Committee advances 'right to grow vegetable gardens' bill, narrows association limits

The House Agriculture Committee voted to advance H537 (draft 3.1), a bill that protects residents’ right to grow vegetable gardens in common‑interest communities while allowing associations to adopt reasonable rules on installation and maintenance. The committee agreed to a technical change removing the word "temporary" so the provision addresses erection and installation of permanent structures and to an effective date of "on passage."

The bill’s presenter, Cameron, told the committee the revised text applies the garden‑right to common‑interest communities with 12 or more units created on or before Jan. 1, 2011. "This section . . . shall apply to all common interest communities that contain 12 or more units that may be used for residential purposes created in the state on or before January 1 of 2011," Cameron said, explaining the draft kept the 12‑unit threshold for consistency with existing statutory language. The change was explained as an effort to clarify retroactive application across the different condominium statutes.

Under the draft advanced by the committee, an association may not "prohibit or unreasonably restrict the installation or use of a vegetable garden in areas designated for exclusive use." The text lists examples of reasonable association requirements: gardens must be maintained in good condition; dead plant material visible from the street must be cleared regularly; associations may regulate use of common areas; and associations may limit certain pesticides. Cameron emphasized that these regulations must still be "reasonable," and that disputes would be fact‑specific and, if necessary, resolved by the courts.

Members debated whether to allow associations to regulate temporary as well as permanent structures. Counsel warned that removing the word "temporary" could be interpreted as limiting the bill’s application to permanent structures only, and could change what conduct associations can regulate. Several members expressed concern about creating uncertainty that would lead to additional litigation. In response, the committee agreed by consensus to strike "temporary" and to permit association regulation of permanent structures subject to the bill's reasonableness standard.

The committee also adjusted the bill’s effective date. After a short procedural discussion the chair asked for a motion to vote on the revised draft. A motion to vote on H537 (draft 3.1) carried on the roll call; the clerk recorded eight affirmative responses.

With the change adopted, the committee asked counsel and staff to post the updated draft and deliver the reporter materials to the clerk for filing. Staff also noted a related forest‑products item would be referred to Ways & Means because changes to permit requirements affect state revenue.

The committee’s action advances the bill to the next stage of review; further amendments remain possible on the House floor or in subsequent committees.