How to handle mental health issues within your board or management company By Kate-Madonna Hindes, Director of Marketing, Ewald Consulting
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t some point, every HOA or board will need to investigate an issue of mental illness within their association. Condo and co-op boards have some room to intervene when a person with a mental health issue engages in conduct viewed as objectionable. In fact, boards should not wait for a crisis before attempting to address complaints about the conduct of such an individual. (http:// cooperator.com/article/dealing-with-difficult-unit-owners-or-shareho/ full#cut)
Prevalence of Mental Illness
• Approximately 1 in 5 adults in the U.S. — 43.8 million, or 18.5% — experiences mental illness in a given year. • Approximately 1 in 25 adults in the U.S. — 10 million, or 4.2% — experiences a serious mental illness in a given year that substantially interferes with or limits one or more major life activities. • 1.1% of adults in the U.S. live with schizophrenia. • 2.6% of adults in the U.S. live with bipolar disorder. • 6.9% of adults in the U.S. — 16 million — had at least one major depressive episode in the past year. • 18.1% of adults in the U.S. experienced an anxiety disorder such as posttraumatic stress disorder, obsessive-compulsive disorder and specific phobias. • Among the 20.2 million adults in the U.S. who experienced a substance use disorder, 50.5% — 10.2 million adults — had a co-occurring mental illness.
A note about fair housing practices
Because mental illness is generally considered a disability, it is in violation of fair housing law to: • Refuse to rent because of mental illness or disability; • Refuse reasonable structural modifications to improve access; • Refuse to make reasonable policy exceptions. According to fairhousingmn.org, very few homes are exempt from fair housing laws. “Owners and managers of some owner-occupied or religious-affiliated housing are not barred from discriminating against some classes of people.” Even then, factors such as race are not allowed to interfere with housing. Applying rules consistently and keeping accurate and up-to-date records can be the best defense to prevent your association, management company or rentals from experiencing a discrimination lawsuit. The 1989 amendments to the Fair Housing Act require landlords and community associations to offer “reasonable accommodations”
in their rules, policies, practices, or services, when necessary to provide residents with disabilities “an equal opportunity to use and enjoy a dwelling.” As a practical matter, association managers and boards confronting these situations must find a way to balance an emotionally troubled resident’s interest in remaining in his/ her home, against the obligation to ensure the health and safety of other residents and to protect their right to the “quiet enjoyment” of their residences. These situations are real. They are also painful, complicated, often hazardous, and almost always difficult to resolve. - HindmanSanchez Law Firm If you believe you, or someone you know has been discriminated against, contact the Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity, which enforces the Fair Housing Act at: http://portal.hud.gov/hudportal/HUD?src=/ program_offices/fair_housing_equal_opp Resource: http://fairhousingmn.org/providers/faq
Dementia, Alzheimer’s and the aging population The National Institute on Aging reports that as many as 5.1 million Americans may have Alzheimer’s disease, which is the most common cause of dementia in older adults. Alzheimer’s is often grouped with symptoms such as memory loss, agitation, anxiety and wandering.
According to the Alzheimer’s Association, 94 percent of people who wander are found within 1.5 miles of where they disappeared. If your development includes land with many trees, bodies of water, or other large natural areas, consider precautions and have a plan ready in case a resident goes missing. Wandering usually follows the direction of the dominant hand, so it’s helpful to know whether the resident is left or right handed. With many HOAs experiencing populations that are aging, Alzheimer’s is becoming a greater concern than ever before. Get proactive about aging HOA residents by considering the following: • Make sure all residents carry identification and enlist the help of family members, when necessary. Board members should keep a recent close-up photo and updated medical information to give to police if a person becomes lost. • Make a list of people to call for help, and keep the list easily accessible, making sure board members and those involved in decisions have a copy. (continued on page 13) July | August 2016
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