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A GENERATOR BILL
THAT IS LONG OVER DUE
By
Eric Glazer, Esq.
Published January 22, 2024
I live in a
great HOA. By great, I mean you would never know there was an
HOA. It’s very hands off and it certainly seems like the owners
in the community keep their houses well kept.
One of the
things I was allowed to do several years ago was install an
underground 500 gallon propane tank in my front yard and an
electric generator in my back yard. I simply got tired of losing
electricity during and after a storm.
It’s actually
hard to believe that there is no law in our Florida HOAs that
would allow a home owner to install their own electrical
generator with above ground or below ground gas tanks. Here we
are, living in Florida with sometimes unbearable heat and
humidity, we have a large elderly population, hurricanes
generally hit in the hottest parts of the year, and yet there is
no right to install an electric generator in your home. I can
tell you that some HOAs simply won’t allow it, no matter what.
I have been
asked by Jan Bergemann from Cyber Citizens for Justice to draft
a bill that The Florida Legislature can hopefully enact. Since
our law firm drafted the bill that allows owners of electric
vehicles to install a charging station in their parking spot, I
modeled the electric generator statute after that. Let me know
what you think:
720.3035(6) INSTALLATION OF GENERATORS AND FUEL TANKS
The Florida Legislature acknowledges that The State of Florida
is subject 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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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric
has been the host of Condo Craze and HOAs, a weekly one-hour
radio show airing at 11 a.m. each Sunday on 850 WFTL. Recently,
he moved the show to YouTube, transforming it into a more
dynamic and interactive experience. This move not only allows
viewers to engage in live chats with Eric and other participants
but also enables a broader audience to access free advice,
making valuable insights more widely available.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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