Civil Code Section 4750 provides homeowners within HOAs limited rights to use their backyards for “personal agriculture” (i.e., food gardens). It renders void and unenforceable any provision of a HOA’s governing documents that “effectively prohibits or unreasonably restricts the use of a homeowner’s backyard for personal agriculture.” (Civ. Code § 4750(b).)
“Personal Agriculture” & “Plant Crops” Defined
For the purposes of Section 4750, “personal agriculture” is defined as:
“…a use of land where an individual cultivates edible plant crops for personal use or donation.” (Civ. Code § 4750(a); Civ. Code § 1940.10(a)(2).)
“Plant crops” are further defined as:
“…any crop in its raw or natural state, which comes from a plant that will bear edible fruits or vegetables. It shall not include marijuana or any unlawful crops or substances.” (Civ. Code § 1940.10(a)(3).)
Limitations
The rights afforded to homeowners under Section 4750 are not absolute and are subject to the following limitations:
- Personal Use or Donation Only – the definition of “personal agriculture” includes edible plant crops grown for “personal use or donation.” (Civ. Code § 4750(a); Civ. Code § 1940.10(a)(2).) “Personal agriculture” would therefore not include edible plant crops which are grown for sale or other commercial purposes.
- No Marijuana or Unlawful Substances – the definition of “plant crops” does not include “marijuana or any unlawful crops or substances.” (Civ. Code § 1940.10(a)(3).)
- Personal Property or Exclusive Use Common Area Only – Section 4750 extends only to the use of a homeowner’s backyard or a yard that is “designated for the exclusive use of the homeowner” (i.e., an exclusive use common area yard or patio). (Civ. Code § 4750(a),(d).) This language suggests that homeowners do not have the right to use the HOA’s general common areas (those common areas which are not exclusive use common areas) for personal agriculture.
- “Reasonable Restrictions” Permitted – Section 4750 does not apply to provisions of a HOA’s governing documents “that impose reasonable restrictions on the use of a homeowner’s yard for personal agriculture.” (Civ. Code § 4750(c)(1).) The issue of “reasonable restrictions” is discussed further below.
- Rules Requiring Clearance of Dead Plant Materials & Weeds – Section 4750 does not prohibit a HOA from applying rules and regulations “requiring that dead plant material and weeds…are regularly cleared from the backyard.” (Civ. Code § 4750(e).) However, those rules and regulations may not apply to “straw, mulch, compost, and other organic materials intended to encourage vegetation and retention of moisture in the soil.” (Civ. Code § 4750(e).)
“Reasonable Restrictions” on Personal Agriculture
Section 4750 does not apply to provisions of a HOA’s governing documents “that impose reasonable restrictions on the use of a homeowner’s yard for personal agriculture.” (Civ. Code § 4750(c)(1).) “Reasonable restrictions” are defined as:
“…restrictions that do not significantly increase the cost of engaging in personal agriculture or significantly decrease its efficiency.” (Civ. Code § 4750(c)(2).)
Unlike in the context of solar panels, the Civil Code does not define what types of restrictions on the use of a homeowner’s yard for personal agriculture that would result in a “significant” increase in cost or decrease in efficiency.
