Ed, You are hitting on some things which need to be considered. I have dealt with HOAs and Restrictive Covenants. Usually, you have the ability to appeal and attend an HOA to voice your concerns. But, HOAs are a power unto themselves, and unless you have a strong case, or file suit, you will get nowhere. Usually, someone was told they could not do something and have an axe to grind with everyone else.
Telling you that you cannot plant a Florida friendly landscaping and then not defining "Florida Friendly" or referencing it in the restrictive covenants would allow some interpretation from the most reliable sources such as city or county ordinances, state statutes, Ag Extension, etc.
If they have referenced or allowed other similar plants, then you might use those as making a case that the plant is in the same family or similar adn allowed-- bird of paradise, travelers palm, etc. Force their hand to interpret fairly, allow your day in court so to speak, and challenge the order. But, be prepared to have to remove them quickly (like start the day after).
Covenants vary from place to place but should have some way for you to appeal the decision and consider additional information and expert testimony such as letter by the ag agent or city landscape architect or planner.
I had a property owner rail to the HOA that I illegally put up a play house with swing and slide for my son only to find out that he put up a chain link fence on his property for his dogs without approval. Unfortunately, he was on the HOA so got his approval. I used my own expert testimony to make their lives miserable and this giving into letting me keep the playhouse as it was not clearly defined. My profession made me the expert.
I hope my two-cents helps. Good luck!
Quote:
Originally Posted by edwmax
I wasn't going to comment, but ....
One I would review the HOA Landscaping requirements and the terms of your deed.
Two, determine why the banana plants are not allowed. Was it because they simple were not listed on the 2015 approved landscaping plan; or do they not meet other landscaping requirements. Is there an oversight remedy for over looked plants that would have otherwise been approved.
Three, was this HOA committee action or result of a complaint from one owner?
Four, I would request copies of the landscaping plans of the neighbors. Then see if their yards meet all HOA requirements. (which I doubt) Make complaints against them too. Especially, the Owner that complained about your bananas.
If you can stir up enough of the owners, then you might be able to get a landscaping requirements changed and/or approval for your plants. ... This is a situation where some tend to 'bluff' the requirements to get their way or make themselves a 'big-shot' in the HOA. So know exactly what the requirements are; and question the HOA why you are being single out when other owners do not meet the same requirements.
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