|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
SueF
(Colorado)
Posts:3
 |
| 02/18/2006 3:12 PM |
|
| Our community has a woman, age 60, who is mentally ill and lives alone. In the last 6 months, she has: gone to our tree trimming firm and verbally abused them; has verbally abused board members; visited our management company and verbally abused them; and verbally abused our snow removal contract workers. Her brother, who is in charge of her, doesn't get along with her and is reluctant to help us with her. Any suggestions? |
|
|
|
|
LisaS
(Illinois)
Posts:339
|
| 02/19/2006 2:55 PM |
|
Thsi would seem to be a police matter as opposed to an HOA matter. Perhaps if the police can step in and assist/mediate they can either force the brother to take control of the situation or make arrangements for this woman to receive the help she needs under the guardianship of someone else.
Either way, it likely needs to be dealt with prior to someone becoming physical with her or vice versa.
Good luck!
Lisa |
|
|
|
|
LindaJ
Posts:0
|
| 02/19/2006 9:01 PM |
|
| Sue, regardless of the severity of this woman's illness, I would recommend that the Board of Directors send a letter to her and explain the rules of your association. In our association, if a homeowner has a concern, they need to address it to the Board in writing. We have provided the homeowners with a form to use for all communications (e.g., to request information, report association violations, request maintenance and repairs, report problems, etc.). She needs to be told that the contractors work for the "entire association", and they have been hired by the Board of Directors. Therefore, the Board needs to be involved in "all" communications between homeowners and contractors. Without this control the Board is not capable of doing their job. Tell all your homeowners that the Board has to be kept in the loop so you can handle their concerns and be able to make sound decisions when there are contractor problems. Good luck!! |
|
|
|
|
SueF
(Colorado)
Posts:3
|
| 02/20/2006 7:49 AM |
|
LisaS,
Thanks for your suggestion... you're right - getting it taken care of before it escalates to physical matters is something to be very concerned over.
SueF |
|
|
|
|
SueF
(Colorado)
Posts:3
|
| 02/20/2006 7:53 AM |
|
Linda,
Your suggestions are very helpful. We are in the process of composing a letter to her and these items will be included.
The bottom line is that we are all hoping that she gets the help that she is needing.
I appreciate your input.
Sue
|
|
|
|
|
EdR
(Texas)
Posts:170
|
| 02/20/2006 9:16 AM |
|
Your security person (if you have one) should handle this and report it to the police. This is too personal a matter for the assn. to take on. We had a similar situation--a woman who didn't take her medication, and because of that, went around exposing herself to homeowners. The board didn't need to know about it; the police were called and it hasn't happened again. The police dealt with her husband to have him make sure she took her meds. There needs to be separation between personal situations and matters that involve the assn.--this may fall under defamation if not careful.
EdR |
|
|
|
|
MercedesB
(Texas)
Posts:6
|
| 02/20/2006 9:47 AM |
|
This is a most unfortunate situation and one that I have dealt with several times as Board president. The worst case was an elderly resident with severe dementia who lived alone and posed a threat to her own safety and well-being as well as to her neighbors in our high-rise co-op building.
We were very concerned not only about this woman, but also about liability and a threat to our association, in case of harm or injury resulting from this woman's condition.
Our legal counsel advised us (Board and management company) to make serious attempts to contact family members, alert them of the situation and persuade them to get involved.
This was not an easy situation and took numerous attempts, phone calls, letters and the like.
Matters were complicated because she was a nationally prominent person whose family lived hundreds of miles away. As someone who was always fiercely independent and who never married or had children, she was basically alone. As her mental state deteriorated, it was clear she could no longer care for herself. Eventually, a judge had to intervene and assign a guardian for the woman to place her in a suitable facility for her care. It made national headlines. This process took almost a year, but we managed to avoid any calamities.
Bottom line: The Board, together with the Manager or Management Company, must take a pro-active approach, document every step taken and involve legal counsel, if necessary, to protect all residents and the association.
Best of luck. |
|
|
|
|
HankL
(Maryland)
Posts:47
|
| 02/20/2006 2:04 PM |
|
| You should familiarize yourself with the Americans With Disabilities Act. Telling her the rules in her condition will not stand up in court. The Police are the least of your allies. The woman's doctor can order that she be removes as a hazard to herself or others. That is the rule to go with, assuming you are in good shape with documenting the situation. There are other govt agencies that can help. Not the Police until the doctor gets a court order. |
|
|
|
|
LisaS
(Illinois)
Posts:339
|
| 02/20/2006 2:36 PM |
|
| The police can remove her to the hospital if she becomes agitated or is not deemed in a coherent state ("impaired capacity") . The HOSPITAL can then evaluate her, contact her family, doctor, etc. in order to decide what to do. The HOA cannot contact her doctor (and how would they know who he was anyway?). Also, ADA is not applicable. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|