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Don't Let Homeowner Associations Keep You From A Greener Life

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By CHRIS DEWEY

Special to the Tribune

Published: April 13, 2008

For most of us, living greener can be mainly achieved through more efficient use of water and energy in our homes and yards. But for some of us, our green living choices are limited because of existing homeowner association codes, covenants and restrictions.

Now is the time for homeowner association leadership to explore ways to help support the environmental consciousnesses of their residents.

Some common standards require certain practices that are environmentally unfriendly and prevent us from saving money through conservation of water and energy resources.

Well-intentioned standards can also encourage excessive use of fertilizer and pesticides, with the unintended consequence of degrading the water resources we highly value for swimming, fishing and boating. Whose property values decline when nuisance vegetation replaces the open-water view prized by homebuyers?

Homeowner associations are empowered to prohibit many choices in the interest of maintaining community property values, but in the Sunshine State they cannot prohibit several things, including using a clothesline to dry laundry in your yard.

This right to employ renewable energy is protected by Florida Statute, Section 163.04, which forbids ordinances, deed restrictions, covenants or similar binding agreements from prohibiting solar equipment use.

You can choose to have your clothes last longer, smell sweeter naturally and avoid both shrinkage and static cling.

You can choose to reduce your energy bills by up to 10 percent.

You can choose to reduce electricity generation water use by 2,000 gallons per year and reduce your share of carbon dioxide emissions from electric power production by about 1 ton per year. Those are the average costs associated with using a clothes dryer.

A similar situation exists with respect to a homeowners association prohibition oncreating a Florida-friendly landscape.

Florida Statute Section 166.048, "Conservation of Water," states that "Florida-friendly landscape" means quality landscapes that conserve water, protect the environment and are adaptable to local conditions and drought tolerant.

Florida-friendly landscaping principles include planning and design, appropriate choice of plants, soil analysis which may include the use of solid waste compost, practical use of turf, efficient irrigation, appropriate use of mulches and proper maintenance.

An HOA deed restriction or covenant entered after Oct. 1, 2001, or local government ordinance may not prohibit any property owner from implementing Florida-friendly landscaping on his or her land.

With more than half of public drinking water being used to irrigate turf grass in yards, shouldn't it be at least within your power to choose where and when you will bear the cost of throwing drinking quality water on the ground solely to support a water-addicted landscape?

The writer is the Florida Yards & Neighborhoods Program coordinator in Pasco County, a position jointly funded by the Southwest Florida Water Management District and Pasco County. He can be reached at 727-847-8177 or e-mailed at Cdewey@pascocountyfl.net

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