A.O. from outside of Connecticut writes:
Dear Mister Condo,
I reside in a 4-unit condominium, all owner occupied, in Massachusetts. We are a self-managed property and three years ago a new resident purchased one of the units; this owner’s Master Deed is both in their name and his mother’s; his mother does not live on the premises.
Since this individual has moved into the Association there have been significant violations of bylaws as well as safety concerns that have involved the police: spray painting the exterior of his door with red spray paint, stating obscenities; screaming for hours on end at night while also causing physical destruction within his own unit; threatening to murder people; leaving pools of his own blood in common area; taking a baseball bat to the fire alarm; and a series of other disconcerting behaviors.
We, and our neighbors, routinely call the police and they have taken him into custody on some occasions and not others. In some cases, unfortunately, association members have not called the police out of fear of escalating the situation (fears include that this individual could hurt himself, others or cause damage to our property). We have attempted to engage the parent, who is also on the deed, who only assures us that this individual is harmless.
While we are not certain that this individual is mentally ill, we assume that the presenting behaviors are indicative of such, so we are at a loss as to how to protect ourselves and our property while also being mindful of the law.
What can we legally do?
Mister Condo replies:
A.O., there isn’t too much that you can do other than what you have already done. There are no laws that prohibit mentally ill people from owning real estate. The police have been called (as they should be) and have taken appropriate action as they deem fit. That takes care of the criminal activity. As for the violations of rules and by-laws, the Board should be taking whatever action is appropriate to protect the association. However, if you have a violent or mentally unstable resident in your building, there is little that can be done by the Board. Ideally, this person would leave your condo and get the help they need. Until then, I am afraid the only other option you have is likely to put up with the behavior or sell your unit. I know which one I would do. Good luck!