The next step may be to employ legal remedies by getting the attorney involved. In my discussions with some of thef most respected attorneys who work regularlyk


in community


association law, I was told the legal process can be effective but may take time to reach a full resolution. The board has a legal right to access a unit for the purpose of inspectingf a common element or a limited common element. If thef actions of af hoarding unit owner are impacting an adjoining unit owner’s right to enjoy their unit and it may be affecting the common elements, the board may elect to seek entry.


k


If the unit owner who is believed to be a hoarder does not allow entry into his/her unit, the board may seek somek of arbitrationf


form


court approval to force entry into the unit for inspection. Regardless of the path taken to arrive at the point of entry,


or perhaps retain legal counsel and request f


the board must gain entry in order to properly evaluate if there is an issue in need of af remedy.


Once thecompletion of af visual inspectionhas occurred and it is determined that a hoarding issue is in place, the board needs to decide what the next step(s) should be toward a resolution. Keep in mind whether you are a board member or a managing agent, that the association’s attorney should be helping to guide the process so as to stay within the law and allow for protection of the rights for the hoarder, the adjacent unit owner(s) as well as the board. If thef


In the show “Hoarders,” the problemis typically diagnosed, addressed, and resolved very neatly within 60-minutes… including commercials. However, in reality, the issues related to a unit owner who is a hoarder can last many months or possibly longer. Even with a court that decides in favor of the board, cleaning the unit and allowing the unit owner possession afterward does not guarantee the hoarding issues will not arise again. If thef


board is faced


with this particular issue, again the first order of business is to work ink lockstep with legal counsel. The boardmay elect to ask ak court for a forced sale of thef


the issue permanently. These types of actionsf


unit in order to remedy are rare, but


all legal options have to be considered as the board has a fiduciary obligation to manage the affairs of thef


property


and that includes addressing the most severe issues such as hoarding.


Board members are volunteers and the thought of havingf to deal with yet another issue in addition to all the other items needing attention at the property is certainly not fun. We live in communities and the rules apply to everyone and sometimes board members are faced with real nightmares. For the rest of us,f


nightmares might simply be a matter of hoarding


unitowner will notcomply with the demands of the board to remedy the situation, a complaint can be filed with a court to request possession of the unit. This is similar to Forcible Entry and Detainer action a board can take for a unit owner who is severely past due with their assessment payments. The goal is for the board to remove the owner fromthe unit and take possession but not ownership of that


f


the board has possession of the unit, proactive measures ca


c n be employed to remedy the hoarding issues.


what we dream about in our sleep or a long putt on a fast green. They are good stories to tell our family, friends, or co-workers. It might even be a good post on your favorite social media platform. For others, the nightmare of living adjacent to a hoarder can mean loss of propertyf


values unit. Once


or even potential health issues. The prospect of having to deal with a unit owner who is in violation of the rules and regulations while simultaneously suffering from mental health issues needs to be carefully addressed and with special regard to any legal implications. Hoarding does not need to be ignored but rather dealt with in a deliberate manner and with your attorney and manager at your side.


14 | COMMON INTEREST®


• Fall 2023 • A Publication of CAI-Illinois Chapter


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