Homeownership is a long-term commitment for most. In the context of a multifamily community like a condo or co-op, it’s not unusual for many owners and shareholders in the building to have purchased their units around the same time in early adulthood or middle age, raised their families there, and stayed put after the kids have launched—choosing to ‘age in place.’ Aging-in-place senior residents can represent a significant minority—one with its own needs and challenges, which often require some special consideration and accommodation from boards and managers.  

Know Your Neighbors 

It’s tough to know how to address a given population’s needs if you don’t have a firm understanding of the population itself. According to Annette Byrd, CMCA, PCAM and President of Associa Gulf Coast in St. Petersburg, Florida, “The first step in preparing communities for aging residents is to understand the true demographics of the associations themselves. ‘Aging in place’ has been trending in recent years, and poses an important consideration for boards of directors and management companies. Surveying residents and collecting information when move-ins or transfer of ownership occurs are some ways to establish the demographics of the resident population.  This information will help in prioritizing the considerations to create a healthy, inclusive community.”

Unique Challenges 

 “There are many specific considerations when evaluating the needs of aging residents,” Byrd continues. “For example, accessibility, financial constraints, communication, social engagement, policies to prevent discrimination and to foster inclusivity are just some of the concerns that should be addressed. Perhaps the most important is ensuring open lines of communication with residents and providing an avenue for them to express their needs and desires to help them enjoy their home and lifestyle.”

Scott B. Piekarsky, a principal with law firm Offit Kurman in Hackensack, New Jersey agrees, adding that “in New Jersey, we’ll often have situations with elderly folks who are living alone, and they’re potentially being neglected or cannot take care of themselves–or it may be a behavioral health issue on top of a medical issue.” 

According to Susan Birenbaum, LCSW, a New York-based therapist whose firm offers co-op/condo advisory and psychotherapy for aging adults and their families, as this cohort of residents has aged, “It’s of course more common for them to live with health challenges [and] illnesses ranging from heart problems to diabetes to mobility limitations, cognitive decline and dementia. Day-to-day housekeeping tasks may be neglected as their ability to manage cleaning deteriorates. 

Respect Your Elders

When an older neighbor is struggling with one or more of these issues, what responsibility–moral, legal or otherwise–do co-op, condo, and HOA communities have toward that community member? Is that responsibility different in any way from the rest of the resident population? 

In short, no, says William McCracken, a partner with New York City-based law firm Moritt Hock & Hamroff. That being said, “By law, every building should be equipped to handle the needs of elderly and disabled residents. Therefore, it helps to know the building population well enough to cater to specific needs and issues. It’s also useful for the building managers to be familiar with social service programs available to residents in their particular area, and to have ongoing working relationships with the people running them.”

Matthew Gaines, a partner at Marcus, Errico, Emmer & Brooks, a law firm located in Braintree, Massachusetts, elaborates; “The short answer is that condo communities that have an elderly population by default are not nursing homes or assisted living facilities,” he says. “They are still condominium associations. They are not and should not become the caretakers for these people. On the other hand, the board and the property’s management want to maintain a harmonious community. That harmony would include protection, wellness, and safety for residents. Therefore, there are things they must do that other condo communities with a younger residency might not.”

So, while there is no concrete legal obligation for boards to provide special consideration to elderly residents outside of those required under laws such as the Americans with Disabilities Act (ADA), there is a moral imperative to show care and concern for one’s neighbors and constituents.

Practical Matters Matter

An example of that care and concern is helping older residents cope with maintenance or repair projects that may impact their daily lives more profoundly than that of their younger or more able-bodied neighbors. Even from a purely practical point of view, communities, boards, and their managers need to take the needs of elderly residents into consideration when planning maintenance work or larger capital projects that might disrupt daily life for all residents, but that could represent major hardships for those who are elderly and/or have mobility challenges. 

For instance, during the replacement of the single elevator in the author’s own building, neighbors organized to help ease the impact of the six-week project on the approximately 10 elderly residents in the building. Chairs were placed at the landings next to the stairs on each floor to provide a break for those climbing to reach higher floors. A committee of neighbors also organized daily shopping trips on behalf of older residents who might have a hard time getting to and from the market. While the elevator replacement was difficult for these elderly shareholders, the care and consideration given by their neighbors was of critical importance in getting through the project.

Working with your association’s attorney to understand the law is key, says Byrd. “Development of policies that address the responsibilities of the Association while also protecting the owners’ privacy is important. Become familiar with the Federal Fair Housing Act (FFHA) and the ADA to ensure that all legal responsibilities of the association are understood.  Seek support from legal counsel for requests that may include modifications like handrail installation, or exceptions or special requests such as parking spaces close to entry doors, etc. It’s also important to become familiar with best practices involving service animals and emotional support animals.”

Setting a Workable Policy

“Long term strategic planning should be a part of the operational rhythm of every community,” Byrd continues. “Addressing the needs of aging residents is just one important topic to ensure open discussion and long-term financial planning for building modifications, staffing, lifestyle services, etc. Once the baseline demographics of a community is established, timelines for planning purposes and an inventory of ideas, initiatives, and projects can be prepared. Planned capital improvements, such as concrete curb cuts, accessible building entrance ramps, modifications to common area spaces or amenities, etc. should be included in reserve study updates and reviewed annually as budgets and reserve funding is established.”

There are many angles for boards and management to consider even when setting unofficial policy with regard to elderly residents as well. Policies must be fair and must not cross lines of liability and responsibility. And the issues go beyond access and mobility. One resident of a condominium complex in south Florida with a diverse range of ages told CooperatorNews that they have a group of resident volunteers who go door-to-door to check on elderly neighbors every day after 10:00 a.m. If a resident doesn’t respond, management is alerted to do a more thorough wellness check on the resident to make sure everything is okay. 

More than just a matter of policy, paying attention to sudden absences, or changes in an older resident’s usual routine is just good neighborliness—and can even save lives. Dan Wollman, the CEO of Gumley-Haft, a real estate management firm in Manhattan, says, “I have a building I manage where one of the residents wasn’t seen for a couple of days. After three days, the super called and the neighbors checked–turns out the resident was very ill and needed help. It was definitely a good thing they checked.”

That being said, Wollman goes on to note that “We need to keep in mind that a [condo or co-op] building isn’t a nursing home or assisted living facility. The sad truth is that it’s not our job. On the human side, we want to be thoughtful and check in on [residents] because we want to build community, because community is what shared interest living is about—but we simply don’t have the mechanism to check in on all elderly residents every day. So there has to be some balance between the two. It can’t all be left up to the building staff. They aren’t trained care professionals, and it’s not what we pay them to do. It’s a very complicated issue.”

Birenbaum concurs. “Often the board, managing agent (if there is one) and the co-op’s legal advisors don’t know what to do in order to support the residents and get them the help they need,” she says. “They may decide to write a letter to the resident and/or reach out to family members if there are any, outlining the situation and setting a remediation period, after which the shareholder’s lease may be revoked, if the problematic behavior or conditions have not been sufficiently addressed. They may also consider contacting Adult Protective Services (APS)–a move that can have mixed results.”

Do’s, Don’ts, & Other Considerations

According to Wollman, one simple but vital tool for managing on behalf of elderly community members is a list of residents “who might be infirm, or need help, or are otherwise challenged, so that in an emergency we know which apartments they’re in. If there’s a fire, or we need to evacuate for some other reason, the list is at the front desk, and lets us know which apartments to go to immediately to get those residents out.”

Every building is different, and older people are certainly not a monolith; if your building does have a large number of older residents, do recognize that this fact will affect how they feel about a whole host of issues, from building amenity spaces to accessibility to capital assessments to trust transfer policies. In some cases, “Board-management teams may consider enlisting the expertise of a clinical social worker or psychologist to come in, assess the situation, interview the parties involved, and collaborate with the building’s administration and legal counsel to formulate an appropriate action plan for supporting the aging resident,” says Birenbaum. 

“The worst thing that people can do is to be confrontational with those who have sensitive behavioral issues,” says Piekarsky. “There are people who absolutely need to be attended to, medicated, or even institutionalized. The test in New Jersey is, ‘Are they a danger to themselves, others, or to the property?’ And at that point it becomes a police matter.” 

But every case is different in my experience and, if management can’t solve something, get on the phone with a lawyer, because we have the resources and deal with this quite frequently.”

But there’s still a lot that managers, boards, and resident volunteers can do to proactively support and include their building or association’s older residents, say the pros. “Do engage the community and open lines of communication to discuss this sensitive issue,” Byrd advises.

“Don’t assume that only a minority of residents need or want consideration of aging in place accommodations. Do foster social interaction and community engagement as a part of an active healthy lifestyle, and don’t limit communication methods to only new technology; keep in mind that telephone, in person, and regular mail are sometimes preferred communication methods for older adults.”

Boards and managers must consider many issues, some legal, some ethical, when addressing issues related to elderly residents. Fundamentally though, a little kindness goes a long way. In the end, says McCracken, “I don’t think there’s one ‘right’ way to deal with an aging building population, except to approach them with intelligence and sensitivity.”                                      AJ Sidransky is a staff writer/reporter with CooperatorNews New Jersey, and a published novelist. He may be reached at alan@yrinc.com.