Standby Generators

Started by JamesE12 • 9 replies • 3269 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JamesE12 (North Carolina)
Posts: 8

Posted:

The recent multi-day power outage due to Hurricane Irma has inspired me to look into a natural gas powered standby generator. The only thing I'm uncertain of is whether or not my HOA (Brevard County, Fl) can prohibit its installation and use (contingency only of course). It's my understanding that they cannot prohibit the installation of solar power, so I'm hoping the same is true for standby generators.

I don't think noise would be a valid reason as the neighborhood echoed with the sound of generators.

JamesE12 (North Carolina)
Posts: 8

Posted:

It should be noted that I live in a single family home and not a condo/apartment/duplex, etc.

SheliaH (Indiana)
Posts: 6,964

Posted:

You won't know what the board will or won't do unless and until you read your documents to see what they say. If they aren't clear or the subject isn't addressed, why not go to a board meeting and ASDK THEM- if you need to submit an exterior change request, do it, and provide as much information as possible. Same approach as to what I suggested in your other post on impact resistant windows.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DouglasK1 (Florida)
Posts: 2,046

Posted:

I don't see how the Florida renewable energy law that applies to solar collectors would be applicable to generators.

Escaped former treasurer and director of a self managed association.

JamesE12 (North Carolina)
Posts: 8

Posted:

What I meant on that was the HOA cannot outright prohibit solar collectors so I was wondering if the same was applicable to a permanent standby generator.

JamesE12 (North Carolina)
Posts: 8

Posted:

Did some digging and found this little bit on generators in our HOA rules:

2010-13. INSTALLATION OF PERMANENT GENERATORS
All permanent generators shall be approved by the ACRC provided they comply with the following
conditions:
1. A required City permit must be obtained prior to submission of an ACRC application and a copy
attached to the ACRC application.
2. Installation of the generator must be in compliance with any requirements of the City of West
Melbourne or Brevard County.
3. The generator shall not be placed in an easement, and shall conform to any side or rear setback as
required by the City of West Melbourne or Brevard County.
4. The generator must be three feet from the structure and the exhaust must be five feet from any door,
window or air intake opening.
5. The generator shall be installed on a concrete pad, stone, or similar material
type of pad approved by the ACRC and as may be required by any government entity.
The generator shall only be used in emergency situations such as power outages, except the generator may
be used periodically in accordance with the manufactures recommendation for proper operation and maintenance
between the hours of 10:00 a.m. and 4:00 p.m. only.
Approved by the ACRC as Criteria on June 11, 2009); adopted as an RR by the Board May 10, 2010.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By JamesE12 on 09/22/2017 6:49 AM
What I meant on that was the HOA cannot outright prohibit solar collectors so I was wondering if the same was applicable to a permanent standby generator.

The law that allows solar is FS 163.04, here is a relevant passage:
Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.

I don't see how this could be construed to apply to a generator.

Escaped former treasurer and director of a self managed association.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Well, you found your answers.

I do not think natural gas is considered a renewable energy source.

Per Definitions.net [emphasis added]

Renewable resource

A renewable resource is a natural resource which can replenish with the passage of time, either through biological reproduction or other naturally recurring processes. Renewable resources are a part of Earth's natural environment and the largest components of its ecosphere. A positive life cycle assessment is a key indicator of a resource's sustainability. In 1962, Paul Alfred Weiss defined Renewable Resources as: "The total range of living organisms providing man with food, fibers, drugs, etc...". Renewable resources may be the source of power for renewable energy. However, if the rate at which the renewable resource is consumed exceeds its renewal rate, renewal and sustainability will not be ensured. The term renewable resource also describes systems like sustainable agriculture and water resources. Sustainable harvesting of renewable resources can reduce air pollution, soil contamination, habitat destruction and land degradation. Gasoline, coal, natural gas, diesel and other commodities derived from fossil fuels, as well as minerals like copper and others, are non-renewable resources without a sustainable yield.

JamesE12 (North Carolina)
Posts: 8

Posted:

Quote:

Posted By DouglasK1 on 09/22/2017 7:16 AM

Posted By JamesE12 on 09/22/2017 6:49 AM
What I meant on that was the HOA cannot outright prohibit solar collectors so I was wondering if the same was applicable to a permanent standby generator.

I believe you're misinterpreting what I'm saying. If there is a statute blocking the outright prohibition of solar collectors, perhaps there is an equivalent one for permanently installed generators.

I was never suggesting that the solar statutes were applicable to generators.

TimB4 (Tennessee)
Posts: 21,059

Posted:

With James post count at zero, I expect that he has resigned from the forum.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here