Introduction: The purpose of this proposal is to address and mitigate the often restrictive covenants imposed by Homeowners Associations (HOAs) on property owners’ rights to cultivate home gardens and keep chickens. These activities contribute significantly to sustainability, food security, mental health, and community resilience. However, current HOA regulations can unnecessarily limit these beneficial practices.
Objectives:
- Promote Sustainability: Encourage sustainable living practices by allowing residents to grow their own produce and raise chickens for eggs.
- Enhance Biodiversity: Gardens and chickens can support local ecosystems by promoting pollination and reducing urban waste through composting.
- Improve Quality of Life: Gardening and animal husbandry have been shown to improve mental health and provide educational opportunities for families.
- Safeguard Property Rights: Ensure that homeowners retain reasonable autonomy over how they use their property.
Proposed Regulations:
I. Garden Restrictions:
- Vegetable, Herb, and Flower Gardens:
- HOAs shall not prohibit or unreasonably restrict the establishment of gardens for the cultivation of vegetables, herbs, or flowers.
- Size limitations should not be less than 15% of the backyard area or 200 square feet, whichever is smaller, unless the garden impacts structural integrity or public health.
- Aesthetic Considerations:
- HOAs may regulate the appearance of gardens to ensure they are maintained in a neat manner compatible with the community aesthetic, but cannot dictate plant types or mandate removal of plants due to appearance alone.
II. Chicken Keeping:
- Allowance:
- Residents should be allowed to keep up to six hens (no roosters) per property. This number can be adjusted based on property size, but not reduced below four hens unless in very small lots.
- Regulations:
- Chickens must be kept in a clean, secure coop, with mandatory setback distances from property lines (e.g., 10-20 feet).
- HOAs can stipulate that coops must be screened from view if visible from the street or neighboring properties but cannot ban them entirely.
- Health and Safety:
- Compliance with local health regulations regarding waste disposal and noise levels should be mandatory, but HOAs should not impose additional burdens beyond these standards.
III. Compliance and Dispute Resolution:
- Education Over Enforcement: HOAs should prioritize educating residents about the benefits and responsibilities of gardening and chicken keeping before resorting to fines or legal actions.
- Mediation: A community mediation process should be established for disputes over garden or chicken installations, involving both HOA representatives and homeowners.
IV. Amendments to HOA Covenants:
- Existing HOA covenants must be reviewed and amended within 12 months of this proposal’s adoption to reflect these new guidelines.
- New developments must incorporate these regulations into their founding documents.
V. Enforcement:
- State or local authorities should oversee the implementation of these regulations, with the ability to intervene if HOAs are found to be in non-compliance with the new standards.
Conclusion: This proposal seeks to balance the need for community standards with the personal freedoms of homeowners to engage in sustainable living practices. By limiting the overreach of HOAs, we aim to foster a more environmentally friendly, health-conscious, and community-oriented residential environment.
Implementation Timeline:
- Review and Public Comment: 3 months
- Legislative Approval: 6 months
- HOA Compliance Deadline: 12 months post-approval
Call to Action: We invite community feedback, particularly from those with experience in HOA governance, urban farming, and sustainability advocacy, to refine this proposal before its legislative presentation.
This proposal draft is intended to be flexible, allowing for amendments based on local conditions, feedback, and further research into best practices for sustainable urban and suburban living.