Q: Can the HOA in Florida landscape your (rented) lawn without your approval?
Hello! Not super important, but the HOA (to be clear, NOT our landlords landscapers) came and dug up all of the ground plants against the home we are renting, and trimmed all of the fauna and trees, without our permission. All growing areas were covered with mulch as well. I loved the plants in our yard, and they were well contained against the house. It looks so bare now. Is the HOA in Florida allowed to do this? Can we tell them to stop doing so? The plants were not by any means disturbing anything, and many of them were edible, and we used them to cook.
A: It's impossible to answer this question without reading the HOA documents, but it is entirely possible they could if they gave the landlord notice to cure a violation and the landlord ignored it. You as a renter do not have very many rights when it comes to the HOA. The HOA documents are a contract between the HOA and your landlord. The landlord is required to submit applications to the HOA for any changes to the exterior of the house and that likely includes landscaping. Your landlord would be the one to complain to the HOA, but very few landlords are willing to risk expensive litigation for tenants. Your lease probably includes a provision you will abide by all the HOA documents as well.
A: One would need to review the HOA documents as well as your particular lease. Generally, issues such as landscaping and overall maintenance are included in the HOA docs as well as penalties should the HOA docs not be followed. Your lease may contain language regarding maintenance of the property, including the outside areas. Further, one would need to determine if you and the owner received proper notice of the violation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
