Hoarding in Condominiums: What Condo Boards and Owners Need to Know
When most people think about challenges in condominium living, they think about budget meetings, shared maintenance, or pet policies. But every so often, a situation arises that’s far more sensitive and complicated: hoarding.
As a residential real estate brokerage working with condo owners and associations across Greater Boston, we’ve seen firsthand how hoarding issues can impact buildings, relationships, and property values. What might seem like a private matter inside someone’s unit can quickly become a community concern. Boards must respond thoughtfully with compassion, legal care, and a clear strategy. Here's what every trustee, manager, and resident should know.
Hoarding Is a Recognized Disability
When faced with overflowing clutter or unsanitary conditions in a unit, boards may feel urgency to act. But it’s critical to understand that hoarding is typically the result of a mental health disorder, and under the federal Fair Housing Act, it qualifies as a disability.
This legal classification means that traditional enforcement approaches, like fines or violation notices, can actually expose the association to legal risk. Boards are required to offer “reasonable accommodations” and cannot penalize someone simply for having a disability. At the same time, the board must still protect the health and safety of the entire community. That balancing act is where things get tricky.
Hoarding is often categorized into two levels:
Type A Hoarding involves immediate health and safety risks: garbage, pests, fire hazards (e.g., papers on the stove), and mold. This type of hoarding may impact neighboring units and requires urgent intervention.
Type B Hoarding involves excessive clutter without imminent risk: stacks of belongings or blocked pathways that may impair emergency access but don’t yet pose a clear threat to others.
Type A requires faster, firmer action. Type B allows for more flexibility and a gentler timeline. Both require attention, but knowing the difference helps determine your next steps.
Legal Implications: Protecting the Community Without Discriminating
Because hoarding is a disability, the Fair Housing Act prohibits boards from enforcing rules in a way that discriminates against the resident. This includes punishment, eviction threats, or public shaming. Instead, boards must pursue reasonable accommodations, meaning they must try to work with the resident on a solution that addresses the risk without infringing on their rights. That’s why legal counsel is essential. An attorney can help your board assess the situation and respond in a compliant, balanced way.
A Realistic Action Plan for Boards
If you suspect hoarding in your community, here’s a roadmap of best practices:
1. Assess the Situation
Start with documentation. What are the observed risks? Is there visible garbage, odor, evidence of pests, or complaints from other residents? If safe and legal to do so, gather photos or written reports.
2. Engage Legal Counsel
Before any communication or action, consult your association’s attorney, ideally someone familiar with fair housing law. You’ll want to avoid liability while ensuring community safety.
3. Communicate Respectfully
Reach out to the unit owner privately. Avoid accusations. Express concern and focus on health and safety. When possible, involve family or next of kin because they may be unaware and able to assist.
4. Involve Local Services
Contact appropriate support agencies:
Elder Services for older residents
Veterans Affairs if applicable
Hoarding task forces, if your county has one
Many of these professionals are trained to help and can act as neutral third parties.
5. Leverage Municipal Authorities
If there are clear code violations (mold, fire hazards, infestations), city or town officials, like health or fire departments, may issue cleanup orders. This shifts enforcement from the board to local authorities and often has greater legal weight.
6. Pursue Legal Remedies if Needed
If voluntary cleanup efforts fail and the risk is serious, your board may need to seek a court order. A preliminary injunction may be possible if you can show immediate harm. Document everything: photos, affidavits from neighbors or staff, pest control records. Courts are cautious but may act in emergency cases.
Address the Root and Prevent Recurrence
One cleanup won’t cure hoarding. Without ongoing monitoring, it’s likely to return. That’s why court orders should include future inspections or compliance checks. The board or manager should also create a system for periodic follow-up. Having a court order in place makes enforcement easier if the issue resurfaces.
Why This Matters for Owners, Buyers, and the Board
Hoarding doesn’t just affect the resident. It can impact property values, relationships among neighbors, and even the insurability of the building. As real estate professionals, we’ve seen:
Sales fall through after inspections reveal hoarding in neighboring units
Buyers hesitate to purchase in buildings with unresolved internal conflicts
Owners sue associations for failure to maintain a safe environment
That’s why boards must take hoarding seriously, but legally. With empathy, professional guidance, and persistence, it’s possible to find solutions that protect everyone involved.
Condo living depends on shared responsibility, and sometimes that means addressing tough issues head-on. Hoarding is one of them. But handled properly, with legal support and community resources, your board can protect both the resident’s rights and the community’s wellbeing.
If you’re navigating a hoarding concern or want help creating policies that keep your building safe and compliant, our team is here to help. With decades of experience in Greater Boston condo sales and property dynamics, we’re happy to be a resource.
Dwell360 is an elite residential real estate firm based in Waban, Massachusetts, servicing the cities and suburbs of metro Boston. Owned by REALTORS Ed Johnston and John Lynch, Dwell360 is a leader in luxury real estate throughout Newton, Needham, Boston, Brookline, and other communities of the greater Boston area and on Cape Cod. Search for homes in Massachusetts or give us a call!
