Re: SOS: HOA wants my banana TREES removed
 

You could also try to kill them with kindness and share some of the harvest with the neighbors who are complaining. Stirring up a war and getting back at them is a recipe for sleepless nights and heartache for everyone. Keep your friends close, but keep your enemies closer.

If that doesn't work, resort to war, LOL

Re: SOS: HOA wants my banana TREES removed
 

When I worked as a landscaper in Ohio several years ago, I was sent to the HOAs we "weeded" to do my thing. (No, I didn't stoop down and grab anything--weeding was spraying.) And I did some pruning. HOAs there required the street facing sides to be maintained with the approved plantings; back and side yards could be landscaped by the owner within reason. (Sides or backs facing streets that contained verbotten plants were generally allowed to slide.)

My SO owns property where there was once a very active HOA that was not deeded. (Or perhaps it was but the HOA became defunct?) Some are trying to reactivate it but, even with membership fees of $25 annually, there's very little interest. He has planted FL friendly which means citrus and banana "trees". His musas are exposed to winds so, unlike mine, get shredded leaves. Even without any rules, I keep the brownies pruned and also clipped the others until doing so would have left bare P-stems. (Personally I like the shredded leaves but others may not. )

I suspect the issue with banana plants not being approved is that they can look very messy unless you maintain them; I never complained about unapproved plants in "dedicated areas" unless they were highly invasive and not controlled by the homeowner. (I think I mentioned such a case once in 3 years; I weeded 5 HOAs.)

If it's in a pot, they can't say anything. SDCs can be raised that way and would give you fruit. It's something.

Re: SOS: HOA wants my banana TREES removed
 

From the sound of it you have a bully that moved in. Quickly let him or her know they are not the boss and they will either settle in and deal with their place or move on.
If you let them get their way without a fight, they will never stop.

Re: SOS: HOA wants my banana TREES removed
 

The problem with confronting the bully is that he/she is merely asking that the rules be enforced; even if you succeed in winning them over, the rules don't change. Rather than expend energy on the former, I'd be working with the association to change the list of acceptable plants instead. This is FL--bananas happen here. Who knows? Musas might become a required planting.

Re: SOS: HOA wants my banana TREES removed
 

The "bully" is usually a busybody who is so full of hate and misery for their own pathetic life, that they feel they must inflict misery on everyone else as well. Every neighborhood has one. Today, they get away with this because of our current society's mindset. When I was a kid, after they did this to a few kids' parents, someone lobbed a brick or an M80 through their picture window and it usually either stopped, or they moved out and inflicted their self-hating misery elsewhere.

Lydie, I feel for you and I'm sorry you have to contend with all of this crap.

Re: SOS: HOA wants my banana TREES removed
 

They would never guess who threw the banana flower through their window. It's quite fun, they spiral like a football. :goteam:

Re: SOS: HOA wants my banana TREES removed
 

One interesting fact - in FL, HOAs are not allowed to forbid clotheslines, rainbarrels, or Florida friendly landscaping.
Statutes & Constitution :View Statutes : Online Sunshine

Re: SOS: HOA wants my banana TREES removed
 

Where do you find the definition of 'Florida friendly landscaping' as being an 'Energy Device'? ... Although the shading and cooling effects of the banana plant are considerable, I think this would still be a hard sell unless there is an explicit judicial ruling else where as such.

Re: SOS: HOA wants my banana TREES removed
 

That is a different statute found here -http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0373/Sections/0373.185.html

Re: SOS: HOA wants my banana TREES removed
 

Instead of guessing the motive, perhaps having a good heart to heart talk with the neighbor can resolve this before it becomes a real fight. Who knows, maybe they're reasonable and willing to work with you! Maybe they're trying to sell their house or trying to refinance their home and perceive the banana plant as being out of place and making the surrounding homes look less valuable, which can affect their financial situation. Maybe they want to impress some friends or business associates at their home. Who knows, they might have solutions that work for both of you. Approach them with kindness and understanding, if you approach them with anger and frustration, you can expect them to respond the same way.

If they fire back with bully tactics and zero compromise even though you approach them with open hands, then war is justified.

Re: SOS: HOA wants my banana TREES removed
 

OK, this is better; but I'm still not sure how banana plants would fit in.

Title XXVIII; 373.185; section 3(b): states: A deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land or create any requirement or limitation in conflict with any provision of part II of this chapter ...

Also, I did see under section 1(b): Florida-friendly landscaping includes 'attraction of wildlife'. So for the HOA to ban bird feeders is a violation of this statute.

Anyway, I would tell the HOA their order to remove the banana plants which were planted as part of the approved 'Florida Friendly landscaping' plan is a violation of this Florida Statute.

Re: SOS: HOA wants my banana TREES removed
 

Too Funny !!!

Re: SOS: HOA wants my banana TREES removed
 

You could be right. I would have to have a conversation with someone to know that.

Here's a pic from my gallery, taken Feb. 11th. It's shows fruit, but you can see some banana leaves are shredded. That seems to be a given with bananas.

Re: SOS: HOA wants my banana TREES removed
 

I spoke with a couple agents at UF/Pinellas County Extension about documenting the nature of bananas not being trees. He replied, well yes they're not WOODY trees. Obviously, did not have a clue. He then passed me to a second agent who confirmed they are not trees, but could not specify what.

He asked what HOA rules and regs were concerning plantings in general and their Florida Friendly rules. I informed him there is nothing in the rules about vegetation, only architectural elements.

He mentioned it would be better to wait past any frost dates for transplanting. Pretty mote here, but a good talking point, the Extension agent said..., if somebody wants to know when I'm going to remove the offending bananas.

Right now I am thinking about just cutting all three P-stems back to say waist height after I harvest the bananas on the main P-stem. That would be a first step towards relocating them if I have to. Then maybe contact a board member to have a conversation about the real issue and see if there is a compromise possible.
They really add to my landscape, provide shade on my veranda windows and make a lovely rustling in the breeze, oh so tropical. :waving:

Re: SOS: HOA wants my banana TREES removed
 

Yes, the extension agent I spoke with (see my previous post) also offhandedly suggested I get my landscaping certified Florida Friendly. He gave me the link and I downloaded the checklist. It appears my garden would qualify, maybe even for Gold status (15 unique native plants). Who knows maybe it would be helpful. Fun anyway.

Re: SOS: HOA wants my banana TREES removed
 

The neighbor is not identified.

Re: SOS: HOA wants my banana TREES removed
 

Good information I will add to my research,
So far I have found the Rules and regs say nothing about vegetation or Florida friendly. Having been drawn up by the builder in the 70's and never revised they are long overdue. Not on the HOA list though.

Re: SOS: HOA wants my banana TREES removed
 

That's the problem with people nowadays; they hide behind anonymity because they're too scared to say something to your face.

You do, however, have the right to face your accuser in court, so those same rules they hide behind can get you out of complaint-related citations, aerial and two-cop speeding tickets, etc. You simply ask to cross examine the original witness or complainant. When it is responded that are not present, you respectfully request the judge to dismiss the case. In the case of traffic tickets involving planes, helicopters and one cop sitting on the bridge while the other tickets you, as soon as your case is dismissed, the judge will also dismiss everyone else in the court with the same officer involved.

Kudos to Geosulcata and Edwmax for finding those statutes. That's pretty much all an attorney does, which is why they have all those volumes on the shelves behind their desk.

You can also speak with the FL AG's Office for a more detailed explanation on "FL friendly landscaping" and inquire if it includes plants or not. You can't ask legal advice, but you can ask for clear definitions and they are glad to help. It's their job.

Re: SOS: HOA wants my banana TREES removed
 

I'll bet they do! They're pretty heavy too.

And for the record, I never threw a brick through anyone's window. It was a chunk of asphalt, and it missed the window. All it did was knock a huge chunk out of one of their cedar clapboards. They stopped all their noise though.

Re: SOS: HOA wants my banana TREES removed
 

The LAST things I would do would be cutting or digging my plants. They would need to force me to do that. It sounds like you have a good case for keeping them with the Florida friendly landscape rules and all. Go to the next board meeting and present a good case.