Registered: 1434143319 Posts: 29
Reply with quote #1
Always something new! :-) Get this one!
One of my properties is a condo with HOA rules that do not allow drying clothing on the patio. My tenant there has a "small drying rack" that he uses to dry clothes on the patio. This is in AZ... lots of sun. The HOA sent him a violation warning he needs to remove the clothes rack. Seems simple, right? However, the tenant claims this HOA rule is not enforceable due to AZ state law making it illegal to ban clotheslines or using the sun to dry clothes. I do know that State law does supersede HOA rules. Here is the link he sent me: https://thetinfoilhatsociety.com/2014/06/20/hey-arizonans-clothesline-bans-are-illegal/ I'm involved because I'm ultimately responsible to pay any HOA fines, if he refuses to pay. I plan to send the link and info from the tenant to the HOA and suggest their Legal dept review and advise. I told the tenant he will have to abide by whatever is that outcome. Has anyone heard of this "Right to Dry" thing? Any other advice? -RP
Registered: 1472494503 Posts: 309
Reply with quote #2
Try to find it in the actual state code, not some unofficial website. They may be mistaken, or not have updated it since the law was revoked, etc. There may also be exceptions listed in the state law that the unofficial website conveniently forgets to mention.
If the state says they can't ban it then they can't and I would simply 'pay' the fine by sending their invoice back with a copy of the law attached and that's it. HOAs can be psychotic and power-hungry, so you absolutely must punch them in the face when they overstep their bounds by ignoring state law.
Registered: 1169270040 Posts: 3,755
Reply with quote #3
From what I can see, AZ allows solar energy devices, but the state law defines these under 44-1761. It doesn't appear to me that a clothesline fits under this, but I'm not an attorney.