Sex Offenders

Started by KevinK7 • 4 replies • 3163 views

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KevinK7 (Florida)
Posts: 1,343

Posted:

I was reviewing some documents for my neighborhood and came across an amendment my HOA had passed back in 2007 that restricted sexual offenders from owning, renting, or residing on a lot in the neighborhood.

I was wondering if that is legal.

I'm not trying to defend sex offenders, but it sounds very strange that a rule can be created to deny ownership of a property.

I would also assume that sex offenders who owned prior to this amendment would be grandfathered in?

GlenL (Ohio)
Posts: 5,491

Posted:

Tricky question given the ambiguous state of your HOA but yes it has been done with a properly executed amendment of the Covenants.

This is from an article by an Ohio attorney on sex offenders:

Several boards have taken steps to eliminate the possibility of a sexual predator moving into the community. These boards have introduced an amendment to the Declaration which prohibits sexual predators from living in the association. While this type of amendment has not been tested in Ohio courts, it has been upheld in other states for the reason that an association’s interest in preserving resident safety outweighed the negligible impact the restriction would have on an owner’s ability to sell or lease the residence.

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KevinK7 (Florida)
Posts: 1,343

Posted:

Sorry to clarify - this involves my other HOA, which is less ambiguous then my more frequently mentioned one

Thanks for your input. I can understand the renting and residing portion of the amendment, but the ownership issue seemed a bit harder to follow.

GlenL (Ohio)
Posts: 5,491

Posted:

I doubt they could make someone sell if they already owned there, theoretically they could prevent them from residing there.

Studies show that 5 out of 4 people have problems with fractions

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Sex offenders are only the one's that have gotten caught. There are more who haven't done their time or have been found out yet, that still own property out there. Sex offender's is a tricky situation. Some sex offenders are labelled that for life after they may have turned 18 and dated a 16 year old in high school the parents didn't like. There are the other nasty sex offenders out there that deserve the term. The law doesn't differentiate.

There are federal/state laws regarding felons/sex offenders the HOA can't control or limit. So be careful when drafting such ammendments no matter what the intentions. There are already laws out there preventing sex offenders from living near schools or other such facilities. No need to ammend your documents for that. There is also the notification system that will let you know you have a sex offender in the neighborhood. If they don't do that, they go back to jail for violation.

Sex offenders and felons are a tricky thing to handle. There are those who deserve a second chance and those who don't. Most wouldn't buy property against their restrictions. Too risky but should be allowed. Notification and communication is key. Worry more about the one's who aren't following the laws already in existance instead of adding more on.

Former HOA President

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