Illinois Becomes Second State to Enact Right to Garden Bill - Institute for Justice
Illinois Becomes Second State to Enact Right to Garden Bill - Institute for Justice
The fact that you can't use your yard to garden in some areas is just so dumb and ridiculous. They say you "own" the land and then you can't use it for productive means? Gardens are 10x more beautiful then patchy grass anyways. Even a perfect lawn is orders of magnitude uglier then a garden.
That's HOA's for you
Does this override all HOA rules?
Yup, HOA ordinances can't override Municipal or State law. This bill specifically prohibits municipalities from prohibits gardening, so it will also prohibit HOA restrictions as well. Unfortunately, I can see HOAs starting up lawsuits over that
ugh i want to start a veggie garden on my parents property just to piss off their neighbors.
So far, all the sites I've found are talking about city ordinances against gardening, not HOA bylaws.
However, an HOA cannot legally enforce a rule that contradicts a state law. The worst HOAs will still try to enforce illegal rules. Which means you have to sue the HOA.
Ye, the article says it prevents local govts from enforcing hoa-style laws, but didn’t say anything about hoas themselves.
Idk how those work legally, I luckily don’t have to deal with them.
Genuinely curious, as in my country HOAs are a bit less powerful, but: wouldn't it be the other way around? If the HOA fines you for things that are legal within state law, and you refuse to pay, don't they need to sue you to get you to pay(or to try to get your home, which I heard is sometimes an option)? Or do you really need to sue them?
HOA aren't governmental organizations, they are contractual organizations which makes it more complicated than something like a municipal government. They are private entities more akin to a nonprofit corporations than a government. It will really depend on the language of the law. If it actually guarantees the right to grow a garden then it should override HOA rules, if it just restricts lower levels of government from banning gardens then it is unlikely to affect HOA rules.
It seems to be the former - guaranteeing the right to grow a garden:
Section 15. Right to cultivate vegetable gardens. Notwithstanding any other law, any person may cultivate vegetable gardens on their own property, or on the private property of another with the permission of the owner, in any county, municipality, or other political subdivision of this state.
I found the exact act. It's pretty short. If I'm reading it right, it specifically says an HOA can't limit this right. That is, if I'm understanding "home rule" right.
Edit: I think "home rule" is legalese for local governments. Looks like HOAs probably can still limit this right.
It probably depends on the specifics of the HOA. The article says the bill protects the right to garden on one's own property. Technically, my condo's porch belongs to the HOA and is reserved for my private use. So, I don't think this bill would override my condo's rule forbidding vegetable gardening on the porch.
(Note: I do not live in Illinois anyway. And the reasoning for the rule is "we don't want bears raiding porch gardens")
So much freedom in the United States … can’t even grow your own garden.
Yes I can, and I do. There are parts of the USA that are more free than others.
I have solar panels and batteries off grid, in addition to grid power, along with a large garden and livestock in my backyard. We live inside the city limits in a town in the USA. I do what I want on my property, and nobody hassles me about it.
To add to your point: I'm squarely in the suburbs. Several of my neighbors raise chickens, we've got raised beds on the front lawn, and a greenhouse converted from an old lanai out back. I'm not unique in my area either.
Your American experience may vary.
I'm in the US, in a neighborhood. I have four chickens and a small ~110 m^2 vegetable garden.
Nice!
Crazy that this had to even be made into a law to override local meddling.
I'd like to be able to grow my own marijuana next please. In Illinois you have to buy from megacorps
Illinois weed is almost as big of a crime against humanity as prohibition in the first place. There's this dispensary that charges $70 for a half gram vape and their edibles are so weak you might as well just buy cbd hemp in an illegal state.