Condo Media - April 2021 - 20

BREAKING THROUGH THE CLUTTER
CASE IN POINT
The first call about a potential issue
related to hoarding is likely to be to the
association manager, says Chris Collins,
who describes a case that occurred in
one of the properties he manages as an
associate director for the Brigs, LLC,
service organization that specializes in
the management of condominium and
apartment complexes. This worst-case
scenario is extreme, but it demonstrates
how it might all go down when earlier
intervention is not an option.
Collins was called when a homeowner noticed water pooling outdoors,
behind a neighboring unit. " In my role
as manager, I went to investigate with
a plumber, expecting to find it was an
underground leak, " he says. However, it
turned out to be something altogether
different - a ceiling pipe that had burst
and flooded the unit. Although the unit
had been vacated by the owner, her
continued payment of her monthly
condominium association charges kept
the worsening flood inside the unit
under the radar until the water finally
seeped out into the open.
Collins says the first hurdle was
gaining entry; he was able to reach the
owner, who was physically disabled
and unable to come in person, but she
warned them about the condition of the
unit and granted permission for them
to enter with the help of a locksmith.
Once inside, the scope of the problem
became apparent. " The reason the water
didn't leak out sooner than it did was because it was soaked up by carpet, trash,
and personal items from floor to ceiling.
I had never seen or smelled anything
like it before, and we couldn't even get to
the water shutoff valve, " he recalls.
To clear a path to the water closet, it
was necessary to summon a junk removal company, but only as a first step. This
association's bylaws, he explains, allows
an association representative to access
the unit in the event of emergency, but it
limited removal of items to the amount
needed to clear a path, nothing more.
On the advice of the association's
attorney, Collins then called the
department of health, which came

CONDOMEDIA April 2021

promptly and issued an order to vacate
and secure the unit, clearing the way
- so to speak - for the junk removal
company to enable the plumber to
attend to the leak and otherwise create
conditions satisfactory to the board
of health. He says the fire department
came too, " just in case. "
The next step was securing
permission to remove the rest of the
trash via a court order on behalf of
the association board of directors,
with the homeowner as defendant.
Once valuables were removed by the
owner's nephew, the rest of the unit
was emptied, a task that took the trash
removal company four days to complete.
LEGAL PERSPECTIVE
Mark Einhorn, a partner at the law
firm Marcus, Errico, Emmer & Brooks,
P.C., has dealt with the problem of
hoarding in condominium communities
numerous times, and says hoarding
behavior is typically " covered " either
in what is generally referred to as
the " nuisance clause " prohibiting an
activity that could be offensive, or in the
language containing the requirements
for unit owners to maintain their unit.
" In the case of hoarding, there could be
violations of both - the nuisance aspect,
and not maintaining the unit properly,
particularly if it's not meeting the
sanitary code, " he explains. However, he
mentions, because hoarding disorder
is also a recognized disability protected
by Fair Housing Laws, boards and
managers should use a bit of caution
when dealing with this type of issue.
While the situation described by
Collins is extreme, Einhorn says it is
relatively common for the board or
manager to receive a complaint from a
resident " about pests or smells coming
from one unit that are starting to affect
someone from another unit, " which
may suggest a violation stemming
from improperly maintaining the unit.
Other times, Einhorn says, the hoarding
situation may come to the attention of
the board through a report following
a routine inspection or by someone
who has had access to the unit - such

as a neighbor, association manager, or
maintenance person, who is in a position
to document the condition of the unit,
preferably with pictures. " So even if
no one has complained, someone with
'boots on the ground' may take notice,
speak to the owner, and attempt to
remedy the situation peaceably before
they call in a lawyer, " he says.
Still, Einhorn has seen it all. " Some
units are so cluttered they don't even
have a working bathroom; you need to
turn sideways to move around. " That,
he says, can present a safety issue for
first responders if they go into a unit in
an emergency situation and access ways
are blocked.
Although he is a lawyer, Einhorn
recommends holding off on the legal firepower as long as possible, both as a matter of compassion for the person, who
often can't control the behavior, and in
hopes of reaching a long-term solution,
something the courts cannot guarantee.
" My preferred method for handling these
issues is not going to court right away
because it's usually only a temporary
solution, " he says, explaining, " If you go
to court and get a court order to have
the person clean out the unit, the same
problem is likely to recur. " Therefore, he
continues, " Instead of taking a punitive
approach, such as assessing fines or costs
to unit owners, which the association
does have the authority to do, unless it's
an emergency, it's preferable to start by
mentioning the concerns and offering
advice on how to address the issue. "
This gentle first approach may be
followed by a letter from the board or
attorney in which the documented
condition of the home and code
violations are detailed and the resident
is given a chance to remedy the situation,
perhaps using a written plan of action
with a deadline for completion. To help
an owner handle the task, he says, some
boards make special accommodations,
such as permitting the person to put a
dumpster outside their unit for several
days. Others provide resources for
assistance in physically moving personal
items and rubbish if the person is not
able to take on the physical task.

Condo Media - April 2021

Table of Contents for the Digital Edition of Condo Media - April 2021