MENTAL ILLNESS and Board Duties

MENTAL ILLNESS and Board Duties

Below is a helpful tip from the Newsletter by ADAMS | STIRLING PLC regarding mental illness, board members, and duties.

QUESTION: One of our members appears to have a mental issue causing her to harass her next door neighbor by playing loud noises throughout the night (cats meowing, car sounds, thumping noises, etc.). She was arrested when police discovered she had placed a speaker in her attic facing her neighbors’ wall. The neighbors called law enforcement several times before the arrest and were advised by officers that they should direct their complaints to the HOA. At what point should or must a board get involved in neighbor-to-neighbor disputes? -Guy S.

ANSWER: If you have a nuisance provision in your CC&Rs, the board is obligated to investigate and determine if a complaint has merit. If it does, the board should take appropriate action. The fact that police found a speaker in the attic disrupting the quiet enjoyment of the woman’s neighbor is sufficient evidence to hold a hearing and levy fines against her.

Executive Session. As noted in our May 2 newsletter, mental illness is not addressed in the Davis-Stirling Act’s list of executive session topics. Even though it’s not specified, directors should discuss these kinds of issues in private and with legal counsel. Talking about the mental illness of an owner in open session could land the board in a lawsuit. Hence, our expanded list of what can be covered in executive session.

DISCLAIMER. The 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.