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Monday, October 18, 2021











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Subject: Clotheslines in Virginia
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Author Messages
LeslieW1
(Virginia)

Posts:9


09/18/2021 8:12 AM  
With Virginia's repeal of Virginia Code Sections 67-700 & 701, is Virginia a "Right to Dry" state where HOA's have to permit clotheslines. The Virginia Clean Economy Act seems to have entirely replaced Title 67 - The Virginia Energy Plan.

Leslie Wilcox

MelissaP1
(Alabama)

Posts:10521


09/18/2021 8:40 AM  
I think HOA's can restrict location but not the clothesline. No wants to see your drawers drying in the front yard...

Former HOA President
TimB4
(Virginia)

Posts:17766


09/18/2021 10:38 AM  
For those interested:

History of the bill showing amendments, and final version the governor signed.

I did not give it a through read.

However, I agree that an HOA can still limit clothes lines if the restriction is in the covenants.

LeslieW1
(Virginia)

Posts:9


09/18/2021 11:11 AM  
Thank you for this legislative history. The "Right to Dry" folks seem to have been relying on Code of VA Section 67-701 and the definition of "solar energy collection device" in Section 67-700 as the basis for claiming that HOAs can't proscribe clotheslines. With the repeal of those two sections on October 1, I question whether there will be any basis for invalidating an HOA rule prohibiting clotheslines - even if not specifically prohibited by the Covenants. I believe many HOAs have restrictions on clotheslines. I have not tackled reading every word of the Virginia Clean Economy Act but, on a quick glance through the summary TimB4 forwarded, don't see anything that replaces the two repealed HOA sections.
Leslie
TimB4
(Virginia)

Posts:17766


09/18/2021 3:27 PM  
Typically, restrictions to private property are required to be in the covenants. If they are in any other document, they may not withstand a legal challenge.


That said, installing a permanent clothes line could be considered an exterior change to the property and most covenants require Association approval for exterior changes.


My association took the opinion that one may have a clothes line if they were the retractable type and they were in the retracted position when not in use. These were required to be in the enclosed rear yard and not visible from the street.
LeslieW1
(Virginia)

Posts:9


09/21/2021 4:59 AM  
Clarification on Virginia clotheslines. It turns out that Code of Virginia Section 67-701 on solar collection is, repealed on October 1 but is replaced by a new Section 55.1 - 1820.1 in the Property Owners Association Act. So it wait to be seen what limitation can be placed on clotheslines by HOAs. Leslie Wilcox
TimB4
(Virginia)

Posts:17766


09/21/2021 8:14 AM  
Link:


§ 55.1-1820.1. (Effective October 1, 2021) Installation of solar energy collection devices.
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Forums > Homeowner Association > HOA Discussions > Clotheslines in Virginia



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