GREYING AREA: ADJUSTING AS RESIDENTS GROW OLD AND INFIRM, P.2

Clearly, some board members have problems not just with matters of public hazard or even quality-of-life, but aesthetics. And this particular co-op is about to take a remarkably hard line: actually banning seniors from giving the super's phone number to a hospital service!

The secretary says this position is based both on frustration — phone calls to family members or their surrogates have met with less-than-helpful replies (ranging from "I'm sure my parent is okay" to verbal tirades and letters from attorneys directing the board to suspend contact with the offspring) — and liability fears. "What if the super [were unavailable when an emergency call came in because he was] out filling the [co-op's] truck with gas or something?" says the secretary. "In this day and age, lawsuits are the first things that will happen."

Some would call this is a specious argument, since the situation would be the same if there were a fire or a flood, and the super had to be called — even if he were away filling the co-op's truck with gas or something. "So you're gonna let the guy die?" marvels says attorney Samson, a partner at Samson Fink & Dubow. "Way to go. Heaven help him if he passes out in the lobby." As for liability concerns, he says, "The board can protect itself [from potential liability] by having the resident sign a release."

It's a matter of balancing the needs of the many with the concerns of the few. "Just like the 35-year-old investment banker wants gym equipment in the basement and mothers want you to establish a playroom, the elderly need some help too," Samson says. "Maybe nothing more than setting up a community room. Or, you could go beyond that and organize a bingo night or a card night. It doesn't take much. Which would you rather have, all these old people sitting alone in their apartments or coming down once a week to play cards?"

What steps can a board take that protect the co/op or condo while also addressing the legitimate needs of its aging population. There are many, from the oh-of-course simple to the more complex. (See Sidebar: How to Help — While Protecting Yourself)

Ultimately, that may mean a petitioning a court so that a resident genuinely unable to care for him/herself is admitted to nursing home or family care. But until that last resort, growing old is less onerous if you're part of a community — and as far as boards are concerned, anything they can do to strengthen the weakest link makes the whole chain a lot stronger.

Adapted from Habitat May 2008. For the complete article and more, join our Archive >>

Illustration by Marcellus Hall