Installing Permanent Generators

Are you in an HOA with single family houses on privately owned lots, or in a condo association with multi-unit buildings? I assume that you're in condos since you referred to limited common areas, but please correct me if that's wrong.

What kind of fuel do you envision these generators using? Natural gas fed from a line? Propane fed from a tank? Gasoline?

Things are going to vary by state and local ordinances, but here are the issues in my condo community:

* Fuel sources other than a natural gas line would violate state fire codes.

* Natural gas may require digging up common area and putting things back together afterwards - assuming the build had natural gas to start with. (Half of our buildings are electric only.)

* Venting will be an issue. Around here permanent generators have to be installed several feet away from the building, which means they could not be installed on patios.

* The noise would violate our nuisance restriction, although during a natural disaster the board would let something like this go as long as all other things were OK.

* The generators would change our insurance requirements, which would violate some other provisions in our CC&Rs.

* Concerns about the effect on the buildings' wiring when generators kick on and off - especially if there are multiple generators coming on during a power outage. I'm not sure our wiring would accommodate this, and our buildings are less than 20 years old.

So we'd be a solid "no" here. But you may be dealing with different circumstances and local ordinances, and our "no" may be a "yes" for you.

Thank you for your thoughtful response. This is helpful We are in condominiums comprised of 6 buildings. The generators would run on natural gas. If we were to "allow" generators, the unit owner desiring the generator would have to complete a Limited Common Area agreement which would require approval from abutting neighbors. In the case of an end unit, that would only mean one neighbor.

Contact your local fire marshal. There may be restrictions. Plus I would never allow a homeowner to install. I would make sure they have a licensed and insured professional.

Also there may be better options out there like solar power. Which may be an option a neighbor may want.

If you mean taking a vote on a proposed amendment to the declaration, changing the common area and/or limited common area and possibly other relevant details of the Declaration pertaining to a generator, then okay.

Just do not think that owners can lawfully make decisions that, per statutes, the bylaws and Declaration are reserved exclusively to the board.

Per statutes, the bylaws and declaration, owners' decision-making power on specific aspects of running a condominium are always highly limited. The one glaring exception being that owners can always recall and/or elect new directors.

Thx for the citation. It appears to me that MGL 183A, Section 5 (b) (2) (ii) is relevant:

The organization of unit owners, acting by and through its governing body, shall have the power and authority, as attorney in fact on behalf of all unit owners from time to time owning units in the condominium, except as provided in this subsection, to:
...
(ii) Grant to or designate for any unit owner the right to use, whether exclusively or in common with other unit owners, any limited common area and facility, whether or not provided for in the master deed, upon such terms as deemed appropriate by the governing body of the organization of unit owners; provided, however, that consent has been obtained from (a) all owners and first mortgagees of units shown on the recorded condominium plans as immediately adjoining the limited common area or facility so designated and (b) 51 per cent of the number of all mortgagees holding first mortgages on units within the condominium who have given notice of their desire to be notified thereof as provided in subsection (5) of section 4. In such case as the limited common area or facility shall directly and substantially impede access to any unit, the consent of the unit owner of such unit and its first mortgagee, if such mortgagee has requested notice as aforesaid, shall also be required. Such grant or designation, and the acceptance thereof, shall be effective 30 days following the recording, within the chain of title of the master deed or of the declaration of trust or by-laws, of an instrument duly executed by the governing body of the organization of unit owners and the grantee or designee and his mortgagees, which instrument shall accurately designate, depict and describe the area affected and the rights granted and designated, and shall recite compliance with the requirements of this subsection. Such grant or designation shall be considered an appurtenance to the subject unit and shall be deemed to be conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.

So signs are strong that the COA needs to contact at least some lenders. (I bet you are aware of this section, but this forum is the extra set of eyes to help those who post here get to the best solutions possible.)

I am curious: How often has the power gone off in the last two years, and for how long?

Are you folks near the coast?

Can you talk about the overall engineering a bit? E.g. what all are contractors going to have to cut into to tie the generator power lines into the unit's breaker box (I presume)?

As weather patterns worsen, generator requests are becoming more common. Flexibility (to the extent the governing docs and statutes allow) is appropriate IMO. Regarding the nuisance of noise: On the one hand, I think you all are wise to be considering this. On the other hand, I think we are talking about a state of emergency here. Lack of sleep due to noisy generators may very well be the least of people's concerns. Keeping medicines and food cold, or oxygen machines and the like running, would have priority. Pretty good ear plugs are available. In a deep, extended emergency (never ever say never), fuel is going to be hard to come by so generator operation may not last that long anyway.

I do think people need to accept things like this as the "new normal." Yes, follow the law and governing documents, but IMO all owners and boards should keep in mind things are not the same these days.

FWIW, I have a free-standing direct vent gas fireplace (looks like a small wood stove). It keeps the place warm without electricity. It doesn't solve the problem of keeping things cold, but during a winter power outage I can put things in my unheated garage.

If loss of power is an issue where you are, you may want to consider the Association purchasing, running and maintaining generators (one for each building). This may be easier.

Rather then gas generators, there are Battery Backup Supplies that will run refrigerators, etc. and you don't have the need to worry about exhausts, etc. These could be installed on the patios.

When I lived in my town home development, there were those who had small emergency generators.
Fortunately, everyone was respectful and placed them away from windows and wouldn't run them at night.
The association never got involved.
If the Association is going to formally allow gas/propane powered generators, I would recommend adopting a rule that they can not be ran between the hours of x and y.