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Illinois Becomes Second State to Enact Right to Garden Bill - Institute for Justice (ij.org)

submitted 1 year ago by [email protected] to c/[email protected]

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[–] [email protected] 4 points 1 year ago (2 children)

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.

[–] [email protected] 3 points 1 year ago

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.

source

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago)

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.