Is the HOA in Weston Hills over-reaching? (Miami, Plantation: homeowners association, attorney)

[fauve]

"the homeowners association where she lives has ordered Becerra to remove her fruit trees and the raised beds of vegetables and herbs growing in her backyard – or face paying $100 a day in fines."

Read more: Weston homeowner fights to protect her garden - Weston - MiamiHerald.com (http://www.miamiherald.com/2011/03/08/2104751/weston-homeowner-fights-to-protect.html#ixzz1G4ifTbFV - broken link)

[Dragonmam]

I think her best bet is the "selective enforcement" argument. If there are other fruit trees in various states of maturity throughout the community, and they have only acted against her, then the HOA has a problem.

I think the state statutes she mentioned apply more to xeriscaping and native plants. I don't see how planting a vegetable garden saves water. In general, the people who I've known that have planted food-producing gardens didn't plant them to attract animals and often complain when they do.

I don't understand her distinction between an "enclosed" patio as opposed to a "screened" one. Either way, she is in violation because the picture very clearly shows her vegetable beds are neither enclosed nor screened on a patio.

Perhaps she should consider hiring a different attorney. He cites two similar cases that he lost; not exactly a stellar track record.

Seems to me the HOA should let her keep the fruit trees but require that she move the beds into an enclosed/screened patio or get rid of them.

[Momma_bear]

When you live in a community with an HOA you need to abide by the restrictions, even if they are stupid. When you buy the house you don't agree to abide by the rules you like. If you want no restrictions you have to live somewhere without restrictions.

[fauve]

I agree, Momma Bear.

I will never understand why people who so fiercely want government out of their lives in the form of taxes, so often choose to live in HOA communities which tax and impose restrictions on privately owned land. And, the further irony, is that they do so for the PUBLIC schools!

[Momma_bear]

Originally Posted by fauve

I agree, Momma Bear.

I will never understand why people who so fiercely want government out of their lives in the form of taxes, so often choose to live in HOA communities which tax and impose restrictions on privately owned land. And, the further irony, is that they do so for the PUBLIC schools!

Sometimes you have to be practical. When we first moved to FL we wanted to avoid tuition payments at least until middle school. The only places with schools that were at least OK were in Weston where all the communities have HOAs, some with stupid rules (who cares if you park a pick up truck in your driveway?).

In the long run it made more sense for us to accept the limitations of an HOA in order to get through 6th grade without tuition payments. As soon as our youngest was in private school we moved to a non HOA community. We had to balance the practical reality of having $20K tuition payments for each child starting in K vs living in an HOA that would not allow vegetable gardens (I am setting up my raised beds as soon as I get back from Spain).

[jhlcomp]

I tell you, I have to scratch my head when I read stories such as this. The pity of it, is that there is no harm being committed and, yet, you have an HOA with some of the most ludicrous rules -- trying to live in a "safe and protected" environment means you have to give up something. Always, always read the by-laws and carefully consider whether you can live within the confines thereof.

I am interested to see how this turns out.

[ruski]

Weston Hills has to maintain a certain image, even if it may be a snobby one.

It is not a farming community.

You want to plant stuff to your heart's content - go live in SW Ranches. Which is also a very nice place. Just a different image.

[Donna-501]

Originally Posted by Momma_bear

When you live in a community with an HOA you need to abide by the restrictions, even if they are stupid. When you buy the house you don't agree to abide by the rules you like. If you want no restrictions you have to live somewhere without restrictions.

Exactly!

[FLGator487]

Originally Posted by fauve

"the homeowners association where she lives has ordered Becerra to remove her fruit trees and the raised beds of vegetables and herbs growing in her backyard – or face paying $100 a day in fines."

Read more: Weston homeowner fights to protect her garden - Weston - MiamiHerald.com (http://www.miamiherald.com/2011/03/08/2104751/weston-homeowner-fights-to-protect.html#ixzz1G4ifTbFV - broken link)

In reply to the OP's question: Yes.

That's one of the easiest questions I've answered on here

I'm sorry, but that's one of the reasons why I would never want to live in an area like Weston or Coral Gables. I do value my aesthetics and well-planned, peaceful, clean, orderly neighborhoods - one of the reasons I love western Plantation. But reason and common sense have to prevail. I'm about as far as you can get from these Tea Party "liberty" types, but this just seems like a huge invasion of property and privacy rights. What next, Weston homeowners under the iron grip of this HOA have to select the standard Florida license plate and not one of the specialty plates, lest the cacophony of different plates be deemed visually unappealing??!!

Though I agree with others - yes, the HOA has the right to do this. Again, why you will never see me living in Weston.

[tablemtn]

Personally, it might make sense to forbid HOAs from banning certain activities that can contribute to food security, such as planting fruit-bearing trees or gardens. HOAs are already limited in various ways - the FCC has its own set of requirements about satellite dishes always being allowed in one form or another. Xeriscaping and water-saving measures are another.

HOAs aren't unlimited in their authority; their authority is defined by law. And the law can be changed.