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If these are neighborhood assocation regulations as opposed to actual city or county bylaws, it might be harder to fight, since your friend probably signed an agreement to obey the regulations when he moved in.

The first thing your friend needs to do is file an appeal, or if there is no appeals process, file something in small claims court, anything to get a legal stay imposed so he doesn't have to tear up his food in the middle of the growing season.  He can find ways to delay at least until harvest.  He can use a technicality if neccessary -- he didn't get the original letter, for one thing.  In most districts, if they don't send the notification by registered mail, it won't hold up in court anyway.

Second, he can nitpick them to death. If the regulations say no veggies and no herbs, he doesn't have to tear up his tomatoes because they're technically a berry and therefore a fruit.  Containered plants can probably be considered separate from "the garden" and could also stay.  If the regulations say "no food" or are more broadly worded so as to really imply no edible items can be grown, he needs to case the council members' houses and find out if any of them are growing rosemary hedges, or nasturtiums or other edible flowers.

Third, he probably has grounds to challenge the regulations on their face.  Assuming this is Raleigh, NC, he needs to call up the law schools at Duke and UNC Chapel Hill and see if they have students around in law clinics over the summer who could advise him for free.   I think the best bet is probably the Environmental Law and Policy clinic at Duke, but there's also the Community Enterprise clinic there.  UNC has a Civil Legal Assitance Clinic too.  Unfortunately, most of the clinics run only during the academic year, and I'm not sure whether they take direct clients without referrals anyway, but they might have some kind of staff around to answer questions during the summer.  Can't hurt to talk to them, anyway.

More resources:  
North Carolina Justice Center
Legal Aid of North Carolina

Just a couple of ideas to start off with.  There are probably more avenues to pursue, including simple public opinion -- appealing to his neighbors.  If the garden's pretty and useful, and he gets compliments on it, the odds are that somebody complained because of his bumper stickers (to state the obvious), but other neighbors could well be outraged if they found out he was being forced to tear it up.  He could put a small sign in the garden saying that the neighborhood assiociation is trying to force him to dig it up, and asking for support.  Maybe post a petition and/or the phone number and address of the responsible parties.  Again, it isn't likely to hurt, and could help a lot.

by the stormy present (stormypresent aaaaaaat gmail etc) on Sun Jul 1st, 2007 at 05:06:13 AM EST
Huh.  And in going to the local paper's website (the News & Observer) to find out whether they had someone covering local environmental issues that he might get in touch with, I found this article in today's paper:

Better read the fine print
Your home is your castle, if the homeowners association says it's OK

 By Toby Coleman, Staff Writer
It's a good thing the founding fathers didn't try to declare their independence in a subdivision clubhouse.

They might have rejected King George III, but there would be no getting away from the real sovereign: the homeowners association. Amid all their enlightened talk of God-given rights, they would have had to grapple with rules on guests, noise and spittoons.

Two centuries after the Declaration of Independence, a new generation of Americans is quietly submitting to the dos and don'ts of homeowners associations. The result is a widespread experiment with a largely unchecked private form of governance for which almost nobody has planned.

In North Carolina alone, the number of homeowners associations has grown from 3,000 two decades ago to more than 15,000 today, according to the Homeowner Associations of North Carolina. In the Triangle, the number has soared over the same period from 481 to 2,915.

As these organizations become more common, people are realizing that homeowners associations do more than organize ice cream socials, clean community pools and approve new fences. They have become mini-governments with the power to issue fines, assess taxlike fees and even foreclose on scofflaws who do not pay.

Now, some say, it is time for the government to inject some checks and balances. State lawmakers are talking about studying HOAs and are even considering creating a state agency to issue permits to the community managers who help run them.

Legal scholars are working on a model Homeowners Bill of Rights that they hope will limit HOAs abuses by requiring open board meetings, guaranteeing homeowners access to association documents and limiting when HOAs can foreclose on homes.


I think your friend needs to call up that reporter.  But more important than talking to the reporter would probably be talking to one of the local opinion columnists who write about such issues and can actually advocate rather than we-report-you-decide.  I don't know anything about the columnists at the paper now (they're all but one different than when I lived there), so I'm not sure who would be sympathetic, but this one has written about both zoning and the environment.

by the stormy present (stormypresent aaaaaaat gmail etc) on Sun Jul 1st, 2007 at 05:26:00 AM EST
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Good advice. If only Rick Roderick were alive and still teaching classes at Duke U. He'd probably kick off a seminar series on the class element of this veggie war. Provide philosophical justifications for growing cucumbers, kale and zucchini as edible protests to the agreed  upon 'tastes' of a bunch of old farts on the HOA board. I'm sure the 'non-food growing' requirement was built into the HOA rules (like the clothesline requirement) to make sure that no one would mistake the neighborhood for a bunch of poor folks who actually, you know, needed to grow their own food, or couldn't afford a clothes dryer. So, at bottom it's a class thing. HOA requirements are almost always about propping up property values. In addition to being churlish and snobbish, it's also simply ugly. Their idea of beauty is all about preventing potential eyesores or embarassments; starting with a castrate lawn and ending with some nasty Victorian ivy--that's probably poison. I think that's in part why the American suburbs tend to be the most homogenous and boring places on earth.
by delicatemonster (delicatemons@delicatemonster.com) on Sun Jul 1st, 2007 at 11:16:57 AM EST
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