What to do when you have elderly neighbours?

Often seniors, when it is time to downsize and move from the large family home where they watched their kids grow, play and prosper, will consider the low maintenance, level access option of an apartment in a strata complex over moving into a retirement village. Especially with the recent restrictions imposed on these establishments during the Covid pandemic. However, when making the move from a stand-alone house it is difficult for some seniors to grasp the full concept of strata living. Then on the flip side, for their neighbours to now think about the additional considerations complexities and risks that may be imposed on them with a senior living in their building/complex.  

For seniors moving into strat for the first time there are titles to understand, close neighbours to get along with, by-laws to adhere to, and with that, a whole new way of thinking and living. Evidently, for a strata committee and manager of the building it also begs the question; do they have a duty of care to their elderly residents and does that then supersede the responsibilities to their residents and investors to protect the property from damage?

The first step for ‘seniors’ that are new to strata living is to understand the strata title; that being, what, as an owner are they responsible for in terms of damages and in general common courtesy to their fellow strata complex residents. For the neighbours they need to be mindful of their senior residents' adjustments to a new living situation and just how to help an elderly person who may pose more of a risk to damage of the strata property as a whole.

What is a Strata Title?

A strata title is essentially a certificate of title for a lot and a share in the strata common property in a strata scheme set up under a Strata Title Act (refer to your specific state for further details on the Act that applies). The schemes strata plan indicates what you own when you buy a strata titled lot and then what is common property. 

The details of the title are where some seniors find it difficult to understand and even accept that perhaps they don’t necessarily own the outside of their four walls but they do own the inside of those walls (which this can also differ depending on which state your strata property is in). Add to that, following by-laws, having to submit requests/approvals for renovations, potentially being a part of a strata committee, can all become quite overwhelming. The WA Government has put together this comprehensive article with tips and advice on strata ownership which may be a helpful tool for seniors purchasing the property and the neighbouring residents to assist them with understanding the process, from buying to living in a strata complex. 

Understanding the difficulties seniors face when transitioning

It can be difficult to navigate for seniors going from their own property where they were the King and or Queen of their ‘castle’, and all the surrounding land, to a smaller communal living space where they may barely own the walls they reside in. They then need to take on board and adhere to a whole new set of rules that are set for the common good of the community, including:

• Being told where they can and cannot park.
• Whether or not they can have a pet and how much barking or noise their beloved little furry or feathered friend can make.
• What colour they can paint the facade on their balcony or even their front door.
• When they can and cannot use the facilities such as BBQs and the pool.
• Obeying not just state laws but also the by-laws of strata living and understanding what that all entails.
• Having to submit a request for strata common property areas to have repairs and be maintained and while they may have the wealth to fund this, other residents may not, which can cause a whole other set of issues and disputes. 

It is important as a neighbouring resident to keep their senior neighbours’ adjustment in mind and give them the kindness and space while they settle in. 

Risks seniors can pose to a strata living complex

While living in a strata property means we are relying on our neighbours to look after their own property to ensure the safety of all, things can happen to any one at any time, however, the risks do increase as our neighbours get older. Should a senior resident fall asleep with the tap running and cause water damage to not just their apartment but also the unit below who pays for all of this? Or, even more concerning, they  may leave a pan on the boil and get distracted with the TV or they might fall asleep causing steep and sometimes irreparable damage? 

These potential risks can be of great concern to residents, investors and the strata committee, however, unless the senior actually breaches a by-law there is not much that can be done (other than for the person responsible to contact their insurance company). Furthermore, the chairman of the committee/the building manager cannot force a senior (or their family members) to leave the strata living complex and push them into considering an aged care facility at any time, and especially not after an accidental event. Leaving the strata committee members in a predicament where they simply don’t know the best way to assist their elderly residents or their neighbours and show both a duty of care.

How can you and the committee help your elderly neighbour?

There are actually seniors rights service organisations that have been specifically set up to advocate and assist the elderly who live in strata complexes. They are there as an elder rights advocacy charitable organisation to provide free and confidential legal advice for older people who have strata issues. Here are a couple you can refer your senior residents to:

• OPAN (Older Persons Advocacy Network)
• Seniors Rights Service

Other ways you can help as a general duty of care include:

• Assist with any questions they have around their strata title and their rights as the owner of that space.
• Provide them with more information on your strata living complexes by-laws and again help them with any questions they may have around these laws.
• Be patient and kind. Remember they are transitioning into a whole new way of living so extending that olive branch may be the best way to keep all parties safe.
• Remind them of the benefits to strata living;
  • They no longer have to clean unused rooms due to their newly downsized apartment space.
  • There are no gardens to maintain (except for maybe their pot plants) or lawns to mow.
  • They no longer have to worry about unsafe areas that they may have had to navigate at their old property (e.g. stairs, broken hand rails, loose tiles).
  • In most cases they now have a nice retirement nest egg with the funds they have made from the sale of their prior property to draw from.
• It is also important to look after them as an overall considerate neighbour by: 
  • Checking in with them if there is a power outage and ensuring they have a torch to make their way around their home safely.
  • If there is a storm or it is a particularly hot day just do a quick knock on the door to make sure they are comfortable and safe.
  • Give them a wave or stop by for a chat if they are watering their plants and make them feel welcomed and cared for.
  • Offer to take out their bins on collection day along with yours, a kind offer can go along way to building relationships.

If you as a senior are having difficulty transitioning into strata living or have an elderly neighbour you think needs some help and advice, get in touch with one of our friendly Ace Body Corporate Managers.