Question:
Hoarders on Condo Property. Owner is a hoarder (may have mental issues) and facts are known by the Board. They have attracted rats to their property. Now, rats are coming into other condos in bulding and adjacent buildings. Mgmt. has contacted Pest control specializing in rats/squirrels, possums, etc.
Question: What are the rights of the rest of the owners of the property? There is nothing in the R&R and Bylaws of this condo HOA. If the owner/family doesn’t take care of the property in the course of usual living (i.e. clean up property), having pest control defeats the purpose. If this person has mental issues and cannot take care of themselves, then they belong in an assisted living facility, NOT A CONDO COMMUNITY. THE HOA SHOULDN’T BE SUBJECTED TO THIS FILTH CAUSING A RODENT PROBLEM TO THE COMMUNITY.
– Stephanie
Answer:
Hi Stephanie,
Kindly review the governing documents to see what responsibilities unit owners have in terms of maintaining their property. If the resident is not fulfilling their duty, you may raise this issue with the condo board as it may be a violation of the association rules. Moreover, according to the Texas Uniform Condominium Act Section 82.117(3), unit owners must also pay for damage to the condominium caused by the negligence or wilful misconduct of the owner. This may or may not be applicable depending on the interpretation of the law. Kindly consult a lawyer for further guidance.
Apart from this, the condominium association is generally not allowed to discriminate against residents based on disability, including mental disability, according to the Texas Fair Housing Act. Thus, they cannot deny accommodations to the unit owner based on their disability.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
