Condo Media - February 2011 - 42

MANAGEMENT

Options and Opportunities
For reference, here is a summary of some possible approaches for community associations with sizeable aging populations and for those with mixed-age populations.

Legal Issues
• The scope of the board’s rule-making authority and ability to regulate residents’ activities, both in the dwelling and on the common property should be thoroughly reviewed, and possibly amended to give the board sufficient authority to act on behalf of the association and the community for issues related to aging in place, and to spend money if required for services or physical plant modifications to reasonably accommodate an aging population or to pursue enforcement. • Governing documents should be reviewed and, if necessary, amended to provide the board with the authority to provide certain types of services, such as hiring a professional social services person as an employee of the association, or exchanging parking spaces to accommodate physical incapacity. • Governing documents should be reviewed, and amended if necessary, to provide the association and management with a right of entry for repair and maintenance, including pest control and clean-up within a dwelling unit; as well as the right of the community association to assess for the expenses of such maintenance and repair, and to place a lien against the dwelling unit to collect. • Consider amendments to the governing documents and the promulgation of rules and regulations, regarding issues of dayto-day living, which might include modifications to the definition of single-family occupancy or density restrictions, to allow for live-in caregivers; and to ensure recovery of attorneys’ fees by the association if legal action is necessary to deal with a resident. Ultimately, the association should be prepared to consult with its attorney to avoid negative legal ramifications of action taken to handle aging populations within the community association context. • Contact your local and state legislators and support and promote legislation that creates immunity for volunteers who take

action in an attempt to provide assistance and support to a resident who is in trouble and has no family or other support network; and relief from and limits on liability for those volunteers. • When a resident does not have assistance from a family member or other designated person, consider use of guardianship and civil action remedies, including involuntary commitment to a mental health facility, particularly for those who are a danger to themselves or others. In cases involving abusive or dangerous use of the dwelling unit by a resident, it may be necessary to seek injunctive relief for abatement of a nuisance, such as when a resident is harassing other residents or engaging in anti-social or destructive behavior. • Attorneys may need to counsel their association clients when the communities are made up of a mixed-age population, regarding the special tensions that can arise between the needs and interests of young families with children and retired individuals. For example, if the association provides facilities for children, then these facilities must be fully and regularly maintained, repaired and replaced as necessary. And they must be performed on a schedule that is an integral part of the overall maintenance plan for the rest of the community and facilities, and that is part of the annual association budget. Likewise, any rules and regulations governing use of the facilities and the dwellings must be reasonable, and uniformly applied to all residents, regardless of their age, in order to be enforceable. This would include regulations regarding playing of music and electronic equipment; noise; use of recreational amenities, such as the swimming pool area, pool and ping pong tables; and so on. The areas of rules and regulations and attention to the board members’ fiduciary responsibilities on behalf of the whole community are of particular concern in a mixed age community because of possible claims of discrimination based upon familial status, under the

Federal Fair Housing Amendments Act of 1988 and the Housing for Older Persons Act of 1995.

Management Issues
• Become familiar with the local social service agencies, and other support services that are available for the residents, and publish such information to the community. Look at the feasibility of providing rides for residents who otherwise cannot take advantage of these services. • If the governing documents permit the hiring and paying of professional social services personnel within the community, look at that option if there is a large enough population that will benefit. • Boards and professional managers should work on the creation and publication of an emergency response plan. The board should look at creating procedures for handling future situations. This could include adopting a rule providing all complaints regarding any resident allegedly creating a nuisance, problem or a danger must be in writing, and delivered to the board of directors or to the manager; creating a form of letter to be sent by the board to the owner of the unit, as well as to a parent, guardian or agent of the owner, if appropriate and if known. A plan should also provide for calling for police or fire intervention when appropriate. • The more information the community has ready for immediate reference, the more effectively the board and management can respond to situations as they occur. Keep detailed records, including whether there is a caregiver in residence in the unit; name, address, telephone number of next of kin or emergency phone number; name and telephone number of general medical practitioner for resident; listing of medical conditions and medication; and notation of whether the person uses a hearing aid, cane or wheelchair and whether he or she wears glasses. These are very difficult issues, and they are without a doubt the primary challenges of the 21st century for the community association industry.

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CONDO MEDIA • FEBRUARY 2011
Condo Media - February 2011

Table of Contents for the Digital Edition of Condo Media - February 2011
