House advances bill protecting the right to grow vegetable gardens in HOAs and rentals

The Vermont House amended and ordered third reading on H.537, an act protecting the right to grow vegetable gardens for unit owners in common interest communities and for tenants in rental housing.

Representative Bosland (member from Westminster) explained the bill’s two-track approach: for common interest communities and condominiums (CICs) it amends the Uniform Common Interest Ownership Act to prohibit deed or governing-document restrictions that prevent a unit owner from using land they exclusively own to cultivate a vegetable garden. The provision excludes unlawful crops (including cannabis) and defines a vegetable garden as cultivation for personal consumption or donation. Where an association requires approval for installation, it must decide in writing within 90 days or the application is deemed approved; unit owners are responsible for installation and maintenance costs and any repair of damage to common elements.

For residential rental agreements, the bill requires landlords to allow tenants to grow vegetable gardens in landlord-approved portable containers, permits landlords to impose reasonable restrictions (placement, safety, pesticide use), and allows landlords to require payment for utilities or a separate security deposit for garden installation. Section four sets the effective date as passage.

Committee testimony included the resident who inspired the bill, an HOA lobbyist, a legislative council member and the Vermont Landlord Association director. The House took voice votes on the committee amendment and on third reading; the presiding officer announced the ayes had it on both votes.