Clothes Line

YES

Pursuant to:

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=clothesline&URL=0100-0199/0163/Sections/0163.04.html

163.04Energy devices based on renewable resources.
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(1)Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.

(2)A deed restriction, covenant, declaration, or similar binding agreement may not prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restriction, covenant, declaration, or binding agreement. A property owner may not be denied permission to install solar collectors or other energy devices by any entity granted the power or right in any deed restriction, covenant, declaration, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings and within the boundaries of a condominium unit. Such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45° east or west of due south if such determination does not impair the effective operation of the solar collectors.

(3)In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.

(4)The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.

History.—s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249; s. 1, ch. 2008-191; s. 3, ch. 2008-227.

Actually Ed … I would argue that technically it is just the “patio railings” that it would not apply, not any patio itself. The patio living area would fall within “the boundaries of a condominium unit” and is owned by the homeowner.

Per: “This section shall not apply to patio railings in condominiums, cooperatives, or apartments.”

Florida is unique in the fact that there are estimated to be over 30,000 HOAs in the State. That is a hell of a lot of people who chose to live with restrictions. Maybe not all of them. but the majority chose to live this way.

Once you gather people into such close proximity, the ugly head of how to manage to keep everyone happy rears up. Florida has done a good job in their HOA laws. Nothing will ever be perfect but when you have this many people on top of each other, there needs to be guideances.

The Renewable Energy laws have nothing to do with HOAs but once they were passed, HOAs had to try and fit them in to already established covenants and restrictions. HOAs are not normally individual properties but one big happy family.

Jon,

TENNESSEE???

Janet,

Golly gee, thanks. Because of my years in Florida with the 4 rentals in 4 different associations plus my home HOA, I pretty much know what an average HOA is like down there. I have to say, unless you are defiant, apathetic, always looking for a way out, don't like rules or don't like to be told what to do, most HOA's (I stress MOST) are not that bad.

Bravo Donna!!!

As far as the clotheslines go---a condo assoiciation cannot prohibit someone from erecting one...BUT they CAN put in restrictions as to when/how/where/what time they can be placed outside. Following the law--but enforcing the rules.

So, if I need to dry my clothe, can I place a temporary thing to dry the cloth, after dry remove, in Florida?

I'm not clear on what the rights of the homeowners are in regards to patios and decks in the particular complex under discussion, but in my complex, the decks and patios are exclusive-use common area. They may be for the exclusive use of the condominium owner, but they are still common area. That means that the association actually owns the deck or patio. If the homeowner screws or nails a bracket into the walls that enclose the deck or patio, to which a clothesline is attached, and doing so allows rainwater to flow into the structure (which all the unit owners, AKA the association) collectively own, then the association has every right - actually a responsibility - to interfere with this act - regardless of the intention of the homeowner. It's not the association interfering with the unit owner's freedom or desire to be a responsible consumer of limited resources, but rather the association safeguarding the property owned by all of the homeowners.

To me, this is the essence of the problem facing all HOA's. On the one hand, individual homeowners want to be free to do whatever they wish to do, which is a right that many people coming from renter reality to home ownership reality rightly or wrongly believe is their due; on the other hand, the only reason many people who own homes in common interest developments can even claim the status of "home owner" is because they have joined their fortunes with a mob of people chosen at random, and have agreed to live with them by a set of conditions that define what they can do and what they can't do - without first reading or understanding the documents that describe them.

Think for a moment how crazy that sounds.

Rob

In Florida, most decks, patios and balconies are considered "Limited Common Area" in condos which means that the HOA owns the space but it is designated as for use only to the deed holder. With that in mind, the owner is usually responsible for maintenance of that space but for repair and replacement, the HOA holds that responsibility. Once the space is considered "limited", the owner then has more freedom to use that space and may well be allowed to dry things on a temporary line. Documents are now being addressed to include this most ambiguous law. IF the State wants to allow for clothesline drying, they did a really poor job by allowing for placement of the lines in condos, where there actually is no space for lines other than on limited or common areas.

AdrianaS
--- you claim to need an attorney.....just WHAT exactly is your Board of Directors suing you for???? If you could give us some information perhaps we could help you.