H 537 Vermont House · 2025-2026 Regular Session

An act relating to the right to grow vegetable gardens

This bill prohibits landlords and common interest communities (like HOAs) from banning vegetable gardens in tenants' or unit owners' private areas. It requires associations to approve garden requests within 60 days (deeming them approved if not denied in writing), makes restrictive rules unenforceable, and holds owners responsible for maintenance costs and disclosure to future buyers. Landlords may set reasonable limits on garden appearance, safety, and pesticide use but cannot block gardens in approved areas. The law takes effect July 1, 2026, and does not apply to condominiums.

Issues: ✓ Housing

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Mar 2026

House Passage

Mar 2026

Senate Passage

Governor

Introduced Jan 6, 2026 Last action Mar 25, 2026

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What changed between versions

As Passed By the House (UnofficialOpens in a new window) → As Passed By the House (OfficialOpens in a new window) · 3 edits · Mar 20, 2026

MINOR

The official enrolled version of H.537 makes three substantive changes from the unofficial version: it narrows the scope of the vegetable garden provision for common interest communities from 12-or-more-unit communities created before January 1, 2011 to all common interest communities created before January 1, 1999; it changes the term 'rented space' to 'private area' in the landlord-tenant section; and it sets a specific effective date of July 1, 2026 instead of taking effect on passage.

SCOPE

The amendment to 27A V.S.A. 1-204(a)(3) changes which common interest communities are subject to the new vegetable garden section (3-125). The unofficial version applied it to communities with 12 or more residential units created before January 1, 2011. The official version applies it to all common interest communities created before January 1, 1999, removing the minimum unit count but moving the cutoff date earlier by 12 years.

DEFINITION

In the landlord-tenant section (9 V.S.A. 4456c(b)(1)), the location where a tenant may grow a vegetable garden in portable containers was changed from 'the tenant's rented space' to 'the tenant's private area,' which is a broader and less precise term that could encompass areas beyond the leased unit itself.

TIMELINE

The effective date was changed from 'on passage' (immediate upon legislative approval) to July 1, 2026, giving associations and landlords additional time to adjust their bylaws, rules, and policies before the new requirements take effect.

As IntroducedOpens in a new window → As Passed By the House (UnofficialOpens in a new window) · 7 edits · Mar 20, 2026

MODERATE

The House expanded the scope of the vegetable garden right to cover all common interest communities with 12 or more residential units created before January 1, 2011 (previously only pre-1999 communities), removed the condominium exemption, extended the deemed approval period from 60 to 90 days, replaced the civil penalty enforcement mechanism with a notice-and-cure process, added a security deposit provision for landlord-tenant gardens, and changed the effective date from July 1, 2026 to immediate upon passage.

Scope change

The bill's scope expanded substantially: it now covers all common interest communities with 12+ residential units created before January 1, 2011 (not just pre-1999 communities), and condominiums are no longer exempt. The effective date moved from a fixed future date to immediate upon passage.

SCOPE

Section 3-125 now applies to all common interest communities with 12 or more residential units created on or before January 1, 2011, instead of only communities created before January 1, 1999. This significantly broadens which associations must allow vegetable gardens.

The exemption that stated 'This section shall not apply to a condominium' was deleted, meaning condominiums are now covered by the vegetable garden provisions.

TIMELINE

The deemed approval period for vegetable garden applications in common interest communities was extended from 60 days to 90 days before an application is automatically approved.

The effective date was changed from July 1, 2026 to immediate upon passage of the act.

REQUIREMENT

A new permissible restriction was added allowing associations to regulate the erection and installation of permanent structures, giving them a tool to limit certain types of garden installations.

ENFORCEMENT

The enforcement mechanism was completely reworked. The original version imposed liability for actual damages plus a civil penalty up to $1,000 on associations that intentionally violated the section. The House version replaces this with a notice-and-cure process: the association gives written notice of a violation, the unit owner has 10 days to correct it, the association may then take steps to correct uncorrected violations, and costs may be charged back to the unit owner.

FISCAL

A new subsection (e) was added to the landlord-tenant section allowing landlords to charge a security deposit for non-portable vegetable gardens to secure against damages or removal at lease termination, with the existing security deposit rules in section 4461 applying.

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Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 25, 2026

Introduced

Read 1st time & referred to Committee on Economic Development, Housing and General Affairs

upper

Mar 19, 2026

Lower · Passed

Report of Committee on Agriculture, Food Resiliency, and Forestry agreed to

lower

Mar 19, 2026

Lower · Passed

Rep. Bos-Lun of Westminster reported for the Committee on Agriculture, Food Resiliency, and Forestry

lower

Mar 18, 2026

Introduced

Action Calendar: Favorable with Amendment

lower

Mar 17, 2026

Introduced

Notice Calendar: Favorable with Amendment

lower

Jan 6, 2026

Introduced

Read first time and referred to the Committee on Agriculture, Food Resiliency, and Forestry

lower

1 primary · 0 co-sponsors