August 2022 CAI-NJ

Options for Managing Pack Rats, Hoarders and Connoisseurs

investigate reports of public safety issues that may affect one’s own safety and well-being. Often, the police will coordinate with other departments and work collaboratively to get a resolution. These inspectors generally focus their attention on exterior conditions Condominium associations fall under the NJ multiple dwelling law of the NJDCA (New Jersey Department of Community Affairs), these are proper

of Treasure that Create Health and Safety Issues

at Your Association By Thomas S. Onder, Esq., Stark & Stark Attorneys at Law

T he old saying goes, “One man’s trash is another man’s treasure.” This is apropos for thinking about managing pack rats, hoarders, and connoisseurs of various items (“treasure”) that could be causing a health and safety hazard to the community. Whether someone wants to collect coins, stamps or any number of other items should be of no concern to an association. Except, when the collection incurs issues of health and safety, that member’s hobby could be of real concern to the other members of the association. For instance, is the member’s collection attracting mice and other vermin or causing noxious or odorous smells? If after notice to address the issue, the member is unwilling or unable to do anything, what is an association to do? One option that an association may seek is to have a receiver appointed by the court to manage and operate the unit, including cleaning the scene. However, such a step is a major undertaking and not granted lightly by the courts. Prior making such a request, it behooves an association to ask a few questions, including: • What do the association’s governing documents say? • Has proper notice been given? • Is the member willing to address the issue themselves? • How much is the receivership going to cost and who pays for it? • What are the receiver’s powers? Thoughtful consideration to these and other questions are necessary In most governing documents, the association can enter unit to address health and safety issues. For instance, if there is a pipe in a unit that is leaking into another unit or the common areas, often the gov erning documents will provide that the association has a right to enter the unit to fix and then bill back the owner. The governing documents will also provide a notice period for a covenant of default, like violating a health and safety issue. It is important to follow what is already in the governing documents by clearly laying out to the member the issue CONT I NU E S ON PAGE 14 before requesting the court appoint a receiver. Review the Governing Documents

“On occasion there may be items outside, on common areas, that attract rodents...”

ties or associations with four or more units. These multiple dwelling inspectors enforce state code from a safety stand point. The DCA inspections are like fire safety inspections but are more involved and can request remedial clean-up of anything seen as a safety concern. Be aware, not every town or county oper ates the same way and some may be more aggressive than others in address ing the hoarding issue. Managers have options to assist them achieve resolution to a problem. Our jobs, along with the board of directors, is to enforce the provisions found in the association’s governing documents that protect the association and the communal property. If you are looking to address a hoarding problem, reach out to your local municipality first. While resolu tion may not be achieved overnight, a stepped approach will enable board members and owners to work togeth er as a community to achieve agree able goals. n

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