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SayA (North Carolina)
Posts: 19
Posted:
We have a house in a neighborhood that increasingly becoming a problem due to disprepair and what appears to be hoarding.

In the past the owner would be late in paying annual dues, but eventually pay, plus significant fees. Owner has also been billed/fined for grass cutting in the past. We have gone through the lien process in the past to get compliance, but it is expensive and at a certain point we face ownership of the property...

At any rate, the house is currently falling into serious disrepair with issues seen from the street with the roof, siding and windows. In addition, there is an increased amount of "stuff" and cars in the driveway; the garage is completely full, and its considered an eyesore now.

Our current rules for property and architecture specify fines, but is there anything the HOA should do to firm up its rules regarding condition of the house and property or be more active? As well, this is in North Carolina, any specific laws or agencies we should be aware of? We plan to address a lawyer soon, but would like some initial direction from fellow HOAs as well. We are at the point we'd rather assume ownership than let it crumble.

TIA
MariaC (Maryland)
Posts: 15
Posted:
Have you contacted your city administrators? It souunds like there may be housing or fire code violations with the property. Maybe even Public Health. They would send an inspector and issue citations if necessary. It always works in my HOA -- the city can get results faster than we can.
DanielH1 (California)
Posts: 482
Posted:
If you have a good relationship with the owner, you could go by and see if you can help them to hire somebody to maintain their home on an on-going basis. They can pay somebody and not worry about having issues with the HOA.
SayA (North Carolina)
Posts: 19
Posted:
Hi, we have two ordinances for the county and similar for the state that we are looking at that address this. We wonder if we need to also do anything with our HOA rules to support, or simply utilize the ordinances.

Unfortunately the home owner is not friendly or communicative through normal means.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Here was a news article link from this website here regarding some homes in CA and hording:
http://www.ocregister.com/news/hoarding-291101-county-policy.html?pic=10

Maybe info in the article can help you out a little.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Another option is to have the HOA do the necessary repairs and removal of the violations they are allowed to do then bill the owner for the work done. If the owner doesn't pay, then put a lien on the property for that amount. Liens shouldn't cost that much money unless your using a lawyer to file. Which isn't always necessary to do. They can be free to file in some states or small process charges.

I stated violations which are ALLOWED. This doesn't mean fixing the roof or siding of the home. That is the owner's responsibility for the STRUCTURE. The HOA can control the APPEARANCE of the outside. This includes house paint/colors. The HOA can pay a painter to come in and paint the home. In the process of painting certain repairs may need to be done. Hence, how the HOA can get around some of the restrictions...

My suggestion is a simple compromise. Volunteer labor from the HOA membership can help with cleaning up any exterior junk violations for "Free". Having the ability to have cars towed in violation is helpful. Giving the names of good contractors in the area to help the owner is a good idea.

Hoarding is a mental illness. You have to respect that. Instead of continously making this a sore subject and lobbying fines at a person who has a problem, try other routes such as recognizing the person needs help. They may NOT want to live this way and a good organizer may be helpful. I watch "Hoarders" on A&E and it gives good insight of what you may be dealing with when it comes to the PERSON NOT the JUNK!

Former HOA President
LouiseP1 (Colorado)
Posts: 4
Posted:
We have a unit in a condo complex. There is a hoarder with a long standing mental issue that is unlikely to improve and seems to be worsening. There is no family to help. The board has been sympathetic, and tried many approaches for years. The city agencies have limited ability to help, including social services. The main issue, aside from behavior in the common areas, is water leaks caused and unnoticed by the hoarding. This last time the leaks caused damage in multiple units, and one of the concerns now is mold. The resident is an owner without insurance, and legal advice is that the HOA can require insurance but not monitor or enforce it. Are there any suggestions or agencies that deal with this specific issue? Thanks.
LouiseP1 (Colorado)
Posts: 4
Posted:
We have a unit in a condo complex. There is a hoarder with a long standing mental issue that is unlikely to improve and seems to be worsening. There is no family to help. The board has been sympathetic, and tried many approaches for years. The city agencies have limited ability to help, including social services. The main issue, aside from behavior in the common areas, is water leaks caused and unnoticed by the hoarding. This last time the leaks caused damage in multiple units, and one of the concerns now is mold. The resident is an owner without insurance, and legal advice is that the HOA can require insurance but not monitor or enforce it. Are there any suggestions or agencies that deal with this specific issue? Thanks.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
OP,

Do your Covenants contain a 'nuisance clause' in the Restrictions section ?

If yes, take appropriate action such as obtaining an injunction.

If not, call your local Fire Marshall and the Dept. of Health.

Does your jurisdiction adhere to the International Property Maintenance Code ?

Call code compliance.

TAKE ACTION

or

Be silent.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
The board has been sympathetic..........


There lies your problem.

The 'Board' are not your friends.

The 'Board' SHOULD BE your corporate business managers.

They should merely administer the 'governing documents' (which most likely prohibit nuisances).

+ see above re: Intl. Prop. Mgmt. Code +
SheliaH (Indiana)
Posts: 6,964
Posted:
I concur with the suggestion to contact the city and social services, particularly Adult Protective Services. Physical and mental health issues (not to mention money problems) are probably why this is happening and ultimately, the place may have to be declared unfit for habitation and the owner would have no choice but to fix it or move.

Does this person have any family you might be able to contact - they may also be able to assist you.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LouiseP1 (Colorado)
Posts: 4
Posted:
I'll check the nuisance clause, but recall reading something like that. I think the attorney is filing an injunction. I'm a homeowner but not on the board, and this matter is discussed in executive sessions that I'm not a part of. The Fire Dept., Health Department, and Social Services have been involved, and have cleaned the unit several times, but apparently the mental health aspect and ADA stops what would seem like the reasonable steps. Although homeowners can't know the details because of privacy laws, this situation is well known by many owners from first hand experience with the owner. No relatives to help. There doesn't seem to be a safety net for the individual, so what will happen is unknown at the moment. I was hoping someone who had dealt with this successfully might have a unique solution. Thanks to all who responded.

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