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Associations Adopt Tampa's Watering Limits

Tribune file photo (2001)

The Hunter's Green homeowner's association accepts the watering rules, and will revisit the issue if the policy is changed in mid-June.

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By KEITH MORELLI | The Tampa Tribune

Published: March 23, 2009

Updated: 03/23/2009 04:32 pm

TAMPA - Tampa's new watering restrictions, which are among strictest in the area and perhaps the state, will leave a few yards parched and maybe even dead. And dead lawns are something homeowners associations frown upon.

The citywide imposed restrictions conflict with some established homeowners associations which pride themselves on pristine, ever thirsty St. Augustine lawns bristling green and full. Even though they don't cotton to weedy dusty yards in their midst, many are allowing the city's ordinance to take precedence over their deed restrictions, keeping their members from becoming wedged between a spouting sprinkler and a dry place.

Alexis Bessinger has lived in Hunter's Green up in New Tampa for 10 years and doesn't see a problem there, as the homeowners association already has bowed to the city's restrictions.

"We got a memo from the homeowners association saying it will abide by the city's emergency ordinance until June 15," said Bessinger, who added she resodded her lawn in November with St. Augustine grass, the turf of choice for the association.

It's the first time she has put new turf down in the 10 years she has lived there, she said.

In the memo to residents, the association said that after the emergency watering restrictions ordinance is revisited and possibly lifted, as early as mid-June, it will take a tour to see who has dead lawns and who will be notified that resodding will be needed.

Hunter's Green Homeowner's Association President Jeff Cobb said the suspension of the deed restrictions came right after the city's decision last week. The suspension of the association's enforcement will last until either the city lifts the restrictions or the rainy season kicks into full gear.

"The whole reason the mail was sent out quickly was to give direction and say fair's fair," Cobb said. "We have to recognize this and we can't expect people to do the impossible."

Homes At Harbour Bay, one of several homeowners associations on Harbour Island is pretty particular about how the houses look and how the landscaping and lawns are presented. There are rules about how many trees are allowed and which ornamental shrubs can augment the houses and which are not allowed.

The association said that St. Augustine grass is the only kind of grass allowed in the upscale development just south of downtown. And if the lawn dies because of any natural disaster, including drought, the homeowner must get it replaced within 30 days.

Nan Carvel, executive director of the South Neighborhood Association on Harbour Island said she doubted citations will be handed out by the association to people whose lawns have turned brown.

"We do not believe that would be the case," she said. "Under these circumstances, what good would that do?"

Like many associations, any new landscaping is geared for the dry conditions.

She said that all the common areas within the association's purview are being landscaped "to accommodate drought conditions, including drought resistant plants and shrubs.

"We are committed to do whatever we need to do to, to be good citizens," she said.

Bonnie French, property manager for the Tampa Palms Owners Association, said the community "is designed in a manner where much of the greenery comes from wetlands and conservation areas, not miles of expansive lush lawns."

The association also has encouraged residents to adhere to water regulations and the oversight committee of the community backs the emergency water restrictions, she said in an e-mail to the Tribune this afternoon.

Anyone who feels they are caught in the middle between a homeowners association rule that says their lawns must remain green and the city's restrictions that forbids sprinkler watering should follow the city law, said Liana Lopez, spokeswoman for the mayor's office.

"The last legal interpretation we have says that yes, the city ordinance trumps the homeowners association deed restriction," she said. That does not apply retroactively, so if someone got an association citation before April 3, they are still on the hook for that, she said.

The Tampa City Council last week banned all automatic or sprinkler watering of lawns beginning on April 3, allowing only watering with a hand-held hose with a shut-off nozzle or a watering can or pail.

Watering is allowed at even-numbered addresses or addresses ending in the letters A-M only on Tuesdays and odd-numbered addresses or addresses ending in the letters N-Z only on Sundays.

Lawn watering is allowed at locations with no addresses, such as medians, rights of way or common areas, only on Sundays.

Lawn watering is prohibited at all times on Mondays, Wednesdays, Thursdays, Fridays and Saturdays.

Irrigation of nonturf landscaping by hand watering and micro-irrigation is permitted on any day during permitted hours.

Irrigation by any means is prohibited between 8 a.m. and 6 p.m. on any day.

The city also has banned the outdoor aesthetic uses of water, such as decorative fountains.

Lawn watering to wash in insecticides, fungicides, herbicides and fertilizer is also restricted to hand watering only on the designated day.

The city council ruled that reclaimed water usage is exempt from the new restrictions.

Reporter Keith Morelli can be reached at (813) 259-7760.

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