HOAs and Clotheslines

Adapted from an article by Jon Howland

clothesline-in-burano

Summertime means the weather warms up and homeowners will put their laundry out on a clothesline to dry.  Homeowners living in HOAs, condos or other common interest communities may be violating community rules by hanging their wardrobe up outside.

Nationwide, more than a quarter million homeowner associations govern upwards of 60 million people. Alexander Lee, a champion of the “right-to-dry” movement, estimates that “more than half of them (HOAs) restrict or ban the clothesline.”

A “right-to-dry” movement has sprung up and won laws in six states––Florida, Colorado, Hawaii, Maine, Maryland, and Vermont—to render bans on clotheslines void and unenforceable. In another 13 states, solar access laws already on the books appear to protect solar drying.

Clotheslines appear to fit under the umbrella of states’ solar rights because systems for hang-drying rely on the sun’s radiation to evaporate water in wet laundry. Clotheslines rely on solar energy, so their use is protected where laws provide blanket allowances for use of solar.

Solar access laws in Arizona, California, Illinois, Indiana, Louisiana, Massachusetts, Nevada, New Mexico, North Carolina, Oregon, Texas, Virginia, and Wisconsin all delineate a homeowner’s right to install a “solar energy system,” “solar energy device,” “solar collector,” “system for obtaining solar energy” or “solar energy collection device.” The legal terminology varies, but the letter and spirit of these laws has one overarching message: homeowners may utilize the power of the sun

Yet in all of these 19 states, illegal bans persist in community rulebooks, such as HOA Covenants, Conditions, and Restrictions (CC&Rs), and a number that likely runs into the millions of residents do not know they already have a right to dry. Solar access laws, many of them from the 1970s, and obscure amendments to state property law may not be well known.

Do you know your state law? Does your community have a policy on clotheslines?

State Law
Florida Florida Statute 163.04
Colorado Colorado Common Interest Ownership Act, Section   38-33.3-107.7
Hawaii Senate Bill 1338
Maine Maine Revised Statute Title 33, Chapter 28-A
Maryland Senate Bill 224
Vermont Vermont Statutes, Title 27, Chapter 5
Oregon Chapter   105, Section 105.880
Arizona Arizona Statutes, Article 3, Chapter 4, Section 33-439
California California Civil Code Section 707-714.5
Illinois Homeowners’ Energy Policy Statement Act
Indiana Indiana Code 32-23-4
Louisiana House Bill 751
Massachusetts Massachusetts General Laws, Chapter 184, Section 23C
Nevada Nevada Revises Statutes, Chapter 111, Section 239
New Mexico New Mexico Solar Rights Act
North Carolina Chapter 22B, Article 3
Texas House Bill 362
Virginia 2010 Code of Virginia, Title 67, Chapter 7
Wisconsin Chapter 236, Section 292(2)
Utah Utah Code, Title 10, Chapter 9a, Section 610

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