3-916

3-916. Salvage of native plants by homeowners'
association or other nonprofit organization; definition

A. A homeowners' association or any other community based nonprofit organization
may collect and salvage native plants under this section without obtaining a permit, tag,
seal or receipt or paying a fee otherwise required by this chapter. Native plants may be
obtained under this section only for noncommercial salvage and only if their existence is
threatened by intended destruction, by their location or by a change in land use.

B. Before collecting any plant under this section, the homeowners' association or
nonprofit organization shall submit to the department:

1. A letter of permission from the owner of the property on which the native plants
are currently growing authorizing the homeowners' association or nonprofit organization
to enter the property and remove the plants.

2. A copy of a resolution adopted by the governing body of the county, city or town
authorizing the homeowners' association or nonprofit organization to collect and salvage
native plants pursuant to this section in the unincorporated area of the county or in the
city or town, as applicable.

3. A written statement from the homeowners' association or nonprofit organization
including:

(a) The name of the association or organization.

(b) The name, address and telephone number of a contact person representing the
association or organization.

(c) The name, address and telephone number of the owner of the property on which
the native plants are currently growing.

(d) The physical location of the property on which the plants are growing.

(e) A signed statement that:

(i) The plants will be transplanted in a common area owned, managed or leased by
the homeowners' association or on public property.

(ii) The plants will not be sold, exchanged or otherwise disposed of except as
provided by this section.

C. A person who possesses a permit, tag or seal issued under this chapter for
collection or salvage of native plants has priority over the homeowners' association or
nonprofit organization in obtaining any native plant.

D. The department shall issue a notice to the homeowners' association or nonprofit
organization of any violation of the terms and conditions prescribed by this section or
of any statement submitted to the department under subsection B. In the case of any
subsequent violation, the department shall issue another notice prohibiting further
collection or salvage of plants. The department shall transmit a copy of each notice to
the governing body of the county, city or town.

E. For purposes of this section "homeowners' association" means a nonprofit
corporation or association that is organized in this state and that meets both of the
following requirements:

1. It is established to own, lease or manage common, limited access lots, parcels,
areas, grounds or streets of a real estate development in this state.

2. It has the power under its organizing documents to assess and compel association
members to pay the expenses incurred in performing the association's obligations.