October 2016
Condo corporation boards and management should tread carefully when it comes to elder care issues.
Elder Care is not something that should be undertaken by condo management or neighbours. Determining if condo residents are in good health or sound mind is fraught with responsibility and liability.
Two situations are becoming increasingly common as our society ages.
Older homeowners may become less capable of living in their condo. While condo living may be less strenuous, reliance on neighbours or condo management is not a solution. Neither is equipped to deal with someone incapable of walking on their own, preparing meals, or dealing with unsafe living conditions. Residents and condo management rendering assistance could be risking the safety of those they attempt to assist.
An inability to pay condo fees must not be allowed to continue. Allowing one condo owner to financially benefit at the expense of other condo owners, by allowing a financial delinquency to occur or continue, is not something that can be imposed on condo owners. The Condo Act protects against this. Condo management and boards that allow this to happen are accepting personal liability for financial losses to the condo corporation.
This may not appear “neighbourly” to someone in financial or physical difficulty. Yet it is the necessary approach for a condo corporation. Each condo corporation has a declaration, bylaws and rules that must be followed. Condo management and directors have a legal obligation to comply with these condo documents which are equally applicable to all.
Condo corporations dealing with residents experiencing such problems should develop an arrangement with a Home Care agency or Retirement Home which can be called upon when their services are required.
If you know of a condo resident having difficulty living on their own, contact the Community Care Access Centre (CCAC).
For assistance seeking companies to assist with elder care issues, Condo Resource Guide can help. Look under Home Care and Retirement Homes.
