Aging America: Drawing a Line Between Community Living and Assisted Living

Many of today’s seniors believe they can forego assisted-living centers and age in place instead. That’s something community associations can’t ignore. Roughly 40 million Americans, or 13 percent of the population, are 65 or older. By 2030, the U.S. Census Bureau projects that number will rise to 72 million, or 20 percent of the population. Community association leaders need to take note of these numbers because seniors increasingly are choosing to remain in their homes rather than move to adult-care or assisted-living facilities. In addition, the supply of family caregivers, who provide the majority of long-term services and support, is unlikely to keep pace with future demand, according to AARP. As people live well into their 80s and 90s, that will put increased pressures, obligations and potential liabilities on associations. The following article contains information and perspectives from community association stakeholders who have handled aging-in-place concerns professionally and personally. If your association hasn’t started talking about how it will handle its aging residents, it’s time. Aging residents have specialized needs and present unique challenges that board members and community managers aren’t trained or necessarily skilled to handle. Association governing documents are being tested by the aging population too. Hoarding, disorientation and physical limitations that prevent access to common areas are just some of the problems association leaders increasingly will face. These issues pose a threat to the safety and welfare of the individual resident, but they also present risks for the community and its other residents. Managers and board members must be mindful of how to recognize and respond to these issues without unnecessarily assuming liability or invading an...
Community Association Fair Housing Update

Community Association Fair Housing Update

The Fair Housing Act (FHA) prohibits discrimination in housing on the basis of race; color; religion; sex; national origin; familial status; or disability. In the context of Disability and Community Associations, instead of enforcing the rules and regulations equally against all residents, the FHA allows a community to “discriminate” so to speak, by making an exception to a rule to accommodate a disabled resident. It isn’t always about service animals or comfort pets; it’s about providing all residents with an equal opportunity to use and enjoy their housing. Perhaps more than ever before, fair housing regulations are impacting community associations as to how they govern, address common area modification requests, and enforce their rules. Communities are looking for ways to accommodate their residents who, for a variety of reasons, need to modify a common area or need an exception to a community rule to have equal use of their residence. A qualified resident with a disability is allowed a reasonable exception to a rule, or permission to make a reasonable modification to common areas at her expense i.e.; a reasonable accommodation. For some time now, the California Department of Fair Employment and Housing (DFEH) has been working on changes to the California Code of Regulations covering the Fair Employment and Housing Act. Most recently, on June 22, 2018, DFEH issued a Notice of Modifications which will likely impact how community associations address resident requests for reasonable accommodations. While the proposed modifications are being developed, it is our hope that the modifications clearly address such critical issues as 1) who pays for the modifications; 2) restoring the property after the...