Homeowner Challenges HOA Over Native Plant Dispute
A resident in Minnesota is preparing for a legal confrontation with her homeowners association regarding the cultivation of indigenous plants on her property, as reported by the Minnesota Star Tribune.
Upon relocating to the Churchill Farms community, Bonnie Scott found no existing regulations concerning native vegetation. This absence of restrictions appealed to her, leading to the replacement of conventional turf with low-growing native grasses and wildflowers in the front, and taller prairie grasses near a pond in the rear.
Scott aimed to foster a habitat for advantageous wildlife such as fireflies, amphibians, wood ducks, and pollinating insects. She also sought plants requiring minimal upkeep compared to traditional lawns, highlighting advantages like reduced water consumption and lower maintenance expenses.
Homeowners associations often resist alterations that distinguish properties, even when not explicitly prohibited. In some instances, residents have pursued legislative changes to support similar landscaping choices.
The association responded negatively to Scott's modifications. She was advised to consult an architectural committee despite no structural changes, and after planting, an unknown individual damaged the area with vehicle tracks. Following camera installation, a neighbor unlawfully cut part of her vegetation and was later fined over $4,000 for the destruction.
During a meeting Scott claims she was not notified about, the HOA established new guidelines banning her type of lawn, resulting in penalties against her.
Scott is leveraging a recent state statute that safeguards native lawns, though it currently excludes homeowners associations. She aims to establish legal precedent to address this gap and prevent similar prohibitions.
"Nobody wins in a lawsuit," she stated, according to the Minnesota Star Tribune. "But at this point, that law needs to be better."
When associations are cooperative, altering bylaws through internal procedures can sometimes avoid legal disputes.
