Senior-friendly homeowners' associations turn the challenge of supporting older residents into an opportunity.
Homeowners’ associations (HOAs) aim to maintain a clean, safe, and desirable environment for everyone who lives in a neighborhood. As the American population ages, HOAs are experiencing their memberships aging, too–and as in the country at large, most seniors living in HOA communities want to age in place. With more older residents hoping to stay put–and stay HOA members–these organizations are facing legal, logistical, and ethical challenges. Some HOAs are responding to these challenges in innovative ways that make them more valuable institutions, not only for older adults, but also for everyone else living in the neighborhood.
As Members Age, HOAs Need to Change
In condos and other kinds of planned communities with HOAs, many people live alone, including older members. As existing members enter older age, neighbors may start to report concerns both for their older neighbors’ own safety and the well-being of the neighborhood. HOA leadership might hear from members when:
- An older neighbor can no longer mow their own lawn, as per HOA code.
- A senior who lives alone is still driving, but neighbors worry that they drive erratically in the neighborhood.
- Residents are concerned that a neighbor who lives alone is at risk of falling.
Older residents themselves might bring these or other concerns to HOAs for support. For example, a senior HOA member might request help when:
- Steps and walkways ice over and the member needs assistance to clear them.
- They need a ramp installed to safely enter their condo, or other renovations that would aid aging in place.
- The member decides to stop driving and needs to find new forms of transportation to the grocery store, doctor appointments, and around town.
As more members enter their 60s, 70s, and 80s, and more of these requests start arriving, HOA leadership faces a consequential question: what kinds of support are they legally required to provide? And, a related question: What kinds of support are they able and willing to provide in order to make the neighborhood a senior-friendly place to live?
The legal concerns are significant. A resident or family member could try to hold the HOA liable for spaces deemed inaccessible or unsafe. If the HOA becomes aware that a resident needs assistance from adult protective services, the association could be at legal risk if they fail to take action. Each situation, and each state, will have its own legal implications, and HOA leadership should consult their own bylaws and an attorney when legal questions arise. But there are proactive steps that HOAs can take to avoid legal problems while improving the quality of life in the neighborhood, for everyone.
Designing a Senior-Friendly HOA
Elizabeth White, a lawyer who works with HOAs in Williamsburg, Virginia, offers an example of a question HOAs may receive. A woman who lives in a three-story condo with no elevator contacted the HOA with concerns about her older neighbor living above. "The unit owner in the top story is now having real problems going up and down the steps with her groceries and everything else,” White recounts. The downstairs neighbor “asked whether the HOA had an obligation to put in an elevator for the third–floor owner and, if so, who should pay."
The concerned neighbor also shared with White that “the third–floor resident recently had a health crisis, and the EMTs had a hard time getting up the steps with a stretcher.” In this case, White explains, “a duty–to–act analysis on the HOA's part comes into play. It may not have the luxury it thinks it has thinking that an elevator is going to be an accommodation for just one person."
In other words, aside from the potential liability concerns, this is a clear case of how accommodations for seniors can help everyone. An elevator would make this building safer for all residents in the case of an emergency and when residents of any age need to use a wheelchair or crutches.
Many other actions that would support older residents would benefit others in the building, too, such as checking that entrance area rugs won’t trip people, ramps are safe, and sidewalks and stairs are clear of ice during the winter. HOAs can also proactively support seniors and all residents by offering transportation options, such as weekly shuttles to the grocery store.
Of course, HOAs, like individual neighbors, need to mind the line between, on the one hand, creating a universally-designed environment that is comfortable and accessible to all residents and, on the other hand, providing care to older residents. It’s not always easy to find this line. In some cases, such as if a resident is hoarding or at risk of falling, it may be appropriate for an HOA to contact nonprofits or service providers who have the expertise to meet their care needs. When at all possible, this contact should happen in conversation with the resident. An HOA that is well-informed on how to support seniors could, for example, link a resident who needs a home health aide up with covered services through the local area agency on aging.
A Resilient Community
When it comes to building a senior-friendly HOA, each community will have specific challenges at different times. The best way to navigate and negotiate concerns as they arise is to include seniors in HOA leadership. HOAs can make it easy for seniors to participate in leadership boards by inviting long-time older residents to join and by communicating announcements in multiple ways; both online and on bulletin boards, for example.
HOAs that prioritize the needs of seniors are setting themselves up for long-term success. Residents who see that the HOA cares about supporting older residents will feel safer themselves and benefit from senior-friendly neighborhood design.
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