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RobertL19 (New York)
Posts: 3
Posted:
Hi all,

I am a commercial insurance broker and I have assisted our BOD with reading the policies and explaining the loss runs in the past. I never tried to be the broker as I felt it could create a conflict of interest.

Yesterday I had a late start to work, left the door open and my dog scooted out and ran behind the neighboring building and under a deck. (my court has 3 5 unit buildings)As I grabbed the pooch I noticed a large gas/electric generator, 2 full 6 gallon gasoline containers and about 100ft of heavy duty electrical cord on the deck and pushed up against the building. This did not sit well with me as I went to work.

Last night I discussed what I saw with my wife. She said that I should be quiet because we are not friendly with the unit owners and I did not belong behind their unit snooping. She's right we do not get along but that does not change the fact of what I saw and know is there. I know the wording in the insurance and there is no inclusion of gasoline storage. What if there is a fire and the gas accelerates it? What about the 4 neighboring unit owners and their safety?

My question is should I report my findings to the board even though I should not have been there or should I just call the Fire Marshall? Or should I listen to my wife?

Thanks
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Listen to wife... Need any more questions answered?

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
You observed what could be a very dangerous situation. I would notify the association.

While we claim we do not accept unsigned complaints, you can bet your bottom dollar we read them and look at some. This is one I would want looked at.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Gasoline isn't as "flammable" as one thinks it is. Watch an episode of "mythbusters". They tried to light gasoline a few times without success. Throwing a match in a gas tank of a car would not necessarily blow a car up. Movie magic tends to add a little extra explosives...

Anyways, you can always call the fire marshal. Who should be the one responding. However, I caution this strongly... Only do so if it will NOT cause a fine or damage to the HOA. Meaning if you call this in and the violation is the HOA's responsibility you are ALL going to pay. The fire marshal won't just limit the fine that one person if the property is the responsibility of the HOA. The HOA may want to address the issue to the individual instead if that is the case. You know about insurance so you should know which way that falls.

It may be a good time for a fire inspection if so required. Nothing wrong with asking the local fire chief to come over as an announced visit to say we just want to check things out overall. They may do an inspection if you ask to make sure things are in compliance and for you all to have a chance to straighten up. If you do this for everyone, the one person may not feel singled out. Just an overall health check. Hopefully, they won't fine you for what they find later...

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Whoa, Robert--I do think SOMEone needs to be notified! How would you (and your wife) feel if the worst happened because you two remained mute? Perhaps I'm overreacting, but this sounds like a very, very serious issue!
AmandaR2 (South Carolina)
Posts: 566
Posted:
Had to think about what I'd do if I were you for a bit. You said your relationship with this neighbor is strained but despite that fact I'd mention the issue to this neighbor before going to anyone else. I couldn't ignore it simply because it's a safety issue and if an accident did occur I'd always have that in the back of my mind (that I knew about it and did nothing). I'd probably just tell this neighbor the truth, you were trying to catch your dog and it's not like your were going out of your way looking to pick on him but you noticed it and felt the right thing to do was speak to him directly about your concerns. Hopefully even if he doesn't care for you he'll appreciate the fact that you didn't run to the authorities and are giving him the opportunity to correct the situation. Who know's maybe your relationship will get better, because you didn't do it behind his back.

ps. If he didn't fix the danger then, I'd do whatever necessary to eliminate it. I would not ignore the danger.
AmandaR2 (South Carolina)
Posts: 566
Posted:
We are of like thinking Kerry on this one our threads crossed.
JonD1
Posts: 2,350
Posted:
Robert

I also live in NY. And understanding how people can be here I would avoid contactng the unit owner with the gas. Might become a problem. You are not the neighborhood safety officer.

Going to the HOA might result in waiting for an act of God for them to move. Don't know how proactive they might be. Some boards would have to first read through the by-laws, take a vote, read through the state guidelines searching for guidance, then take a vote, perhaps run this by the HOA attorney, then take a vote, or perhaps send out a notice to the owners for a special meeting to discuss the issue just to play it safe. Perhaps 3-5 years before some board act.

AND........ going to the board might result in the neighbor being informed who blew the whistle. Which you might wish to avoid.

And while gas in a can requires a mixture of air and gas to ignite 12 gallons is quite a bit of fuel to cause quite a fire and boom! Perhaps a hot generator exhaust, perhaps a spark from the electirc cord you just never know.

So here's my advice.....understanding I have just 28 years serving on our board and live in a condo style housing community which some beleive limits common sense.

Make an anonoymous report to the fire marshal. Here the fine if any would be placed on the unuit owner not the HOA. Either call from work and don't give your name as sometimes cops and firemen lack the brains to keep things private. You just never know.

But someone should address this before your community makes the 6:00 news. Last year workman using a torch in Jersey caused a fire that burnt the whole community down. It happens. Gas should not be stored on the property in a residential community in that quantity in the open.

Good luck.

AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By JonD1 on 03/24/2015 1:55 PM
Robert

So here's my advice.....understanding I have just 28 years serving on our board and live in a condo style housing community which some beleive limits common sense.


I hope nothing I ever said you would perceive and insinuating you don't have common sense. If it did I apologize for it. While I don't always agree with your comments I think your a smart cookie (not always nice but smart).
JonD1
Posts: 2,350
Posted:
Quote:
Posted By AmandaR2 on 03/24/2015 2:21 PM
Posted By JonD1 on 03/24/2015 1:55 PM
Robert

So here's my advice.....understanding I have just 28 years serving on our board and live in a condo style housing community which some beleive limits common sense.



I hope nothing I ever said you would perceive and insinuating you don't have common sense. If it did I apologize for it. While I don't always agree with your comments I think your a smart cookie (not always nice but smart).

Amanda you must have me confused with someone who cares what it is you think.

Most of your posts are valueless, regurgitated nonsense at best.

Just when is that free time ending? Hopefully soon....

AmandaR2 (South Carolina)
Posts: 566
Posted:
Must have meant that dig for some other lucky recipient of your "affection". I feel sooooo rejected .
AmandaR2 (South Carolina)
Posts: 566
Posted:
RobertL,

I still think if you do an anonymous call your neighbor will most likely figure it was you since you already don't get along. I can understand your wife's concern, not wanting things escalate. It's stressful not getting along with someone living so close.

If it were you wouldn't you want a neighbor to mention it first straight to your face. I'm sure you can present it in a friendly manner and point out that you didn't want to get him in any trouble.

ps. Melissa's idea of an inspection for everyone would solve the dilemma if you could get it to happen that way.

Is your neighbor that scary and unapproachable?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Robert,

I once tried to get the fire marshal to look into a hoarding situation. They gave me the old song-and-dance that they cannot enter a residence. Even though the gasoline you saw is stored outside I doubt the fire marshal will be too quick to act if he cannot see the gas cans himself from a public area. Even then, he may still resist since it is residential property. Sorry to sound so negative but I have had too many experiences with public employees who seem to have their own private agendas and doing the job they were hired to do is seldom on their to-do list.

Jon's opinion of the average board is actually slightly better than my own. He says 3-5 years to get them to act; I would say it's more like when hell freezes over.

No pun intended, but you may want to light a fire to get some action. You could send an anonymous note to each nearby homeowner informing them of the problem. Include the home phone numbers of each of the board members.

BTW, it always seems that members of this forum are far too quick to try to solve a problem by finding a rule to enforce with fines and legal action than to simply resolve the problem. Removing the gas cans from the site should solve this problem.

Another avenue to explore: you indicated that you are a broker - but not your association's agent - and you apparently are aware of who the broker and insurance company are. Drop a dime and contact your colleagues. They have an interest in avoiding a multi-million dollar claim.

NpS (Pennsylvania)
Posts: 4,216
Posted:
From local CAI webblog at

http://www.cai-padelval.org/blog/2014/02/14/should-associations-permit-gas-generators-in-units

"In the wake of severe power outages that struck southeastern Pennsylvania after the great ice storm of 2014, CAI received the following information on a very timely topic - the use of gas generators in condominium units.

Unit owners are asking about purchasing gas generators for their units. What information do you have to help boards make a wise decision regarding the use of these units in community associations? Can you provide information about the use of gas generators by unit above the first floor?

Response:

This has been a popular topic in recent years. In-fact, I addressed the issue in my association a of couple years ago.

Essentially, the board cannot restrict an owner from taking reasonable measures to safeguard their property that comply with the association’s rules and regulations and local ordinances.

You can regulate permanent installations from an aesthetics perspective unless the installation is on a common area. This is a whole different topic.

In my association, we followed our landscaping guidelines for concealing satellite dishes and added the following guidance:

Must be installed on the side or rear of the house
Ambient noise levels must conform to Township Noise Ordinance
Concealed with landscaping as much as possible without obstructing required ventilation spaces for generator
Professionally installed with all applicable Township permits
Portable generators are no different than a lawn mower or snow blower except they typically operate longer. Fire codes do not permit the use of a gasoline powered generator on a balcony – this is a significant fire hazard especially in a frame building. The association must prohibit this because of the fire and life safety risk to all units in the building. Fire codes also limit the amount of gasoline a resident may store to 10 gallons. Gasoline cannot be stored inside the living area, basement or on a balcony however they may store up to 10 gallons in their garage..

So I would recommend that you advise your associations to restrict portable generators to grade level and far enough away from openings to prevent CO Poisoning.

You also have the potential for CO Poisoning if exhaust fumes accumulate in the attic (above the balcony) and penetrate the living space."

Sikubali jukumu. Read all posts at your own risk.
BobD4 (up north)
Posts: 1,002
Posted:
< Amanda you must have me confused with someone who cares what it is you think. Most of your posts are valueless, regurgitated nonsense at best. Just when is that free time ending? Hopefully soon.... >

again, personal attacks poison the well.
AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By BobD4 on 03/25/2015 7:31 AM
< Amanda you must have me confused with someone who cares what it is you think. Most of your posts are valueless, regurgitated nonsense at best. Just when is that free time ending? Hopefully soon.... >

again, personal attacks poison the well.

Bob, Your statement is true but I think your wasting your time. Unfortunately these personal attacks seem to be allowed to take place on a regular basis for a very long time.
AmandaR2 (South Carolina)
Posts: 566
Posted:
Tim recently explained how to check another persons History it was very easy to see who are the posters that have been doing this on a regular basis.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
Quote:
Posted By AmandaR2 on 03/25/2015 7:38 AM
Posted By BobD4 on 03/25/2015 7:31 AM
< Amanda you must have me confused with someone who cares what it is you think. Most of your posts are valueless, regurgitated nonsense at best. Just when is that free time ending? Hopefully soon.... >

again, personal attacks poison the well.


Bob, Your statement is true but I think your wasting your time. Unfortunately these personal attacks seem to be allowed to take place on a regular basis for a very long time.

It would only be a personal attack if untrue.
AmandaR2 (South Carolina)
Posts: 566
Posted:
John, You should be very proud of yourself.
KerryL1 (California)
Posts: 14,550
Posted:
NpS, your PA CAI citation is very useful and I'm happy to tell you so to get this thread back on topic. Here in our steel & concrete high rise, we may not store anything like propane on our balconies (thus the Fire marshall's restriction against gas grills) nor in our personal storage lockers or parking spaces in our underground garages.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By KerryL1 on 03/25/2015 10:06 AM
NpS, your PA CAI citation is very useful and I'm happy to tell you so to get this thread back on topic. Here in our steel & concrete high rise, we may not store anything like propane on our balconies (thus the Fire marshall's restriction against gas grills) nor in our personal storage lockers or parking spaces in our underground garages.


With you all the way Kerry. Glad it was helpful.

Sikubali jukumu. Read all posts at your own risk.
RobertL19 (New York)
Posts: 3
Posted:
Here is a follow up:

I was not going to contact the unit owner as we do not get along and it would not go well. I also did not contact the board, agreeing with many that it would become a drawn out process at best.

I did contact my other neighbor(Tom) who lives next door to the unit owner. Tom was very concerned with the gasoline and told me he would handle it. Yesterday Tom and I spoke by the mailbox and he said not to mention the gas cans to anyone. I asked why? Tom said in the middle of the night he took the said gas cans and disposed of them at the local gas station. I had no idea he would do that.

It was not the Ideal outcome but the gas cans are removed for now.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By RobertL19 on 04/07/2015 7:58 AM
Here is a follow up:

I was not going to contact the unit owner as we do not get along and it would not go well. I also did not contact the board, agreeing with many that it would become a drawn out process at best.

I did contact my other neighbor(Tom) who lives next door to the unit owner. Tom was very concerned with the gasoline and told me he would handle it. Yesterday Tom and I spoke by the mailbox and he said not to mention the gas cans to anyone. I asked why? Tom said in the middle of the night he took the said gas cans and disposed of them at the local gas station. I had no idea he would do that.

It was not the Ideal outcome but the gas cans are removed for now.

Tom's a jerk
TimB4 (Tennessee)
Posts: 21,059
Posted:
I sure hope Tom is an alias. If the neighbor ever logs onto this site, they will now know what happened.
RobertL19 (New York)
Posts: 3
Posted:
Tom is not his real name
JonD1
Posts: 2,350
Posted:
It was not Tom's job to solve the issue.

What he did was idiotic and criminal.

In my view this matter has been handled quite poorly. Of the options offered.

And I am quite sure there are other gas cans available so you accomplished nothing long term and the actions taken are indefensible.

Best to think things through before you act if not you might end up with a large pile of ____________.

JohnB26 (South Carolina)
Posts: 1,001
Posted:
Quote:
Posted By AmandaR2 on 03/25/2015 9:25 AM
John, You should be very proud of yourself.

I am.

I take great pride in my THOUGHT OUT written words.

They are factual to the best of my knowledge unless SPECIFICALLY preceded by 'IMO'.


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