NO GENERATORS AND/OR FUEL TANKS IN HOAs?

An Opinion By Jan Bergemann

President CCFJ, Inc.

Published January 9, 2024

We all know that a hurricane will be hitting Florida. The big question is just: WHEN and WHERE?

That means that we all need to be prepared when a hurricane is hitting our home. One of the first things that's being destroyed is our electricity supply. We have that happened over and over again and it's often not just for days, but sometimes even for weeks. Not only will the food in our refrigerator/freezer be spoiled, but our homes will be hot and humid since hurricanes hit during hot summers and with no electricity there is no air-condition.

Florida is a huge retirement community and especially the elderly will suffer from extreme heat and humidity without air-condition.

You will say: "WHY -- there are generators available to supply the necessary electricity if the regular electricity service fails?"

Good argument, but you obviously forget that there are many homeowners' associations who don't allow generators in the community, even if their CC&Rs are silent in regards to generators and fuel tanks. From noise to dangerous these board members come up with all kinds of excuses to disallow the installation of generators, even in cases where folks with medical problems are in desperate need for uninterrupted electrical service.

This has to change! Our seniors deserve to live in their homes even if the regular electrical service fails. The health of homeowners is definitely more important than the petty concerns of some board members making rules without the backing of the original governing documents.

A simple bill can quickly change that and we hope that our legislators recognize the necessity to enact this bill. We urge our legislators to please add this proposal to one of the existing HOA bills so homeowners can protect their health and their welfare before the next hurricane hits Florida.

720.3035(6) INSTALLATION OF GENERATORS AND FUEL TANKS

The Florida Legislature acknowledges that The State of Florida is subject to tropical storms and hurricanes. When a storm strikes any area of our state, there is always a likelihood that homeowners will lose power for a significant period of time. This results in making living difficult and dangerous as storms of this nature typically strike in the hottest months of the year and the loss of air conditioning may be detrimental to the health of the residents of this state. Furthermore, loss of power also means the loss of the residents of this state to stay informed of safety measures and warnings being promulgated by officials in the state, county or local municipality. Therefore:

1. No covenant, restriction, bylaw, rule or requirement of an association shall prohibit a homeowner from installing a permanent hard-wired generator with either buried gas tanks or above ground gas tanks.

2. If an owner desires to install a permanent hard-wired generator, the installation of such a permanent hard-wired generator with either buried gas tanks or above ground gas tanks is subject to the following provisions:

(a) The installation may not cause irreparable damage to the homeowner association property.

(b) The owner shall be liable for the cost of the installation and operation, maintenance, and repair, including, but not limited to, hazard and liability insurance.

(c) If the owner or his or her successor decides there is no longer a need for the generator and fuel tanks, such person is responsible for the cost of removal. The association may enforce payment of such costs under s. 720.3085.

(d) The lot owner installing, maintaining, or removing the generator and fuel tanks is responsible for complying with all federal, state, or local laws and regulations applicable to such installation, maintenance, or removal.

3. The association may require the lot owner to:

a. Comply with bona fide safety requirements, consistent with applicable building codes or recognized safety standards, for the protection of persons and property.

b. Comply with reasonable architectural standards adopted by the association that govern the dimensions, placement, or external appearance of the tanks and generator provided that such standards may not prohibit the installation of such generator and fuel tanks or substantially increase the cost thereof.

c. Engage the services of a licensed and registered firm familiar with the installation or removal and core requirements of a generator and fuel tanks;

d. Provide a certificate of insurance naming the association as an additional insured on the owner’s insurance policy for any claim related to the installation, maintenance, or use of the generator or fuel tanks within 14 days after receiving the association’s approval to install such generator and fuel tanks or notice to provide such a certificate.

e. Reimburse the association for the actual cost of any increased insurance premium amount attributable to the installation of a generator and fuel tanks within 14 days after receiving the association’s insurance premium invoice.

4. The association provides an implied easement across the common elements of the association property to the lot owner for purposes of installing or maintaining their generator and fuel tanks, including any necessary equipment, to such generator and fuel tanks, subject to the requirements of this subsection.

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