Editorial: Should hens and bees get to move into HOA neighborhoods?

Published 5:00 am Thursday, February 13, 2025

Bees buzzing, hens clucking and the sounds of gardening could soon be coming to neighborhoods governed by homeowners associations — whether or not the HOAs want it.

But as they say, don’t count your chickens before the Legislature decides what to do with Senate Bill 59.

Senate Bill 59 would make Oregon planned community rules that prohibit or restrict gardening, hen-keeping and bee-keeping void and unenforceable. The bill is sponsored by state Sen. Cedric Hayden, R-Fall Creek, and had a hearing on Monday.

He wants people to have the freedom to grow their own food. It can be healthier. It can be less expensive. And as long as people do it in a “competent” way and abide by other laws, his bill grants people the opportunity to do it.

“Raising vegetables, growing fruit trees, raising chickens and honeybees, and other similar activities at home should be encouraged, not prohibited,” wrote Mary Kyle McCurdy, associate director of 1,000 Friends of Oregon, in testimony on the bill.

Move into a home governed by a homeowners association and HOAs enforce rules. The rules can govern political signs, the color of the exterior paint on a home, fences, weeding, when and where a car may be parked, when trash cans can be out, pets; and fees and fines for violations.

The rules are not a secret. They are legally binding. Some people chafe at them.

Members of HOAs, lobbyists and lawyers testified against the bill. The arguments: Passage of the bill would be the state of Oregon ripping up contracts between two consenting parties, HOAs and their members. People choose to live in these communities under the chosen rules. Oregon law already provides means for people to amend the rules of their HOAs.

We want Oregonians to be free to garden, keep hens and keep bees. But we don’t think it is right for the state to make such a blanket nullification of agreements entered into freely. Keeping bees and hens can disturb the neighbors. We are not so sure why people would be disturbed by gardening, but if a gardening prohibition exists in an HOA and people like to garden, look to get the rules changed or look for another place to live.

You can tell Sen. Hayden what you think of his idea by emailing him at sen.cedrichayden@oregonlegislature.gov.

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