New Law Protects Clotheslines

Given the short time they serve (due to term limits), legislators rarely can address complex issues, and that includes homeowner association law. Except for the California Law Revision Commission’s excellent work relocating and reorganizing the Common Interest Development Act (2011’s AB 805), the last significant body of amendments to the Act was 2005’s SB 137, substantially changing the delinquent assessment collection process. Most amendments to the Act are more narrow, resulting in protection for personal gardens (2014’s AB 2561), artificial turf (this year’s AB 349), or the American Flag (2002’s SB 2032). Badly needed reforms, such as simplifying the Act for small associations, are still not addressed.

Another example is AB 1448, authored by Assemblyman Lopez and approved by Governor Brown on October 8. This legislation adds Civil Code 4750.10 and protects the rights of HOA residents to use clotheslines or drying racks in their private backyards, subject to reasonable association restrictions.

The new law will not apply to front yards, balconies, or areas which are not enclosed and accessible only by the resident. The statute does not define “backyard”, so it is unclear if enclosed side yards are also protected locations for clotheslines or drying racks. “Clothesline” and “drying rack” are defined as not using a balcony, railing, awning or other building or other structure component.

Associations are free to have reasonable restrictions regarding private backyard drying racks and clotheslines, so long as they do not unreasonably restrict or effectively ban them. “Reasonable” means it does not significantly increase the cost of using them.

While the statute does not state whether a private enclosed side yard is considered a “backyard,” if such an area is not visible from the street or the common areas, it may be reasonable to allow clotheslines and drying racks there. Even if the statute does not require it, such permission seems consistent with the law’s intent. If backyard fences are chain link or wrought iron, can the association require the owner to screen the area or use an area which is not visible from the street or common area? A reasonable interpretation, balancing the considerations involved, would indicate that the HOA could.

The new law takes effect on January 1, 2016. Boards should consider beginning the rule-making process now, to develop reasonable rules on this subject. Since boards must wait 30 or more days after publishing a draft rule change to the members before they can approve a change, it might already be too late for some HOAs to have rules in place before this law takes effect. Hopefully, homeowners will be patient with their boards if they are seeking to use drying racks or clotheslines, and give their boards time to adopt reasonable rules on the subject.

To read AB 1448, visit www.leginfo.legislature.ca.gov, and click on the “bill information” tab. After entering the bill number, one can read it. After January 1, 2016, the new law can be found at the same site by clicking on “California Law”, then “Civil Code,” and then scrolling down to the correct section number.

Fifty years ago, my parents rejoiced when they acquired a clothes dryer and permanently retired their clothesline. If clotheslines make a comeback, the Civil Code will be ready for it. However, California’s small associations continue to wait for some help.

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.