The demographics of many multifamily buildings are shifting. The original residents who bought in decades ago are now aging in place, leading to a rise in the number of elderly residents and those with mental health challenges. This presents unique challenges for boards and property managers who have a fiduciary obligation to all owners/shareholders and sometimes have to make tough decisions in these situations, especially if the persons pose a risk to the life, health and safety of other residents.
The Challenges of an Aging Population
As residents age, they may face health issues, mobility limitations, cognitive decline, or mental health challenges. These can manifest in various ways, from difficulty maintaining their units to disruptive behavior or even safety hazards. While these situations can be distressing for everyone involved, it’s crucial to remember that these residents are still valued members of your community. That said, if they pose a risk to other residents, the board and management should engage counsel to assure that laws are compiled with and that decisions are made by the board in a way that satisfies their fiduciary duty.
There’s no explicit legal requirement for boards to provide special care to elderly residents or those with mental health issues, beyond what’s mandated by laws like the ADA. Boards may feel that there’s a moral obligation to show compassion and support, but when the residents pose a potential danger to others in the association community, tough decisions by the board must be made to ensure the safety and well-being of all its members including the resident.
Steps for Boards and Managers to Consider with Experienced Counsel at the Helm
- Initial Contact: Communications with the resident, informing the resident of the situation and requesting a meeting to discuss the matter.
- Potential Outreach to Relatives: If the resident is unresponsive or unwilling to meet, attempt to contact potential relatives to intervene ensuring the resident’s well-being and that of the entire association community.
- Adult Protective Services: If family intervention is unsuccessful, consider contacting Adult Protective Services to help.
- Legal Action: As a last resort, explore the possibility of legal action for nuisance in a condominium, or a notice to cure in a coop, if the resident’s behavior poses a health or safety risk to the community. With Court involvement, sometimes the help that a resident needs is facilitated, or this action could remove the person from the association community for their own benefit and that of the other owner/shareholders, residents, contractors, employees and others impacted by the resident.
Remember, every association is different, and there’s no one-size-fits-all solution. By approaching these challenges with empathy, understanding, and a willingness to adapt, you can ensure that your community remains a welcoming and supportive place for everyone, but also a place that residents are not worried about their own life, health and safety because of their neighbors. These situations are tough and a minefield for boards and management and should be traversed carefully.
