Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding Mentally Ill Tenant issues . . .
QUESTION: We have a renter in our complex with mental issues. He looks into windows and walks into open garages, getting up close and personal with others. He does this every day and evening. Lately, he started throwing rocks at windows. Sometimes, he is naked. The manager said it was not an HOA issue. Can the association get into trouble for not doing more to stop this behavior? -Ron Z.
ANSWER: These are the worst kinds of situations–dealing with mentally ill residents. The police should be called whenever he acts out. However, if he has his clothes on when they arrive and has not threatened anyone, they can’t do anything. The lack of threats also makes it unlikely anyone could get a restraining order against him.
Call Health Services. The board could call the county’s health services. Unfortunately, they lack police powers and generally require the person’s cooperation to enter counseling, which is often not forthcoming. At best, they could put him in a 72-hour psychiatric hold. Once the hold is over, he is back in the community.
Put the Owner on Notice. Even if the board is not legally required to intervene, members will expect directors to do something. The best course of action is to put the owner on notice of his tenant’s behavior, call him to a hearing, and levy fines.
Potential Legal Action. In addition, the board should demand the owner evict his tenant. Make it clear the association may have no choice but to sue the owner if he does not cooperate. Let him know he may be liable for any injuries or damage caused by his tenant. This approach is usually effective. Owners do not want to be in legal proceedings defending their tenant’s behavior.
DISCLAIMER. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel. You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.
