(a) No association shall prohibit or unreasonably restrict the use of a unit owner’s enclosed yard area for personal agriculture; provided that the use is not in violation of the association’s existing master landscape plan or other restrictive covenants applicable to the unit.

Terms Used In Hawaii Revised Statutes 421J-17

  • Association: means a nonprofit, incorporated, or unincorporated organization:

    (1) Upon which responsibilities are imposed and to which authority is granted in a declaration that governs a planned community;

    (2) That is a planned community association as defined under section 607-14; or

    (3) That is a homeowners' association, in which:

    (A) The voting membership is made up of ten or more parcel owners or their proxies, or a combination thereof; and

    (B) Assessments may be imposed that, if unpaid, may become a lien on the parcel. See Hawaii Revised Statutes 421J-2

  • Unit: means a physical portion of the planned community designated for separate ownership or occupancy. See Hawaii Revised Statutes 421J-2
(b) This section shall apply only to enclosed yard areas that are designated for the exclusive use of the unit owner.
(c) This section shall not:

(1) Apply to provisions in an association document that impose reasonable restrictions on the use of a unit owner’s enclosed yard area for personal agriculture; or
(2) Prohibit an association from applying rules and regulations requiring that dead plant material and weeds, with the exception of straw, mulch, compost, and other organic materials intended to encourage vegetation and retention of moisture in the soil, be regularly cleared from the enclosed yard area.
(d) For purposes of this section:

“Personal agriculture” means a use of land where an individual cultivates lawful edible plant crops for personal use or donation.

“Reasonable restrictions” means restrictions that are reasonably necessary to protect neighbor unit owners or residents’ use and enjoyment of their property and do not unreasonably increase the cost of engaging in personal agriculture or unreasonably decrease its efficiency.

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