A recent social post sparked debate among homeowners after one Florida resident questioned whether a new state law protects their right to plant gardens in communities governed by homeowners associations.
The post lays out the concern in plain terms: “The new HOA laws in FL state that backyard gardens are allowed with the following stipulation… ‘vegetable gardens or clotheslines that can’t be seen from the street, a neighbor’s property, an adjacent common area, or a community golf course.’ Well… This is Florida… Our neighbors can certainly look into our backyard from their second story and see my garden. I can… with just the right angle… look into my neighbors backyard and see their garden.”
It’s clear where the homeowner is going with this. “So by the strictest reading of the rules we would require approval from the HOA, which has been known to say no just for the sake of saying no,” they wrote.
While lawns are the default in many HOA communities, gardening has many benefits. Compared with grass, landscaping with native plants requires less mowing, watering, and chemical treatment — saving homeowners money while reducing harmful runoff. Plus, backyard gardens supply fresh food, provide habitat for pollinators (another key part of our food supply), and make yards more resilient to erosion and heat. Gardening has mental and physical health benefits. Plus, many homeowners love looking out onto a lush oasis of healthy plants.
Unfortunately, HOAs often stand in the way of eco-friendly lifestyle choices by clinging to outdated rules. For homeowners looking to push back, working with neighbors and learning how to change HOA bylaws can be a starting point to support their rights.
The comments section is full of people debating how far an HOA can go to restrict gardening options.
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One wrote: “You’re absolutely right to be skeptical — Florida’s new HOA law … does say homeowners cannot be stopped from having vegetable gardens if they’re not visible from the street, a neighbor’s property, common areas, or a community golf course. But that … opens a big gray zone when sightlines are overlapping.”
“You’re going to have to wait for the Florida’s courts to hash out with case law whether or not a second story window is included in what a neighbor can view from their property,” another said. “I can say in my HOA it’s only what can be seen from the street that is regulated after an initial install.”
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