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 clothesline prohibitions.
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 can adopt reasonable rules and regulations related to 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 issues affecting community associations, subscribe to the Davis-Stirling Newsletter.