Dealing With Hoarding In Florida Community Associations
Most of the time, community associations are required to treat violations of association guidelines fairly harshly in order to keep things running as they should, or to set an example for other owners to follow. However, when mental illness is a factor for a resident, it can throw an association board into flux. Hoarding is a common problem that affects homeowners’ associations and condominiums, and if there is a hoarder in your community, they should be handled with compassion and care.
Hoarding Can Cause Health Hazards For The Community
Hoarding is a disorder that often actually begins in younger years – usually anywhere from age 15 to 25 – and usually grows worse with age. It may begin innocuously, but as time goes by, a person will become more and more upset at the idea of getting rid of things, even if those things have no financial or sentimental value. There is, of course, a difference between being a bit cluttered and having an actual hoarding disorder, but the symptoms can be difficult to notice even for family members, let alone community association board members, until it grows out of control.
While symptoms may vary, a person with a hoarding disorder will generally not want anyone – even repair workers or board members – in their home, and may be unable to use one or more rooms due to their condition. A bad smell or pests may be evident in or near the unit. As one might imagine, this creates a significant problem for community associations – no one wants to traumatize a mentally ill person, but the potential health hazards and structural issues that can be caused by hoarding can affect the whole association.
Cooperation Is Key
If there is hoarding in your community, it must be handled carefully and with understanding. A community association has broad powers to handle violations of their articles of incorporation or other governing documents. For example, it is important to remember that condo boards and cooperatives have an “irrevocable right of access” to units during ‘reasonable’ hours, as long as it is necessary for repair, maintenance, or to prevent damage occurring to a unit.
Each case of hoarding will be different, but in general, cooperation will make all the difference in terms of an association’s path for the future. If the resident has family or friends, or resources available to help with their condition, the community association may be able to work out a plan to keep the resident in good standing. However, if cooperation is not forthcoming, an association may have no choice but to use its enforcement powers, imposing fines or even progressing to foreclosure.
Contact A Tampa Community Association Attorney
A mental illness like hoarding is unfortunately not a private issue if one lives in a community association; it can cause issues for one’s neighbors that can result in the association board having no choice but to get involved. A Tampa community association attorney can help advise either side how to proceed in this type of matter; attorney Alicia Seward and the Seward Law Office are ready to work hard for you. Call our office today to schedule a consultation.
Source:
mayoclinic.org/diseases-conditions/hoarding-disorder/symptoms-causes/syc-20356056
