Homeowners' associations are adept at tackling problems like cracked swimming pools or unkempt lawns. But given that America's 65-and-older population is projected to grow by more than 70 percent in the next 13 years, boards will be forced to confront a new set of challenges: namely, sorting through legal questions created by the "aging in place" of the massive baby boom generation, attorney Megan McDonald Scanlon says.

The Williamsburg, Va.-based attorney, a member of LeClairRyan's national Community Association Industry Team, routinely helps property owners form and operate private community associations. She co-presented a seminar titled, "Aging-in-Place: The Boomer Community," with Thomas L. Willis, of Zalco Realty Inc. and Association Bridge LLC, at a three-day Community Associations Institute gathering in late July.

"Thanks to a confluence of demographic, economic, and social factors, more and more elderly residents are staying put rather than moving into institutional settings such as retirement or assisted-living communities," Scanlon says. "This trend toward 'aging in place' makes it inevitable that a higher proportion of residents in a given community will face challenges such as loss of strength, coordination, and mental acuity over time, or will be diagnosed with a catastrophic illness. Unfortunately, this can create significant legal and safety questions for community associations."

The chronic neglect of house and yard often is the first sign that older residents are declining physically, mentally, or sometimes both, Scanlon says. But in the most severe cases, elderly residents could actually pose a danger to themselves and others, with potential legal implications for the association.

"An elderly person might be incompetent to drive and yet still be motoring through a neighborhood full of kids playing and people walking their dogs," she explains. "Or a person with Alzheimer's disease might end up wandering through a condominium complex, completely disoriented and in need of help. Naturally, concerned members of the association's board might want to act, but the potential legal risks involved in doing so require careful consideration."

If an association steps in as a response to the noticeable deterioration of a resident's mental acuity—perhaps by seeking an involuntary commitment—the association could be sued for false imprisonment, the attorney says. If board members were to check on an elderly resident by, say, forcing open a door, they could incur liability risk as well. And yet failure to intervene might also result in legal action, particularly if someone were harmed amid perceived inaction.

"Ultimately, it might not be the association's legal responsibility to make sure people are competent to drive or that they will not wander into the road," Scanlon says. "Nonetheless, the association could still incur significant legal expense to defend itself."

Fortunately, there is much that associations can do to be proactive about the trend toward aging in place. During the presentation, Scanlon and Willis offered a number of concrete steps that associations can take to reduce their legal exposure even as they improve the lives and safety of older residents.

"A prerequisite is to first take a careful look at all statutes, ordinances, and the association's governing documents. Each of these might affect what the association can and cannot do," Scanlon says. "In order for directors to be clear about the association's proper role, they must fully understand their responsibilities under the law. Likewise, association managers and staff members must be properly trained and informed of these responsibilities."

Next, associations should take a close look at the existing and future needs of their older residents, with a view toward connecting them with helpful resources, Scanlon says. "Some larger communities are moving toward, for example, establishing a weekly shuttle to the grocery store, which could improve transportation safety for individual residents and the community as a whole," he notes.

Community associations can reduce the isolation of older residents by offering them voluntary wellness or telephone checks, or promoting socialization through lunches and other events. They can collect residents' emergency contact information before a crisis happens and maintain an up-to-date list of people with special needs. Other steps might include forging solid relationships with local nonprofit organizations and social services agencies, starting the likes of "Friends Helping Friends" clubs and bringing in experts who can keep older residents apprised of technologies and services that promise to make their lives easier.

"Examples include the GPS bracelets that some municipalities now use to help families keep track of elderly people who are at risk," Scanlon says.

Knowing that MedCottages or so-called "granny pods"—miniature mobile home-like structures custom-designed for the elderly and intended to be parked in the back yard of a relative's home—are bound to become more popular, forward-thinking associations might develop clear architectural guidelines for such projects today rather than be caught off guard by them later. By setting similar guidelines for accessibility ramps and other structural modifications, they could maximize property values even as they protect residents' safety.

"The overall point is to take a positive, engaged, service-oriented approach," Scanlon says.