adding a new purpose and area designation for the Common Elements

Check with your insurance carrier first before you get carried away. Then check with your planning dept. and fire marshall.

Don't your governing documents tell you how items may be added to the common areas? In our HOA, the board must approve additions to any common area. But it doesn't take a vote of the Owners. This is in our CC&Rs and in our Rules & Regs.

What is this space currently used for?

As with all high rises in my urban area, we have two large gas grills built-in on a granite counter top. The grills plus counter are about 8' X 10', I'd say. We're about to replace these original 2001 grills and they will cost $4,000 each. You need to run gas. You need to pour a slab, I think. When we get our new grills, we're strongly thinking about getting a sink too at owners' request. The Board hasn't yet checked on running water to the new counter.

We have a couple of tables that seat 4 in this area.

A lot to think about before even considering rules for use.

I think this is a great idea. As others have suggested, it's also a good idea to check with the fire marshal and your insurance company first. The fire marshal could provide suggestions on where the grills should be placed and your insurance company could assist you in establishing some rules to reduce the risk of damage.

I would think you wouldn't need homeowner approval to build this, but check your document. To ensure buy-in, why not poll the homeowners and see if they even want this. They might provide more suggestions on policy.

Kerry said her association provides two gas grills, and if you did the same, your budget will have to factor in replacement and maintenance costs (because some people WILL NOT clean the grill or empty the ashes properly!) Thinking out loud, I might build some sort of grilling gazebo (basically, they protect the grill and cook from rain and the roof is high enough not to be burned up) atop a cement slab and have a few trashcans available for dumping cold ashes. That would be the extent of what the association would provide, but if you want to provide the grill, you could get one or two of those grills used in city parks (they all use charcoal and homeowners would have to provide their own).

Some rules you might consider:

DO NOT leave the grill unattended
You must use your own grill and do not put it on the sidewalk, grass, etc.
You must provide a fire extinguisher (the association doesn't have to provide this, people can buy a small one from the hardware store)
Do not dump hot ashes in the trash can

A little more background - here is our current policy:

No one can grill using any open flame equipment on their decks or patios because they are too small and doing so would violate IFC code and City Code. No unit/owner has a back yard. All the yards off the patios are common element spaces. What the Board has allowed up to now is that anyone can grill using open flame equipment on the Common Element as long as the grill is 10 feet away from our wooden buildings. I personally believe this is a very poor policy and an unwise one as well, for all liability on the Common Elements falls on the HOA. Any accident/injury/fire which could result falls on the HOA and not the owner.

Grilling on decks and patios using specific size propane gas grills is acceptable, as well as electric grills. No other grilling is allowed.

There are some owners/board members who would like to find a way for the HOA to allow open flame grilling on Common Elements - either off their units as has been done or thru designation of a particular area. I agree with others who have mentioned insurance being a key component to this. Would our insurance company approve of the Assoc. allowing any/all owners use of Common Element for open flame grilling? Might they approve but with an increase in premium? If our insurance premium were to increase adding to the cost of dues wouldn't it be wise to ask all homeowners to weigh in before approval?

Since we are trying to get these R and R's revised and to the Board next week for consideration I have proposed we develop rule and guideline for grilling only on the patios/decks for now, and prohibit anyone from grilling on Common Elements until we have thoroughly examined insurance and City code issues. We can add a new policy later if full membership decides a specific space on the common elements is wanted for other types of grilling than what can be done on their decks, knows the potential for liability and are ok with a dues increase should our insurance demand it.

Basic question - Would you allow open flame grilling on your Common elements by any/all owners? With or w/o having asked your insurance company?

I wouldn't have them in the area on a permanent basis either - sorry if I wasn't clear. They would have to cart the thing to the grilling gazebo, a responsible adult would have to be supervising its use at all times and when finished, cart the thing back home. That's also why I suggested the BBQ grills used in city or state parks (the ones set on a pole). They're not very large and you can use portable grates with them along with your own charcoal.

I did as some advised and contacted our local fire marshal who indicated he could see no violations to any code for our HOA to consider allowing grilling anywhere on the common elements. I asked if he would give me some sound guidelines for safety and he did. Keep the grills 10 feet away from pretty much anything, not just buildings but grasses, shrubs, any combustibles and best to grill on concrete, never leave unattended and dispose of coals properly along with some others.
I passed this on to the rest of the committee - with one preferring to allow owners to still grill on the lawns in the back of the units who have lawns - which are common elements.
Our property manager is looking into the insurance aspect and hopefully will report back.

My personal feeling is it's wisest for the assoc. to not take on a potential liability issue should an accident causing property damage or injury happen. I think this exposes us to unnecessary risk and it's just another thing that someone will need to enforce and am more concerned with these 2 issues than disappointing a few owners who wish to BBQ in the backyard. Ultimately it will be the Boards decision.

Fire Marshal says 2.5 ilb. propane grills are ok on our decks and patios only, or electric grills. Most of the HOA's around us no longer allow them, a fact our property manager passed on.

We do not have a pool area or a picnic area. Just units and open common elements. I also asked about red flag days or high fire danger days which we have here frequently - he said it would be ok to use charcoal grills on those days as well. But like I mentioned, he did provide advise on what grills should be set upon - concrete - such as our driveways and to keep them 10 feet away from pretty much most objects. Should we elect to allow them to be used on driveways I would ask they be 10 feet away from any vehicle as well. Some people just wish to be able to use their charcoal grills. For me, it's weighing that against HOA liabilities should an accident happen.