{"id":2504,"date":"2023-05-26T17:18:00","date_gmt":"2023-05-26T21:18:00","guid":{"rendered":"http:\/\/blog.tarleyrobinson.com\/?p=2504"},"modified":"2023-05-26T17:18:00","modified_gmt":"2023-05-26T21:18:00","slug":"aging-in-place-how-can-community-associations-address-aging-communities","status":"publish","type":"post","link":"https:\/\/blog.tarleyrobinson.com\/?p=2504","title":{"rendered":"\u201cAging In Place\u201d – How can HOAs address aging communities?"},"content":{"rendered":"

When we think of the challenges of overseeing homeowners associations, we might think of overgrown lawns, late assessment payments, and aggressive pets.\u00a0 But another challenge has been waiting in the wings:\u00a0 the aging of America\u2019s \u201cbaby boomer\u201d generation, many of whom are choosing to live out their golden years in their homes.\u00a0 This rising trend is presenting new and unique challenges for Community Associations.\u00a0 It is the wave of the future and the future is now.<\/span><\/p>\n

\"Homeowner<\/a><\/p>\n

<\/p>\n

The 65-and-over population is growing and growing fast.\u00a0 In fact,\u00a0<\/span>by 2030,\u00a0older adults will account for roughly 20%<\/a> of the U.S. population.\u00a0 The challenge for HOAs is that unlike generations of the past who were likely to transition into a retirement home or assisted living community, many in the \u201cboomer\u201d community are choosing to stay put in their homes, in many cases well into their nineties.\u00a0 This makes it inevitable that a higher proportion of residents in any given community will face challenges such as loss of strength, coordination, and mental acuity over time, or will be diagnosed with a catastrophic illness.\u00a0 This can create significant legal and safety questions for Community Associations.<\/span><\/p>\n

The biggest risk to an Association comes when an elderly resident potentially poses a danger to himself or others.\u00a0 For example, an elderly person might be incompetent to drive and yet still choose to drive through a neighborhood full of kids playing and people walking their dogs.\u00a0 Should the Association intervene?\u00a0 Does the Board of Directors have an obligation to do so?\u00a0 Or, if Board members were to check on an elderly resident\u2019s health and welfare by forcing open a door, are they now at risk for legal action?\u00a0 Could failing to intervene result in legal action as well?\u00a0 Ultimately, it might not be the Association’s legal responsibility to make sure residents are competent to drive or to check on residents who have not been seen for several days.\u00a0 Nevertheless, Associations could still incur significant legal expense to defending actions from upset family members or even the elderly resident himself.<\/span><\/p>\n

Fortunately, there are many proactive steps homeowners associations can take to reduce the Association\u2019s legal exposure while aiming to improve both the safety and daily lives of its aging residents.\u00a0 First, community associations should review all applicable statutes, ordinances and the Association’s governing documents<\/a>. Each of these might affect what the Association can and cannot do and under what circumstances.\u00a0 The Association\u2019s directors must be clear about the Association’s proper role and must fully understand their responsibilities under the law.\u00a0 Association managers and staff members must also be properly trained and informed of these responsibilities.<\/span><\/p>\n

Next, HOAs should take a positive, engaged, and service-oriented approach with their residents. This approach would require taking\u00a0a close look at the existing and future needs of their older residents, with a view toward connecting them with helpful resources<\/a>.\u00a0 Some larger communities are trending toward establishing weekly shuttles to the grocery store<\/a>, which could improve transportation safety for the community as a whole.\u00a0 Community Associations can similarly reduce the isolation of older residents by offering them voluntary wellness or telephone checks or promoting socialization through community meals and other events. Associations should collect residents’ emergency contact information before a crisis happens and maintain an up-to-date list of residents with special needs.\u00a0 Current technologies can also be tremendously valuable.\u00a0 One example is a GPS bracelet that some municipalities offer<\/a> to help families keep track of elderly people who are at risk. \u00a0<\/span><\/p>\n

Serving elderly homeowners who have chosen to \u201cage in place\u201d is a challenge that will only continue to grow in condominium associations and homeowners associations.\u00a0 The high cost of institutional care, current economic instability and the smaller families of the \u201cboomer\u201d generation make it more likely that older residents will continue to remain in our communities long into their golden years.\u00a0 Community associations would be well advised to get ahead of this trend.\u00a0 It is here to stay.<\/span><\/p>\n

Tarley Robinson, PLC, \u00a0Williamsburg, VA \u2013 Attorneys and Counsellors at Law<\/sup><\/span><\/h2>\n","protected":false},"excerpt":{"rendered":"

When we think of the challenges of overseeing homeowners\u2019 associations, we might think of overgrown lawns, late assessment payments, and aggressive pets. But another challenge has been waiting in the wings: the aging of America\u2019s \u201cbaby boomer\u201d generation, many of whom are choosing to live out their golden years in their homes. This rising trend is presenting new and unique challenges for Community Associations. Rely upon your homeowners association attorney for advice and guidance.<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,57,7,141],"tags":[71,41,70,92,9,300,44,224,244,153,28,40,10,378,8,42,110],"_links":{"self":[{"href":"https:\/\/blog.tarleyrobinson.com\/index.php?rest_route=\/wp\/v2\/posts\/2504"}],"collection":[{"href":"https:\/\/blog.tarleyrobinson.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.tarleyrobinson.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.tarleyrobinson.com\/index.php?rest_route=\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.tarleyrobinson.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2504"}],"version-history":[{"count":9,"href":"https:\/\/blog.tarleyrobinson.com\/index.php?rest_route=\/wp\/v2\/posts\/2504\/revisions"}],"predecessor-version":[{"id":2875,"href":"https:\/\/blog.tarleyrobinson.com\/index.php?rest_route=\/wp\/v2\/posts\/2504\/revisions\/2875"}],"wp:attachment":[{"href":"https:\/\/blog.tarleyrobinson.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2504"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.tarleyrobinson.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2504"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.tarleyrobinson.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2504"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}