This bill aims to promote personal agriculture in West Virginia by establishing a new section in the Code that renders unenforceable any homeowners association (HOA) covenants, restrictions, or conditions that unreasonably limit the cultivation of personal gardens or the ownership of chickens. The bill defines key terms such as "personal agriculture," "chicken," and "plant crop," and asserts the importance of encouraging sustainable use of residential property for personal gardening and poultry ownership. Specifically, it allows homeowners to maintain up to four chickens and cultivate gardens, while also providing a mechanism for HOAs to remove unreasonable restrictions through a member vote.

The legislation includes exceptions for reasonable restrictions that do not significantly hinder personal agriculture, such as those related to historical preservation or community significance. It also clarifies that the bill does not permit the ownership of roosters or free-ranging chickens, nor does it prevent state and local authorities from regulating personal agriculture. Additionally, it allows HOAs to impose certain requirements regarding the maintenance of properties and the use of chemicals in gardening. Overall, the bill seeks to balance the promotion of personal agriculture with the rights and responsibilities of homeowners associations.

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