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New Law - Vegetable Home Gardens NOT OK

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  #46  
Old 08-10-2019, 09:13 AM
Polar Bear Polar Bear is offline
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Originally Posted by Chellybean View Post
State and Federal Law preempts anything you signed.
Don't believe the Powers to be your being lied to. The Deed restrictions would not hold up in court and they know that!
You pack a lot of ‘wrong’ into a brief post.
  #47  
Old 08-10-2019, 09:40 AM
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Originally Posted by graciegirl View Post
I hope Marathon Man is right. Do you really long for a vegetable garden in your yard CNM?
I sure don't.
  #48  
Old 08-11-2019, 03:29 PM
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Dang! I just got the plow attachment for my riding mower.
  #49  
Old 08-11-2019, 04:12 PM
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Originally Posted by Chellybean View Post
State and Federal Law preempts anything you signed.
Don't believe the Powers to be your being lied to. The Deed restrictions would not hold up in court and they know that!
I'm going to listen to an attorney way before I listen to someone on here. Your opinion is just that, an opinion. Contract law does not go away just because a new law is enacted.

It is irresponsible to tell people to ignore deed restrictions. That has cost a lot of people money. Listening to people who turn out ot be wrong.
  #50  
Old 08-11-2019, 05:10 PM
OrangeBlossomBaby OrangeBlossomBaby is offline
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Originally Posted by pacjag View Post
Fortunately, or unfortunately, you seem to be incorrect.

FL law protects your rights to grow vegetables, but not if you live under HOA rules • IAC

The new law restricts local governments but does not apply to HOAs or deed restrictions agreed to by a property owner.
That is an article about a law. Read the actual law. It very specifically does not allow communities to forbid homeowners planting vegetable gardens. The law was passed BECAUSE a community tried to prevent a homeowner planting a vegetable garden. The court ruled in the homeowner's favor. The court case was Ricketts vs. Miami Shores. Ricketts won.

The law is SB82. The text in question is here:
Quote:
(2) Except as otherwise provided by law, a county,
21 municipality, or other political subdivision of this state may
22 not regulate vegetable gardens on residential properties. Any
23 such local ordinance or regulation regulating vegetable gardens
24 on residential properties is void and unenforceable.
the numbers 21, 22, 23, and 24 are line numbers. I bolded the applicable part.

As I said before - there's no room for interpretation. It is very specific and precise.
  #51  
Old 08-11-2019, 07:16 PM
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Quote:
Originally Posted by Jazuela View Post
That is an article about a law. Read the actual law. It very specifically does not allow communities to forbid homeowners planting vegetable gardens. The law was passed BECAUSE a community tried to prevent a homeowner planting a vegetable garden. The court ruled in the homeowner's favor. The court case was Ricketts vs. Miami Shores. Ricketts won.

The law is SB82. The text in question is here:

the numbers 21, 22, 23, and 24 are line numbers. I bolded the applicable part.

As I said before - there's no room for interpretation. It is very specific and precise.
We will see. I have been here for more than a dozen years. My money is on the no vegetable gardens in the front yard. I doubt we have many who want to plant them anyway, but we sure do have some who like to debate. And like to be right. I don't give a hill of beans.
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  #52  
Old 08-11-2019, 07:47 PM
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Quote:
Originally Posted by Jazuela View Post
That is an article about a law. Read the actual law. It very specifically does not allow communities to forbid homeowners planting vegetable gardens. The law was passed BECAUSE a community tried to prevent a homeowner planting a vegetable garden. The court ruled in the homeowner's favor. The court case was Ricketts vs. Miami Shores. Ricketts won.

The law is SB82. The text in question is here:

the numbers 21, 22, 23, and 24 are line numbers. I bolded the applicable part.

As I said before - there's no room for interpretation. It is very specific and precise.
However, we are not talking about a local ordinance or regulation, which is by its nature one sided. A government entity establishes something that the general populace must honor. In TV, the vast majority of homeowners have agreed to a deed restriction. This was a mutually agreed upon restriction and not done by a county, municipality, or other political subdivision. That is a noteworthy difference.
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  #53  
Old 08-11-2019, 09:21 PM
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Correct. The law restricts local governments but has no affect on HOA rules or deed restrictions.
  #54  
Old 08-11-2019, 10:39 PM
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Originally Posted by biker1 View Post
By "recycled water", if you mean water that is treated by the sewage treatment plants then this is not an issue if you live north of 44. Recycled water from the sewage treatment plants is not used for residential irrigation north of 44. It is used for golf course irrigation. South of 44, recycled water from the sewage treatment plants may be used for residential irrigation.
Interesting. The water coming from irrigation in our area which is near Mallory CC between 466A and 466 for the first 5 minutes or so smells like someone's toilet overflowed. I was told it was "reclaimed water for irrigation only." Not sure where it is reclaimed FROM but when it gets on me I head for the nearest emergency decontamination facility!
  #55  
Old 08-12-2019, 05:38 AM
Phil_Linda Phil_Linda is offline
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A question? Is there not a provision about not allowing Satellite TV with the antennas on the roof? Yet, according to some that have told me the FCC stepped in and said the Villages can't stop one from watching TV? Dose this not seem to be the same.
  #56  
Old 08-12-2019, 05:46 AM
jedalton jedalton is offline
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Quote:
Originally Posted by Mikeod View Post
Nope, it’s not just an opinion. The author of the bill, Rep. Hage, confirmed that it is not the intent of the law to affect voluntarily agreed upon restrictions and that the deed restrictions every one signed (except perhaps those on the historic side) fall into that category. He intends to introduce language more specifically addressing that distinction in the next session.
don't see how a village rule can supersede a Florida law?
  #57  
Old 08-12-2019, 06:44 AM
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Thank goodness. I sent an email to our reps that this is a bad idea and cannot imagine why they would approve such a bill. I can see someone planting Jack’s beanstalk and think it is okay. Looking for that clarification. I paid a lot of money to live in a beautiful place and want to keep it that way.
  #58  
Old 08-12-2019, 06:51 AM
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What makes living here so wonderful is the all the beauty, neatness and cleanliness around us! Why would anyone wish to scar that with an unsightly vegetable garden in their front yard is beyond comprehension. Plant vegetables in pots, or on the sides or back of the house if you must. How many vegetables do we really need to grow here? It's not like we are feeding a growing family. Plus most people can't/don't maintain their own yard or trim their own bushes and trees - they hire it done. How can they then maintain a garden? It's probably a non-issue here, although there will probably be those who HAVE to exercise their "rights" no matter how it effects others.
  #59  
Old 08-12-2019, 07:13 AM
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Default How is this different from satellite dishes?

When the law was passed that any home may mount a satellite dish, that superseded all homeowner association rules and city laws. How is this any different?
  #60  
Old 08-12-2019, 07:20 AM
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Quote:
Originally Posted by toeser View Post
When the law was passed that any home may mount a satellite dish, that superseded all homeowner association rules and city laws. How is this any different?
Exactly, the owners had agreed to a HOA condition, and the law superseded it.

I do think this is getting more debate than it will actually result in issues.

Also, the condo's can still enforce rules about how and where they satellite dishes can be installed for appearances and safety. So, I expect here you will be able to grow vegetables, but under controlled conditions that minimize the visual impact.
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