Issues of criminal conduct within condominium associations are of considerable difficulty. A recent incident in Florida revealed how quite complex these issues can be, where a unit owner was arrested and charged for contaminating the environment of a neighboring unit with poisonous chemicals. Over several instances, it was proven that the individual in question had been injecting narcotics including Methadone and Hydrocodone. The result was a tangible hazard to the health of the unit’s inhabitants, who consequently experienced shortness of breath as well as skin and eye irritation.
In such circumstances the question arises as to what legal recourse condominium associations might have. How do they protect their unit owners? When criminal conduct has been committed on the property, condominium associations will need to navigate through a myriad of legal uncertainties while also trying to reassure their residents that their living space is safe.
This incident is a stark reminder of the complexity of the tasks at hand.
Not only will the association need to coordinate with law enforcement throughout an investigation, but they will also need to address the immediate and future safety concerns of their residents. Resolutions can range from increased security to relocation assistance for the infringed resident. Yet each solution proposed brings with it new sets of challenges and legal parameters.
In sum, when faced with criminal conduct within a condominium association, the responding association has multiple responsibilities and roles. They must consider the moral and ethical dimensions, the potential psychological impact on residents, the legal liabilities, and the need for clear communication to all parties involved.
While there is no easy answer to these challenges, knowing what avenues to explore and what questions to ask can help associations prepare for and respond to such incidents in an adequate manner.