Article Courtesy of The Orlando
Sentinel
By Kevin Spears
Published September 5, 2016
A legal battle between an Orange County homeowner wanting to
eliminate irrigation and fertilizing in her yard and a neighborhood association
favoring lush lawns has ended in a secret settlement, disappointing those hoping
for an environmentally favorable precedent.
Renee Parker was sued by a homeowner
association in 2012 for planting drought-tolerant landscaping in
a neighborhood dominated by pampered lawns. Although the case
was widely watched for an interpretation of state law, Parker
said the court fight left her ill from stress and not able to
continue.
She was not available to speak in person and in emails shared
photos of her yard, now covered with a new, conventional lawn.
"The house is for sale," Parker said of her home in the
Summerport community near Windermere and west of Orlando.
At issue was a 2009 state law crafted to protect Floridan
Aquifer, river and lake waters from overuse and pollution by
promoting use of turf and plants that don't need irrigation and
chemicals. |
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Renee Parker's drought-tolerant landscape was target of
lawsuit.
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Parker, who works as a program supervisor at Orange County's Environmental
Protection Division, had planted flowers, shrubs and Argentine bahia grass that
allowed her to eliminate most water and fertilizer costs.
The law also declares residents who pursue environmentally friendly yards are
shielded from homeowner association demands for more conventional lawns.
Yet homeowners and associations have had sharply different interpretations of
the law.
"It's a very weak law," said Jeannette Moore, a St. Augustine real-estate broker
who specializes in environmentally friendly properties. She maintains a Facebook
page as a resource for Floridians stymied in applying the 2009 law.
The page title is "Homeowners for Florida Friendly Yards."
"The Parkers were dragged through the mud, swamp and everything else," Moore
said. "It was an ugly, ugly case."
The suit was filed by the Summerport Residential Property Owners Association.
The association's president, Steve Fisher, did not respond to requests for
comment.
Summerport lawyer Robert Taylor of Orlando commented briefly on the lawsuit.
Both sides agreed in March to have the case dismissed, although a final order is
still listed as pending.
Taylor said the litigation was not likely to have meaning for similar cases
elsewhere in Florida.
"This was an individual case about an individual community with an individual
person with an individual set of documents," Taylor said.
Moore disagreed, saying many residents were watching the case for lessons in how
to defend against an association lawsuit and for possible legal precedent.
"Since there are no teeth in the statute it has become a political issue," Moore
said. "It shouldn't be political."
The University of Florida's Institute of Food and Agricultural Sciences, a
primary promoter of Florida-friendly landscapes, distances itself from legal
fights.
"I would like to make it clear that we are educators, not lawyers," said Esen
Momol, now director of the institute's Florida-Friendly Landscaping Program,
when the Parker lawsuit was filed. "We will not get involved with any disputes."
Landscape and fertilizer companies contend lawns can be of minimal harm and even
beneficial by preventing erosion when lawn crews and residents carefully follow
product directions and irrigation guidelines.
But local governments exert much effort in addressing sloppy application of
fertilizer and pesticides, poorly maintained sprinkler systems and homeowners
and lawn crews who sweep yard cuttings into streets and storm drains.
Parker said she attempted to solve those concerns and another matter; her sandy
yard drys out rapidly, requiring heavy irrigation to sustain conventional grass.
An Orlando lawyer who focuses on community associations, Barbara Stage, agreed
to represent Parker without charge, although she faced potentially significant
legal costs.
Stage said she had hoped the case would provide clarity for the state law and
relief to homeowners who are often exhausted by the grind of litigation.
Stage said residential landscaping is a critical issue for the state's
environmental health that should not be shaped by lopsided contests.
"You are fighting over grass and when it starts to take a toll on your health it
gets to be too much," Stage said. "Associations count on you not having the
money to litigate or not being able to stand up to the stress." |