California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 5 — Common Interest Developments, Chapter 5 — Property Use and Maintenance, Article 1 — Protected Uses, Section 4750

(a) For the purposes of this section, “personal agriculture” has the same definition as in Section 1940.10.

(b) Any provision of a governing document, as defined in Section 4150, shall be void and unenforceable if it effectively prohibits or unreasonably restricts the use of a homeowner’s backyard for personal agriculture.

(c)(1) This section does not apply to provisions that impose reasonable restrictions on the use of a homeowner’s yard for personal agriculture.

(2) For purposes of this section, “reasonable restrictions” are restrictions that do not significantly increase the cost of engaging in personal agriculture or significantly decrease its efficiency.

(d) This section applies only to yards that are designated for the exclusive use of the homeowner.

(e) This section shall not prohibit a homeowners’ 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, are regularly cleared from the backyard.

Notes

Bars governing documents from effectively prohibiting or unreasonably restricting personal agriculture in a homeowner's exclusively used backyard. Reasonable restrictions remain allowed if they do not significantly raise cost or reduce efficiency, and an association may require regular removal of dead plants and weeds while exempting straw, mulch, compost, and other specified organic materials.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 4750 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-5/chapter-5/article-1/section-4750

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