According to the U.S. Census Bureau:

• Nearly 31% of women aged 65-74 live alone
• Nearly 49% of women over age 75 live alone
• 14% of men aged 64-74 live alone
• 21% of men aged 75 and over live alone

      1.  Know the Statistics and What They Mean

The statistics show the importance of preparing for aging members of the community who likely lives alone and without family nearby.

As the number of aging residents increases in your community, there is a corresponding increase in the number of aging residents who struggle to take care of themselves and their property.

This struggle may pose a threat to the aging residents themselves and the community and its property. While the association may not want to get involved with the personal affairs of its members, ignoring the issues may result in tragedy.

Consider an elderly resident who repeatedly leaves the water on and floods three other units. What if an elderly couple repeatedly leaves a pot of boiling water on the stove that finally catches fire? What does a board member do when the phone rings because an elderly resident is disturbing the neighbors’ peace? Think of the claims the association might face given these considerations:

1. 1. Elderly residents with special needs have a right to fully enjoy their units.
   2. They also have a right to privacy.
   3. The association is responsible to ensure the health and safety of all residents once it knows of a potential problem.
   4. The association must protect other residents’ right to the “quiet enjoyment” of their units.
   5. The association must protect its property.

Having a plan and procedures in place to follow when an elderly resident poses a risk to the safety of others can reduce the emotional guesswork and the potential for liability and harm.

While putting a plan in place sounds simple enough, the association needs to create a plan that reflects its duties under the law and within its governing documents.

          2.  Know the Law

Both federal and state laws set boundaries when dealing with elderly, disabled residents. The Federal Fair Housing Act and individual State Civil Rights Acts prohibit discrimination against individuals with physical or mental disabilities, as well as age-based discrimination. Each law may require the association to permit special accommodations for those individuals.

The Fair Housing Act and State Civil Rights Acts require associations to permit “reasonable accommodations” to the rules, practices, policies, and services when necessary to provide residents with disabilities “an equal opportunity to use and enjoy a dwelling.” Classic examples include permitting a seeing-eye dog to live with a resident even if the restrictions prohibit dogs in the community and permitting a disabled resident to construct a wheelchair ramp or to use a parking spot closer to the resident’s home.

Unfortunately, in many cases the association will encounter a situation that is not so clear and it will not know exactly how to balance the competing rights of the individual with the rights and duties of the association. The law anticipates this problem and looks for the existence of a process in which the parties work together to solve problems and arrive at mutual decisions and solutions. Most often, state laws or the governing documents allow boards to intervene when a condition exists that threatens the health, safety, or property of other persons.

        3.  Know the Facts (and put them in writing!)

Whenever there are complaints or concerns from any resident regarding an elderly resident, instruct the complainant to: “Put it in writing.” Also, be sure to include any discussion of the issue in meeting minutes. This way, when the board acts, there is a recorded history existing to explain why the action was necessary and show the association was not ignoring the problem.

         4.  Know the Plan

The association’s plan of action should contain these 3 steps:

a. Communicate in writing with the resident. The association must communicate with the elderly resident, in writing, any time there is a concern for the individual’s safety or the safety of any other resident or property. Use a gentle tone. Describe in factual detail the behavior the association sees as threatening or otherwise problematic. Describe how the behavior poses a threat to the resident’s personal health, safety and welfare, or property, as well as that of other residents and the community.

b. Communicate with the family. When there is no change in the situation or no response to the letter, contact the resident’s family. Communicate in writing. Again, use a gentle tone and be fact specific.

Generally, elderly residents’ relatives will step in to ensure proper care for the resident and relieve the association of the responsibility.

c. Contact support services for the elderly. When family members fail to act, the association may seek help from social service agencies. The city, county, and state all have agencies equipped for dealing with the elderly. It is best to start locally and work from there. Often, local agencies provide services directly to elderly residents. If and when they do not, they will refer the association to an agency that will.

Private agencies can also help. Though private agencies are often affiliated with religious organizations, they are often funded by the government and will provide services to any elderly person in need.

To find an agency in your area, you may call Eldercare Locator at 1-800-677-1116. This number is a service of the National Association of Area Agencies on Aging.

          5.  File a court action.

This step is the last resort. When each of the processes above fail and no person or agency is able to help, there are solutions courts can offer under local and state law. One potential solution is having a guardian appointed to manage the physical and financial affairs of the resident. In addition, a court can order a person or anything posing a danger be removed from the residence.

In Massachusetts, a court ordered locks to be put on a stove and oven to prevent an elderly couple from using them. Further, the court ordered the couple to hire a caretaker who would have a key to the stove to come in and prepare meals for them. In Florida, a judge simply ordered the stove be removed from the home altogether.

Fortunately, few situations will require such extreme measures. When necessary, however, the courts are available to help.

         6.  Know You Are Neighbors

Realizing you are neighbors is important when the association is faced with what may be an emotionally charged situation. Keep this in mind before you act and when following your plan of action.

Statistics show that associations will be dealing with an ever-increasing aged population. Associations need to prepare for the challenges this population brings. As with anything else, knowledge and a plan of action will limit liability and strengthen the association’s confidence to deal with difficult issues.