Many older residents choose to stay in their own homes rather than move to assisted living. Other residents may develop health or mental health conditions that make it hard for them to care for themselves or their home. Associations are not health care providers, and they cannot provide care themselves. They can, however, connect the resident with family members and public agencies that are able to help.
This article is general information and is not legal advice. The association's attorney should be consulted.
Start With Family and Emergency Contacts
When a concern arises, the first step is usually to reach known relatives or emergency contacts so the family has a chance to step in. Many associations ask owners and residents to complete an emergency contact form that lists relatives, friends, and others to call. It should be kept current and stored securely.
In some cases, the resident does not want family involved, the family is unable or unwilling to help, or no contacts are known. When that happens, the association may need to turn to public agencies.
Local Agencies and Elder Services
Several kinds of public help may be available:
- Code enforcement. If a home or unit has deteriorated to the point of a code violation, the city or county may be able to inspect and require action.
- Elder services. The Florida Department of Elder Affairs and local area agencies on aging offer information and referral services for older adults and their families.
- Local social service agencies. Counties and nonprofit organizations often provide meal programs, in-home help, and case management.
Current contact information for these agencies should be confirmed through their official websites before it is shared with residents.
When Neglect May Be Involved
Florida's adult protective services law, chapter 415 of the Florida Statutes, allows the state to investigate the abuse, neglect, or exploitation of vulnerable adults. Under section 415.102, neglect includes the failure of a caregiver or of the vulnerable adult to provide the care, supervision, and services needed to maintain physical and mental health, such as food, clothing, medicine, shelter, and medical services, that a prudent person would consider essential. It can be repeated conduct or a single incident that produces, or could reasonably be expected to result in, serious injury or a substantial risk of death.
Under section 415.1034, any person who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited must report it immediately to the central abuse hotline operated by the Florida Department of Children and Families. An investigator may then be assigned to assess the situation.
Contacting Law Enforcement
If there is concern for a resident's immediate safety, local law enforcement should be called and asked to perform a welfare check. In an emergency, 911 should be called.
In some situations, a welfare check can lead to an involuntary examination under Florida's mental health law, commonly called the Baker Act. Under section 394.463, an involuntary examination may be initiated when there is reason to believe a person has a mental illness and, because of it, either is likely to suffer from neglect that poses a real and present threat of substantial harm, or there is a substantial likelihood of serious bodily harm to the person or others in the near future. Those decisions are made by law enforcement, courts, and qualified professionals, not by the association.
Enforcement and Legal Options
If the resident refuses help and conditions continue to create hazards or disturb other residents, the association may consider enforcing its governing documents, often through maintenance or nuisance provisions. A written notice giving the owner an opportunity to correct the problem is often the first step. Any fine or suspension requires at least 14 days' written notice and an opportunity for a hearing, as described in
how to properly handle HOA violation notices.
These cases are rarely simple, and enforcement should be handled with care. Depending on the facts, the association's attorney may advise on other options, such as asking a court for permission to make repairs, or whether a guardianship proceeding may be appropriate. Federal and state fair housing laws may also apply when a resident has a disability, so the attorney should be involved before enforcement begins.
Handling These Situations With Care
A few principles help boards respond well:
- Privacy should be respected, and the resident's health should not be discussed at open meetings.
- Every contact and action should be documented in writing.
- Directors should not try to provide care, enter a home without authority, or make medical judgments.
- The manager and the association's attorney should be involved early.
Getting Support
No single approach fits every situation, and each case depends on its facts. The communities managed by Condominium Associates are supported in documenting concerns, contacting the right agencies, and coordinating with the association's attorney. If your board is unsure where to start,
contact us.
