HOW TO HANDLE RESIDENTS AGING IN PLACE
PROBLEM: A long-time resident is showing early signs of dementia. She forgets to bring in newspapers and doesn’t always recognize people she knows. A neighbor found her recently standing in the hallway, unable to remember which unit was hers. The problems are intermittent; most of the time, she seems fine. We think her symptoms will worsen with time, but she insists she doesn’t need help and her children agree.
SOLUTION: There is no easy solution, but this is a problem that many associations are facing now or will face in the not-so-distant future.
An estimated 60 million Americans are 65 or older, representing about 18 percent of the population. That number is expected to increase to more than 80 million – 23 percent of the population - in 25 years.
Many condominium communities have residents who are aging in place. The healthy, energetic 50-year-old who moved in 35 years ago may be a frail and ailing 85-year-old today. The needs and capabilities of residents and the risks they face change as they age, and those changes will create challenges for community associations.
For example, uneven sidewalks that are annoying to younger residents may be serious trip and fall hazards for older ones. The association’s maintenance obligations won’t change over time, but their liability risks for negligence will increase.
An aging population will also bring more requests for Fair Housing-related modifications —wheelchair accessible ramps and grab bars, for example. Associations won’t necessarily have to pay for those modifications, but they should be prepared to review and approve them.
Associations should also expect more conflicts over expenditures to finance essential maintenance, repairs and renovations.
Younger residents will support measures they think will enhance their enjoyment of the community and preserve its property values; older residents may view these projects as the equivalent of the green bananas they jokingly refuse to buy because “we won’t live long enough to eat them.” For association boards, balancing the differing needs and perceptions of these two populations will be challenging – to say the least.
An even more serious perception problem results from the erroneous assumption – shared by many owners and their families - that community associations are the equivalent of assisted living communities. This creates a mismatch between the resources and services residents may expect and the resources and services associations have and are able to provide -- mismatch community associations are going to have to recognize and address.
The key question implied by the problem outlined here is: What can a condominium association do to help its aging residents. The answer, seemingly insensitive, perhaps, but essential, is: Not much.
The instinct to help a resident who falls in the parking lot is admirable, but there are times when doing too much to help can create liability.
When a resident is not capable of daily life functions such as cooking, cleaning, trash removal, navigating the elevator and hallways –they probably need more assistance than the Association can or should give.
Some situations may require the board’s intervention. If an owner’s behavior threatens the health or safety or property of other residents, the board has an obligation to act, for example, by calling the Department of Public Health or the Fire Department to address health or fire hazards in the owner’s unit. But barring an imminent threat to others, the board’s actions, if any, should be incremental and at arm’s length. They should also as much as possible combine compassion and creativity with an awareness of the association’s potential liability risks.
Analyze the demographics of your community to gauge the extent to which age-related problems are likely to become a concern if they aren’t already.
Collect emergency contact information for all residents and update it periodically. The first step in dealing with owners who need assistance is to call family members and inform them of the concern.
Collect information about elder services available in the community. If family members aren’t available or responsive, this is the second call you should make. The Department of Public Health and the mayor’s office are good places to start. Local hospitals also may be a good source of information and assistance; so are churches and synagogues and community service organizations.
Develop written protocols for responding to emergencies. These guidelines should specify circumstances in which you will enter a unit without permission and detail the procedures you will follow if you do so.
Encourage residents to watch out for each other generally and to keep an eye on their older neighbors in particular. Consider establishing a volunteer committee responsible for checking periodically on older residents.
Develop procedures for dealing with owners who die in their homes – an unpleasant prospect, but one you should consider before you face it.
If you have any questions relative to this issue and/or safety within your community, please contact your MEEB attorney directly or reach us at law@meeb.com.