Generator removal leads to one widow's fight

                             

Article Courtesy of The TCPalm

By Geoff Oldfather

Published March 25, 2007

   

Fran Simonds' husband Glenn wasn't in his grave two months before they came after her over the backup generator.

 

The Simondses had the generator installed at their Florida Club home as Glenn became progressively sicker from ALS, a terminal neural condition also known as Lou Gehrig's disease.

   

He relied on a breathing aid and medications that had to stay refrigerated, so reliable backup power during a hurricane or other emergency was a matter of life and death.

The homeowner's association board of directors objected — even though Simonds said the bylaws don't address backup generators.

Can't have that brown box in the back make things look bad for the rest of us, can we? Noisy? The neighbor's pool heater was louder.

Didn't matter. The Simondses had to get doctor's letters and drag the Americans With Disabilities Act and threats of legal action into the mess just to get it installed, which they did last June.

"There wasn't anything they could do at that point," said Fran Simonds.

Robert Kunze, left, a service technician with U.S. Generator, disconnects the wiring from Fran Simond's backup generator recently while Simonds and two other company technicians, Paul Dutse and Mike Hunt, look on.

Glenn Simonds, 75, died Nov. 8.

Fran Simonds, 62, got the letter Jan. 16, a day after it was written.

It said, in effect, sorry your husband's dead, now get rid of the generator.

"One of the board members had even said in front of both of us that as soon as Glenn didn't need it any more, in other words, as soon as he was dead, they'd make me take it out," Simonds said.

She's had it removed, but she's going to fight this and she's looking for allies, people in hers or other HOAs who might share her issue.

When you think about what's at stake for seriously ill or disabled persons, this whole thing doesn't make much sense.

Simonds said the board of directors is relying on a provision in the bylaws about "on-site fuel storage." Simonds' 16-kilowatt generator (small for a standby generator) runs on propane from an underground propane tank.

The bylaws allow underground propane tanks. So what's the problem?

It only allows them for "storage of heating fuel for dwellings, pools, gas grills and similar equipment."

Because a backup generator isn't listed, the board apparently decided it's not allowed.

I'd like to know why the board took this stand, but none of the four board members I called returned my messages.

"I'm able-bodied. Now that Glenn's gone, I really don't need the generator because as long as my car's in the driveway with a full tank of gas and that back gate works I can get out of here and get away from a storm," Simonds said.

"But I know for a fact there are other people here who can't do that," Simonds said.

Simonds said the bylaws allow storage of no more than five gallons of gas for emergency purposes and apparently small portable generators are allowed, "but how long will five gallons run a generator?" Simonds said.

She asked the board about amending the bylaws "but they told me it would be impossible to get 66 percent of the owners in here to go along," Simonds said.

"I think it's ridiculous. I want to fight this and eventually I want my generator back," Simonds said.

 

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