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How Government Impacts Associations

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SELF-GOVERNANCE L EG I S LAT I V E AT T E M PTS TO L I M I T T H E A B I L I TY O F CO M M U N I TY ASSO C I AT I O N S TO GOV E R N T H E M S E LV E S . • Solar Panels Many associations have architectural control restrictions - however, legislatures in several states have permitted associations to have some controls and standards - but prevent them from prohibiting the installation of solar panels completely. • Support Animals Support animals are required to have reasonable accommodations under the federal Fair Housing Act. Associations with pet prohibitions or other restrictive policies have a difficult time trying to determine what accommodations they must offer. Associations should consult legal counsel before questioning owners, denying requests, or even adopting restrictions. • Clotheslines In recent years, some states have enacted laws that permit an owner to hang their laundry to dry on clotheslines in their backyards, preventing an association from prohibiting this practice. • Flags & Political Signs Legislatures have tried to strike a balance between the association's right to self-govern and establish and enforce its rules with owners' rights for free speech. The result is the passage of statutory language authorizing the display of flags and political signs, but with size and timing restrictions. • Landscaping & Irrigations Despite association rules and standards related to care and maintenance of lawns, state legislatures have permitted owners to stop watering their lawns during times of declared droughts. They have also permitted the installation of artificial grass or drought-resistant landscaping. • Short-Term Rentals The issue of short-term rentals is the most complicated, and the target of legislative discussion in more states than any other issue. Courts have created uncertainty in this space with contradictory rulings. Some state legislative proposals differ on whether to permit or require government intervention in the marketplace, so associations are encouraged to seek legal counsel in updating or adopting rental use restriction policies.

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