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By Jon Carroll

There are many signs of spring in the air; crowded beaches, the sound of lawnmowers starting up after their winter hiatus, new blooms and accompanying allergies.  As you begin your spring plantings, did you know that Florida Statute (F.S.) protects Florida-friendly landscaping in Homeowners Association neighborhoods?

Under F.S. § 373.185, Homeowners Associations may not enforce covenants which prohibit property owners “from implementing Florida-friendly landscaping on his or her land.”

The statute defines “Florida-friendly landscaping” as “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.”

The governing documents of my own neighborhood’s HOA even contain a provision on Florida Friendly Landscaping.  According to the community’s charter, the HOA “shall encourage best management practices cited by the University of Florida in the Institute of Food and Agricultural Sciences’ “A Guide to Florida-Friendly Landscaping” for landscape installation, irrigation, and fertilizer and pesticide applications as to the Units…”’

However, as with anything, the devil is in the details, and F.S. § 373.185 is not a carte blanche pass allowing homeowners to completely ignore an HOA’s rules regarding landscaping.

HOAs may still place restrictions on the manner and appearance of Florida-friendly landscaping, so long as those restrictions do not effectively prohibit it altogether. For example, associations may adopt reasonable guidelines regarding design, placement, and maintenance, including requirements for neatness, defined borders, or approval of a landscaping plan before installation. HOAs may also regulate issues such as visibility at intersections and drainage concerns. In practice, this means that while a homeowner may have the right to incorporate native plants or reduce turf grass, they are not free to create an unmaintained or aesthetically inconsistent yard that conflicts with legitimate community standards. The balance struck by the statute allows for environmentally conscious landscaping while preserving an association’s ability to maintain a cohesive and orderly neighborhood appearance.

In situations where an HOA wrongfully denies a homeowner’s landscaping application, the unfortunate reality is that potential litigation costs may dissuade homeowners from exercising their rights to Florida-friendly landscaping. Even when a homeowner is legally in the right, the prospect of hiring counsel, responding to enforcement actions, or pursuing declaratory relief against an HOA can be both time-consuming and expensive. Additionally, under Florida Statutes § 720.305, the prevailing party in an HOA dispute is entitled to recover reasonable attorney’s fees and costs. While this allows a successful homeowner litigant to recover litigation costs, the prospect of having to pay the association’s costs, if the homeowner were to lose, could serve as a deterrent to pressing one’s rights.

If you are interested in learning more about Florida-friendly landscaping, there are many excellent resources available. Organizations such as the Florida Native Plant Society provide education, plant guides, and local chapter support focused on using native species. For those looking for inspiration and practical guidance, Backyard National Park promotes the idea of turning residential landscapes into thriving habitats for wildlife. Locally, nurseries like Sandhills Native Nursery specialize in plants that are well-suited to Bay County’s soil and climate conditions. Homeowners can also consult the University of Florida Institute of Food and Agricultural Sciences, which offers research-based publications and often hosts workshops through its county extension offices. Together, these resources can help ensure that your landscaping choices are not only compliant with Florida law, but also sustainable, attractive, and beneficial to the local environment.

Jon Carroll is a licensed attorney.  The information in this column is provided for educational and informational purposes only, and does not constitute legal advice, nor establish an attorney client relationship.  Consult a qualified attorney in your jurisdiction for legal advice specific to your situation.

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South Walton Life | 30A News, Events and Community Information