State legislature adopts law limiting the ability of Indiana homeowners associations to regulate beekeeping. 

On July 1, 2024, a new law will go into effect providing that Indiana homeowners’ associations cannot ban beekeeping as long as the beehives are actively maintained to produce honey and comply with state law. However, homeowners associations CAN adopt rules regulating beekeeping. The new law will be added as a new Chapter to the Indiana Homeowners Association Act.

Rationale for the new law?

Bees are essential for pollinating plants and crops. Bees have been on the decline for years due to pesticides, parasites, and destruction of habitats. Increasing amounts of farmland are being converted into residential neighborhoods, which is contributing to the decline. The legislature is trying to help increase the honeybee population.

So, what does this mean for Indiana HOAs?

The HOA cannot ban beehives which are actively maintained to produce honey.  However, an association can adopt regulations limiting the number and location of active beehives a person maintains on the property. Any owner who has hives in place prior to adoption of such rules is entitled to keep the same number of hives in the same locations. It is irrelevant whether the individuals own or lease the property – they are allowed to have beehives provided that they follow the statute.

What if someone is allergic to bees?

The statute allows an association to prohibit beekeeping within 100 feet of a property if: (1) a person provides documentation from a licensed physician to the homeowners’ association verifying that the person or a member of the person’s household has a bee allergy; and (2) the person described in subdivision (1) who has the bee allergy resided at the property before another person began beekeeping within one hundred (100) feet of the property.

Basically, the person with the allergy must be living within 100 feet of the property before the beekeeping begins on the property. New owners cannot demand their neighbors cease beekeeping because of an allergy.

Boards should reach out to their legal counsel with questions about the new law or to discuss adoption of rules regulating beekeeping.

A full copy of the new law can be found here:  HEA 1337

We will be adding its provisions to the Indiana Homeowners Association Act so you can review the Act in its entirety by going to Resources for Indiana Community Associations, HOAs, and Condo boards. — Eads Murray Pugh