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.