TALLAHASSEE, Fla. – July 7, 2009 – A new law empowers Florida homeowners to ignore some community’s covenants or deed restrictions to create an environment-friendly yard.

A water conservation bill signed last week by Gov. Charlie Crist, SB 2080, included an amendment concerning Florida homeowners’ lawns. Introduced as a stand-alone bill by Sen. Carey Baker (R-Eustis), the drive to empower homeowners to plant Florida-friendly yards was rolled into the larger water bill, and a side note to the larger issue.

According to the new law, the state has a “compelling public interest” in conserving water, and “the participation of homeowners’ associations and local governments is essential to state efforts in water conservation.” Consequently, the law creates new rules for local water districts, governments and homeowners’ associations.

For associations, the law says a “deed restriction or covenant may not prohibit or be forced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land.”

The law creates questions, however, such as which plants are appropriate and which are not, and calls on the water management districts to work with the Florida Nursery Growers and Landscape Association to create more specific guidelines. Developers are studying the new law.

Still, it could empower current residents to take on their homeowners’ association. A homeowner could, for example, decide to fill his yard with Florida wildflowers and ignore a deed restriction, such as a requirement for all homes to use St. Augustine grass, which requires a lot of water to maintain.

The University of Florida IFAS has extensive information on native and non-native plants, and offers general guidelines on Florida-friendly landscaping at: http://fyn.ifas.ufl.edu/index.html

© 2009 FLORIDA ASSOCIATION OF REALTORS®