Setting Up a Community Garden Without Violating the Rules

VOLUME 7R

By Eric Lyerly, Esq.

Community gardens offer many benefits to renters, including access to nutritious food, the beautification of property grounds and increased opportunities for social interactions with neighbors. But tenants should know how to establish a shared garden without violating condominium owners association (COA) rules, lease agreements or relationships with neighbors. Here’s what to do.

Group Garden: Know the Condo Board Rules

COA rules will dictate how tenants may use shared spaces. Residents living in multi-unit buildings will likely not be permitted to take their garden hoes and start tilling an unused section of grass. Rather, tenants will need to know the landlord’s rules permitting the creation of a community garden beforehand. If the landlord doesn’t already specify how to go about starting this shared garden, then the rules may need to be reviewed by the COA board. Once the request is submitted to the landlord, then the tenant should wait to find out if the COA board chooses to adopt or reject the request.

As a preliminary matter, renters should decide whether they would like to establish a garden with communal or individual plots. If renters choose the latter option, then determine how plots will be assigned.

Likewise, renters should establish basic rules for the garden, including dates for the gardening season, acceptable plants, maintenance requirements, and prohibited conduct (e.g., stealing crops, using manure as fertilizer, allowing pets in the garden).

Single-Family Home Garden: Verify the Lease

For renters of single-family homes, lease agreements will control whether tenants can establish a community garden. Some lease agreements disallow alterations to landscaping.

As with COAs, renters should seek written permission from their landlords before setting up a community garden. If renters create one without the landlord’s permission, they could be in violation of lease restrictions against landscape alterations.

Be Garden-Friendly With Neighbors

Just because renters have the option to create a community garden doesn’t mean they shouldn’t check with neighbors. Nearby residents may oppose a community garden for a variety of reasons. For example, they may dislike the look of the garden, or they may be concerned that their cats or dogs will consume toxic plants.

And even if the pets stay away, that doesn’t mean the pests and bugs won’t lurk around. If physical barriers and companion planting (growing spices that repel pests) are not incorporated, fruit and vegetable plants (especially apples, cabbage, cauliflower, onions and tomatoes) are a magnet for worms, maggots, mites and beetles.

If a renter’s shared garden interferes with neighbors’ ability to enjoy their property, they might be entitled to bring a nuisance action to enjoin the activity. Frequent use of power tools, manure or pesticides in a community garden are also common reasons that may trigger this action.

Other Community Garden Concerns

Not all residents will enthusiastically endorse a shared garden or even get along during the cultivation process. However, understanding the gardening rules and policies—and abiding by those rules and policies—will help the neighborhood be prepared for the garden. It will also help alleviate one of the most common neighborhood concerns surrounding shared gardens: the maintenance and aesthetic of the property.

Know Legal Ramifications of Recording Tenant-Landlord Disputes

Whether it’s the tenant’s fault, the landlord’s fault or the calendar dates changing, there will come a time when tenants will have to contact property owners to make repairs. But what happens when a landlord refuses to do so and the tenant needs a record of their discussions?

In the Event of an Emergency

Hurricane Ian and Hurricane Harvey were important reminders about the need to stay prepared for any type of emergency. Here’s how renters can try to keep themselves and their homes safe.

Note from the Editor: Vol. 7R

I was oddly grateful to have programmed those cameras before this incident occurred. This verbal altercation was what led to the cover story idea, “Know Legal Ramifications of Recording Tenant-Landlord Disputes.” Although I wouldn’t let this dispute ruin the family gathering, I did contact legal counsel in the new year.

Small Claims, Big Problems: How to Resolve Security Deposit Disputes

After the move is complete and keys are turned in, tenants wait anxiously for their landlord to return their security deposit. But what happens when a landlord withholds a security deposit? And what legal rights does a tenant have to get that money back?

Hard Freeze: How to Care for Plants in the Winter

Dealing with freezing temperatures isn't out of the question for those living in Texas and Florida. In fact, both states have seen unusually cold, and sometimes record-breaking, winters in recent years. Here’s how tenants can protect their homes and greenery when freezing weather strikes.

Know Legal Ramifications of Recording Tenant-Landlord Disputes

In the Event of an Emergency

Note from the Editor: Vol. 7R

Small Claims, Big Problems: How to Resolve Security Deposit Disputes

Hard Freeze: How to Care for Plants in the Winter

Go4Rent Magazine: Renter Edition

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