Hoarders – Not Just a TV Show

From the WB Condo Connection – Volume 4, Issue 2
Hoarding is the act of collecting items in an obsessive manner. This obsession is becoming an increasing problem in condo communities as it leads to both health and fire safety concerns. Below are accounts from two of our property managers about this issue – names and locations have been withheld for the protection of owner’s legal rights.
One of the most difficult issues my Board has dealt with is a unit owner who has progressively gone downhill and the state of the unit interior and exterior is becoming a health issue and hazard for others in the community.
There was a fair amount of conflicting information when the Board sought legal advice on the best method of handling the issue. Involve the fire department or don’t involve the fire department, seek help from the local health unit, use only the Corporation’s documents for enforcement, or use a combination of all three?
Compounding the issue is the fact that you are not only dealing with someone’s home and personal possessions, there is also a possibility of mental health issues. Boards are faced with the obligation to enforce compliance of the Corporation’s documents with someone who might not have the capacity to understand the consequences of their actions.
The personal aspect of this issue has been the hardest for the Board to come to terms with, balancing the rights of other owners to a safe and healthy home environment, with the fact that their decisions may possibly force someone from their home.
The Board mandated enforcement through legal remedies, issuing compliance letters to clean up both the garage and back yard, and then went back to the fire department with the Fire Marshall’s directive to investigate all complaints of hoarders as a fire risk, which came from the FMO’s report in Toronto. The fire department agreed to investigate and they have also contacted the local mental health clinic to assist the owner in this process.
I wish I could say that it ended well, but we are still in the process of beginning the clean up and as all costs associated with this matter are charged back to the unit owner, the Board will be beginning the process of power of sale proceedings.
Upon entry to a particular unit for a major repair, it was found that the staircase was so cluttered it was almost impossible for the contractors to get upstairs. When they finally got into the main living portion of the unit it was discovered that there were boxes and clothing strewn about. The kitchen was a disaster – there were mice and droppings throughout the sink and counter and both food and garbage was left out in the open.
I informed the board and also contacted legal counsel and was told that I could try the Fire Department. The Fire Department tried on numerous occasions to gain access to the unit but to no avail as the owner always had an excuse as to why they could not enter. After being given an ultimatum, the owner finally allowed entry to the Fire Department. Items that were found included boxes against the baseboard heaters, items stored in front of the fireplace, items stored on top of the stove and there were no working smoke or carbon monoxide detectors. The Fire Department installed these items free of charge however because of electrical issues they turned off the outside power to the unit as well as red flagged the unit at the Fire Department.
The owner was given 30 days to clean up, however the excuses for not entering started all over again until the Fire Department finally washed their hands of this and turned the issue back to the condo corporation’s corner. The Board requested a letter be issued to the unit owner as a final notice requesting the property manager be allowed access to the unit. Three days before entry was to be made the appointment was cancelled by the owner. A new appointment was set up and on the day of the access the appointment was cancelled again. The Board has now decided that if the owner does not allow access they will take legal action and all expenses will be charged back to the unit.