Delaware 2023-2024 Regular Session

Delaware Senate Bill SB130

Introduced
5/16/23  
Introduced
5/16/23  

Caption

An Act To Amend Title 25 Of The Delaware Code Relating To Restrictive Covenants.

Impact

The proposed changes would make any legal clause in property deeds or contracts that restrains the use of clotheslines on private property null and unenforceable. This pivotal amendment is indicative of a broader movement towards sustainability and energy conservation within state legislation. While the bill provides certain flexibilities for local communities to impose reasonable restrictions—particularly for public health, safety, and aesthetic concerns—it sets a clear precedence supporting the use of energy-efficient alternatives in residential settings. Furthermore, this bill aligns Delaware with seven other states that have enacted similar protections for homeowners wishing to utilize clotheslines.

Summary

Senate Bill 130 aims to amend Title 25 of the Delaware Code by addressing restrictive covenants that currently prohibit or unreasonably restrict homeowners from installing or using clotheslines. This bill is significant as it actively encourages sustainable living practices by allowing individuals to utilize clotheslines for drying clothes, which in turn can reduce energy consumption associated with electric dryers. By enabling homeowners to install clotheslines, the bill promotes environmental responsibility and aims to reduce the carbon footprint related to laundry practices.

Sentiment

General sentiment surrounding SB 130 appears to be supportive, primarily among environmental advocates and homeowners looking for more sustainable living options. Advocates commend the legislation for recognizing the importance of personal choice and autonomy in managing home energy use. However, there may be contention particularly from homeowners’ associations or communities that value restrictive covenants for aesthetic or resale value concerns, emphasizing the tension between individual rights and collective community standards.

Contention

A notable point of contention pertains to the balance of rights between homeowners and community organizations. While proponents of SB 130 see it as a necessary measure to promote sustainability, detractors may argue that such legislation could undermine community standards and property values. The bill specifically allows for reasonable restrictions to remain enforceable if they are necessary for health and safety or historical significance, which might serve to alleviate some concerns, but the potential for conflict between individual freedoms and community regulations remains a key point of discussion.

Companion Bills

No companion bills found.

Similar Bills

PA HB1179

In management of the condominium, providing for outdoor solar access for drying clothes; in management of cooperatives, providing for outdoor solar access for drying clothes; and, in management of planned community, providing for outdoor solar access for drying clothes.

PA SB1164

In management of the condominium, providing for solar access; in management of cooperatives, providing for solar access; and, in management of planned community, providing for solar access.

MA S1277

Relative to solar drying of laundry

TX HB648

Relating to the regulation of clotheslines by a property owners' association.

CT SB00067

An Act Concerning Energy Conservation And The Drying Of Clothes.

HI SB2413

Relating To Energy Efficient Technologies.

FL H1203

Homeowners' Associations

TN SJR0023

A RESOLUTION to recognize Plum Nelly on the occasion of its fiftieth anniversary.