Deborah Goonan, Shu Bartholomew discuss children, lemonade stands, and property rights On the Commons

by Deborah Goonan, Independent American Communities

UPDATED June 12, 2012

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This week, Shu Bartholomew and I discussed a sign of positive change for children and families in HOA-governed communities in the U.S.

A few weeks ago, I wrote about Texas House Bill 234.

It’s common sense legislation that gives kids the freedom to set up a lemonade stand on private property, without paying for a city permit.

But here’s what make HB 234 noteworthy. It says kids can set up the occasional stand to sell non-alcoholic beverages (including iced tea!) in spite of HOA rules to the contrary.

This spring, the Texas lemonade stand bill passed both House and Senate by unanimous vote, then HB 234 was sent to the Governor on May 29, 2019.

Gov. Greg Abbott officially signed HB 234 on June 10, 2019. On his Twitter account, Abbott calls this new Act “relating to the local regulation of the sale of lemonade or other beverages by children” a “common sense law.”

 

By the way, Colorado passed a similar lemonade stand law in April, giving kids the right to sell lemonade without a permit, but that right does not apply in HOA-governed communities with restrictions against young entrepreneurs. The law only restricts local governments from over-regulation of childhood lemonade stands.

So, three cheers for the Texas Legislature, for getting it right.

It’s another small step toward restoring the rights of residents in HOA-ville, U.S.A. ♦

Listen to the podcast:

 

See this IAC post for details about the Texas lemonade stand bill:

Texas kids free to sell lemonade & their HOA can’t stop them