Aging-in-Place The Boomer Community

Presenters: Thomas L. Willis, PCAM Megan McDonald Scanlon, Esq.

&

Association Bridge, LLC

Because Only Some of Us Can Be. . .

Jack LaLanne

. . .Young Forever

Jack LaLanne at age 71

What Are We Cramming in Your Brain at 8:30 on Saturday Morning?

• Make sure we are clear on what we need to consider when we manage communities whose residents are “Aging in Place”

• Identify the laws, codes and ordinances that affect how we do the business of the association and what they mean to us in the real world

• Consider the opportunities to be of outstanding service to everyone’s benefit – including ours!

Let’s Do Some Math

• As of January 1, 2011, ten thousand people in this country turn 65. . .EVERY DAY! (Alliance for Aging Research)

• By 2045, the number of centenarians (people who are at least 100 years old) in the United States is projected to reach 757,000 (United States Census Bureau)

• Between 2004 and 2024, the 65+ population is projected to increase by 70.2% (Centers for Disease Control and Prevention, National Center for Health Statistics)

From the U.S. Census Bureau

(in millions)

What Percentage of the Population is That?

(% of the U.S. Population)

The Legal Stuff and How it Applies to the Real World

credit: www.kpl.gov

This is an Advanced Class

• Assumes you have at least a basic working knowledge of: Community Association terminology Age restricted vs. non-age restricted housing vs.

de facto “age restricted” (or Naturally Occurring Retirement Communities aka “NORCs”)

Fair Housing Act (FHA) Housing for Older Persons Act (HOPA) Americans with Disabilities Act (ADA)

Legal Overview

• Federal Fair Housing Act (FHA)(and state counterparts)

• Housing for Older Persons Act (HOPA)(and state counterparts)

• Americans with Disabilities Act (ADA)• Local Building Codes and Ordinances

Fair Housing Act

• 42 U.S.C. 3604(b). . .it shall be unlawful to discriminate against any

person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin

Note: States typically follow federal act so we will discuss the federal act for the sake of simplicity

Fair Housing Act (cont’d)

• 42 U.S.C. 3604(e)(2). . .it shall be unlawful to discriminate against any person in

the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling because of a handicap of--(A) that person; or(B) a person residing in or intending to reside in that dwelling after it is sold, rented or made available(C) any person associated with that person

Applicability of FHA to Common Interest Communities

• Generally re: Discrimination• Disability Protections

HOPA, An Exception

• HOPA Exception to general rule against discrimination on

the basis of “familial status” Amends FHA to permit age-restricted housing with

very strict criteria for two types of housing: 55+ 62+

HOPA, An Exception (cont’d)

• Permitted Age Restricted Housing 55+

80% of Units must be occupied by at least one person 55 years of age or older; and

62+ 100% of Units must be occupied by persons 62 years of

age or older All persons occupying the Unit on a permanent basis

must be 62 years of age or older

Examples of FHA Issues Related to the Aging Populations:

• Rules/Policies that: Restrict children or are age-based (e.g. “Adult Swim”) Have a “disparate impact”

What Has Changed?

• Baby Boomers: Fewer got married Smaller families/fewer children As a result: Decreased reliance on family members

for elder care

What Does This Mean to Us in Our Day-to-Day?

• Changes as we age Gradual loss of strength Gradual loss of coordination Gradual loss of mental acuity Greater potential for catastrophic illness

What Does This Mean to Us in Our Day-to-Day?

• Practical Effect on Housing Physical Accommodations Social Accommodations and Programming Keeping up with Medical Needs Safety Transportation Governance and Management Proactive steps to facilitate “Aging in Place”

Governance Issues

• Senility and Alzheimer’s• Health & Safety

– Increased wheelchairs, walkers, canes, etc.• Association record, emergency contacts, next of

kin• Coordination with Social Services• Morale

Governance Issues (cont’d)

• Stepping in when there is noticeable deterioration of a resident

• Seeking an involuntary commitment when a resident becomes a hazard to himself or others – Weighing the risks

• Association could be sued for false imprisonment• Association could be sued for failure to intervene

• Seating a viable board

Opportunities for Excellence

Inner Space

Managing YOU First

Raising Your Professional Bar

Photo: George Herringshaw

Managing YOU First

Positive Mindset

credit: www.rockyvertone.com

Managing YOU First

Elevate Your Thinking

credit: www.thecomicmarket.com

Practical Strategies

Be Clear About Your Role (if you take your PD out and start reading it, I will whack your knuckles with a ruler)

Identify needs, listen and see reality Identify resources to meet the needs as possible Be a conduit/facilitator/dot connector Stay grounded in the bigger picture Lead others to do the same RESULT?

Practical Strategies

Identify and Build the Resource Base Family Organic Internal Resources Municipal Social Services Non Profit Organizations & Support Groups Emergency Responders Staff (properly LED and trained) DEVELOP RELATIONSHIPS IN ADVANCE OF CRISIS

Processes, Systems, Tips & Other Stuff

Administrative Processes & Operational Practices Advance information gathering Developing relationships with residents & their

families Be aware, maintain a service bias & TRAIN staff Special needs lists and database maintenance Develop useful, positive, routine communication Promote socialization through events and during

“official” association business events Out of the box helpful aids (fridge magnet idea)

Processes, Systems, Tips & Other Stuff

Building Organic Internal Resource Networks Friends Helping Friends Clubs or “Registered Groups” Volunteer telephone checks Commonly supported charitable organizations &

activities Regularly scheduled breakfasts/lunches, etc.

Bring in helpful experts Information exchange

Other? (get outta the box as needed!)

Processes, Systems, Tips & Other Stuff

Think About Policies & Procedures Wellness checks Admit slips/unit entry protocol Vendor lists (help combat fear of being taken) Emergency preparedness Stuff you might have to deal with one day, like….

MEDCottage by N2Carea.k.a. the“Granny Pod”

It’s 5:05p.m. on Friday, September 9…

Who Are We and Where Are We Going?

• We see the future and what it holds for us• We are aware of the legal requirements do

make sure we do things right• Our brains are geared up to look for

opportunities to do the right thing• We are stoked and ready to be awesome!

Who Are We and Where Are We Going?

Time to ask questions and swap brilliant ideas

Thanks for your dedication to our industry. Now go enjoy the rest of the VLR!!