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Homeowner seeks advice after HOA refuses to enforce restrictions on 'illegal' plant: 'It is ... illegal to grow'

Normally, an HOA is known for enforcing lawn care rules.

Normally, an HOA is known for enforcing lawn care rules.

Photo Credit: iStock

One homeowner in Florida found themselves trapped when their HOA refused to step up and help them with an invasive plant.

The desperate homeowner posted in r/LegalAdvice for help. "My neighbor has invasive Brazilian pepper growing in his backyard that continually invades my property," they said. "What can I do?"

According to the original poster, the situation should be cut and dried. "My HOA has a rule that our lawns are to be maintained in first-class shape," they said. "I have contacted the HOA to have them require the neighbor to remove it because I am allergic to poison ivy, and the Brazilian pepper is in the poison ivy family."

Normally, an HOA is known for enforcing lawn care rules. In fact, many of them are so strict they encroach on homeowners' rights and prevent them from having gardens or native plants that save owners money and benefit the environment.

However, this time, the request went nowhere. "My HOA won't tell them to get rid of it," the original poster complained.

And the homeowner wasn't comfortable simply asking the neighbor for cooperation. "I cannot go to the neighbor because they aren't really friendly people," they said.

Keeping the Brazilian pepper out by itself would be difficult too. Plants are considered invasive when they enter a new area and start spreading out of control, outcompeting other plants for resources. According to the Florida Fish and Wildlife Conservation Commission, Brazilian pepper grows "aggressively," and the seeds are spread by animals which would be hard to control.

Commenters were outraged at how irresponsibly the neighbor was allowing an invasive plant to spread. "The FWC might have a few choices words for the HOA and homeowner," one user said.

"It is very invasive and illegal to grow on your property," the original poster confirmed. "I'm going to reach out to them!"

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