I read recently about a resident in an upscale HOA community who spent her summer vacation in Maine.  While there, the resident became accustomed to putting her clothes out to dry on a clothesline, per local custom.  The resident assumed, however, that upon returning to her Florida HOA community, she would be prohibited from utilizing a clothesline due to restrictions in her HOA’s declaration.

The resident soon discovered that she couldn’t have been more wrong.  While HOA and COA declarations may prohibit clotheslines, Florida law decided some time ago that such restrictions are null & void.  Per Florida Statute §163.04(1), “the adoption of an ordinance by a governing body . . .which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.” 

I raise this issue because while using clotheslines in Florida is absolutely legal, it doesn’t seem to be a common practice.  When the issue of clothesline usage does come up, many HOA residents may find the sight of clothes hanging out to dry unseemly, prompting a complaint to the Association board for assistance.  The Association, in turn, may refer to their declaration, which may either positively exclude clotheslines from use, or attempt to limit their usage indirectly; in Florida, both types of provisions are superseded by law. 

As an example, one declaration I reviewed recently limited placement of clotheslines to designated “service yards” that are “completely screened so that the elements screened are not visible at any time from the street or any adjoining property.”  With most lots in this particular subdivision at two stories, it was nearly impossible for someone not to see a given clothesline from some vantage point; effectively, then, the declaration was banning clotheslines.  While some HOA board members may think a provision like this conforms to state law, they would be mistaken.  Remember the statute - restrictions “which prohibit or [have] the effect of prohibiting . . . clotheslines . . . are expressly prohibited.”  Despite their objections, homeowners who are perturbed by a clothesline obstructed view will have to find a way to assuage themselves under current law.

The possibility of more conflict down the road may be increasing.  A nascent “right to dry” movement has recently picked up steam, spearheaded by groups with names like “Project Laundry List” and blogs like those put out by the group “Urban Clothesline.”  HOA and COA board members should be continually alert to resident concerns on such matters to avoid getting into any legal hot water.