News stories and reality TV shows about compulsive hoarding
behavior, or Collyer’s Syndome, are appearing more and more frequently. While the contents of these collections may
appear humorous or even entertaining, there is nothing funny about the potential life and safety
issues impacting the hoarder and his/her neighbors. Many times, the items hoarded can essentially be considered garbage - which attracts pests and creates a stench that
permeates nearby homes. The collection
also creates a greater likelihood of fire and blocks pathways inside the home
that are used by emergency responders providing assistance.
While the governing documents of many
Associations may prohibit unsanitary conditions, actual enforcement is another
matter. When a situation has become so
serious that the Board of Directors takes notice, the lengthy notification
process for the Association to take action is likely a roadblock. Depending on how entrenched the hoarder is,
the Association may have to obtain a court order permitting entry into the home.
A far faster solution is to notify the
local governing agencies, such as Code Enforcement, Adult Protective Services,
or the Fire Marshall. Generally, they
will be able to respond more quickly to head off a potential disaster. Unfortunately, some governing agencies can also be slow responders, or may shy away from confrontation due to media coverage.
If this occurs, the next best step is
to locate family relatives who may have some sway with the hoarder, and can see
that he/she is provided with mental and medical assistance. This too may be a slow process, depending on
whether a competency hearing must be held before the family can act.
No matter the direction the Board
chooses, the Association’s attorney should be involved in the process every
step of the way, advising how to proceed with minimum legal exposure. Be aware that the Fair Housing Act may
protect the hoarder due to his mental condition, and the court might require
extended attempts to have the hoarder reduce his collection before finally
concluding that the situation is no longer tolerable.
Throughout the ordeal, the Association
should maintain detailed records of hoarding conditions and what actions were
taken to resolve the problem. If the
unthinkable happens, and multiple homes are damaged, these records of action
will be critical in protecting against any claims brought against the
Association.
Hoarding behavior is a serious
situation that cannot be ignored. If you
receive reports that such activity is occurring, act promptly to ensure the
best possible outcome for everyone.
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