Dear signers of the Costa Del Sol Petition for Change,

My discovery process has led to the revelation that the Association’s critical decision to discontinue the use of mulch in common areas is a violation of both FS718.113(2)(a) (material change) and FS373.185 (Florida-friendly landscaping) laws.  

F.S. §373.185(1)(b) defines “Florida-friendly landscaping” as:  quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. 

F.S. §373.185(1)(b) states the principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation and proper maintenance.

F.S. §373.185(1)(b) identifies mulching as being an element of Florida-friendly landscaping. Mulch is often spread around trees, shrubs, planted beds, and covers bare ground in residential and commercial landscapes. 

Mulch provides numerous environmental benefits including acting as a temperature buffer for soil, preventing it from becoming too hot or too cold. 

Mulch also maintains soil moisture by reducing evaporation, which in turn reduces the watering requirements of landscape plants (thereby enhancing water efficiency, which is a stated objective under F.S. §373.185(1)(b)). 

Additionally, mulch acts as a weed barrier by preventing sunlight from reaching the soil, which would otherwise cause seeds to germinate. In addition, mulching around trees and shrubs eases maintenance by improving soil fertility. 

With respect to appearance, mulching generally improves the aesthetics of a landscape by providing a contrast of color and texture to complement plantings. Mulching is especially useful around areas where plants do not grow well, such as shady areas or areas that receive a great deal of foot traffic or where vehicles are likely to be driven, damaging turf grass or other plants. 

Local real estate advisors estimate that Costa Del Sol owners have lost up to $50k in equity for the 140 high-rise owners.  This means the Association’s critical decision to stop using mulch has cost owners over $7,000,000 in equity in the past 5 years alone.  Dirt does not sell houses.  Makes sense.

FS718.113 States that the Association or an owner can not make a “material change to the common area” without and owner vote.  It is “common knowledge” on our property that one single owner is responsible for the discontinued use of mulch everywhere.  This owner has violated two separate Florida Laws, FS718.113 and FS373.185, notice should be sent to her accordingly.

Additionally, FS373.185 protects us as condo owners from the Association EVER creating a new rule, or “habit” of NOT replacing or installing mulch.  

Again, according to FS373.185, a Condo Association can NEVER legally stop using mulch and not practice Florida-friendly landscaping…it’s the law. For this reason, we contine to call for the removal of Dennis R Gibbs as president.