Most townhouse owners have a clothesline in their courtyard or private yard — and most schemes don't think twice about it. The general rule: a clothesline inside your lot is yours; a common clothesline shared between lots is the OC's. Any by-law restricting clotheslines has to be valid — a by-law must not be harsh, unconscionable or oppressive (s139).
Typical position
Usually owner
- Clothesline in your courtyard
- Replacement when worn or broken
- Folding clotheslines and portable airers
- Damage caused by your activity
Usually OC
- Common clothesline area (rare in townhouses, common in older flats)
- Common drying poles or rotary lines on common property
- Mounting brackets on common walls
Often grey
- A wall-mounted clothesline fixed to a common-property wall
- An older built-in clothesline you've inherited
- Common clotheslines being neglected — when does the OC step in?
⚠ Townhouse advantage
Townhouse schemes are well set up for clotheslines — most owners have a private courtyard or rear yard where the line is out of sight and not affecting anyone else. Apartment buildings often have strict by-laws about visible clothes drying because lines on balconies can be seen from outside.
Any by-law that restricts clotheslines has to be valid. A by-law must not be harsh, unconscionable or oppressive (s139), and the Court of Appeal has held that a by-law restricting what owners can do needs a rational connection to protecting other occupants' use and enjoyment (Cooper [2020] NSWCA 250, a pet case). Whether a particular clothesline restriction passes that test depends on its wording.
Grey areas
Wall-mounted clotheslines on common walls
If your clothesline is bolted to a common-property wall (typical for fold-away wall lines), strictly it touches common property and may need OC approval. In practice, OCs rarely object — but if you're putting up a new one, raise it with the strata manager first as a courtesy.
Visible drying from the street
If your clothesline is inside your courtyard and not visible from public areas, the OC is unlikely to have any concern. If your courtyard is open to the street view, some schemes have aesthetic by-laws that limit visible items — but these have to be valid (see above). A reasonable condition, such as using it behind a screen, is more likely to stand than a blanket ban.
Common clothesline areas
A small number of older townhouse schemes have a shared clothesline area — a poled line in a common garden, for example. These are common property and the OC maintains them. They're rare and usually outdated. If the scheme is replacing one, consider whether it's still needed.
By-laws must be valid
A by-law must not be harsh, unconscionable or oppressive (s139 of the Strata Schemes Management Act 2015), and NCAT can declare an invalid by-law invalid (s150). If your scheme's by-laws restrict clotheslines and you think the restriction goes too far, ask us to look at the wording before you act.
Sources
Strata Schemes Development Act 2015 (NSW), s4 (definition of common property) and s6 (lot boundaries).
Strata Schemes Management Act 2015 (NSW), s106 (duty to repair common property), s139 (by-laws must not be harsh, unconscionable or oppressive), s150 (NCAT can declare a by-law invalid).
Cooper v The Owners — Strata Plan No 58068 [2020] NSWCA 250 — a by-law restricting what owners can do needs a rational connection to protecting other occupants' use and enjoyment (decided on a pet ban).
NSW Fair Trading — Strata living and dispute resolution guidance.