Big Brother at the Condo

For the most part, our community associations were established with a structure of one size fits all: mandatory association membership, legally binding governing documents, and common maintenance and funding obligations, all overseen by a volunteer board of directors with broad discretion to carry out the management of the association and govern the association in a manner that is for the best interests of all members. Sounds a bit antiseptic and Big Brotherish. And therein lies the problem.

A lack of flexibility or independence to be exercised by unit owners can create disgruntled owners. More and more, owners look for a little independence. Restrictions that label, for instance, what colors the blinds can be in a home, when strictly enforced, can do more harm than good. And this type of stifling restriction can create even more problems when someone wants to do something as potentially pleasant as plant a small garden on “their” land outside their Unit.

Rather than be subject to the whims of the Legislature (California, for one, has adopted legislation the prohibits restrictions on gardening in condominium association), why not be proactive and adopt language that allows an Owner to plant a garden immediately in front of or behind their Unit. “Owners are allowed to plant flowers and plants as they see fit on the area or beds near their entryways, decks and patios, subject to approval of the Board of Directors.”

With this language, boards of directors can balance beauty and individualization against the control necessary to maintain values. If someone plants an invasive species, a board can take it out and assess costs to the Owner. If someone plants in May, but leaves their garden unattended such that by July 4th, it is brown, dead, barren or overgrown, a board can take it out and assess all costs. But if someone plants a few tomatoes or day lilies and beautifies the grounds around their Unit, then the Board has done its job well at no expense to anyone.

Another issue has been clotheslines. Clothesline prohibitions used to be customary in governing documents, presumably on aesthetic grounds. Changing perceptionshave resulted in a change in community attitudes regarding clotheslines. Formerly eyesores, clotheslines have become a green and eco-friendly way to dry clothes, and this has shown up on legislation around the country.

Massachusetts, for instance, has adopted legislation regarding the “solar drying of laundry” (I love that.) which prohibits barring the installation and use of clotheslines or charging a fee for such installation or use and provides that if a covenant, restriction, rule or bylaw prohibits the use of clotheslines upon the request of a unit owner or tenant, the homeowner or association must hold a meeting to reconsider the prohibition. Other states, including California, Colorado, Florida, Hawaii, Maine, Maryland, Utah and Vermont have also adopted legislation restricting the prohibition on clotheslines in community associations. Others may soon.

Even with these laws, associations are allowed to adopt “reasonable” restrictions on clotheslines, including aesthetic restrictions regarding dimensions, placement or external appearance. As such, be proactive. Draft rules including reasonable restrictions so that boards are prepared to proactively address the issue by allowing the use of clotheslines while still protecting the aesthetics of the community and the integrity of the homes and other structures in the community.

Note where clotheslines and drying racks are to be permitted, e.g. directly behind a Unit and within 10 feet of it. Define it, e.g. “Clothesline means a rope, cord or wire from which laundered items may be hung to dry or air. Drying rack means an apparatus from which laundered items may be hung to dry or air. A balcony, railing, awning, or other part of a structure or building does not constitute a clothesline.”

And set limits. “Clotheslines and drying racks must be maintained in good working order, and laundry should be removed promptly after it has been dried or aired. Any clothesline or drying rack that is not in good working order must be removed.”

Remember, “To Air is Human. To forgive is the job of the Board.” Be Big Brother in a good way.