Vermont H 537: An act relating to the right to grow vegetable gardens

Bill Text

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H.537
Introduced by Representative LaLonde of South Burlington
Referred to Committee on
Date:
Subject: Commerce and trade; housing; landlord tenant; common interest
communities
Statement of purpose of bill as introduced: This bill proposes to prohibit a
landlord and a common interest community from restricting the installation
and use of a vegetable garden.
An act relating to the right to grow vegetable gardens
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 27A V.S.A. § 1-204 is amended to read:
§ 1-204. PREEXISTING COMMON INTEREST COMMUNITIES
(a)(1) Unless excepted under section 1-203 of this title, the following
sections and subdivisions of this title apply to a common interest community
created in this State before January 1, 1999: sections 1-103, 1-105, 1-106, 1-
107, 2-103, 2-104, and 2-121,; subdivisions 3-102(a)(1) through (6) and (11)
through (16),; and sections 3-111, 3-116, 3-118, 4-109, and 4-117 to the extent
necessary to construe the applicable sections. The sections and subdivisions
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described in this subdivision apply only to events and circumstances occurring
after December 31, 1998, and do not invalidate existing provisions of the
declarations, bylaws, plats, or plans of those common interest communities.
* * *
(3) Unless excepted under section 1-203 of this title, section 3-125 of
this title shall apply to a common interest community created in this State
before January 1, 1999. Section 3-125 applies only to events and
circumstances occurring after June 30, 2026, and does not invalidate existing
provisions of the declarations, bylaws, plats, or plans of those common interest
communities.
* * *
Sec. 2. 27A V.S.A. § 3-125 is added to read:
§ 3-125. VEGETABLE GARDENS
(a) As used in this section, “vegetable garden” means a plot of land where
a person cultivates plants for personal consumption or donation and the land
and activities on it are not subject to the required agricultural practices. A
“vegetable garden” does not include cultivation of cannabis or any unlawful
crops or substances.
(b)(1) Any covenant, restriction, or condition contained in any deed,
contract, security instrument, or other instrument affecting the transfer or sale
of any interest in a common interest community, and any provision of a
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governing document associated with a common interest community, such as a
declaration, bylaw, or rule, that either effectively prohibits or unreasonably
restricts the installation or use of a vegetable garden in areas designated for
exclusive use of the unit owner or is in conflict with this section is void and
unenforceable.
(2) If approval is required for the installation of a vegetable garden, the
application for approval shall be processed and approved by the association in
the same manner as an application for approval of an architectural
modification to the common interest community and shall not be intentionally
avoided or delayed. The approval or denial of an application shall be in
writing. If an application is not denied in writing within 60 days from the date
of receipt of the application, the application shall be deemed approved, unless
that delay is the result of a reasonable request for additional information.
(3) The unit owner and each successive owner shall be responsible for
all of the following:
(A) costs for the installation, maintenance, repair, removal, or
replacement of the vegetable garden;
(B) costs for damage to any common element or limited common
element resulting from installation, maintenance, repair, removal, or
replacement;
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(C) costs for water or electricity associated with the use of the
vegetable garden; and
(D) disclosing to prospective buyers of the unit the existence of any
vegetable garden and the related responsibilities of the unit owner under this
section.
(c) This section shall not prohibit an association from enacting bylaws or
rules that reasonably restrict the installation or use of a vegetable garden in an
area of the common interest community designated for exclusive use of the
unit owner, including:
(1) requiring that a vegetable garden be maintained in good condition if
visible from the street faced by the lot or from an adjoining lot;
(2) requiring that dead plant materials and weeds are regularly cleared
from the vegetable garden, with the exception of straw, mulch, compost, and
other organic material intended to encourage vegetation and retention of
moisture in the soil;
(3) restricting the use of property owned in common and not for the
exclusive use of a unit owner; and
(4) prohibiting the use of pesticides, as that term is defined in 6 V.S.A.
§ 1101, or