WAIALUA — In what one resident calls an illegal act, the association for the agriculture subdivision Poamoho Estates has decided to close and lock an entry gate, shutting off free flow of potential customers to a nursery business there.

But board members said the vote taken was within the rights of the group, didn't violate any laws and won't impede business at the nursery.

Tina Jensen, who operates a nursery and plant rental business on five acres of land at Poamoho Estates, has been fighting with her neighbors to keep the gate to the community open during the day to allow customers easy access to her business, which is right next to the gate. She has no problem with locking up at night. In fact it is a benefit, she said.

"She wants the security at night but she won't afford the rest of us the security during the day," said Daren Truitt, treasurer of the Poamoho Estates Community Association.

But the issue is really about impeding agriculture activities, said Henry Curtis, executive director for Life of the Land, an environmental and community action group.

Hawaii Revised Statute Chapter 165, called the Hawaii Right to Farm Act, addresses the issue of agricultural land that abuts residential development and notes that agriculture is a priority in this state, Curtis said.

"This, I think, is clearly in violation of state law and I think the community association is opening itself up for liabilities," said Curtis, who attended the Wednesday night vote.

The problem stems from residential encroachment on agriculture operations. Residences are moving next door to farms and people complain about odor and noise, he said. The law protects the continued use of agricultural land for agriculture, Curtis said. The vote is "one more example of not taking agriculture seriously in this state," he said, adding that Life of the Land is looking at options of how to proceed in this situation.

Poamoho Estates agriculture subdivision has 15 lots ranging from 5 to 7 acres, all of which are eligible for tax breaks if agriculture businesses are conducted there. Signs of crop development are there but more evident are the large homes that take advantage of the spectacular view plane from high above the North Shore from the Wai'anae Range to Waimea Bay.

David Crockett, president of the association, said people often refer to the area as gentlemen's farms but he is working hard to build a farm and recently acquired 200 coffee trees for it.

Jensen's concerns about impeding business are groundless and the vote taken was legal, according to the association's lawyers, Crockett said. Even with the gate closed, it's just a matter of pushing a button to allow customers to come in, he said, adding that he has talked to two attorneys and neither could find a law pertaining to the issue.

"We don't believe it's illegal," he said.

Jensen said she hired an attorney who provided the legal arguments to the board of directors but doesn't think all the members of the association received the information and therefore weren't able to make an informed decision.

She said she thought the vote, which was secret and anonymous, was illegal and she did not participate. Eleven of the 15 owners, some through proxy, supported the gate closure.

The situation has bred ill feelings among neighbors but the problem is a result of vague requirements on agriculture subdivisions, Jensen said.

"It's not just the fault of the people who live here," she said. "It's the city and county and the state for dropping the ball. There's no clear-cut laws or guidelines."

What is clear is that security is needed, said Truitt, association treasurer. The area has seen police chases, and a car was set on fire. Fifty to 60 cars a day pull in to look around, people picnic and even a painter set up without asking.

"There's a liability issue," Truitt said. "All we're doing is electronically enhancing our security and access."

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.