Buried Propane Tanks in HOA

I have a slightly complicated and interesting situation. I am on the architectural committee of a larger HOA in Florida. We just got in an application from one of our homeowners who wants to put in a propane powered generator with a buried propane tank. It appears that the county would grant him the building permit since the building code requires the tank be buried 10 feet from property line and 10 feet from any structure and he has enough room in his backyard. However, our CC&Rs prohibit (we think) any buried tanks. It's a little bit unclear. To make the matter worse, there is one house that had a propane generator and buried tank. This was allowed by the original developer in 2001 because the girl living in the house was on life support and needed electricity at all times. That house changed hands in 2015 and in 2018 when they needed to replace the generator and tank the HOA denied their application. The homeowner has not sued but is protesting, saying that when he bought the house he was promised he could use the generator. The HOA did not promise him anything, however, probably just the real estate agents.

The first set of CC&Rs was filed by the developer in 1999. The HOA was turned over to the homeowners in 2003. The CC&Rs were amended and recorded again in 2009. Here's what our docs say about propane:

No gas tank, gas container or gas cylinder shall be permitted to be placed on or about the outside of any unit or on or about any ancillary building except for one (1) gas cylinder (not to exceed 20 lbs capacity) connected to a barbecue grill.

The master board is saying that language is weak and that we may have to approve the generator and gas tank. Several of the architectural board members are dead set against allowing propane generators.

Any thoughts on this?

I’m maybe missing something ... tank been buried, just being replaced ... why is it an issue? Previously ok?

I’ve had a 1000 gallon propane tank, and at another property, a 500 gallon propane tank, very inconspicuous, but both properties were over an acre.

The engines driven by propane are not much different than gasoline... same sound while running, etc ... just powered by propane.

I agree that the language in the CC&Rs is unclear, and it does not prohibit buried tanks. Since they're allowed by county code, I also think that you'd have to approve the request.

You may want to talk to the HOA's insurance agent just in case there are any hidden gotcha's in your policies, but aside from that I don't see issues.

Since the first house you mentioned was granted approval, there is now an existing variance on the generator and supplementing components. Any denial by the HOA to the owner at their expense to repair, replace or upgrade components could put the HOA at rink of litigation. Since there county code permits in-ground tanks, and there is a precedent in your community for in=ground tanks, there should be no issue to deny their ARC.

Thanks - this was very helpful. In further discussions with master board and architectural board members it turns out that some of them think that propane tanks are dangerous and will blow up and that's one of the reasons they object to any tanks. It also turns out that at least one of the board members wants to allow the application for the new generator/tank because they want to install one on their lot. Our HOA is a mix of condos (could never be installed there), duplexes (maybe depending on the lot size) and single-family homes (some lots big enough). As of today the majority of architectural board members are not opposed to the generator/tank, but we want to see the building permit from the county before we will approve since the county has very specific requirements and we will let them make the decision for us if they reject.

I appreciate all the input and opinions.

Hmmmm ... the second time someone has mentioned natural gas or propane generators being quieter than gasoline.

Given that NG and propane generators are powered by converted gasoline engines, I’m not sure, for an specific given engine, that one fuel us quieter than the other.

Lori,
How did it turn out?

Our community is voting in March and this is part of recent communication from our Board :

As you may already know, external fuel tanks are forbidden by our covenants. As such, amending the covenants to allow external fuel tanks will require xxx owners to vote in favor of the proposal. The board’s position follows.

The Board of Directors is opposed to the proposal to allow external fuel tanks. This is because external fuel tanks, specifically propane (or natural gas) tanks in the community would present a substantial risk to life and property. Our homes are simply too close together to allow for the safe use of such tanks. Propane fuel tanks are specifically addressed below because propane is the primary fuel source for most of the currently available "all house" backup power generators

An email was sent to the community with the following -

" a representative of the Board of Directors met with the city permitting office, as well as a fire department construction inspector to discuss the city’s requirements for installing fuel storage tanks in housing areas. The discussions were based on Florida House Bill 293 changes to Florida Law that were then expected to become effective in July, 2024. Propane storage tanks, in particular, were discussed. The discussions revealed the following:

- A propane storage tank installed underground is much safer in a hurricane than an above ground tank.
o An above ground propane storage tank may separate and present a hazard during high wind or high water events. Either type of separation may result in property damage due to collision, explosion, or fire.

o Above ground propane storage tank installation distance requirements for safety are much greater than for underground tanks. For example, a 250 gallon underground storage tank must be a minimum of 10 feet away from a house wall, 10 feet from any property line, and 10 feet from any setback lines. A 250 gallon above ground tank must be a installed a minimum of 25 feet from a house wall, and 25 feet away from property and setback lines.

o The minimum safety distance requirements for an underground propane storage tank having less than a 125 gallon capacity, are 1 foot from a house wall, 5 feet from any house window, and 5 feet from any source of ignition.

o The hole size required for a 120 gallon tank is 30 inches deep, 30 inches wide, and 6 feet long. The tank must be 1 foot from the house wall, 5 feet from HVAC or other sources of ignition, and 5 feet from any house window.

( some more sizes, etc )

- While House Bill 293 requires Associations to establish hurricane protection specifications, it does not mandate the installation of fuel storage tanks. This is because mandating installation without consideration for local conditions would ignore safety.

- Because the houses in the (community) are so close together, the Board of Directors believes allowing fuel storage tanks would not be safe. However, if Association members choose to allow fuel storage tanks, the Board will draft an amendment to the covenants, and develop a standard to allow installation of underground fuel storage tanks. This, because siting an above ground fuel storage tank on a community lot that is located 25 feet away from all home walls and property/setback lines would be difficult, or impossible, in our community.

What do you as a Board when an owner installs an item outside their unit, that needs board approval, but the owner did not seek approval, but did the installation anyway?

Thank you.