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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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AnnaD2
(Florida)
Posts:386
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| 12/02/2008 6:29 AM |
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Set up: Two two-story condo buildings.
At our Annual Member's meeting an owner asked if he could store a gas-powered generator in the Association's storage shed. It's a small metal building that holds extra pool furniture and garden tools. He said it's in case the power goes out and he needs to run his oxygen. We told him we'd research it and get back with him.
While we (the board) certainly want to do everything reasonable to accomodate him there are several reasons we do not want to allow this.
1. No one is allowed the right to store personal items in common areas.
2. Our Association insurance only covers the association property. We're
worried that if something happens to the shed (fire, etc.) we would
be responsible for paying for it.
3. What if someone breaks in and steals it?
4. Other people here are on oxygen and have other "back-up" plans.
5. What recourse would be have to allow other people to store personal
items in common areas?
We feel these are all valid reasons to deny his request. But now our property manager says we may be in ADA violation, if we do not allow this. (He comes from a rental property background.) We tried to explain to him that we there is a power outage we have no problem allowing this owner to bring a generator on to the property and hooking it up to use it...but it's two different things.
Thoughts please? Thank you. |
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MaryA1
(Arizona)
Posts:2504
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| 12/02/2008 6:39 AM |
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Anna,
Frankly, I agree with the board's position. If you were to do this small favor for one member, you're open to doing it for all. If there are a number of members on respirators this could really pose a problem. Surely the individual units have storage space. BTW, I doubt this is an ADA issue but if you're in doubt about that I suggest you contact your attorney. |
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BruceF1
(Connecticut)
Posts:696
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| 12/02/2008 7:00 AM |
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Anna,
Since there are altrnatives for patients who require oxygen other than emergency power generators, I doubt you would be in violation of any provisions of the ADA.
My wife requires oxygen and in addition to her electrically operated oxygen concentrator she has back-up oxygen tanks for use in the event of a power outage. Should the outage last for more than a few hours so that back-up tanks would be depleted, there's always the option of bringing the patient to a medical facility, such as a hospital emergency room, where oxygen could be administered. |
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BruceF1
(Connecticut)
Posts:696
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| 12/02/2008 7:09 AM |
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| And, the patient must at least have a portable oxygen tank, otherwise the patient would be housebound and not able to go out at all. Plus, electric oxygen concentrators, although not considered portable devices, are light enough and portable enough for one person to be able to place them in an automobile so the patient could obtain oxygen from a portable tank and transported to a relative's or friend's house or other location that had power where the oxygen concentrator could be operated. |
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DonnaS
(Tennessee)
Posts:2951
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| 12/02/2008 7:31 AM |
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Anna,
Also, the fact that it is gaasoline powered. It would have to be kept empty until time to use. The gas cans need to be stored also so my vote would be "sorry but no, not in the shed." It's one thing to have a generator in your personal garage or similar space because your own insurance covers that but not in a mulitple ownership dwelling. Our generator had a small bush covered wood structure which looked like the house, on the side of our garage but any gas powered mechanics must be distanced from the structure so an out structure is also not feasable in a condo situation.
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BrianB
(California)
Posts:1748
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| 12/02/2008 7:56 AM |
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| i think number 4 covers the board on any ADA (or ADAAA) issues. there are other 'reasonable accomodations' already made and working, he can make similar ones. |
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