How Owners Change Covenants That Still Bar Artificial Turf

Decide whether you need an amendment at all

Before anyone drafts language, settle one question: does the ban even reach your yard?

Fla. Stat. 720.3045 already stops an association from restricting artificial turf that isn’t visible from your parcel’s frontage, an adjacent parcel, an adjacent common area, or a community golf course — regardless of what the covenants say. A fenced back yard that meets that test is often already clear, no vote required.

An amendment matters for the yards that statute doesn’t cover: a front lawn, a corner lot, a back yard that opens onto a fairway or a lake others can see across. If that’s your situation, and the declaration still names artificial turf as prohibited, changing the document is the path.

The default vote, and where it comes from

Fla. Stat. 720.306(1)(b) sets a default: unless the governing documents say otherwise, any governing document of the association may be amended by the affirmative vote of two-thirds of the voting interests of the association. That’s a statewide floor for HOAs generally, not a rule written for turf.

Two things to check before assuming two-thirds applies to your community:

• Your declaration may set its own number. Many were drafted with a different threshold — sometimes higher, sometimes lower. The statute only fills the gap when the documents are silent.
• “Voting interests” isn’t the same as “owners present.” The two-thirds is measured against the association’s total voting interests, not just the members who show up to vote.

There’s one situation where two-thirds isn’t enough at all. Fla. Stat. 720.306(1)(c) requires the affected parcel owner and every lienholder on that parcel to join in signing when an amendment would materially and adversely alter a parcel’s proportionate voting interest or raise how much it pays toward common expenses. A turf provision typically doesn’t touch either, but that’s worth confirming against your own declaration’s amendment article before you assume a supermajority clears it.

Getting it on a ballot

Amendments get voted on at a meeting, and the statute sets the floor for getting one called.

A quorum is 30 percent of the total voting interests unless the bylaws set it lower, and once quorum is met, ordinary decisions pass by a majority of the interests present — again, unless the documents or the law say otherwise (720.306(1)(a)). A special meeting, called specifically to vote on the amendment, happens when the board calls it, or when at least 10 percent of the total voting interests ask for one, unless the governing documents set a different percentage (720.306(3)).

That’s a path for owners who can’t get the board to put it on the agenda: gather signatures from 10 percent of the voting interests, in writing, requesting the special meeting.

What the proposal itself has to say

Florida law is specific about the paperwork, not just the vote count.

720.306(1)(e) requires the proposal to contain the full text of the provision being amended — it can’t just reference a section by title or number. New language has to be underlined; language being removed has to be struck through. If the change is too extensive for that format to stay readable, the statute allows a note reading “Substantial rewording. See governing documents for current text” instead.

For a turf amendment, that means drafting the actual replacement language for whatever section bans or restricts artificial turf — not a resolution that says “allow turf” in general terms. This is the point where a real estate attorney who handles association documents earns the fee: getting the struck and underlined text right, and making sure it doesn’t collide with an unrelated provision elsewhere in the declaration.

Recording it, and what happens after

An amendment isn’t final because the vote passed. Under 720.306(1)(e), it becomes effective when it’s recorded in the public records of the county where the community is located. Until then, the old language still governs.

Once it’s recorded, the association has 30 days to give members a copy — or, if the proposed text was already circulated unchanged before the vote, notice of the book and page (or instrument number) where the recorded amendment can be found, and that a copy is available on request (720.306(1)(b)).

Keep a copy of the recorded amendment with your closing documents. It’s what you’ll hand a future board, buyer, or appraiser if anyone questions whether turf is allowed on your street.

Questions to settle before you start

1. Does the visibility exception already cover your yard? If so, you may not need a vote at all — check Fla. Stat. 720.3045 against your specific lot.
2. What does your own declaration say about amendments? Find its threshold before assuming the statutory two-thirds default applies.
3. Does the change touch voting interests or expense-sharing? If it does, the unanimous-consent rule may apply instead of a supermajority vote.
4. Who drafts the actual struck-and-underlined text? This is usually attorney work, not a board volunteer’s.
5. Who’s tracking the recording? Confirm the amendment gets filed with the county, and get a copy for your own records.

None of this is legal advice, and the board or an attorney who works with your association’s documents is who confirms the details for your community.

Once the covenants allow it, the layout is ours to handle. On a free visit we measure the yard and check the ground, then draw a custom turf layout for you to approve before anything is ordered. That applies whether you’re near Sawgrass, Fleming Island, or anywhere else we serve. Call us at 303-349-2368 once your amendment is recorded, or while it’s still moving through the vote.