the same homeowners' association board that forced him to remove his water-saving landscape.
Even Florida's legislature took note and passed FS 720.3075 (4): (4) Homeowners' association documents, including declarations of covenants, articles of incorporation, or bylaws, entered after October 1, 2001, may not prohibit any property owner from implementing Xeriscape or Florida-friendly landscape, as defined in s. 373.185(1), on his or her land.
This provision tries to conserve water through Xeriscaping or engaging in Florida Friendly Landscaping, but only for CC&Rs entered after October 2001. Everybody else who lives in a mandatory homeowners' association, where a board lacks common sense, will have to continue to waste water by the truckload -- even trying to disregard county water restrictions in order to avoid receiving nasty violation letters and expensive fines from the HOA board. County fines are normally much less expensive than association fines. And since owners are forced to pick the lesser of two evils, they will most likely violate county restrictions!
The press release from the homeowner involved in trying to preserve water says it best -- nothing needs to be added! Common sense is dead!
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