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JoelM1 (Pennsylvania)
Posts: 61
Posted:
Our board is attempting to set reasonable restrictions as per the new right to dry bill in Maryland eff Oct. 1'st.

The full text of the bill can be found here:

http://mlis.state.md.us/2010rs/bills/sb/sb0224e.pdf

The part line that discusses resonable restrictions is as follows:


(E) THIS SECTION DOES NOT PROHIBIT REASONABLE RESTRICTIONS ON:

(1) THE DIMENSIONS, PLACEMENT, OR APPEARANCE OF CLOTHESLINES FOR THE PURPOSE OF PROTECTING AESTHETIC VALUES; OR

(the other parts where restrictions can be placed are very straight forward)

My interpretation of part (1) is that a reasonable restriction can state the maximum size of a clothesline (DIMENSIONS), where a clothesline can be placed on the property (PLACEMENT), and what style the clothesline can be (APPEARANCE).

From what I can see, there is nothing that allows for a restriction in terms of when clothes can be dried, and how long clothes can remain on the line. So a restrcition stating clothes can only be dried from 8:00 AM to Midnight seems to be invalid. Also a restriction saying that clothes cannot remain on the line for more than 24 hours seems to be invalid.

Please let me know what you think, and if any others in Maryland have addressed this new Bill I would be interested to read what restrictions your HOA put in place.

Thanks.
JeanneK3 (Maryland)
Posts: 562
Posted:
Hi Joel:
You've got it right that the HOA can set standards for clotheslines. I do know that Leisure World has a policy that the clotheslines can only be up from x time to y time. If I were you I'd just develop a reasonable policy and go with it and not worry.
Jeanne
JoelM1 (Pennsylvania)
Posts: 61
Posted:
Quote:
Posted By JeanneK3 on 09/21/2010 5:32 PM
Hi Joel:
You've got it right that the HOA can set standards for clotheslines. I do know that Leisure World has a policy that the clotheslines can only be up from x time to y time. If I were you I'd just develop a reasonable policy and go with it and not worry.
Jeanne

Jeanne,

Thanks for your reply.

I agree that a with a reasonable policy there should be no concerns. However, it is also necessary that the reasonable policy fit into what is permitted by the new legislation. From what I read in the legislation reasonable policies are permitted dealing with size, placement, and appearence of a clothesline. I do not see anything that allows for restrictions based on when a clothesline can be used (IE durration). Though, I am certainly up for discussion on my interpretation as, I fully admit, I may be wrong.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Joel,

I agree with you. I read the bill and I am of the opinion that the restrictions your board wants to place on using clotheslines are not covered by the bill. The bill is designed to not prohibit the "installation and use" of clotheslines. The bill also requires an open meeting of the members to be called for the purpose of allowing the members to be heard before the proposed restrictions are put into effect. That would be the time for you to voice your objections to the proposed restrictions.
JoelM1 (Pennsylvania)
Posts: 61
Posted:
Quote:
Posted By MaryA1 on 09/22/2010 8:40 AM
Joel,

I agree with you. I read the bill and I am of the opinion that the restrictions your board wants to place on using clotheslines are not covered by the bill. The bill is designed to not prohibit the "installation and use" of clotheslines. The bill also requires an open meeting of the members to be called for the purpose of allowing the members to be heard before the proposed restrictions are put into effect. That would be the time for you to voice your objections to the proposed restrictions.

Mary, thanks for taking the time to read the bill and respond.

I should have included in my OP that I am a board memeber - pretty much the only one of nine that approves of the new legislation. Our board is trying to come up with restrictions ahead of the open meeting so that they can be presented to the homeowners and act as a starting point (and most likely the end point as attendance will be poor I am sure). I know there is already talks of restricting what time of day people can use the clotheslines, and how long clotheslines can remain on the line. I want to get a sense of whether my interpretation is valid before I bring it up with the attorney our HOA uses. I do not want these types of restrictions presented to the homeowners if they are not allowed as per the legislation.

Another restriction they are talking of suggesting is that clotheslines can only be hung under our decks (we all have about 10 ft decks with a concrete patio underneath). I pointed out that there is no sunlight under the decks and that sunlight is an essential part of line drying, therfore I feel this restriction would not be "reasonable." My argument kind of fell on deaf ears.

I have actually emailed the state senators who sponsored this bill to thank them, and to ask if my intepretation is correct (no responses yet)

Thanks again.

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