Florida-Friendly Landscaping
Statute, F.S. 373.185 and the threat of F.S. 720.305 that homeowners face when their landscaping plans
are rejected by an HOA board
The Florida-Friendly landscaping statute F.S. 373.185, Click Here clearly states that you have the right to landscape your yard with Florida Friendly Plants. If you look at Florida Statute 720.3075 and go to 4a, you will see what appears to be more protection for the homeowner landscaping with native plants. Click Here
Please check below link for a thorough discussion about this law and the risks you take when going against your HOA, Click Here. And for a look at the Florida Friendly Landscaping Program offered by the University of Florida, Click Here.
In this link, Click Here, you will find many of your questions answered by Kathy Malone and others who work for the University of Florida IFAS.
Homeowner and condominium associations have restrictive covenants governing the aesthetic appearance of home landscapes. There is often a fine and all costs to you and those incurred by the association if you lose in court. You are at the mercy of an uninformed judge.
Your association should have a list of approved plants including many native species. It is unfortunate that the use of any native plant isn’t your right and that you may be limited to only a few species by your HOA.
Rules regarding the placement of plants, their heights and the amount of sod required can be frustrating when you are trying to be creative. Although, these may prevent an uninformed homeowner from just laying down artificial turf or mulch, “to conserve water.”
I have personally been frustrated over the years by the limit of shrub height, often based on the maximum height of the plant if not maintained, and the requirement that trees be under 35 feet tall. Try clippers dear Henry, dear Henry, dear Henry.
All of the non native shrubs commonly used will get at least twenty to fifty feet tall if not maintained. Think ficus, podocarpus, dwarf schefflera, areca palms and even the green island ficus groundcover. Just for your information, native live oak makes a nice hedge if clipped.
The limitations that I find acceptable include requiring hedges to be placed far enough onto your property that you can maintain them and not require your neighbor to as well. Tall hedges on the north side of your property may need to be kept below eight feet so that they don’t shade your neighbor’s property.
Safety issues include views to the street or sidewalk from the driveway. Plant roots may invade septic drain fields and may find their way into a home plumbing system and clog various drains. Keep Ficus species away from the house.
It is unnecessary to remove trees lining a road or walkway. Their roots can now be managed in various ways. Many “Tree Cities” have solved this problem.
The solution to many of the problems encountered by a hostile HOA is to create an administrative process where statutorily appointed and trained specialists settle disputes as to whether a landscape practice is Florida-friendly and safe.
Aesthetics should be decided by the homeowner only. A yard full of non native weeds, of course, is not acceptable. A wildflower meadow of native plants is acceptable, even when allowed to go to seed.
Individuals from the University of Florida Institute of Food and Agricultural Sciences (IFAS) faculty or extension agent, Water Management District and Department of Environmental Protection (DEP) scientists would act as hearing officers for a small or no fee to the homeowner or HOA. Please see third link above for more detail.
This would take the financial burden off of homeowners and their communities when disputes arise and also encourage more creativity. Native landscapes are more beautiful than the tired look of the last forty years and are becoming widely accepted.
I am pleasantly surprised by the sincerely encouraging comments by the neighbors of my customers and feel that the time for native landscapes is now.