Community association managers and board members often find themselves dealing with the mental illness of a resident; especially if the resident has no family members willing to help. Hoarding has especially grown in prevalence in community associations. Many associations find themselves wondering how to deal with a hoarder or suspected hoarder.
What is hoarding? Hoarding is a diagnosis recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM–5). It was formerly a symptom of obsessive-compulsive personality disorder, but now stands alone as its own disorder, though obsessive-compulsive behaviors still play a significant role.
Hoarding is characterized by a persistent difficulty with discarding or parting with possessions, regardless of their actual value. This difficulty is due to a perceived need to save the items, and the distress associated with discarding them. The difficulty discarding possessions results in the accumulation of possessions that congest and clutter active living areas and substantially compromise their intended use. Serious hoarding can include the presence in the home of human and/or pet excrement; rotting food; pervasive mold; inadequate or inoperative ventilation/HVAC; unusable plumbing and appliances; rodent/insect infestation; key living spaces made unusable or inaccessible; windows, doors, and fire escape routes made inaccessible; and animals or pets that are deceased or at risk.
Some signs of hoarding include a bad smell emanating from the unit; surrounding units complaining of pests migrating from the unit; the resident not being seen outside the unit for extended periods; and/or belongings piled to block windows or doors. The first calls should be to any family members or known friends. If there is no one willing to help, you may need to place a call to local agencies for resources, such as the Florida Mental Health Hotline (call or text 988 or call 866-903-3787); Florida Adult Protective Services (800-962-2873); the Florida Department of Elder Affairs (800-963-5337); or a local mental health facility. Many local law enforcement agencies have rapid response teams that are trained to deal with these issues, including sending mental health professionals to the site and extending follow up care and resources. Contact your local law enforcement non-emergency line and see if they offer any of these resources.
If a condominium or cooperative association suspects there is a hoarding situation in a unit that warrants the association’s immediate access to the unit, the law allows the association certain rights of access as necessary to prevent damage to the common elements or to a unit. The association must work with its legal counsel to determine if legal access is warranted, what kind of notice should be given, what the association can or cannot do once gaining access, and how the costs associated with access can be recovered by the association, if at all.
If the association is unable to obtain voluntary compliance by the hoarder or their family, the association may treat hoarding as a violation of the association’s governing documents, availing the association of its violation and enforcement processes and remedies. Even if the governing documents do not specifically address hoarding, most all governing documents have a nuisance provision which can form the basis for a covenant violation action against the hoarder. The association could levy fines and/or pursue arbitration or mediation, as applicable, in order to obtain an injunction requiring the hoarder to clean up the property.
There are many options for a community association when faced with the problem of a hoarder in the community. The correct route will depend on the facts of each case; the cooperation of the hoarder and their family, if any; the severity of the problem; and the extent of the damage or potential harm. These risks are best discussed with the association’s attorney at each step of the way to ensure an effective and legal resolution.
