For years, certain real property covenant language represented mainstays in covenant restricted communities. For example, when satellite reception became available with the installation of a Volkswagen bug-sized satellite dish, many communities quickly adopted covenants restricting what some thought were unsightly, albeit entertaining, structures. Another typical restriction found in many communities represents clothesline structural and use restrictions. A clothesline structural restriction disallows the structure of a clothesline. A use restriction prohibits the use of real property for a certain purpose.
Given the current heightened awareness of people's impact on the environment, some are seeking simple ways to reduce energy usage - one method is to line dry your clothes. But what if your community's governing documents forbid clotheslines? One response might be to grow green with environmental indignation and ignore the covenant, of course at the person's own legal peril.
The first response should be to contact the homeowner association or condo association board and ask what the association's policy is on clotheslines. If the owner is not satisfied with the response, another course would be to seek legislative or municipal assistance. In some instances, legislatures and municipalities will adopt a law or ordinance that supersedes a real property covenant. For example, any covenant that seeks to restrict owners on the basis of race is void on its face. Likewise, any covenant that outright forbids any kind of satellite dish of any size is unenforceable.
Some communities (Davis, California for example) have adopted ordinances that expressly allow people to use their property to dry clothes. Other cities and states have adopted ordinances and laws that expressly allow the use of other energy saving items, such as solar panels and solar water heaters.
Given the relative difficulty of accessing one's elected officials, another course would be to simply amend the restriction to allow clotheslines. Since most covenants sit unamended for many years, it may be time for your community to form a "covenants committee" to review your community's covenants for their "greenness." Would your covenants allow someone to dry their clothes outside if they wishes? Would your covenants allow the placement of a wind turbine on a Lot? Would your covenants prohibit the installation of solar panels on a person's home?
In the past, these were not questions likely to be asked of our covenants. Perhaps the days are here when they should require mention on an agenda.
Matthew L. Winton - community association lawyer.
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