P.D. from New London County writes:
Dear Mister Condo,
I have a hoarder compounded with aluminum wiring. Is there a precedent for how to deal with this problem?
Mister Condo replies:
P.D., my short answer is “Yikes”! You have two very different and potentially very serious issues here. I am not sure which one should be tackled first but my instinct is that a lot of this will boil down to the association’s right to access the unit for inspection and/or remediation. As you know, I am not an attorney but this is a situation where you are very likely going to want to seek the advice of qualified counsel as you may find yourself in need of assistance from the courts in dealing with the hoarding issue, especially if you require access to the unit to remediate the aluminum wiring issue.
Hoarding, as such, is often not addressed in association governing documents. However, access to unit for safety purposes often is allowed provided adequate notice is served. Boards can generally take action against unit owners who create an unsafe environment within their unit. Hoarding can usually be demonstrated to create a fire hazard and/or a general health and safety concern. The Board may be able to order the unit cleared of debris to create a safe environment for all unit owners.
Aluminum wiring remediation is necessary to avoid potential electrical problems and fire hazards associated with the wiring. Obviously, you will need access to the unit to perform this repair. My guess is that you will need to get the unit in reasonable order so that workers can get the job done.
Neither of these projects will be simple and correcting the hoarding issue could even be quite costly from a legal perspective. You asked about precedents and there are several I have read about online. Search for “Hoarding and condominiums” and you will see what I saw. There is an excellent article at this website – http://www.meeb.com/more-condominium-communities-are-struggling-with-hoarders-and-the-problems-they-create/ which I highly recommend.
This is a difficult problem and I do not envy you your task. Speak with association counsel before you begin and be prepared for lots of little setbacks along the way. However, with patience and proper procedure followed I am confident that you will correct both problems. All the best!