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BillD16 (Texas)
Posts: 972
Posted:
This is a purely hypothetical question (possibly based upon real events): have any of y’all ever dealt with a situation where a resident of a COA/HOA/ROA/etc - through age, infirmity, or whatever - became a possible hazard to themselves or others? How did you handle it?

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
AugustinD
Posts: 3,698
Posted:
Oh yeah. Two incidents. Someone fell in their unit and was out cold for a few days. Management noticed the guy's absence from the clubhouse (where the guy often hung out, wasting time with the manager) and knew the guy had health problems. Management called the family. Et cetera. The guy was resuscitated and recovered to a large extent.

Second incident: Old guy with dementia wandering the grounds. Management tried to help for awhile. For various reasons. I thought there should be a limit to this help. I am not sure how this resolved.

First, and as I know you know, check with the HOA/COA attorney. Other ideas: If the resident appears to be MIA (not responding to phone calls or door knocking), call the resident's emergency contact, which hopefully is on file with the COA/HOA. If it's not on file, try to contact relatives and express your concerns. If the relatives won't respond, and this is a condo association, call the police and seek guidance.

If there are signs the guy is a hazard to him- or herself, call the police, who know when to call social service agencies.

Anyone observing any physical altercation should call the police.

Importantly AFAIC, this person's well-being is not the HOA/COA's responsibility for the most part. No one should be guilted out because say a man was found dead in his condo unit, body now foul with odor. (Easier said than done?)

I bear in mind the usual caveats about the COA/HOA holding itself out as an entity that will protect a resident beyond the COA/HOA's usual protection.
BillH10 (Texas)
Posts: 1,217
Posted:
Bill

This came up in the association in which we reside. While the Association itself was not involved, concerned neighbors asked the City or the County for a "Welfare Check". Apparently there was no family.

Whichever agency performed the Welfare Check took it from there, they had the capability through the local codes and laws to have the lady moved to a care facility. I assume court orders resulted which provided access to her assets to pay for the care.

Ironically, the lady was a retired neurosurgeon suffering from alzheimer's/dementia type issues. Her home eventually was sold in a Sheriff's auction on the courthouse steps to satisfy outstanding liens. While it had not been updated since it was built in the mid-late 90's, someone got a very nice home for a very small amount of money.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Yes. The motto of our HOA was "Newlyweds and Nearly Deads". An ex-board member started to be a hazard to herself. Me and another neighbor would go take her for walks daily. I took her to the hospital before. She nearly burnt her house down twice. Burned a pot holder on the stove. She was an ex-IRS agent and not a lot of people enjoyed her personality. I liked her but she could be "difficult". Someone was finally able to get to her family. They came down and moved her in with them. She was taken off some of her medicines and was doing well there.

I was also on the "Help me I have fallen" alert for another neighbor. Her alarm would go off and would go check on her. A few times the police responding nearly busting down her door. I considered it taking care of a neighbor NOT a HOA responsibility.

Part of the job I say is being their for your neighbors. You don't speak of this aspect of the "job". However, we did try to make certain safety items into our decision making. For example making sure our roads had no parking on one side so emergency vehicles access.

I feel you can make your HOA/neighborhood into a good culture that takes care of itself and those within it. This goes beyond being a HOA member. It's called being a human...

Former HOA President
BillD16 (Texas)
Posts: 972
Posted:
Quote:
Importantly AFAIC, this person's well-being is not the HOA/COA's responsibility for the most part. No one should be guilted out because say a man was found dead in his condo unit, body now foul with odor. (Easier said than done?)


Thanks, all! I’m (thankfully) not dealing with this kind of issue currently. But I gather it happens. A recent poster here intimated I that they might have shot someone who ‘forced’ their way into their home. I think it was probably hyperbole, but still it reminded me of a movie called _Enter The Void_{1}.

BillD

{1} If you’re in Japan and surrounded by police, *don’t* shout “I have a gun!”

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
BillD16 (Texas)
Posts: 972
Posted:
Quote:
Importantly AFAIC, this person's well-being is not the HOA/COA's responsibility for the most part. No one should be guilted out because say a man was found dead in his condo unit, body now foul with odor. (Easier said than done?)


Thanks, all! I’m (thankfully) not dealing with this kind of issue currently. But I gather it happens. A recent poster here intimated that they might have shot someone who ‘forced’ their way into their home. I think it was probably hyperbole, but still it reminded me of a movie called _Enter The Void_{1}.

The monolithic corporate entity that once employed me had a ‘situation’ here in Austin years ago: it was common practice to close one’s office door when working, and one fellow stayed late on a Friday, had a heart attack, and was not missed until the next Wednesday. And yes, an ‘odor’ was involved. I’ve heard terrible things about cats when they are involved these situations - thankfully Corporate enforced a rather strict “no pets at the office” policy.

BillD

{1} If you’re in Japan and surrounded by police, *don’t* shout “I have a gun!”

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
SheliaH (Indiana)
Posts: 6,964
Posted:
Actually, that's not so hypothetical as you think. With the average age of the country in the 60s (and increasing) along with undiagnosed mental illness, substance abuse or a combination, This may be a situation more HOAs find themselves in.

it would be great if more people would look out for their neighbors, but we live in a society where people don't even bother to go across the street or next door to introduce themselves. And when things happen, they expect someone else to step in and so nothing gets done because everyone's standing around looking.

Generally, the action taken depends on what's going on. For exampke, if there's an elderly neighbor who's having more trouble caring for their home, encourage a neighbor to talk to them and help refer them to the department of aging that can connect them with programs that can help. Or if the person is wandering around trying to figure out where they live, despite being three doors down from their home, you can call adult protective services in your area. You can do this anonymously, but if you do (or leave your name), provide as much information as possible, starting with dates and times. If you know the person has adult children, you can contact them or call the non-emergency number of the police department and ask that an officer be sent for a wellness check.

You already know the answer to this if criminal activity is suspected - board members aren't cops, so homeowners should call 911 if a crime is in progress or the non-emergency number.

That said , you can Google "when to call po!ice" so people don't clog up 911 with stupid stuff ( e.g. people calling police when people of color are out living their lives like sitting in front of their own homes watching their children play). Yes, friends, that really happened and I read similar stories nearly every week -and as a person of color, I'm past tired of people jumping to conclusions.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
This is a tough situation because you need to balance the elderly resident's right to privacy (as well as their rights under the Fair Housing Act) with the obligation to maintain a safe environment, protect the common elements, and the like.)

I came across a helpful blog entry that addresses this.

As usual you may want to consult your association's attorney before taking action in individual cases.
BillD16 (Texas)
Posts: 972
Posted:
Quote:
Posted By CathyA3 on 03/12/2022 11:14 AM
This is a tough situation because you need to balance the elderly resident's right to privacy (as well as their rights under the Fair Housing Act) with the obligation to maintain a safe environment, protect the common elements, and the like.)

I came across a helpful blog entry that addresses this.

As usual you may want to consult your association's attorney before taking action in individual cases.

That was very interesting and very well-written, thank you.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
LetA (Nevada)
Posts: 2,679
Posted:
We are going though this right now. We have a homeowner that over the past several years has been a nuisance to the community. In the past they've been called to a hearing and finned. There is another
hearing scheduled, and the general consensus is to issue another fine and ban this individual from the pool and park. We have over 300 other families to consider, and it isn't fair to the other families
that live in our community to be inconvenienced because of the behavior of one individual regardless of their mental faculties.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By LetA on 03/12/2022 5:22 PM
We have over 300 other families to consider, and it isn't fair to the other families
that live in our community to be inconvenienced because of the behavior of one individual regardless of their mental faculties.
Academically speaking, these situations are interesting. Practically speaking, they can be a nightmare to resolve.

As CathyA3 pointed out, whether these folks are stuck with being inconvenienced to "reasonably accommodate" someone who may be disabled will depend on the details.

LetA, in other threads you related many of the details. I realize things have likely reached a point where this disabled person is causing safety problems.
CathyA3 (Ohio)
Posts: 6,299
Posted:
This sort of confusion over "reasonable accommodations" comes up in the employment arena as well as in HOAs.

A reasonable accommodation for a worker is something that allows the worker to perform the duties of the job (eg. technology that compensates for vision or hearing problems). It is not an excuse for not performing the job duties, and an employer can legally terminate a disabled employee who is unable to perform essential job functions even with reasonable accommodations in place.

In an HOA setting, reasonable accommodations do not mean that the disabled person is allowed to violate the CC&Rs whenever they want or to harass or endanger neighbors. The accommodation is something that addresses the particular disability (eg. a service animal for someone who has vision or hearing problems, or a reserved parking spot or wheelchair ramp for someone with mobility issues). But this person is still obligated to pay assessments and otherwise follow the provisions of the CC&Rs - "I'm disabled" is not a valid excuse for not doing so.

Our attorney told us that whenever we got a whiff of a potential Fair Housing issue with a resident to contact his office. He wanted to make sure we were following the law to the letter but also not getting played by someone who tried to misuse their status to get away with stuff.

KellyM3 (North Carolina)
Posts: 2,239
Posted:
Hi Bill,

Great question. I would, at least, report serious concerns over a person's well-being to your local police department on a non-emergency call. It's the proper thing to do if you think someone's cognitive abilities prevent them from self-care. It will never be the HOA's responsibility to "accommodate" a situation like this.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By CathyA3 on 03/13/2022 9:46 AM
This sort of confusion over "reasonable accommodations" comes up in the employment arena as well as in HOAs.
... and interestingly to me as a layperson the first time I saw it, the fair housing case law on "reasonable accommodation" borrows heavily from employer-employee case law on "reasonable accommodation."

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