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AnnaD2 (Florida)
Posts: 960
Posted:
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.
MaryA1 (Arizona)
Posts: 7,043
Posted:
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.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
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.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
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.
DonnaS (Tennessee)
Posts: 5,671
Posted:

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.

BrianB (California)
Posts: 2,820
Posted:
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.
AnnaD2 (Florida)
Posts: 960
Posted:
This is just an update to an old thread I started in December of 2008.

Last month someone broke into this SAME shed where a member wanted to store their personal generator. The criminal stole power tools. Suppose we HAD allowed a member to store his generator? His personal property would have also been stolen. This is EXACTLY an example of why we did not allow him to do this.

As a side note---please allow me to share the "stupidity" of some people who live here. The break in and theft occured at NOON--in the middle of the day---in broad daylight. I was at work. When I returned home at 6:00 p.m. I had two people call to me that I had to call the police because THEY saw the theft! SIX HOURS EARLIER!!! Can you believe that?!?

I hate to call my neighbors stupid; but for gosh's sake---how do they expect me to report a crime that I didn't witness---just because I'm a board member?!? I explained to them that THEY as CITIZENS need to report ANY crime as they see it?

I DID call the police; and they did come and take a report....shaking their heads the entire time.

Gosh---I LOVE being a board member.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Oh Anna,

The joys of living among stupid. And these same people drive cars and vote. You did the right thing on not allowing the generator not to be stored on common property.
GlenL (Ohio)
Posts: 5,491
Posted:
Anna, just to show you that stupidity is not confined to mere homeowners; recently the former BOD president and multi year member of the BOD called the current president to tell him to call the fire department because one of the dumpsters was on fire. Come to think of it he is off the Board and a mere homeowner now so maybe it is confined to them.

Studies show that 5 out of 4 people have problems with fractions
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Anna,
What were you trying to prove by presenting this issue as a new issue, then down the line state it was just an old issue? You asked folks to take their time to help you, knowing full well your issue to this question had been resolved to the satisfaction of a Board.

After you fessed up, then you proceed to tell us how right your decision was to not allow the storage of the generator. You certainly didn't explain how the individual solved his problem which would have added to the subject.
I suspect this is all just a bad choice on your part, but to me, it effects how I will view any further posts.

Maybe I am missing something here, got any idea where my judgement is biased or has no substance?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
ASnna,
I went back and have noted that the posting you revealed this was an old post was the posting you had the rant about the "Stupidity" of some owners. I have been in this condo stuff a lot of years and have seen some pretty stupid actions, I have also done some pretty stupid things I am sure. I am just trying to figure how we got from a two year old problem that had been resolved to a rant about stupid neighbors, all in one post. Well it certainly is clear who the smart people are, I can say that. If I am being over critical, I am sure I will hear about that and will seriously consider any remarks.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Robert Dear,

I do think that you over reacted to Anna's example of how she fought to keep the generator from being stored on common property (old post) to what the consequences would be to the Board now with having the common property broken into(new post). A good example of why there should be guidelines followed for the Board to from getting into possible insurance issues from NOT following the rules-aka--storing someones personal property in common elements. Stupid comes in when memberrs (seversl) do not call police when they are witnessing the crime
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Donna,
Your constructive comments are music to my ears. I would rather have you chew my butt off than receive the praises of Kings.

It was not the generator issue it was playing games with the time of our posters. But as I said, I could be over reacting, so I shall serve my penance.

I still think I am right,,,,,,,,,,,,,,,,grrrrrrrr.......women,,,,,,,,,grrrrrrrrrrrr, Next time around I am going to Tibet and become the Dali Lama.......ggggggrrrrrrrrrr!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Robert,

My normal butt chewing off would have hurt. This was just trying to smooth down your ruffled feathers.

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