A clothesline does not qualify as a solar energy system
Q. My family enjoys practicing a "green" lifestyle whenever possible. This includes, when weather permits, drying our clothes on a clothesline on our patio, and not in a clothes dryer. I received a letter from the board of my association demanding that I remove the clothesline, citing several provisions of our declaration that supposedly prohibit this. Doesn't the Illinois Homeowners' Energy Policy Statement Act permit me to use a clothesline to dry my clothes?
A. The practical impact of the Homeowners' Energy Policy Statement Act is that the board of an association cannot deny a property owner in an association permission to install a "solar energy system." However, a clothesline does not appear to meet the definition of a "solar energy system" and in my view could be prohibited.
To come to that conclusion, we need to review several defined terms in the Energy Act. Initially though, the Energy Act does not apply to any building that is greater than 30 feet in height. That excludes a large number of associations, but probably not those where an owner would have space to install a clothesline. Let's look at those definitions.
"Solar energy system" means a complete assembly, structure or design of collector, or a solar storage mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids or other materials; and the design, materials or elements of a system and its maintenance, operation and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system.
A "solar collector" means an assembly, structure or design, including passive elements, used for gathering, concentrating or absorbing direct and indirect solar energy, specially designed for holding a substantial amount of useful thermal energy and a transfer that energy to a gas, solid or liquid or to use that energy directly; or a mechanism that absorbs solar energy and converts it into electricity; or a mechanism or process used for gathering solar energy through wind or thermal gradients; or a component used to transfer thermal energy to a gas, solid or liquid or to convert it into electricity.
"Solar storage mechanism" means equipment or elements (such as piping and transfer mechanisms, containers, heat exchangers or controls thereof, and gases, solids, liquids or combinations thereof) that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.
"Solar energy" means radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use, or for photovoltaic use. So, while the sun is an energy source that dries clothes, a clothesline upon which those clothes are hung, is not a "solar energy system." Hence, a covenant that prohibits clotheslines would appear enforceable in Illinois.
As an aside, associations should know that the Energy Act requires associations to adopt an energy policy statement. The energy policy statement must address the location, design and architectural requirements of solar energy systems, like solar panels. The energy policy statement must also describe whether a wind energy collection system (wind turbine), rain water collection system, or composting system is allowed, and if so, the location, design and architectural requirements of those systems.
• David M. Bendoff is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.