Clotheslines
Starting January 1, 2016, residents can install clotheslines and drying racks in their exclusive use backyards. The statute defines a clothesline to include a cord, rope, or wire from which laundered items may be hung to dry. Fortunately, the bill specifically prohibits a balcony, railing, awning, or other part of a structure from qualifying as a clothesline. (Civ. Code § 4753)
Reasonable Restrictions. Associations can adopt reasonable restrictions on clotheslines and drying racks. It defines "reasonable restriction" as one that does not significantly increase the cost of using a clothesline or drying rack.
Recommendation: If boards want to regulate clotheslines, they need to amend their rules. At some point, associations will also need to amend their CC&Rs to remove prohibitions on clotheslines.
Backyard Gardens
Starting January 1, 2015, association residents can plant personal-use food gardens in their exclusive use backyards regardless of any restrictions in the governing documents. (Civ. Code § 4750)
Crops cannot be used for commercial purposes or to be sold on the property. The change in law does not authorize the growing of marijuana or other non-food crops. (Civ. Code § 1940.10(a)(3))
Associations may adopt reasonable rules and regulations regarding the placement and maintenance of the gardens. (Civ. Code § 4750(e); § 1940.10(d))
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.