A04258
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1179
Session of
2023
INTRODUCED BY BOROWSKI, VITALI, SANCHEZ, MADDEN, KHAN, PROBST,
PIELLI, HILL-EVANS, OTTEN AND CERRATO, MAY 19, 2023
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
MAY 19, 2023
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, 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.
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 3323. Solar access.
(a) General rule.--A unit owners' association shall be
prohibited from imposing any restriction that prohibits a person
who occupies a unit from solar access for drying clothes on a
clothesline or drying rack at the dwelling unit.
(b) Limitations.--Clotheslines or drying racks shall be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
limited to backyard areas of a unit and out of view from the
front of the building and may not obstruct public access.
(c) Exception.--Notwithstanding subsection (a), a unit
owners' association may prohibit a clothesline or drying rack
that poses a safety or fire hazard or impedes proper evacuation
in the case of an emergency.
(d) Construction.--Nothing in this section shall be
construed to supersede the legal authority of a unit owners'
association to adopt and enforce any bylaw, rule or regulation
on any matter other than the provision of solar access
permitting the installation and use of a clothesline or drying
rack.
§ 4324. Solar access.
(a) General rule.--An association shall be prohibited from
imposing any restriction that prohibits a proprietary lessee
with a possessory interest in a unit from solar access for
drying clothes on a clothesline on drying rack at the dwelling
unit.
(b) Limitations.--Clotheslines or drying racks shall be
limited to backyard areas of a unit and out of view from the
front of the building and may not obstruct public access.
(c) Exception.--Notwithstanding subsection (a), an
association may prohibit a clothesline or drying rack that poses
a safety or fire hazard or impedes proper evacuation in the case
of an emergency.
(d) Construction.--Nothing in this section shall be
construed to supersede the legal authority of the association to
adopt and enforce any bylaw, rule or regulation on any matter
other than the provision of solar access and permitting the
installation and use of a clothesline or drying rack.
A04258 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 5323. Solar access.
(a) General rule.--A unit owners' association shall be
prohibited from imposing any restriction that prohibits a person
who occupies a unit from solar access for drying clothes on a
clothesline or drying rack at the dwelling unit.
(b) Limitations.--Clotheslines or drying racks shall be
limited to backyard areas of a unit and out of view from the
front of the building and may not obstruct public access.
(c) Exception.--Notwithstanding subsection (a), a unit
owners' association may prohibit a clothesline or drying rack
that poses a safety or fire hazard or impedes proper evacuation
in the case of an emergency.
(d) Construction.--Nothing in this section shall be
construed to supersede the legal authority of the unit owners'
association to adopt and enforce any bylaw, rule or regulation
on any matter other than the provision of solar access
permitting the installation and use of a clothesline or drying
rack.
Section 2. This act shall take effect in 60 days.
Section 1. Title 68 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 3323. Outdoor solar access for drying clothes.
(a) General rule.--Except as provided in the declaration, an
association shall be prohibited from imposing any unreasonable
restriction that prohibits a person who occupies a unit from
outdoor solar access for drying clothes within the boundaries of
a unit or the limited common elements assigned to the unit .
(b) Limitations.--The drying of clothes outdoors shall be
limited to association-approved areas of a unit or the limited
common elements assigned to the unit and shall be out of view
A04258 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
from the front entrances or public areas of the association .
(c) Rules and regulations.--An association may adopt
reasonable rules and regulations detailing the time, place and
manner of the drying of clothes outdoors and prohibit the drying
of clothes outdoors if the drying of clothes poses a safety or
fire hazard, impedes proper evacuation in the case of an
emergency or obstructs the view from, or access to, other units.
(d) Construction.--Nothing in this section shall be
construed to supersede the legal authority of an association to
adopt and enforce any bylaw, rule or regulation on any matter
other than the provision of outdoor solar access for drying
clothes as specified under this section .
§ 4324. Outdoor solar access for drying clothes.
(a) General rule.--Except as provided in the declaration, an
association shall be prohibited from imposing any unreasonable
restriction that prohibits a proprietary lessee with a
possessory interest in a unit from outdoor solar access for
drying clothes within the boundaries of a unit or the limited
common elements assigned to the unit .
(b) Limitations.--The drying of clothes outdoors shall be
limited to association-approved areas of a unit or the limited
common elements assigned to the unit and shall be out of view
from the front entrances or public areas of the association .
(c) Rules and regulations.--An association may adopt
reasonable rules and regulations detailing the time, place and
manner of the drying of clothes outdoors and prohibit the drying
of clothes outdoors if the drying of clothes poses a safety or
fire hazard, impedes proper evacuation in the case of an
emergency or obstructs the view from, or access to, other units.
(d) Construction.--Nothing in this section shall be
A04258 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
construed to supersede the legal authority of an association to
adopt and enforce any bylaw, rule or regulation on any matter
other than the provision of outdoor solar access for drying
clothes as specified under this section .
§ 5323. Outdoor solar access for drying clothes.
(a) General rule.--Except as provided in the declaration, an
association shall be prohibited from imposing any unreasonable
restriction that prohibits a person who occupies a unit from
outdoor solar access for drying clothes within the boundaries of
a unit or the limited common elements assigned to the unit .
(b) Limitations.--The drying of clothes outdoors shall be
limited to association-approved areas of a unit or the limited
common elements assigned to the unit and shall be out of view
from the front entrances or public areas of the association .
(c) Rules and regulations.--An association may adopt
reasonable rules and regulations detailing the time, place and
manner of the drying of clothes outdoors and prohibit the drying
of clothes outdoors if the drying of clothes poses a safety or
fire hazard, impedes proper evacuation in the case of an
emergency or obstructs the view from, or access to, other units.
(d) Construction.--Nothing in this section shall be
construed to supersede the legal authority of an association to
adopt and enforce any bylaw, rule or regulation on any matter
other than the provision of outdoor solar access for drying
clothes as specified under this section .
Section 2. This act shall take effect in 60 days.
A04258 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26