Your HOA Is Not the Boss of the Lagoon

by Daniel Lamson, Executive Director, Indian River Neighborhood Association

The law is crystal clear: Your HOA cannot force you to maintain a water-guzzling St. Augustine grass lawn when you want to plant a Florida-friendly landscape. Despite what some HOA boards might tell you, Florida law gives homeowners the unequivocal right to choose sustainable, native landscaping over thirsty turf grass.

The Legal Foundation: State Law Trumps HOA Rules

Florida Statute 720.3075(4)(b) couldn't be more direct in constraining HOA power. The law explicitly states that "Homeowners' association documents, including declarations of covenants, articles of incorporation, or bylaws, may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping." Any HOA clause attempting to restrict Florida-friendly landscaping is "null and void as against the public policy of this state."

Florida Statute 373.185 defines Florida-friendly landscaping as "quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant." The legislature declared this serves a "compelling public interest" and that HOA participation in water conservation is "essential."

Even if your HOA covenants explicitly require "St. Augustine grass only," those restrictions are legally unenforceable when they conflict with your right to plant a Florida-friendly landscape.

What Your HOA Cannot Do

They cannot ban native plants or drought-tolerant landscaping. Any HOA rule demanding "lawns must be St. Augustine grass" is legally unenforceable under Florida law.

They cannot fine you for brown grass during water restrictions. Florida Statute 373.185 specifically prohibits any deed restriction that conflicts with "water shortage orders" or water conservation regulations.

They cannot use "neighborhood standards" to force high-water landscaping. While HOAs can regulate aesthetics, they cannot use uniformity arguments to effectively ban Florida-friendly landscapes.

Indian River County Backs You Up

Local ordinances reinforce the environmental urgency of your landscaping choices. While the 50% native vegetation requirement and turfgrass limits in Indian River County and Indian River Shores apply primarily to new developments, they clearly signal the direction our community is moving to protect water resources and the lagoon. If county policy now prohibits new homes from being built with water-guzzling lawns, it makes no environmental or ethical sense for existing HOAs to demand the very landscaping practices our local governments are trying to phase out.

The county's fertilizer restrictions from June through September further underscore this shift away from chemically-dependent turf. Choosing Florida-friendly landscaping isn't just your legal right under state law, it aligns with the same conservation standards already required for new growth. In this context, outdated HOA turf mandates are out of step with the future of our region.

The Reality: HOAs Are Learning to Adapt

Courts have consistently ruled that HOA covenants cannot override state water conservation policy. Legal experts note that most HOAs are "smart enough to realize this isn't a good case to litigate" once they understand the statutory protections. The Florida Bar observes that homeowners can successfully challenge HOA fines for Florida-friendly landscapes "on the basis that the covenant itself is invalid under state law."

Your Strategy: Exercise Your Rights Confidently

Start with education. When submitting your landscape plan, include references to Florida Statutes 720.3075 and 373.185. Point out that your design meets state water conservation goals and county requirements.

Follow procedures but know your rights. While HOAs can require application processes and reasonable maintenance standards, they cannot ultimately deny a well-designed Florida-friendly landscape.

Frame it as compliance. Your Florida-friendly landscape isn't rebellion – it's compliance with state and local environmental policies that HOAs are legally required to support.

Push back when necessary. If your HOA denies a reasonable plan or demands excessive water use, cite the statutory protections. Florida law makes such restrictions unenforceable.

The Bottom Line

Florida's legislature prioritized water conservation over HOA aesthetic preferences. The statutory language is unambiguous: HOAs "may not prohibit" Florida-friendly landscaping, and any attempt to do so is "null and void."

You don't need permission to exercise a right guaranteed by state statute. In most cases, once HOA boards understand that state law prohibits water-intensive landscaping requirements, they work with homeowners rather than fight a battle they cannot legally win.

The Indian River Lagoon needs less fertilizer runoff, Florida needs water conservation, and you have the legal right to landscape in harmony with those realities. Your HOA may have controlled your lawn in the past, but Florida law makes it clear: when it comes to sustainable landscaping, the lagoon's needs come first.