Are Home Owners Associations (HOAs) able to prevent people from removing their lawns?
The law (373.185 F.S. and other chapters) does not invalidate architectural control committees or landscaping committees. It merely states that covenants, restrictions, and ordinances may not prohibit Florida-Friendly Landscaping practices. • US Supreme Court: Police powers of the States to protect public health and welfare may trump private contracts. • Does not invalidate Landscape Committees or Architectural Control Committees It does apply reasonable limits. • Does prohibit mandates that require: • water-wasting practices such as overwatering of plants or inappropriate site design; • inappropriate placement of plants such that regular irrigation is required to keep the plants healthy or prohibitions on attractive, well suited plants in the landscape in favor of other plants that are less well suited to the site (wrong plant, wrong place); • excessive or improper fertilization; • excessive use of pesticides. • Does prohibit any watering mandates that are in violation of Water Manage
