Garden Membership Rights

Vamos A Sembrar Community Garden

DRAFT – work in progress – 2/11, 2/15, 2/16, 2/24/2021

In all legal regards with the community garden, membership is not a constitutional right, but a privilege. Anyone may join the community garden and seek membership to the Garden as a volunteer in order to gain the privilege of access and of helping to steward a public green space.

The Garden may have requirements (according to its Garden Bylaws) necessary for a volunteer to qualify as a Member.

Once a person becomes a Member of the Garden, the individual would then have membership rights, but as it would only pertain to a community garden, consistent with and not in conflict with GreenThumb, NYC Parks, NYC, and NY State policies and laws that govern community gardens.

Garden Membership Rights here means all of the rights of a Member of this Community Garden, including the following:

  1. Right to access the Garden, to its shed, and to use its tools and materials as may be allotted per their purpose, and to be given the necessary orientation, know-how, and guidance on their proper, safe, and long-term use.
  2. Right to access, or be made available to them, the Garden’s bylaws and guidelines at any time.
  3. Right to a Guide, another garden member who can provide basic knowledge, know-how, and guidance in the Garden’s care, the proper use and maintenance of tools and materials, and the areas of the Garden (who is assigned what areas and garden beds, who to talk to about certain parts of the common areas and community plots, the garden trees, including the street tree pit care, etc.).
  4. Right to participate in the Garden’s activities, including maintenance, projects, and events.
  5. Right to participate in the management of the Garden.
  6. Right to be involved in the general overall decision, to consent and approve, and to vote on matters that affect the Garden.
  7. Right to inspect the Garden’s records.
  8. Right to address issues that are in violation of the bylaws and guidelines.
  9. Right to the opportunity to redress grievances that may be made against them.

Where such rights are not in conflict or contradiction to, nor abrogate any of NYC Parks GreenThumb rules and regulations pertaining to community gardens as may be delineated in the City of New York Department of Parks & Recreation’s GreenThumb Community Garden License* and in the GreenThumb Gardeners’ Handbook*.

* See References for the Garden License and Gardener’s Handbook.