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Depending on its gravity, hoarding can pose health and life-safety threats to fellow residents, causing foul odors and pest-control issues that spill over into hallways and neighboring units, as well as potential fire hazards.
Despite being a nuisance, it is important to remember that compulsive hoarding is a disorder, one which usually implies some sort of mental health issue.
If it is established that the management company will retain ownership of the site, the associations attorney should then assess whether or not the agreement details the terms for transitioning the associations website content.
Ownership of the website will come into play if the association decides to terminate the management agreement, as the association may be accused of violating the law if such a termination causes the website to be shut down for any period of time.
Regardless of which option is chosen, association boards of directors should designate who will be in charge of uploading and updating the required documents to prevent any confusion or violation of the law in the future.
It would also be to an associations advantage to have its legal counsel review the website in order to help ensure that it is in compliance with the new law.
Should the resident ignore the violation notice letter, it is recommended that associations enlist the help of government agencies to handle the enforcement.
Agencies such as the health, fire and building departments, as well as city and/or county code enforcement, can step in and attempt to resolve the issue or, at the very least, inspect the unit and create a report that the association could then use if it is compelled to file a lawsuit against the hoarder.
In such cases, after warnings, incident reports and fines have failed to have any effect, legal action can serve as an effective recourse.Bear in mind that the websites or web portals can either be wholly owned and operated by the association, or operated by a third-party provider.However, even if an associations management company will be providing such services, it is important for the associations legal counsel to review the management contract in order to determine who owns the website and whether it confirms that all of the required documents will be included.Though it would seem like these provisions would give an association the authority to enter a unit in order to investigate if hoarding is taking place, we discourage boards from entering a unit (without the owners consent) on this basis, unless an actual and verifiable emergency exists.Entering units under false pretenses could expose an association to significant liability.
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He repeatedly and rudely interferes with conversations taking place between management and other residents concerning personal matters," reads the complaint.