Hoarding is more than just clutter, untidiness, or a messy home — it is a recognized mental health disorder that can pose serious health, safety, and legal challenges within homeowner associations (HOAs).

What is Hoarding?  According to the American Psychiatric Association, individuals who have a hoarding disorder persistently have difficulty getting rid of or parting with possessions due to a perceived need to save the items. The affected individuals face considerable distress when attempting to part with possessions, which leads to their decision to save them. Ultimately, the clutter that is created is a result of multiple unsuccessful attempts to part ways with the items, resulting in an ongoing cycle and a disruption in their ability to use living spaces (American Psychiatric Association, 2022).

Who is Affected? The hoarding residents often live in unsafe and unhealthy conditions that can worsen over time without proper intervention. Hoarding endangers the residents’ well-being and that of their pets, as animals may be living in the unit without proper care. The neighbors may experience foul odors, pest infestations, fire risks, or structural issues within or around their unit. The community association may also suffer as a result of the hoarding situation. If left unattended, hoarding can create health and safety concerns that diminish the overall appeal of the property, potentially making other residents unwilling to stay and deterring prospective buyers or renters. In addition, the association may face ongoing expenses associated with pest control and the cleanup of the affected common areas, such as storage rooms or hallways.

These situations often go undetected for extended periods, especially in community associations where residents may be reluctant to report concerns or the signs are not immediately visible from the outside. Common indicators of hoarding are foul odors emanating from the unit, pest infestations, blocked windows or balconies, residents avoiding and/or refusing to allow maintenance access, and complaints of unsanitary conditions by neighbors.

How to Resolve a Hoarding Situation. When dealing with this situation, there must be a balanced approach that combines enforcement of the governing documents, such as the Declaration and Rules and Regulations of the association, with special sensitivity to potential mental health issues by involving local health or social services and — in some cases — legal counsel.

The association should first attempt to communicate with the resident(s) to express concern and encourage voluntary compliance. If behavior persists, send a written notice citing specific violations of the governing documents. If the resident fails to comply, the association may levy a fine for noxious and offensive conduct in a unit.  Document all complaints associated with the owner’s unit, such as complaints of foul odors emanating from the unit that seep into the hallways or neighboring units, as they will be needed if legal action becomes necessary. If there is a growing safety concern, the association may contact social services to request a wellness check. At this stage, if all attempts are deemed unsuccessful, the association may consult with legal counsel before proceeding further to ensure any further action complies with the governing documents and applicable laws.

If your HOA is dealing with a potential hoarding situation, early intervention is key. Our team is here to help you take appropriate action while maintaining legal compliance and community harmony.

About the Author

Sayra V. Contreras is an associate attorney working in the HOA Practice Group. Sayra concentrates her practice in litigation with a focus on representing condominium associations and common interest community associations in areas such as rule enforcement, interpretation of governing documents, review and negotiation of contracts, and collection of assessments. Click here to read Sayra’s full attorney bio.