H 537 — An act relating to the right to grow vegetable gardens

BILL AS PASSED BY THE HOUSE H.537 Page 1 of 612 H.537 AnIntroduced actby relatingRepresentative toLaLonde theof rightSouth toBurlington growReferred vegetableto gardensCommittee Iton isDate: hereby enacted by the General Assembly of the State of Vermont:

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:

The sections and subdivisions BILL AS PASSED BY THE HOUSE H.537 Page 2 of 12 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 BILL AS PASSED BY THE HOUSE H.537 Page 3 of 12 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;

BILL AS PASSED BY THE HOUSE H.537 Page 4 of 12 (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 any other synthetic chemical product commonly used in the growing of plant crops.

BILL AS PASSED BY THE HOUSE H.537 Page 5 of 12 (d) An association that intentionally violates this section shall be liable to the applicant unit owner or other party for actual damages and shall pay a civil penalty to the applicant unit owner or other party in an amount not to exceed $1,000.00.

(e) This section shall not apply to a condominium.

Sec.

3.

9 V.S.A.

§ 4456c is added to read:

§ 4456c.