Hummintwo |
01-23-2017 05:10 AM |
Florida Statute Quote
Quote:
Originally Posted by cheryl2court
(Post 1317270)
Did you know that the Architectural Committee's (ARC) cannot be challenged? This is so, even if a resident totally removes all grass and replaces it with Pine Straw (4 sides of his property) on his golf course lot without prior approval. As long as the resident uses "Florida- Friendly plants, this is so in District 5, the Villages of Poinciana.
When we purchased a home in the Villages we agreed to abide by certain covenants, as are still stated on the Villages website. On one condition is: Florida Statute 373.185:
"A deed restriction or covenant may not prohibit any property owner from implementing Florida-friendly landscaping on his or her land. Florida-friendly landscaping refers to the utilization of drought tolerant "plants". It does not mean that sod may be replaced with rock, decorative stone, pine straw, mulch or similar non-plant material; however, those non-plant materials may be used as an accent around the said plantings."
If this covenant has been amended, it is not mentioned on the website. Why not?
Yet, a resident can be threatened with a fine/day if a Patriotic flower is not removed from their front lawn; also a covenant- no lawn ornaments.
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The key wording regarding "It does not mean....etc. Two specifics are "it does not mean," example change lay of land (grade). The other word "accent" means just that not impacting the grade - lay of land necessary to not impact the neighboring properties in a negative way.
I am not reading or looking at our resident covenants to know for a fact that only a front yard grass requirement exists but State Statute referenced here does not limit protections to a front yard.
State statutes supercede any covenants we may have when express requirement that is less than state law. The same thing would apply regarding Federal Statutes. We read all the time about challenges but in the end it is to have consistency for all regardless of where we live or at least we like to think so.
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