Relating To The Right To Garden.
If enacted, this legislation would amend Chapter 514B and Chapter 421J of the Hawaii Revised Statutes. It would prevent homeowners' associations and similar governing bodies from enacting provisions that prohibit or limit the ability of residents to cultivate vegetable gardens in their units. However, the bill does allow unit owners to impose some restrictions, such as those related to water use or the types of plants grown, which ensures that community guidelines still play a role in maintaining order and safety in shared living environments.
House Bill 2190 aims to authorize the cultivation of vegetable gardens within residential properties that fall under the jurisdiction of condominiums and planned community associations in Hawaii. It stems from concerns raised after the 2023 Maui wildfires, which disrupted food supply chains and underscored Hawaii's reliance on imported food. The bill asserts that gardening is a fundamental right, referencing constitutional protections, and promotes self-sufficiency and food security in the state, enabling residents to grow their own food as a means to bolster food resiliency in the face of future disasters.
The bill is expected to face challenges concerning property rights and community governance, particularly regarding how much authority homeowners' associations should retain over landscaping and gardening. Opponents may argue that the legislation overreaches by undermining the autonomy of these associations, potentially leading to conflicts among neighbors about gardening practices, aesthetics, or maintenance responsibilities. Supporters counter that these restrictions often serve as barriers to residents' rights to grow food, emphasizing the importance of food security in a geographically isolated state.