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HOA wants to outlaw owners from hoarding in their units

  
  
  
  
  

We have several homeowners that have a history of hoarding and we want to prepare a resolution stating we have the right to inspect their unit once a month. Does anyone out there have a resolution regarding hoarding and how it is handled?

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Comments

In our by-laws (Michigan) management has the right and may enter a unit without owner's permission. (I'm sure there is protocol to follow.) 
 
We had a similar situation where management and board thought they owner's property was inhabitable, and we called the Public Health Department to come out with management for an inspection. The the condo was immediately condemned, later professionally cleaned (at the cost of the owner), and every quarter the unit is inspected.
Posted @ Monday, October 17, 2011 8:04 AM by ro-ro
Just because the rules say you may enter a unit without permission does not give you the right. The OP who says call the police/health department and let them take care of it.
Posted @ Monday, October 17, 2011 8:07 AM by Walter Ward
It's not unusual to have a provision in the Condo CCRs what allows the board to enter a unit but I believe it's only for an emergency situation, i.e., broken water pipes, etc. I doubt that authority means the assn can just "inspect" the units whenever they like for whatever reason. Let's turn the tables here -- how would you like the board to come in an inspect you unit because someone claimed you were hoarding? 
 
As ro-ro stated, the Health Dept should be called. Let them handle the situation; it's their job, not yours.  
 
Everyone is entitled to a little privacy, don't you think? 
 
BTW, if hoarding is not addressed in your CCRs, or would not fall under another category, then the BOD cannot just adopt a resolution addessing hoarding.
Posted @ Monday, October 17, 2011 8:51 AM by mary
Are you housing police? Since when do you have a right to go into someones home to see if there living up to your standards. If there hoarding then that's there problem and mess to deal with. That I know of there is no law against hoarding. I don't agree with hoarders but that is there problem not some HOA who feels they have to run peoples private lives.  
 
How would you like it if someone comes into your home to make sure your not over eating or your not cleaning up to there standards. 
 
Posted @ Monday, October 17, 2011 9:09 AM by Victor
Your governing documents (declaration, CC&Rs, etc.) probably already contain the rules you need without having to reinvent the wheel. These existing rules are probably better written and give better guidelines than you could invent by a resolution. Check your documents for Ownership Interests for cross easements, meaning the right of the association to enter a unit, or not, and under what circumstances. Also check the maintenance section for the duties of the owner to perhaps maintain the "interior in a clean and sanitary condition...". And check the rules sections (Restrictions, CC&Rs or whatever it is called in your docs) for owner responsibilities regarding cleanliness, sanitary condition, objectionable odors, anything that will increase the rate of insurance, etc. It is probably already there. 
 
Do be careful and consult a lawyer. The easiest thing to do is call the Health Department.
Posted @ Monday, October 17, 2011 10:46 AM by
Hoarding? An HOA problem? How about calling the cops because someone is depressed, or hasn't washed in the past week? How intrusive can you get.  
Are you worried about bugs? Send in the exterminator. If there is an extreme dase call the Health Department. there is no place in your rules for you to tell me what I may or may not collect.
Posted @ Monday, October 17, 2011 10:57 AM by Harold Rudefer
harold rudefer refers to "collecting." He's right. I have an immense collection of walking canes. (More than 500) What if my condo had a rule against hoarding?
Posted @ Monday, October 17, 2011 11:09 AM by Bob Berman
The issue is not hoarding, but rather the possible affects of some types hoarding: insect and/or rodent infestation, odor, fire hazard, sanitary conditions, anything that would cause insurance claims and an increase in the rate of insurance for the association or other units. Anything that could spread to other units. Any resolution should not mention hoarding, only the affects. As mentioned above, there are health laws and association rules against these problems, not hoarding. 
 
Do you have any of these problems? Are you in an apartment style condominium or separate home community? 
Posted @ Monday, October 17, 2011 11:42 AM by J
Extreme hoarding can definitely be an association concern. Think of a unit stuffed wall to wall and floor to ceiling with decades of unopened mail, newspapers, and paper shopping bags: a definite fire hazard. 
 
In such a situation, a board has the right, and probably the duty, to intervene to prevent injury, fire damage, and increased insurance costs. 
 
In most cases, condo by-laws include a provision requiring the owners to maintain their units in a safe and sanitary condition or prohibiting owners from creating a nuisance. 
 
On the other hand, "collecting" which does not present a safety hazard, a nuisance, or an unlawful should not be regulated by the association.  
 
Monthly inspection seems a bit extreme, and I would question a regulation that is aimed at specific individuals. 
 
In an unsafe situation is discovered, it may be best to refer it to the health department or take action legal action as prescribed in the by-laws.
Posted @ Monday, October 17, 2011 11:59 AM by Mike
If through word of mouth you find bugs, rat infestation problems then by all means call the board of health! Once a month condo inspections are a prison tactic!  
If you do that once a month inspection are you going to look under the beds? Are you going to look in closets! Maybe there hoarding things in the attic! Can you be any more intrusive? Stupid idea that goes against basic freedom.  
 
The issues you speak about might have problems attached to them; then and only then should you get involved as a board! 
 
Just the thought of you posting about condo inspections make me wonder but doesn't surprise me when it comes to condo boards. Some of the people on these boards are the biggest know nothings with exactly zero people skills. They only know what they and only they feel is the right thing to do and they won't compromise. I truly hope that everyone on the board didn't agree to condo inspections because it sounds likes it's going to be the type of condo ass that tuns everything into a condo war which wastes everyone's time. 
 
Good luck and by all means search for info on conflict/resolution or how to mediate a situation. You know to upgrade your people skills! 
 
Posted @ Monday, October 17, 2011 12:59 PM by Victor
We are in apartment style condo. The inspections would be coordinated with the homeowner. The units who hoard could present a health or safety hazard if left unattended.
Posted @ Monday, October 17, 2011 1:21 PM by Stephen Polinski
What state are you in? 
Posted @ Monday, October 17, 2011 1:33 PM by Victor
Call the Board of Health or fire department. It effects everyone if there is a fire.
Posted @ Monday, October 17, 2011 5:58 PM by Phyllis
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