SB 1649 Summary

• Prohibits owners associations from adopting or enforcing restrictive covenants that prevent residential property owners from owning, operating, installing, or maintaining permanently installed standby electric generators.

• Defines "standby electric generator" as a device powered by natural gas, liquefied petroleum gas, diesel fuel, bio-diesel fuel, or hydrogen; fully enclosed; connected to main electrical panel via transfer switch; and rated at not less than 7 kilowatts.

• Permits owners associations to adopt reasonable standards for standby electric generators including installation compliance with manufacturer specifications, electrical and building codes, underground connections, maintenance requirements, visual screening, periodic testing, and reasonable location restrictions.

• Establishes that location-related standards cannot increase installation costs by more than 10% or electrical/fuel line connection costs by more than 20%, or they become void and unenforceable.

• Requires owners associations to bear the burden of proof in any administrative or judicial action challenging whether a proposed or installed standby electric generator meets adopted standards; automatically approves compliant generators if pre-approval is required.