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Senate committee approves bill limiting HOA bans on home gardens, backyard chickens
Summary
The Senate Agriculture Committee advanced a committee substitute for SB 805 that would bar future homeowners association deed restrictions that unreasonably prohibit home gardens or the ownership of chickens, while preserving existing covenants and allowing reasonable HOA rules on coops and setbacks.
At a meeting of the West Virginia Senate Agriculture Committee, members agreed to a committee substitute for Senate Bill 805, a measure that would make prospective homeowners association (HOA) covenants that "unreasonably restrict" home gardens or backyard chickens unenforceable.
The measure, as explained by committee counsel, sets a state public policy promoting "personal agriculture," defined as using residential property to grow edible crops or keep animals for a homeowner’s personal use. Counsel said the substitute is prospective only and "you cannot affect existing contracts," meaning current deed restrictions in place before the bill’s effective date would remain enforceable. The substitute further allows reasonable…
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