CLOTHESLINES COMING BACK

I read an interesting article in the newspaper yesterday, legislative hearings are beginning to allow homeowners, including those in a condo, etc. to hang clotheslines to dry their clothes, thus saving electricity.
This is the first I have heard of this but they mention in the article that Florida already passed this legislation.
Just curious, maybe Donna can fill us in on how this has gone over with condos in her state?

Thanks Donna, I knew I could count on you for the particulars. I suspect this is going to pass, even though CAI plans to oppose it. We will see but at least now I have the outline of what we need to implement if and when the law changes.
It is ironic, our condos were built twenty years ago and i have noticed most of the decks have one of those old retracting clotheslines on them, even though as long as I have been here, the HOA forbids the practice.

Funny you mention that about energy reduction programs. I just finished writing an article for the newsletter we are working on about the home energy audit I just had done.
Great program, they came in, did a complete audit, caulked, weatherstripped, replaced shower heads, gave me a Kill A Watt meter, and even replaced every lightbulb in my house with a compact flourescent, all at NO CHARGE!
They said i was the first condo in our complex they had been to, hopefully after the newsletter article publishes that will change.

Donna nailed it... Florida forbids stopping the use of them, and it sounds like her board has a defensible, reasonable position. Someday, it may be challenged in court, but it sounds well thought out; a reasonable accomodation to serve the HOA and the statute both.

I believe California has a similar law, and in fact, a recent court case is testing the validity/stupidity of that law. An owner with a solar collector in his yard recently sued, and won, to have his neighbor cut down trees on the neighbor's property that were shading it. This case pitted the supremacy of the solar power law against the status of the environmental lobby who love to promote shade trees for energy savings, air quality, etc.. It's still in appeals.

Hi,

FYI Maryland is also considering engery reductions bills for HOAs this session. Last year our engery increased about 50%. We are due for another 20 to 30% increase soon with the remainder coming (for a total of 100%) soon after.

Tracy

I agree w/ Harolds...I'm 71 years old and love the smell of clothes hung out doors. I have always hung cloths on a cloths line until I moved to Flordia and into a HOA. I had 6 children a year apart, there were many diapers, I never used disposable diapers. Cloth diapers were always used and I still would today (if they even have them) if I had children....Clothes lines never bothered me, in fact I like to see cloths blowing in the breeze. My clothes line was as neat as I am, everything was all hung in order, all diapers together, all shirts, all under wear, ect....Another thing that may be hard for younger women to believe is that I still hand wash my dishes. I have had a dishwasher most of my life but have NEVER used them. They have always served as an additional cabinet for me...This is where I store my snacks....I do this not only to save energy/water but because I love the feel of the warm water on my hands...May I add, I alwasy worked outside the home, had to w/six children. So I am glad I can now do this once again.

Donna: I would arm myself with the times of electrical peak usage information from Florida power companies. That could help you defend the times you have chosen for line drying, as either: replacing the use of a dryer at peak electrical demand, or, timed to coincide with washing machine use before peak electrical demands.

Be prepared to position your HOA as the energy conscious ones! It's never too early to start preparing your spin!

I must be missing something Donna. The section of the law you quoted lists not being able to 'forbid' or 'control'. Limiting it to 5 hours is definitely controlling it.

You later say "Right now, our Energy act does not deny us the ability to restrict times or places of hanging the clotheslines but I am sure that it will some day."

I hang my laundry out and it rains at hour 4. Clothes are wet. Rain continues for 10 more hours. So am I in violation cause I didn't remove it by the 5 hour deadline, wet clothes and all?

Your quote intrigued me but I see I misread the first part. The Bill was referring to any authority that has the ability to control.

Still, the 10-3pm GUIDELINE doesn't appear enforceable because to do so would have the effect of prohibiting the device.

It seems to me the law does not require the removal and re-installment of an enery saving device since the Bill lists solar panels, and clotheslines in the same section.

Still the guidelines may not be so reasonable if I have a big family and you are limiting me to 1 day a week for from 10-3...unless I erect a 100' long clothesline to get them all done, and dried in the 5 hours. My Rain example may be excessive but it is NO exageration that we do a couple loads every other day! Now I'm gonna have to do it all in one day!

http://www.fsec.ucf.edu/en/consumer/solar_hot_water/q_and_a/rights.htm#s163

Last sentence is interesting.

"While a homeowner cannot be prevented from installing a solar energy system, certain restrictions may be imposed without violating the law. However, those restrictions must be reasonable, not arbitrary, and uniformly imposed on homeowners in a subdivision. The restrictions cannot act to impair the performance of a solar system or it may be seen as "effectively" prohibiting solar. "

I considered a wind turbine but it would have to be 65' and apparently they require annual maintenance. Picture my 65' tower in a regular sub-division with homes generally about 20' apart!

Good thing they don't have Florida energy laws here....at least for my neighbours.

Fortunately Canada is your number one supplier of these limited natural resources!

By the way, we have owned a hybrid since mid 2000 so when we do come down we still spew less emissions and use less fuel that those honkin' big SUV's ya'll like. hehehe

Forgot....

Eh.

People, don't wait for the state to pass some version of screwed up legislation. You need to get an energy and conservation committee going in your association now. More important than solar or clotheslines is water conservation (except in my state and Ontario). At least make sure your docs allow for brown lawns during local lawn watering bannings. I can't tell you how many times I read in various news articles about a county that had banned watering lawns and associations sending out violation notices for brown lawns. Talk about stupidity! Get some xeriscaping options going. Tell the committee you want to cut common grounds irrigation in half every year for the next 5 years and to find a way to do it.

Start warning the owners now that they're going to have to reduce or elimiate planting some of the water-hungry annuals, shrubs, trees and other things they've grown to love, and give them options.

Come up with a reasonable clothes line proposal and put it out to a vote. Start looking at ways solar panels would fit in with your landscaping, or roofs.

In other words, try and get out front of this one. If you don't the legislature will do it for you and I can guarantee you they'll make a mess of it.

Joe

Excellent advice. And very proactive.

I have been following the progress of HB5995, the so-called "Right to Dry" bill, through the legislative process. While the objective of the bill to encourage energy conservation is admirable, the approach is seriously flawed when it comes to applying this possible law to condominium or common interest communities.

There are many practical impediments to effective implementation in the condominium environment, but the most serious defect in the proposed bill has to do with the State's effort to control the behaviors of those that choose to live in a community bound together as an association of willing members.

When each buyer purchased into such a community, they were required to review and agree to adhere to a defined set of rules. These rules are typically defined in a Declaration, Bylaws and Rules document or by some other similarly titled document. These documents are recorded in the Town Clerks office. They comprise a binding, legal contract between the buyer of the unit and the Association. Such contacts are intended to protect the property rights of each owner in the Association.

HB5995 seeks to set aside one provision of this contract as it applies to my association, i.e., allowing the use of clotheslines in the common elements where my legal documents expressly forbid this behavior. One can argue all day long about the benefits to solar drying of clothes, but that is not the point. The point is:

Article 1, Section 10, Clause 1 of the U.S. Constitution says, “No State shall … pass any … Law impairing the Obligation of Contracts.” This contract clause prohibits any state government from passing a law that would interfere with contracts made by citizens, either by weakening the obligations assumed by parties to a contract or by making a contract difficult to enforce.

What the State needs to do is educate consumers and in particular, provide good "sales" materials to condominium boards so that they can work with their community members to amend their documents to permit use of solar drying equipment (clotheslines, racks), solar panels, and other energy or water conservation devices.

We have a bill introduced in the AZ House, entitled "energy saving devices" which prohibits an HOA from prohibiting "the installation of awnings, shutters, trellises & ramadas; attic or garage fans, vents or louvers; energy efficient outdoor lighting devices that contain coiled or straight flourescent bulbs; solar recharging panels, motion detectors or other equipment connected to the lighting device; and clothlines." I think that about covers any imagineable energy saving device! The assn would be allowed to adopt rules regarding the placement and the color if those rules do not prevent the installation or impair the functioning or restrict its use or adversely affect the efficiency of the device. However, the bad news is that this bill has gone nowhere. It hasn't even been heard in committee and the leg. session is coming to an end. So, it's a dead bill!!!

Micchele and Mary,
That is a bummer and out of sync. It is also typical of what associations have to face in all States if they want to get keep up with the times. If you compare the State legislature with absentee owners of associations making amendments to our governing documents, you can draw a lot of similarites. I would hope that associations will prove over time they can run their business better than absentee directions or laws. It would be interesting if we could grade all associations and rank them according to effectiveness. I still believe the majority will fare pretty well, even though this site is full of failed or in trouble HOA's. I expect the success stories have little use for a site like this, so we are really tainted evidence.

Out of the voluminous response on this subject not one person mentioned the fabulous Breezecatcher. It is made in Dublin, but now also has a plant in Michigan to ship from. It is a portable, collapsable, brilliantly designed work of art. All you do is dig a hole large enough to fit a 9X9" cinder block filled with cement. You position the clothesline rod into the cylinder to secure position and balance, remove and wait for the cement to dry. Not only does the Breezecatcher hold an amazing amount of laundry with its umbrella form, but it spins, as in "catches the breeze," so clothes dry in half the time of a normal clothesline. Finally, its unique design and state of the art material is made to withstand those formidable Irish winds. We have winds that rocket through here routinely at 25-40 miles an hour. This baby laughs at them. Plus, it is so beeeyyoootteeful!

When your clothes are dry you remove the Breezecatcher and put it away. So its design also preserves it from the assault of being outside all the time. AND it cannot be seen over a 6-ft fence. We do not have clotheslines covenants, although, everyone THINKS we do. I think they think such a restriction would come under the ambiguous permanent structure scenario, in remembering the two-pole clotheslines stretching across the yards of our childhoods. I do my laundry on Fridays and my yard is clothesline-free for the rest of the week. If anyone would challenge me I would point out its temporary nature and then go bask in the aroma of my freshly dried sheets. I don't use my drier for 6 months!

Clothesline restrictions can be enforced AND not violate any state laws with this temporary solution. Go to Breezecatcher .com.

There are just so many reasons to love the Irish!

Dorothy

I have no problem with clotheslines, whether they can be seen above the fence or not. I grew up in a small town in PA and EVERYONE hung their clothes out every Monday. There's is nothing like the smell of clothesline dried clother, even in the winter! I remember coming home from school in the winter months and seeing my brothers' jeans frozen on the clothesline. The clotheslines were always strung in the front yard and taken down every Monday evening. I don't recall ever seeing a clothesline left up! The umbrella clothesline that Dorothy described sounds wonderful.

But, getting back to the topic of this thread, I would have no problem with seeing any of the energy saving devices stated in the AZ bill on the homes in my neighborhood. I think some of the HOA boards get a bit carried away with the "preserving property values" reason for banning so many things. I think they should all speak to an appraiser to get the specifics of what determines the property value of an individual home and also a neighborhood.

Dorothy,

I have an idea. Perhaps you can pin up all the CCR restrictions on your breezecatcher. Wait for one of those 40-50 mph wind storms and the ones that don't fall off are the ones to keep! LOL

Our CCRs permit clotheslines, provided laundry is removed every evening and the lines are used within the unit's patio area (hopefully it has a fence to block the view)

Would hanging some 'clothing' that have a slogan on be a violation of the no sign bylaw?

I would be disinclined to consider clothing hung (which is intended to be hung temporarily at best) to be defined as "signage."

My obviously unqualified and non-expert "opinion" then would be "No. Slogans on clothing is not considered signage under our governing documents."

But that's not to say someone who may be smarter, more qualified or more "expert" than I would not find otherwise.

Sounds good!

You wouldn't be in violation in our development!

A NAKED scarecrow!!! Now THAT would scare the birds away for sure....and maybe a few little ol ladies too! (no offense to the ladies.)