The bill aims to promote personal agriculture in West Virginia by establishing a new section in the Code that renders any homeowners association (HOA) covenant, restriction, or condition that unreasonably limits the cultivation of personal gardens or the ownership of chickens void and unenforceable. It defines key terms such as "chicken," "homeowners association," "personal agriculture," and "plant crop," and emphasizes the importance of encouraging sustainable use of residential property for personal gardening and poultry ownership. The bill allows for exceptions where reasonable restrictions may be imposed by HOAs for historical preservation or community significance, and it clarifies that the legislation does not authorize the ownership of roosters or free-ranging chickens.

Additionally, the bill outlines limitations on the authority of HOAs, stating that they can still impose regulations regarding the maintenance of properties, the use of chemicals in gardening, and the requirements for chicken coops. It also allows HOAs to remove unreasonable restrictions through a member vote. Overall, the legislation seeks to balance the promotion of personal agriculture with the rights of homeowners associations to maintain community standards.

Statutes affected:
Introduced Version: 36-4-20
Committee Substitute: 36-4-20