Q:I am an owner in a building of eight units that is part of a larger complex. I have a concern about one of our very elderly owners who was diagnosed two years ago with Alzheimer's disease. He has no immediate family and a caretaker comes daily for a few hours. He is left alone for several hours and overnight.
Is there any action or that the board of directors can take to protect me and other owners?
He has left the stove on in the past, and we fear he could injure himself and/or other owners. He is a longtime owner who, in the past, devoted much of his time to our association. I mention this so you know that our concern is based upon the potential danger to others and is not vindictive in any way.– K. A., via email
A:You are right to be concerned for this gentleman as well as for yourself and other residents. These are sad and potentially dangerous situations.
I understand that you do not wish to compound a bad situation. That is commendable. Dealing with someone with severe mental incapacity requires some professional assistance. As a first step, I would ordinarily recommend that you contact his close family, but you indicate that he has none. That makes the situation much worse, but that is not uncommon.
More and more elderly people are opting to "age in place," meaning that they stay where they have lived for many years, even when they cannot adequately care for themselves.
Assisted living facilities and nursing homes are expensive, and the costs may not be fully covered by insurance or other benefit plans, such as Medicare. Even the forms that need to be filled out would confound most of us. Imagine trying to do that with Alzheimer's. Add to that the loss of pride in having to accept that you can no longer drive, feed yourself or maybe even know where you are. Horrific.
Your association has an obligation, even if it is not necessarily a legal one, to help someone who has been a contributing member for many years. Plus, you do not want him or others to be endangered. If he accidentally burned the building down and the board knew he was impaired and did nothing, the association could be held legally liable.
I know that our community has services that can assist. I would suggest contacting our local Alzheimer's Association, which can be found on the Web at www.alz.org/flgulfcoast/. This non-profit organization serves many counties, including Manatee, Sarasota and Charlotte. That is a good resource and may be able to give you direction to get help for your neighbor.
TOO MUCH NOISE
Last week, I attended the kick-off meeting of Sarasota Condominium Owners, Inc. I went on my own initiative and on my own dime to determine what was up with this. I had received a direct mailing as a resident of a condo unit in the city of Sarasota. The mailer promised that the organization was for the purpose of expanding the "knowledge and influence of Sarasota's condominium unit owners."
I believe there is power in numbers. Sharing information that is not confidential or proprietary among similarly situated communities also makes sense. If you read my column, you should have guessed a "but" is coming.
The "but" is that it is all well and good to be against things. It sometimes takes more vision and courage to be "for" something. Not always, yet sometimes.
Why is it that the most recent arrivals want to slam the gate behind them when they get here? Much is being made in the city election run-off over Sarasota's noise ordinances. I see both sides, but I listened to speakers at this meeting whip up an audience with Chicken Little statements such as that Main Street is one step away from being Bourbon Street.
Really? Then they have never been to New Orleans. Besides, acreage in Myakka or Arcadia is probably pretty quiet and a lot less expensive than living in a mixed-use building in downtown Sarasota.
Noise ordinances can and do work. Zoning ordinances can prevent the proliferation of bars. The city of Sarasota can learn from other similarly situated communities on the West Coast of Florida and elsewhere. No need to reinvent the wheel.
Community associations can learn from that as well. Go out there and find out who has forged a path. Either follow it or figure out what went wrong and try to fix it. Network.
Tamela Eady is a Florida Bar board-certified real estate attorney with 25 years' experience. The subjects discussed in her columns are not intended as specific legal advice to anyone and are subject to principles that may change from time to time. Questions may be modified for clarity or for brevity. Email questions for possible inclusion in a future column to tke@eadylaw.com.
