Condo Media - June 2011 - 14

RHODE ISLAND N e w s

by Frank A. Lombardi, Esq.

R e g i o n a l

Managing Expectations
Making Accommodations
hether we are board members, association managers, attorneys or vendors, each of us has dealt with unit owners who needed accommodations, such as a wheelchair ramp, a handicap parking space, an emotional support animal and the like. At a recent seminar, an association manager asked how to deal with a unit owner who has Asperger’s Syndrome.

C A I

Repeat Caller
This unit owner would call the manager eight times a day about a problem in the common areas that needed addressing (e.g., replacing a light bulb or fixing a squeaky common door) until the matter was resolved. The manager explained that typically she could take care of most problem areas that arise within a reasonable time and that normally unit owners would understand. But, for an adult with Asperger’s, a blown light bulb is not a typical situation. It wouldn’t be easy for them to wait for a time that most people would think reasonable to complete the task. Asperger’s is defined as a developmental disorder characterized by severely impaired social skills; repetitive behaviors; and often a narrow set of interests. It is now considered to be one of the Autism Spectrum Disorders. While adults with Asperger’s are bright and highly functioning, they have difficulties with social interaction. And, because a condominium is a social entity in and of itself, one could understand how a typical request for repair could easily turn into a fiasco if not properly handled. Given that this unit owner has Asperger’s, they probably have a definite

preference for rules and routines; I would tell this unit owner that there are rules for Requests for Action (for example, “I will address maintenance calls on Mondays and Wednesdays only, and only one telephone call per request per day will be permitted.”) Inevitably, there may be a delay in fixing the problem, which would create some anxiety in this unit owner who may be overwhelmed by a change in routine or the expectation that the work would be done on a certain date. In such a case, the manager should tell them ahead of time that it may take a week to fix the problem and that it will be addressed with them during the scheduled “approved telephone times next Monday or Wednesday.” The association manager in this instance needs to recognize that this particular unit owner may not be capable of empathy. In other words, you can’t necessarily expect them to understand that calling 15 times a day to get a light bulb fixed is irritating. Rather, explain that they are only permitted to call once a day. Setting boundaries will create an acceptable working environment for the unit owner and management. As I understand it, most adults with Asperger’s process information better when it is presented visually rather than orally. Accordingly, any rules that are set up should be written and sent to this unit owner.

Accommodating Non-routine Events
Aside from day-to-day operational issues, what about an upcoming capital expense, such as a roof replacement requiring a special assessment? Our unit owner with Asperger’s is no doubt used to paying his monthly

fees and they are comfortable in that routine. A special assessment for a capital repair could easily upset their orderly life; unit owners with Asperger’s can become quite anxious and worry incessantly about the unknown. That is, a capital expense is a deviation from what is known, or the monthly assessment. My suggestion would be to again “preview” the need for a special assessment one or two months before the special meeting where this will be voted upon. Again, I would send them as much information in writing ahead of time to ensure: an affirmative vote for the project if necessary; and full compliance with payment of the special assessment. Break down the information regarding the roof project with facts, not emotion. Don’t inject fear into the issue, such as: “If we don’t fix the roof, the building inspector will condemn the building, or the banks won’t permit any more refinances, etc.” Instead, it may be better to break it down as follows: “The roof is 30 years old. Roofs that are that old need to be replaced. In order to replace the roof, we have to take the old one off. It will cost $5,000 to take it off and $5,000 to put a new roof on, etc.” I realize I may have grossly oversimplified the subject matter, but for now, the question presented by the property manager warranted a short revisit to the all important subject of managing expectations. CM Frank A. Lombardi, Esq., is a partner in the law firm Goodman, Shapiro and Lombardi LLC. Co-chair of RILAC, he is also a member of the Rhode Island Regional Committee.

CONDO MEDIA • JUNE 2011

Condo Media - June 2011

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