May 2023

4. Call the Attorney As discussed above, since the actions of a resident exhib iting symptoms of mental illness can expose an association to potential liability, it is important to involve association counsel at an early stage. At the very least, making counsel aware of a potential issue and/or forwarding complaints and/or incident reports can create a paper trail that may be beneficial should the association need to take any type of enforcement action or defend itself if an incident involv ing damage or injury does occur. 5. Call the Police When other options fail or in the case of an emergen cy, call the police. Community associations are not law enforcement agencies. When confronted with a situation where there is a potential for damage to property or injury to a resident or others, particularly when there is a sincere fear that such harm may be imminent, the best course of action is to allow law enforcement to address the situation rather than asking management or a board member to diffuse a potentially dangerous situation.

As always, with sensitive issues such as these, if you have questions about whether your association’s board is acting in accordance with the law and its governing documents, you should consult with your association counsel. n END NOTES: 1 This quote – as well as the title of this article – are from the Soundgarden song “Searching with My Good Eye Closed.” For those who may not know, Soundgarden’s lead vocalist and primary songwriter, Chris Cornell, struggled with depression and substance abuse for much of his life. Cornell ultimately took his own life at the age of 52 on May 18, 2017. 2 Associated Press (2022, December 20). Canadian man accused of killing 5 had feud with condominium board. NPR. *see link below. 3 See footnote 2 above. 4 About Mental Health. Centers for Disease Control and Prevention. www.cdc. gov/mentalhealth/learn/index.htm (last visited 2023, March 31).

5 See footnote 4 above. 6 See footnote 4 above. 7 N.J.S.A. 46:8B-12. 8 N.J.S.A. 46:8B-14(j). 9 N.J.S.A. 45:22A-44(b).

10 Disability was added to the Fair Housing Act as a protected class by amend ment in 1988; the Fair Housing Act defines “disability” as a physical or mental impairment that substantially limits one or more major life activities. 42 U.S.C. § 3604.

*www.npr.org/2022/12/19/1144076419/5-dead-and-suspect-killed-in-toronto-area-condo-shooting

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