Relating to unenforceable restrictive covenants regarding standby electric generators affecting residential homes.
Impact
The implementation of HB2524 is likely to enhance homeowners' rights by limiting the authority of property owners' associations concerning the installation of standby electric generators. Under the bill, associations can enforce certain provisions related to the installation and maintenance of generators, such as requiring compliance with safety and building codes, but cannot outright ban these installations. This will promote the installation of standby generators while ensuring they meet safety requirements.
Summary
House Bill 2524 is focused on the regulation of standby electric generators in residential settings, specifically addressing restrictions imposed by property owners' associations. The bill seeks to amend the Property Code by establishing that property owners' associations cannot adopt or enforce provisions that prohibit or restrict homeowners from owning, operating, installing, or maintaining a permanently installed standby electric generator. This move is anticipated to provide homeowners greater freedom in utilizing standby generators, which can be essential for power continuity, especially in emergencies.
Conclusion
Overall, HB2524 represents an effort to balance the needs of property owners desiring backup power solutions against the regulatory authority of property owners' associations. By setting clear boundaries on what can and cannot be restricted, the bill aims to ensure homeowners have access to essential power infrastructure while adhering to necessary safety standards.
Contention
Notably, the bill includes clauses that render certain restrictions unenforceable if they increase the cost of installation significantly. For example, if any dedicated instrument provision increases the cost of installing a standby generator by more than ten percent, it is deemed unenforceable. This provision is crucial as it attempts to prevent property owners' associations from impeding the installation of generators through financial barriers. However, this may lead to contention among property associations and residents over what constitutes 'reasonable' regulations and costs.
Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.
Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.