HOAleader.com - Tip of the Week - September 30, 2016
Published: Fri, 09/30/16
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How to Avoid Flare-Ups Over Grills at Your HOA
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In this week’s tip, we offer some sizzling advice to prevent fires and frustrations when it comes to grilling at your homeowner or condo association.
This is an area that David Firmin, a partner at Hindman Sanchez, a law firm in Arvada, Colo., with about 1,600 association clients, knows firsthand. He represents a three-plex association that had several fires exacerbated by propane tanks stored on the property. The total damage reached $1.5 million.
“We absolutely—in a condo or multifamily home context—strongly urge that associations adopt the provisions of the Uniform Fire Code, which has been adopted by most fire jurisdictions,” he says. “That prohibits the storage of charcoal grills and gas grills with tanks greater than ____ pounds within 10 feet of a flammable structure unless the structure is sprinkled. So in newer communities that have sprinklers on the decks or porches, it’s permitted. Violations are punishable by fines of $999 and six months in jail. I absolutely recommend they adopt that.”
Lisa Magill, of counsel at Kaye, Bender & Rembaum in Pompano Beach, Fla., who advises Florida community associations, also suggests starting with fire code regulations. “Your rules should mirror any prohibitions that may expose the association to liability,” she says. “Remember, the code violation is issued against the association, even if the grill is on the catwalk and belongs to the owner of Unit 601.”
In Florida, Jed L. Frankel, a partner at Eisinger, Brown, Lewis, Frankel & Chaiet PA in Hollywood, Fla., who advises community associations, is now seeing restrictions even extend to electric grills that are unplugged. “In condos, most are high-rises, so you don’t have wooden decks,” he notes. “But we do have these high- or mid-rises with balconies, and most condo declarations say that people aren’t permitted to barbecue out there.
“In the last couple of months, we’ve had an interesting issue come up where people are storing but not using electric barbecues there,” Frankel adds. “There’s an electrical code that prohibits that. So even if the grill isn’t being used, it can’t be stored out there—even if it’s not plugged in.”
You’ll also want to set specific rules on common and even portable grills for safety and to keep the peace in your community. Get tips on that in our new article: http://www.hoaleader.com/members/2436.cfm
Best regards,
Matt Humphrey
President
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Run into any owners or residents who show contempt for and consistently disregard your HOA's rules? One in 25 people is a sociopath, or a person who regularly exhibits asocial or antisocial behavior. Sociopaths look like your everyday neighbors, but they can be scary and intimidating--and they can turn your HOA into a battleground. Join us for a cutting-edge webinar on October 27 on how to wisely and safely handle the most difficult owners and residents you'll ever face, led by two community association experts with decades of hands-on experience in advising associations.
Click here to read full article:
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