2023 Hawaii Revised Statutes
Title 23. Corporations and Partnerships
421J. Planned Community Associations
421J-17 Personal agriculture allowed.
§421J-17 Personal agriculture allowed. (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.
(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. [L 2022, c 133, §1]
