In recent years, society has seen an increased interest in the "green movement."Loosely defined, the green movement seeks to incorporate more sustainable and Earth-friendly building and living practices into daily life. How does this comport with established guidelines for living within common interest communities?
For example, one aspect of green living may be to eschew the machine dryer for a clothesline. Yet, many if not a significant majority of real property covenants on file restrict clotheslines. What about edible landscaping? Perhaps such landscaping design doesn't meet the community's standard for yard maintenance. How are we to reconcile the urge to live more softly within the common interest community framework?
Of course, the community may amend their governing documents to expressly allow certain sustainable practices. But, governing document amendment projects may be difficult or impossible depending on the interest level among the owners. In some areas, legislation is being adopted to "trump" restrictive covenants, such as laws expressly allowing solar panels and private wind generators to be installed on lots within community associations. Some owners simply ignore covenants risking lawsuit – see for example the story of one Flower Mound, Texas couple who did just that (the link isn't to recommend this course or endorse either the owner or HOA, or any comments to the story).
For further thoughts on this topic, several blog articles exist: how to help your condo board go green; green your HOA; integrating solar installations.
Matthew L. Winton, Esq.
Practicing community association law since 2000