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Published on Tuesday, August 12, 2008 by The Land Institute's Prairie Writers Circle

Let's Handcuff the Property Cops

by Stan Cox

Susana Tregobov dries clothes on a line behind her Maryland townhouse, saving energy and money. But now her homeowners association has ordered her to bring in the laundry. The crackdown came after a neighbor complained that the clothesline "makes our community look like Dundalk," a low-income part of Baltimore.

Tregobov and her husband plan to fight for their right to a clothesline, but the odds are against them. Although their state recently passed a law protecting homeowners' rights to erect solar panels for generating electricity, it is still legal in Maryland for communities to ban solar clothes-drying.

Twenty percent of Americans now live in homes subject to rules set by homeowner associations, or HOAs. These private imitation governments have sweeping powers to dictate almost any aspect of a member's property, from the size of the residence down to changes in trim color and the placement of a basketball hoop.

In the view of HOAs, people hand over control of such things when they buy their home, so they have no legitimate gripe. But a growing number of state and local governments are deciding that when HOAs ban eco-friendly practices, they violate the property rights of their members and damage everyone's right to a habitable planet.

In recent years, a dozen state legislatures have passed laws that restrict the ability of HOAs to ban solar panels and solar water heaters. Florida and Colorado now protect the rights of homeowners to replace irrigated, chemically dependent lawns with more natural landscaping that requires little or no extra water or other artificial life support. And Colorado has become the third state to give legal protection to people who dare to defy their HOAs by putting up that most economical of all energy-saving devices, the clothesline.

The more restrictive HOAs cling to outdated standards that treat necessary features of an ecologically resilient future -- renewable energy devices, clotheslines, fans in windows, awnings, vegetable gardens, fruit trees, compost bins, natural landscaping -- as eyesores to be buried under restrictions or banned outright.

Meanwhile, HOAs commonly mandate large, centrally air-conditioned square footages, two-car garages, lawn sprinkler systems or synthetic lawn fertilizers and weed-killers. You'd think that in 2008, community leaders would be embarrassed to enforce overconsumption and pollution, but these property cops seem determined to impose their narrow aesthetic preferences on everyone else.

Critics say that only a strong federal law can effectively protect America's 60 million HOA residents from antigreen rules. One bill, the Solar Opportunity and Local Access Rights (SOLAR) Act, is designed to do just that, but it languishes in Congress with only one co-sponsor.

The energy to restrain overbearing HOAs may have to come from the grassroots. As families struggle in coming years to keep up with rising grocery and utility bills, on top of their mortgage payments and HOA dues, they may well put the heat on lawmakers to protect their right to money-saving conservation, renewable energy and edible landscaping.

A small but growing number of HOAs are actually encouraging green practices. But let's see them push harder: Set strict limits on house size, ban pesticides and leaf blowers, maybe even discount association dues for energy conservers. These are rules we all can live with.

They also raise a dilemma. Rousing appeals to individual freedom and property rights can be effective in, say, winning Susana Tregobov her right to dry in Maryland. But as a vehicle for environmental causes, the property-rights argument can backfire. In its more fatuous forms, it can be a favorite weapon of anti-environmentalists, who would doubtless use it to obstruct green HOA rules.

We can debate the details of the rules, but we have to keep our eye on the ball - that blue-green ball we all live on. We must enforce universal rights, not just individual rights. With human-made climatic catastrophe looming, neighborhood groups have an ethical responsibility not only to protect their own turf but also to lighten the burden we all put on an ecosphere that belongs to everyone and to no one.

Stan Cox is lead scientist for the Land Institute in Salina, Kan., where his front yard is a vegetable and herb garden. Author of "Sick Planet: Corporate Food and Medicine," he wrote this comment for the institute's Prairie Writers Circle. His address is t.stan@cox.net.

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