Lawn and planting standards are found in the governing documents of most Florida homeowners associations. Those standards are limited by state law in one important respect: an owner may not be prohibited from using Florida-friendly landscaping. The rule is often misunderstood by owners and boards alike, so the statute and its practical effect are outlined below.
This article is general information and is not legal advice. The association's attorney should be consulted.
What the Statute Says
The rule for homeowners associations is found in section 720.3075(4) of the Florida Statutes. Under that section, association documents, including declarations of covenants, articles of incorporation, and bylaws, may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land. The documents also may not create a requirement or limitation that conflicts with the water use provisions of part II of Chapter 373, or with a water shortage order or similar order issued under it.
A matching rule appears in section 373.185(3), which applies to deed restrictions and covenants generally and to local government ordinances.
The reason is stated in the statute itself. The use of Florida-friendly landscaping to conserve and protect the state's water resources was found by the Legislature to serve a compelling public interest, and the participation of homeowners associations was described as essential to that effort.
What Counts as Florida-Friendly Landscaping
The term is defined in section 373.185. It means quality yards and plantings that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. Nine principles are listed:
- 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
- Waterfront protection
Planning and design, soil analysis, the appropriate use of compost, reduced irrigation, and proper maintenance are named as additional components. Educational material on these principles is published by the University of Florida's Florida-Friendly Landscaping Program.
What an Association May Still Do
The statute bars a prohibition. It does not say that an owner may do anything at all in the name of water conservation, and it does not remove the association's architectural review process. In practice, the following are generally still handled by the association, as long as Florida-friendly landscaping is not prohibited in the result:
- An application and plan may be required before major changes are made
- Maintenance standards may be enforced, so that beds are weeded, edged, and kept free of dead material
- Invasive species may be barred
- Drainage patterns, easements, and sight lines at corners may be protected
- Common areas remain under the association's control
A neglected yard is not made compliant by calling it Florida-friendly. A planned, maintained yard that follows the nine principles is protected.
Because the line between regulation and prohibition is not drawn in detail by the statute, written guidelines should be reviewed by the association's attorney before they are adopted or enforced.
A Note on Artificial Turf and Backyards
Artificial turf is not part of the Florida-friendly definition. A separate statute, section 720.3045, provides that an association may not restrict owners from installing, displaying, or storing items that are not visible from the parcel's frontage, an adjacent parcel, an adjacent common area, or a community golf course. Artificial turf and vegetable gardens are among the examples listed. Where turf would be visible from those places, the governing documents still apply.
Steps for Owners
A project goes more smoothly when the association is brought in early.
- The governing documents and any design guidelines should be read before plants are purchased.
- A simple plan should be prepared that shows plant types, bed locations, mulch, and irrigation changes.
- The plan should be submitted through the architectural review process, with a note that it follows Florida-friendly principles.
- Approval should be obtained in writing before work begins.
- The finished yard should be maintained to the standard shown in the plan.
Steps for Boards
Boards are well served by getting ahead of the question.
- Design guidelines should be updated so that Florida-friendly plants and practices are plainly allowed
- A list of suggested plants suited to the local area may be offered to owners
- Applications should be decided on consistent, written criteria
- Common-area plantings and irrigation should be reviewed for water savings, which can lower operating costs
- The landscaping contractor should be asked whether its practices follow Florida-friendly principles
Clear guidelines reduce disputes and help the committee treat every application the same way. More on shared grounds can be found in our post on
HOA practices for common areas, and the board's wider duties are covered in
the role of the board of directors.
Help With Landscaping Standards
Architectural review, vendor oversight, and guideline updates are coordinated for the communities managed by Condominium Associates. To talk about your association's landscaping standards,
contact us.
