Page 5 - New England Condominium September 2021

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -SEPTEMBER 2021 5 Write to New England Condominium and we’ll publish your question, along with a response from one of our attorney advi- sors. Questions may be edited for taste, length and clarity. Send your questions to: patgale@yrinc.com. Q&A QUESTIONS & ANSWERS Legal Q A& A Property Management Company You Can Trust At J. Butler Property Management, LLC., we measure our success in terms of client satisfaction and take a long-term view of every relationship. www.jbutlerpropertymgmt.com 978.694.9004 James R. Butler IV Executive Manager • Family owned and managed Massachusetts based property management company • Blends management expertise with open communication between the board, unit owners and managing agent, making for a healthier property • Superior cost cutting strategies and vendor pricing • Community website, work order system, online payments • An in-house maintenance team that is able to reduce costs and offer an unparalleled level of service Disclaimer: Th e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specifi c circumstances. Always seek the advice of competent legal counsel or other qualifi ed profes- sionals with any questions you may have regard- ing technical or legal issues. Handling Hoarders Q I live in a mid-rise condomini- um, and my next door neighbor is a hoarder. She frequently leaves her door open and it’s easy to see that there’s a problem. I complained to the building management several times, but nothing has improved. Th e smell is awful; I have a feeling that her unit has mice, roaches, and probably other vermin, too. What can I do? —Disgusted Neighbor A “Addressing the challenges of having a hoarder in the com- munity is always diffi cult,” says Scott J. Sander Jr. of Sandler & Hansen, LLC, in Middletown, Connecticut. “On the one hand, the association is concerned about the health and safety of the residents. On the other hand, hoarding is recognized as a disability, and even the hoarder him or herself is frustrated with the condition. “Associations are typically empowered neighbor who is interfering with the peace- to address health and safety issues, but the ful enjoyment of their unit. An owner may of the hoarder and that of his or her neigh- practical use of that power is limited. Impos- ing a fi ne is unlikely to adequately resolve And unlike the association, the owner is not this problem. In many cases, the hoarder constrained by fair housing laws because he seek a legal remedy on their own behalf. simply cannot stop them themselves. En- tering the hoarder’s unit and clearing it out against his or her will is also problematic, is no clean and easy resolution. Th at said, own legal action, rather than association opening the association to any number of I recommend the following in the hopes of doing so at the expense of the community.” potential legal claims. And since hoarding fi nding a solution: is a disability, the association must proceed very carefully because it could be accused with the hoarder. I have seen situations of violating federal fair housing laws, which where the hoarder does clean up the unit prohibit housing providers (including com- munity associations) from discriminating cause of the nature of the disability, how- against protected classes, including people ever, it may be necessary to raise the issue with disabilities. “Th e governing documents of many tends to relapse periodically. communities contain provisions that pro- hibit behavior that interferes with the rights hoarder’s family. Let them know that the of other owners to peacefully enjoy the use community is concerned for the safety of of their units. Many owners expect the as- sociation to enforce these provisions. How- ever, these provisions are incorporated into ties, such as the fi re marshal, the building the governing documents to provide own- ers with their own causes of action against a human services. Again, let them know that sue his or her neighbor to curb such activity. bors. or she is not a housing provider. “Clearly, this is an issue for which there dividual owner to proceed with his or her “Attempt to address the issue directly when the association raises the issue. Be- repeatedly over the years, as the hoarder “If known, contact the members of the the hoarder and that of his or her neighbors. “Contact local health and safety authori- inspector, or the department of health and the community is concerned for the safety “Remind the neighbors of their right to Sometimes, it makes more sense for an in-