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Below are some statutes in regards to Florida-friendly landscaping
in homeowners' associations. Hopefully the wording will clarify earlier
used language that has led to lawsuits -- especially when trying to
interpret the word "XERISCAPE!"
HERE IS THE WORDING OF THE STATUTES THAT REGULATES "FLORIDA-FRIENDLY
LANDSCAPING":
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FS
720.3075 (4)(a)
The Legislature finds that the use of Florida-friendly
landscaping and other water use and pollution prevention
measures to conserve or protect the state's water resources
serves a compelling public interest and that the participation
of homeowners' associations and local governments is essential
to the state's efforts in water conservation and water quality
protection and restoration.
(b) Homeowners'
association documents, including declarations of covenants,
articles of incorporation, or bylaws, may not prohibit or be
enforced so as to prohibit any property owner from
implementing Florida-friendly landscaping, as defined in s. 373.185,
on his or her land or create any requirement or limitation
in conflict with any provision of part II of chapter 373 or
a water shortage order, other order, consumptive use permit,
or rule adopted or issued pursuant to part II of chapter
373.
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FS
373.185(1)
Local
Florida-friendly landscaping ordinances.
(1) As
used in this section, the term:
(a) "Local
government" means any county or municipality of the
state.
(b) "Florida-friendly
landscaping" means quality landscapes that conserve
water, protect the environment, are adaptable to local
conditions, and are drought tolerant. The principles of
such landscaping include planting the right plant in the
right place, efficient watering, appropriate
fertilization, mulching, attraction of wildlife,
responsible management of yard pests, recycling yard
waste, reduction of stormwater runoff, and waterfront
protection. Additional components include practices such
as landscape planning and design, soil analysis, the
appropriate use of solid waste compost, minimizing the
use of irrigation, and proper maintenance.
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In
order to avoid lawsuits and/or arbitration each board of administration of
a Condominium or Home Owners Association should adopt Florida-friendly
landscaping specifications for its association.
New Florida landscaping law supersedes homeowner association rules
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