Compulsive hoarding disorder, also known as syllogomania or hoarding disorder, is characterized, according to a reference book published by the American Psychiatric Association (APA), by an individual’s persistent difficulty in discarding or parting with their possessions, regardless of their actual value, due to an intense need to save them and the distress associated with the idea of discarding them. People suffering from this disorder may accumulate all sorts of items, ranging from common household objects to trash.
Consequences of compulsive hoarding
Compulsive Hoarding Disorder leads to the excessive accumulation of possessions, often to the point where living spaces become cluttered to the extent that they can no longer be used in a normal manner, creating unsanitary and hazardous conditions. These situations can pose health and safety risks not only to the individual affected but also to neighbors and the entire condominium.
Compulsive hoarding and co-ownership
Compulsive hoarding disorder can be very detrimental to all co-owners. Indeed, people who suffer from it stack objects due to their difficulty in getting rid of them, even if they are useless or worthless. It is not uncommon for this accumulation to lead to conflictual relationships between neighbors and co-owners.
Excessive accumulation can notably increase the risk of a fire breaking out in the cluttered apartment, as well as cause water damage, pest infestations (including bedbugs, cockroaches, or vermin), not to mention the emanation of foul odors. All of these can pose a risk to the safety and health of condominium occupants.
Prohibition of hoarding dangerous objects
That being said, this bad habit can violate a provision in the building's regulations as stipulated in several declarations of co-ownership. This may include the prohibition of storing certain objects that pose fire risks, such as hazardous, explosive, or flammable materials that could endanger the health and safety of the building’s occupants. This prohibition also aims to prevent an increase in insurable risk. The problem is that these infractions need to be detected.
Identification and intervention
It is therefore important for directors of the co-ownership or their manager to identify individuals who might be struggling with this disorder before a tragedy occurs. A few red flags should raise concerns.
For example, a co-owner who constantly makes excuses to prevent anyone from entering their apartment may be suffering from syllogomania. Those who clutter their balcony or storage spaces are also potential candidates for this disorder. The measures to be taken in such situations require caution to avoid a legal dispute that could end up in court.
Increased Insurable Risk
Syllogomania can lead to an increase in insurable risk for a syndicate due to the heightened dangers of fire, pest infestations, and structural damage associated with excessive object accumulation. These additional risks may necessitate more costly insurance coverage and higher premiums for the syndicate or even result in a denial of coverage.
Prevention and intervention
The Civil Code of Quebec has very few provisions addressing the protection of individuals dealing with such disorders. For the relevant authorities to take action, it must be demonstrated that the affected person poses a risk to themselves or others. If this is the case, it is the police authorities who will intervene. That being said, their interventions often occur when it is too late.
Another solution to manage the problem is to notify the family or relatives of the targeted co-owner, or even report it to the police for intervention. Unfortunately, some people may not have any family. And if they do, their family may have turned their backs on them. However, condominium administrators can meet with the concerned co-owner to discuss the problem with them.
Measures to resolve hygiene issues
In these circumstances, it is important to take steps to resolve hygiene and sanitation issues. The board of directors can indeed enforce an inspection of the premises to confirm the damage. Here are the steps to follow:
Conclusion
The cooperation of the board of directors and the prompt implementation of recommendations will help restore a healthy living environment for all residents. If needed, we invite you to consult with us to assess the scope of a potential mandate with our firm.
Alexandre Fournier
Lawyer
Dunton Rainville
Phone: 514 866-6743
Fax: 514 866-8854
Email : [email protected]
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