Vermont and Clotheslines - How can Condo rules be written?

Vermont recently enacted laws re: allowing outdoor clotheslines. The Vermont Statutes are worded similarly to those of Florida. Earlier discussions on this topic do not answer my specific concerns. The Vermont Statutes reads in part:
§ 2291a. RENEWABLE ENERGY DEVICES
Notwithstanding any provision of law to the contrary, no municipality, by ordinance, resolution, or other enactment, shall prohibit ... . This section shall not apply to patio railings in condominiums, cooperatives, or apartments ...
§ 544. ENERGY DEVICES BASED ON RENEWABLE RESOURCES
(a) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting ... , clotheslines, or other ... from being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission ... .

Background:
1. Condominium Association, 64 units, sixteen separate buildings, four units per building, modest size (units average about 1,000 sq ft), a mixture of garden style apartments (two lower, two upper per building), and townhouse style units.
2. Rural setting, clustered buildings, with lawn areas, some flat, some hilly, large and medium size trees around and between buildings, typical shrubbery and flowers. Because the buildings are clustered, building front and back yards are quite small.
3. All ground and lawn areas are designated "Common" (none are Limited Common). Townhouses have small Limited Common open front porches with low railings, Apartment Units have small Limited Common open decks/balconies with railing. Exterior of all buildings are Common, owned by the Association.

Advice please:
1. Our current rule reads: Outside clotheslines or other clothes drying or airing facilities are not permitted. No clothes or other materials can be hung or shaken from windows, placed on window sills or on an outside clothes line, draped from a balcony, railing, or fence, or otherwise left or placed in such a way as to be exposed to public view.
2. Assume the second sentence is still OK, once "or an outside clothes line" has been deleted, since the Statute states that it does not apply to condominium railings.
3. Since we now must allow outside clotheslines, assume we can specify type, size of clothes drying device, specify the hours and days of the week that clothes drying devices can be in use, and can specify that they be removed and stored, when not in use, etc.
4. But here is where I need advice. I am on the BOD. Can we restrict where on the Common Area lawn, drying devices can be placed, and prohibit anyplace else? Possible areas might be several flat areas, in a sort of a corner location, away from any of the condo buildings. For most, it would be a short walk, but those locations would be available to all Unit Owners, Residents.
5 What about the "Limited Common" front porches and decks? Do we have to allow them to be used? If yes, assume we can specify hours, days of week, type, height of drying racks to keep them below the railings, etc.
6 The BOD has the authority to make and revise Rules. (We already have someone "testing the law" by putting up an umbrella type clothesline device in a small open area behind one of our buildings. Neighbors are objecting, and the clothesline device is "in the way" when in use.
7 What Rule(s) can we write (as restrictive as possible) that would comply with the newly enacted Vermont statutes (similar to Florida's)? I have searched for Florida court cases that might clarify, but I have not been able to find any. Thanks in advance.

I agree. Local/State/Federal law/code/statute wins over HOA founding documents, no matter what your documents say.

I think the relevant part of your statute comes after the ... "A property owner may not be denied permission ... ."

May not be denied permission to what? Erect an energy saving device whereever they choose?

Correct me if I'm wrong, but it seems like you'd LIKE to rewrite (amend/vote/whatever) your CC&R to LIMIT the locations/types of energy saving device. Is that correct?

In that case, I guess I would recommend an attorney. I wouldn't go looking for an attorney unless you think enough owners would vote to amend, though. Otherwise, could just be a waste of money.

I concur, BUT...some associations don't have the money to update founding documents everytime the local/state/fed pass laws impacting HOA operations.

I'm one of them. Not ideal...but sometimes it is what it is.

Mary,
Alot would depend what Vermont State laws say about compliance with their HOA laws. I know of a few cases where the CC&Rs were changed without a members vote because of a conflict with the State. This can be done with a rewording by an attorney. Normally tho, a State will use the famous--"notwithstanding" what the governing documents say.

Steve,

I agree with you. Covenants should not be changed every time there is a new law. The hassle of getting members to vote, hiring an attorney, etc. are not worth it. If pushed just rely on state law.

MaryA1,

Precisely! This is what needs to be sorted out - probably in the courts.

Vermont Title 27, Chapter 15 Condominium Ownership Act, is the Statute under which Condominiums were declared starting sometime in the 1980's. Then around 1999, Vermont Title 27A: Uniform Common Interest Ownership Act (1994), patterned after the 1994 UCIOA, was enacted, and which supplements, or builds on, the earlier ACT. (FYI - Title 27A also applies to HOAs.)

Now comes along the revisions to the "Energy Statute". Here is the link:

http://www.leg.state.vt.us/docs/2010/bills/Passed/H-446.pdf

For "Clotheslines" see pages 47 and 48.

Note the words: (a) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices ... .

So for the time being we have to live with words in one statute, which says that words, in accordance with Title 27, Chap15 and/or Title 27A are no longer valid in respect to "No clotheslines allowed".

As a "general rule" something like this might work for us, based on wording I found in a Florida Condominium Document: No clothesline or clothes pole shall be erected, and no outside clothes drying is permitted, except where such activity is mandated by governmental authorities for energy conservation purposes. In that event the Association shall have the right to approve the portions of any Parcel used for outdoor clothes-drying purposes and the types of devices to be employed in this regard. The approval by the Association shall be in writing. Nothing contained in this paragraph shall be construed to limit the reasonable use of energy devices based on renewable resources as provided in Vermont Statute _______.

What I am "fishing for" is some specifics such as: size and location of an approved parcel, how is use of the parcel defined, use limited to how many hours per day, to how many days of the week, use prohibited on holidays, size and type of clothes drying device allowed, if space for only one drying apparatus at a time, is it on a "first come" basis, is it OK for the defined parcel to be distant, short walking distance from units, etc.

In other words, what is the minimum accommodation for outdoor drying that has to be provided in order to be reasonable? And do we have to allow drying racks on Limited Common deck and front porch areas, which are maintained by the Association, not by the Unit Owner?