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There are two primary types of farming issues, agriculture and livestock. Both have the challenges of insurance or liability risk, rodent infestation, and noxious noise and odors. If an association were considering changing the governing documents to allow raising livestock or farming then there is a choice between small livestock and large livestock. A unique exception is horses, as there are established equine-friendly associations built for owners with horses, often with related amenities within the community (such as trails, riding arenas, or stables).


The movements in urban farming most likely to involve your association are agricultural and poultry-type livestock. The two biggest challenges are likely to be whether the operation is commercial and whether it will be a nuisance to neighboring homes.


Nuisance issues are rather self-evident. Noise and smells are a primary concern of neighboring homeowners. Association documents likely already have nuisance regulations general enough to cover any farming use, however policies built around the farming component should be geared towards ensuring compliance and respect for neighboring properties.


Most association documents prohibit commercial businesses in the residential community. When it comes to growing food, it is easy to say that someone will be producing food for their own use. But, odds are there will be many who grow more than they need, and either give extras away, sell goods at a farmers market, or participate in an exchange with other home-growers.


There are also programs and increasing interest in collaborating with non-profit groups and even some municipalities to promote and sustain community farms. These programs will have their own requirements. This is a good option for associations that want to pass on the liability to a third party.


The trick to a successful urban farming community is, as always, good governing documents. The first consideration is whether the declaration is clear on the permitted uses (gardening or raising livestock) that your community is interested in. If it is unclear, the association can consider an amendment—but heed the difficulty that associations may have passing anything that changes “use” these days in Washington due to the recent Supreme court and underlying appellate decisions in Filmore LLLP v. Unit Owners Association of Centre Pointe Condominium1


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If an association has the freedom to allow urban farming of some sort, or for those forming a new association who intend to incorporate this as an attraction and benefit of the community, the key is the documentation. Strong documents make for a strong association.


The homeowners who choose these lifestyles as part of the association of the future are likely to have a long lasting owner occupied strong bond to the property.


A recent instance involves a community that encompasses several homes that raise chickens, have large community gardens, an owner who occasionally breeds horses, others who raise goats for milk and meat, sheep, and even a commercial grower for retail recreational marijuana. The community was pretty “live and let live”—until it wasn’t, and is currently in a major disagreement over scope of commercial use. The ideals have gotten away from the intentions due to unclear or vague definitions on use.


Urban farming is here to stay. Social perceptions and tolerances—for or against—things like urban farming are in tremendous flux. It is a moving target, but communities developed to encourage and attract urban farming are sure to be popular. The key is to be conscience of the intent of the governing documents, the responsibility for insurance, and the harmonious day to day living for the owners who chose to live in an association that has urban farming as a part of the association’s amenities.


20 1 184 Wn.2d 170, 355 P.3d 1128 (2015); 183 Wn.App. 328, 333 P.3d 498 (Div.1, 2014).


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