TBO.com - TBO is Tampa Bay Online

Water Rule Tops Deed Restriction

ADVERTISEMENT

By KEITH MORELLI

kmorelli@tampatrib.com

Published: March 24, 2009

TAMPA - Tampa's stringent new watering restrictions will leave some yards parched - maybe dead.

And brown lawns are frowned upon by homeowners associations that pride themselves on green and pristine.

Still, many associations will allow the city's rules to take precedence over their deed restrictions to keep members from becoming wedged between a rock and a hard place.

"We got a memo from the homeowners association saying it will abide by the city's emergency ordinance until June 15," said Alexis Bessinger, who has lived in Hunter's Green in New Tampa for 10 years.
Bessinger said 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 down new turf since moving to the community.

In its memo to residents, the Hunter's Green association said it will inspect lawns and decide whether resodding is necessary after the emergency watering restrictions are revisited, and possibly lifted, as early as mid-June.

The group's president, Jeff Cobb, said the suspension of the deed restrictions came right after the city's decision last week to ban watering with sprinklers.

The suspension will last until 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 landscaping and lawns. There are rules about how many trees are allowed and which ornamental shrubs can be used.

St. Augustine is the only kind of grass allowed in the upscale development. If a lawn dies because of any natural disaster, including drought, the homeowner must replace it within 30 days.

But Nan Carvel, executive director of the South Neighborhood Association on Harbour Island, doubts the group will cite homeowners whose lawns have turned brown.

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

She said all 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 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 has encouraged residents to adhere to water regulations, and the community's oversight committee backs the emergency water restrictions, she says in an e-mail sent Monday to The Tampa Tribune.

The city's new restrictions, which take effect April 3, allow only hand-watering of lawns one day a week - Tuesdays or Sundays, depending on address.

For details, go to www.tampagov .net/dept_water/information_ resources/restrictions/index.asp.

Residents of deed-restricted communities must follow the city's rules, said Liana Lopez, spokeswoman for Mayor Pam Iorio.

"The last legal interpretation we have says that, yes, the city ordinance trumps the homeowners association deed restriction," she said.

But that does not apply retroactively.

So if someone got an association citation before April 3, they are still on the hook for that, Lopez said.

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

Share this:

Loading Comments...

Email Print

ADVERTISEMENT