Over 50% of owner occupied homes in the United States are occupied by residents over 55. As our population ages, community associations are often forced to address issues related to an owner’s inability to care for him or her self, inappropriate behavior caused by Alzheimers or other degenerative diseases, and even life threatening safety issues for the owner and other residents.
In the past, neighbors often assisted other neighbors as they aged. There may have been daily calls to check on an elderly neighbor, rides to the doctor, shoveling of a walk or even invitations to dinner. In today’s society, this social courtesy is the exception rather than the norm. Neighbors don’t talk to neighbors, nor do they assist each other as sight, mobility, hearing, agility and mental capacities fade. Instead, they call the association and ask for assistance. But what can and what should associations do?
There are several approaches, and depending on the situation, one approach may be favored over others. First, the neighbor approach. A committee might be set up to provide assistance to elderly owners (frequent calls to inquire as to health, arrange taxi or other services to doctors, grocery stores, etc.). This committee might also make periodic visits to the owners unit to make sure the owner is safe (appliances are operational, there are no safety or fire hazards, etc.). The committee may also want to obtain emergency information for all elderly residents such as next of kin, doctors, medicine, allergies, etc. There may be times when the association may need to or want to contact next of kin or other relatives if specific problems arise.
Many associations express concern that maintaining such information will subject the board or committee members to liability. There are several things that make this highly unlikely. First, the “good Samaritan” statutes in Colorado provide thata person does not assume a duty nor incur civil liability when he or she voluntarily performs a service or adopts a policy to benefit or protect another person so long as the person acts in good faith. In order to qualify for good Samaritan protection, the volunteer must not be compensated or expect to be compensated and he or she must perform the service in good faith. Additionally, it would be recommended that the association publicize that the gathering of such information does not obligate the association to use the information at any time.
A second approach may be to utilize outside services. In Colorado, the Aging and Adult Services Division of Social Services (phone 303-455-1000) is an excellent resource for dealing with aging issues. The Aging and Adult Services Division can connect the association with providers for a wide range of services including medical and dental clinics, emergency financial aid, transportation to and from appointments, Meals on Wheels, a directory of local senior centers, pet care assistance and even home maintenance services.
In some cases, the Association may need to do more than call a taxi for an elderly neighbor, If the Association is concerned that an owner is no longer able to care for himself or herself, the board may contact the Adult Protection Division of Social Services in the particular county in which the association is located. Social Services has the authority to make a home visit and evaluate the health of the owner, although associations are protected by good Samaritan statutes as discussed above, board members should be aware that repeated calls to Social Services may be considered harassment. It is important to always act in good faith.
Lastly, there may be solutions available through the association’s governing documents or the court system. For example, the declaration may be amended to include provisions allowing the association to enter a unit to correct situations which create a safety issue for surrounding owners (a condo unit full of old newspapers is a fire hazard), or to abate noxious odors (a unit that is never cleaned and feces can be smelled down the hall). However, it is still suggested that the association obtain a court order before entering the unit. Even with the best documents there will be times when the documents alone won’t solve the problem. For example, an owner who is still able to care for herself but who keeps her television excessively loud because of a hearing problem and who refuses to pay bills because of a fear that people are trying to steal her money, would probably not be responsive to a court order requiring her to turn down the TV and a judgment would likely be uncollectible without a foreclose of her unit. In this case, the association may want to consider asking the court to appoint a guardian ad litem to assist the owner with her financial affairs (get mail, pay bills, etc.) and maybe even assist the owner with obtaining a hearing aid or new batteries.
Situations regarding the greying population are not going to disappear with more and more boomers reaching retirement and many staying put. Therefore, associations must begin to address and implement programs to capture the value of these residents and address their needs and problems as well.
We have provided a link to many resources available to persons over the age of 50. This is in PDF format and as such may take several minutes to load depending upon the speed of your internet connection.
DRCOG Resources