AB 1448 (Lopez). Personal Energy Conservation: Real Property Restrictions.

hoa-clothesline

Would make void and unenforceable any provision of a HOA’s governing documents that have the effect of prohibiting or unreasonably restricting clotheslines or “drying racks” in an owner’s backyard. Reasonable restrictions would be permitted.

Current Status: Chaptered

FindHOALaw Quick Summary:

Many sets of HOA governing documents contain provisions that prohibit clotheslines from being hung outside of an owner’s unit and/or in any area that is visible from adjoining properties or HOA common area. AB 1448 (Lopez) would add Civil Code §§ 1940.20 and 4750.10 to make any provision of a governing document void and unenforceable if it effectively prohibits or unreasonably restricts an owner’s ability to use a clothesline or “drying rack” in the owner’s backyard.

This bill would specify that these provisions would only apply to backyards that are designated for the exclusive use of the owner, and would further exclude a “balcony, railing, awning, or other part of a structure or building” from the definition of “clothesline” or “drying rack.” A HOA would still be permitted to impose “reasonable restrictions,” where such restrictions are defined as those which do not significantly increase the cost of using a clothesline or drying rack.

**UPDATE: AB 1448 was approved on October 8, 2015. It’s changes to the law will become operative on January 1, 2016.

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from the California Legislature's website