What is the “Right to Dry” in Community Associations?

As more homeowners and residents seek sustainable living practices, one topic that often surfaces in community associations is the “Right to Dry” or a homeowner’s option to use outdoor clotheslines or drying racks to air-dry laundry. This issue can create legal and aesthetic challenges for condominium, homeowner (HOA), and townhome associations striving to balance environmental consciousness with community standards.

What Is the “Right to Dry”?

The “Right to Dry” refers to a homeowner’s ability to use natural sunlight and air to dry clothes outdoors. This practice reduces energy consumption and supports environmental sustainability. Association rules, municipal codes, or state laws can affect whether and how residents are permitted to hang laundry outside in some communities.

State Legislation and Legal Landscape

Several states have enacted laws protecting residents’ right to dry laundry outdoors. These laws typically restrict associations or landlords from enforcing total bans on clotheslines or drying racks.

• Examples: Florida, Colorado, Hawaii, Maine, and Vermont have passed “Right to Dry” statutes in recent years.
• Variation by state: Some states provide broad protections while others allow associations to set reasonable restrictions on the placement or appearance of drying devices to preserve community aesthetics.
• Preemption concerns: Where state law exists, association rules that fully prohibit outdoor drying may be unenforceable.

Even in states without a “Right to Dry” statute, local ordinances or environmental initiatives may encourage air-drying practices or limit restrictive covenants.

Best Practices for Board Members and Property Managers

Balancing sustainability goals, homeowner rights, and community appearance requires thoughtful policy development. Below are best practices to help associations navigate “Right to Dry” issues effectively.

1. Review Governing Documents

• Examine the association’s declaration, rules, and architectural guidelines to determine whether clotheslines or drying racks are addressed.
• Identify language that could conflict with state or local law (ex. blanket prohibitions).
• Consult legal counsel to confirm whether revisions are needed to maintain compliance.

2. Understand Applicable State and Local Laws

• Verify whether your state has a “Right to Dry” law or other environmental protections.
• Ensure any association rules align with statutory requirements and do not infringe on protected homeowner rights.
• Stay updated as environmental and energy-efficiency laws evolve.

3. Adopt Reasonable Architectural Standards

If permitted, associations can establish aesthetic or location-based standards such as:

• Requiring drying devices to be in rear yards, balconies, or other less visible areas.
• Limiting permanent structures or specifying retractable or removable racks.
• Encouraging residents to use retractable or indoor drying racks to minimize visibility issues.
• Maintaining uniformity with community design guidelines.
• Clearly define approval procedures for any exterior installations.

4. Communicate with Residents

• Educate existing and prospective homeowners about applicable laws and association policies on drying practices.
• Highlight potential sustainability goals and explain how rules promote both environmental responsibility and community appearance.
• Provide written guidance or FAQs to prevent confusion and owner disputes.

5. Resolve Disputes Professionally

• If an owner installs a clothesline or rack without approval, follow established enforcement procedures.
• Enforce formal association drying guidelines without bias.
• Consult with the association’s attorney, especially where state law supports a right to dry, to avoid potential litigation. 

Legal Resource 

The “Right to Dry” represents the growing intersection of environmental responsibility and community governance. Board members and property managers should work to develop lawful and practical rules that reflect both state law and community aesthetics.

By reviewing governing documents, understanding applicable laws, and communicating proactively with residents, associations can uphold their standards while supporting sustainable living practices.

Do not hesitate to contact our law firm if your association has questions about “Right to Dry,” rule enforcement, drafting/updating association policies, owner disputes, or other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals.

We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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