Tenant conditions

Started by WayneG1 • 11 replies • 621 views

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WayneG1 (California)
Posts: 40

Posted:

The elderly owner In a unit in our high-rise condo Building fell and the paramedics came and broke open the door and took her to the hospital. When we looked inside we could see that she was a hoarder and the place was filled floor to ceiling with junk. There was rotted food and lots of flies and the bed was completely filled with feces. The city (San Francisco) said because it’s privately owned there is nothing they can do about it but this needs to be cleaned out and there doesn’t seem to be much in the CC and Rs Covering this. Has anyone dealt with this issue before?

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Most governing docs I've seen have a catch all phrase that talks about not doing anything that jeopardized the safety or quiet enjoyment of residents. In this case, what you are describing could lead to rodent or insect infestation issues that spread to other units. This makes it your business and I would act on it.

I would also call Adult Protective Services and report this issue. I'm sure they know exactly who to enlist to help with this problem.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is a fine line. The HOA does NOT own the property. It may be best to find a resource available to help the person than the property. The unit could be subject to condemnation but would you want an elderly person to be homeless?

Former HOA President

MichaelS56 (Minnesota)
Posts: 859

Posted:

Call the adult agency for assistance or guidance. Another option would be the local health department.

KerryL1 (California)
Posts: 14,550

Posted:

Your condo docs most certainly have a clause about units that pose a health or safety issue can be brought into compliance if they can harm the common areas or other condos. This is not a "grey area." If you're a director, Wayne, part of your duties re to protect your common areas and other codes.

Call your HOA attorney for advice . Health department is a good idea too.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I understand your concern.

DO NOT enter the property without a court order. Otherwise, you could be charged with trespassing. If you cleaned, the owner could charge you with theft.

I agree with others, contact the appropriate authorities or seek a legal opinion from a local attorney.

Here is some info:

How to Help Someone Who Hoards 2014 article on a therapy site.

How to Help a Hoarder Who Doesn’t Want Any Help? 2019 article from a specialized cleaning company

What to Do if Your Neighbor Is a Hoarder from nolo

Get Informed from the National Adult Protective Services Association

WayneG1 (California)
Posts: 40

Posted:

Thanks all
The only thing in the bylaws is a clause about nuisance to other tenants. And it states that a notice needs to be sent to the owner that they she is in violation and would be called to a hearing This Will be sent but it could take up to a month to resolve. She has no next of Kin and the health department and adult protective services have no power in this matter I guess we’re gonna have to have a vendor go in and clean it out and put her belongings in storage and document the whole procedure. Our attorney If we go ahead we could still be liable so the board just has to make a decision I guess.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Wayne
Have you contacted the Board of Health?

KerryL1 (California)
Posts: 14,550

Posted:

Review your CC&Rs, Wayne.

Is your Attorney's opinion is writing? Is s/he an HOA attorney? If not, get a written opinion from an HOA attorney. CA has a lot of laws about HOAs so a specialists ttorney is best.

The attorney you did consult says the assn. would be "liable?" Liable for what?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I say in a high rise building a case could be made for the association to
have the mess cleaned up and bill the owner. I can empathize with the owner
being ill and elderly but this does not forgive the dangers
(odor, mold, rodents, etc) to other owners.

JaniceM7 (Maryland)
Posts: 16

Posted:

Fire Marshall will come in and give a deadline (usually a week in our area) and have protocol if not cleaned out.

KerryL1 (California)
Posts: 14,550

Posted:

JohnC is absolutely right.

In our 200+ unit high rise, Owners sign a waiver and provide a key that's kept in a safe. The waiver says the Assn may enter the unit in cases where there may be damage to other units or the common areas emanating from said unit. If the owners cannot be reached, the HOA has the authority to use the key. In the very few cases were owners will not provide key (or combo for lock), the waiver says the HOA can break down the (very solid) fire door to the unit.

In the 12 years I 've been on the Board here, this never has been necessary. Leaks/floods would be the most likely emergency.

If a door is broken down and there's no damage-producing items in the unit, the HOA must pay to replace the door.

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