not assisted living

When someone sells a unit in your condo, does the board have to approve the sale? Or is the sale strictly a matter between the seller and the buyer? My observation of age-restricted communities is that generally anyone can own a unit regardless of their age but the actual occupants must meet the age restrictions.

Assuming that the brother purchased the unit directly from the previous owner it looks like the brother and sister totally misunderstood what they were buying. If that is the situation, then the association is not liable for that problem.

But you said "I don't think we should have allowed this purchase." That implies that your association was somehow involved in the sale of the unit. That opens your HOA up to claims that you either implied to the buyer that you were a nursing home or that your HOA knew that the buyer thought it was a nursing home and the HOA failed to inform him otherwise. (I am not saying that your HOA did that; I am only saying that the buyer could make those claims.)

Your BOD should send both the buyer (the brother) and the occupant (the sister) a written statement advising both that while your condos are age-restricted they are not an assisted living facility. Your BOD should also try to find out why this buyer thought you are an assisted living facility in case you somehow unintentionally gave the wrong impression.

I would also recommend calling your adult protective service and let them know of this situation. Hate to say it but it almost sounds like the brother is trying dump his disabled sister anywhere he can. Since you already told her you were not an assisted living facility and she then asked another board member for medical assistance, it also sounds like there may be some mental health issues involved. Knowing that she has physical needs (the insulin shots) and suspecting that she may be mentally impaired, the worst possible thing you can do now is nothing. Notify whatever authorities you can and let them handle this issue.

And on a personal level, I would not hesitate for a moment to contact that idiot brother and ream him out for dumping his sister on you.

Bonnie,

It's possible that the woman doesn't understand the difference but the brother does. Therefore, contact the brother and explain that the condo is just an age restricted building and does not provide any assisted living services. I suspect that the woman contacted her brother when the board said no to providing insulin shots anyway.

Tim

It does sound like this poor lady is under a misconception as to the type of housing her brother bought for her. The fact that she contacted another board member when she did not get an answer from the first one.she needs insulin shots, seems to confirm that. However, the brother would seem to care about her as he provided her with housing but why would he not do a little more research in how it meets her needs.

If she needs insulin shots, the chances are that the should be given daily and I wonder who is doing that now. I think it would very considerate if someone checked to make sure she is getting her medication while you are contacting the brother.

Thanks for all your responses. They have all been helpful. We do have many caregivers coming to care for people in our condominium. However, each one that needs a care giver now was completely independent when they moved in. We are not thrilled about having someone move in who needs multiple caregivers from the get go.

Bonnie,

If it is the caregivers that are your concern, require them to be "on record" to keep thrack of who is visiting the unit. Soooo, you are not "thrilled" about having someone move in who needs mulitple caregivers? After you read what I just quoted, does that make you wonder that perhaps you or your friends may be in the same situation some day? Will it feel different when it is you? I think that your concerns are really not very neighborly. Geez, she might really be a nice lady and need someone to talk with.