Do You Need HOA Approval For Landscaping?

Many homeowners are drawn to the vision of a beautiful outdoor space that reflects their personal style and enhances their property value. However, the reality is that many communities are governed by Homeowners Associations with established guidelines that dictate everything from paint colors to landscaping features. These regulations can create confusion and even deter you from making the changes you desire.

Why do HOAs exist?

The purpose of Homeowners Associations is to ensure a uniform appearance throughout the community. This is done in order to boost curb appeal and to keep house prices from dropping. Having collective community standards can add to community pride and harmony.

Anyone who buys a house in an HOA neighborhood automatically becomes a member of the HOA and will be required to pay membership fees and to abide by landscaping rules and other regulations. Homeowners Associations have the power to impose fines and even to take legal action if property owners do not follow the guidelines.

Do HOAs cut grass?

In general, HOAs are responsible for landscaping and maintenance in common areas. Homeowners are responsible for lawn care and landscape maintenance on their own property.

HOAs are allowed to have requirements for certain standards of lawn care, including specifying what type of lawn and how tall grass can be.

Are HOA Backyard Rules Legal and Enforceable?

According to Florida law, HOAs are empowered to uphold community standards by regulating various aspects of community living.

Homeowners Associations in Florida have the right to:

• Enforce regulations listed in their governing documents. These can include landscaping guidelines, upkeep and maintenance rules, pet policies and other issues.
• Collect fees from residents to cover operating costs.
• Impose liens on properties in cases of non-payment or violation of regulations. This can lead to legal action, including foreclosure.

However, in Florida, new HOA laws were passed in 2024 that restrict some of the things HOAs are permitted to regulate.

For example, HOAs in Florida are no longer allowed to prohibit residents from parking cars in driveways. Vegetable gardens and clotheslines cannot be banned (although HOAs are still allowed to restrict where these can be located). Fines are capped, and HOA directors now have to complete training.

Florida HOA Landscaping Rules

Every Homeowners Association will have its own community regulations. The idea is to preserve the curb appeal of the area through landscaping policies and other guidelines designed to maintain a uniform appearance throughout the entire community.

HOA regulations can increase property value and the desirability of the neighborhood. However, some homeowners association landscaping rules can seem arbitrary, and they can make it difficult for individual homeowners to landscape their property according to their own personal preferences.

Examples of Common HOA Landscaping Rules

Community standards vary, and every HOA is different, so it's best to check with your own before you make any landscaping decisions. However, here are some of the common landscaping guidelines that many homeowners associations require property owners to follow.

Approved Plant Palettes

It is very common for HOAs to have a pre-approved plant palette. This is a list of plants that homeowners may use in their landscape design. The rationale for having a pre-approved plant list is that the aesthetic appeal of the neighborhood will be enhanced if all the yards are filled with the same types of plants.

Some HOAs also claim that having a pre-approved plant list helps to prevent homeowners from choosing invasive species that could take over neighbors' yards.

Legislation in Florida prevents HOAs from prohibiting Florida-Friendly Landscaping, so homeowners who want to use native plants and other plant species that are beneficial to the local ecosystem do have some protection from arbitrary backyard rules.

Limitations on Lawn Sculptures or Furniture

Many HOAs restrict the use of lawn decorations, such as statues or water features. Small sculptures, bird baths or fountains may be permitted, but often need to be approved.

Similarly, the use of outdoor furniture may be restricted to certain areas or certain types of lawn furniture.

Rules on Personal Gardens

In some states, HOAs have the power to prevent people from growing vegetables in their own personal gardens. This is because some people find backyard gardens unsightly. In some areas, growing vegetables is prohibited in individual properties but is permissible in a community garden, a shared plot of land where food plants can be grown by everybody in the community.

New regulations in Florida have prevented Homeowners Associations from banning vegetable gardens, although they can still be restricted to areas that are not visible from the street, from other properties or from common areas. This could still potentially make it difficult to use your outdoor space for herbs or tomato plants.

Limits on Tree Removal

As well as specifying which types of tree can be planted, some Homeowners Associations require property owners to seek approval before removing trees.

In the state of Florida, all trees are protected, so a permit from a certified arborist is needed before they can be removed. Depending on where you live, you may also need to get permission from your HOA.

Hardscaping Restrictions

Because all the landscapes in an HOA community are supposed to look the same, the installation of new hardscape features is often restricted or prohibited. This could include decking, patios, pergolas, fire pits or outdoor kitchens.

In some cases, architectural drawings of these structures can be submitted for approval. There may be a pre-approved list of suitable colors or materials.

Limits on Fencing

Another common Homeowners Association rule is on fencing. Some HOAs prohibit fencing altogether. Others may have material specifications or height limits. As with many other HOA landscaping policies, the goal is to maintain a uniform appearance throughout the community.

What If You Do Something Without HOA Approval?

If you make changes to your landscape without the approval of your Homeowners Association, it is possible that you may be asked to reverse any changes you have made.

If you do not comply with the request, you could be fined. HOAs may choose to take legal action against you, which may include putting a lien on your house, or even foreclosure. If you find yourself in this situation you should seek assistance from an attorney.

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