A.P. from outside of Connecticut writes:
Dear Mister Condo,
About 1.5 years ago, a husband and wife moved into our 16-unit condominium. It was clear from the outset that there was something off with the husband. He looked disheveled, didn’t acknowledge people and walked around in a daze. Roughly 1 year ago, the wife moved out and left him alone in the unit. After he was taken away by ambulance several times, he began receiving daily visits from a visiting nurse. One time the nurse called police and he was taken away again and stayed away for over a month. At that time, a neighbor overheard the nurse outside telling police that she was concerned for her safety and did not want to go back inside. No one has seen her since. Now he has been yelling in the hall, slamming his door over and over and pounding on the door of another resident. As a trustee, I have reached out to the wife, who is still an owner and pays the condo fee. My question is, what recourse do we have other than repeatedly calling the police when he acts out? Can we somehow force them to sell their unit?
Mister Condo replies:
A.P., I am sorry for the commotion and disturbance of peace that your association is experiencing as a result of having this unit owner as a resident. There is very little that can be done on behalf of the association. The Board can enforce complaints when rules are violated. Your documents outline typical offenses (loud noises at off hours, and so on). Action can be taken that include warnings and fines. Other than that, disturbances that rise to the involvement of a crime are being handled correctly by calling the police. The Board is not the law and when laws are broken, the police are the right call. Unless your documents provide for a type of eviction (doubtful) there isn’t too much you can do about a resident dealing with mental health issues. If the common fees are not paid on time, you may have collection efforts that could lead to foreclosure and eviction but that isn’t the case here. The fees are paid on time. If you have an association attorney, this would be a great example of asking what else can be done in your state. From what you have told me here, I see no further action that the association can take at this time. All the best!