Indecent Behavior (And Exposure!) On Condo’s Common Grounds

B.C. from Hartford County writes:

Dear Mister Condo,

Our condo complex is age restricted. Adult children over the age of 18 are permitted as long as the resident is 55 or older. One adult child has a record of being a nuisance. Numerous residents have written the board stating they are afraid because of his actions. Recently he was arrested for indecent exposure. What can the Board do to insure the safety of our residents?

Mister Condo replies:

B.C., I am sorry that your condominium residents are feeling threatened because of a fellow unit owner’s child. The reality is that other than practicing good safety habits and involving the police when appropriate there may not be anything that the Board can do to help protect residents. Boards are not law enforcement. The association has no legal authority over the residents of the condominium. You cannot legislate legal behavior on the part of residents or their allowed guests. You can instruct residents about how and when it is appropriate to call the police. Certainly, you do not need to tolerate indecent exposure on your common areas. Call the police if that happens. My guess is that a person this age and demeanor is going to be a problem wherever they are. The fact that you are an “over 55” community may allow you to modify your rules about who can live there. However, consult with an attorney before modifying your by-laws, keeping in mind that state laws may supersede any rules you change. Also, rules apply to all unit owners; not just the one causing the problem. Going after this one individual may open the Board to a discrimination lawsuit. You certainly don’t want that! All the best!