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LarryJ4 (Arizona)
Posts: 1
Posted:
What options does a sex offender have when living in an HOA and is asked to move. He is an owner since 2009. The rule was adopted in 2006 and states" No person who is required to register as a sex offender pursuant to Section xxx of Arizona Revise Statutes may be a resident of Leisure World... Help....They gave me 2 week move. What can I do?
BrianB (California)
Posts: 2,820
Posted:
get a doctor to sign a statement that the reason a person is on the list is because of a disease or other legally protected reason (ie, a handicap) under the law, and then tell the HOA they cannot violate the rights of the person who has a legally protected designation under federal law.

it may or may not work. your mileage may vary. batteries not included. I am not a lawyer.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Quote:
Posted By LarryJ4 on 05/25/2011 12:41 PM
What options does a sex offender have when living in an HOA and is asked to move. He is an owner since 2009. The rule was adopted in 2006 and states" No person who is required to register as a sex offender pursuant to Section xxx of Arizona Revise Statutes may be a resident of Leisure World... Help....They gave me 2 week move. What can I do?

you already used up your options when you decided to commit a crime .... why don't you move to the middle of, let's say, the Gobi Desert
DonnaS (Tennessee)
Posts: 5,671
Posted:

Larry,

I hate to go "OPRAH" on you but you said that "He is an owner and then you said that they asked "ME" Take the ownership on this, no one is condeming you septin John but that is okay as he is entitled to his feelings.

I absolutely would find out from the State what your rights are, if there is a time limit on your restrictions etc. A good lawyer might be able to find a loophole here because you were either granted residency or you were designated as an offender after you were aproved to move in. 2 weeks is really a fast deadline so get professional opinions on this. We are not qualified to give you Arizona legal law.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Larry,

I agree with Donna, you need to see what the legal options are. I'm not positive that the Association can restrict you living there for being a registered sex offender any easier then other neighborhoods could restrict you living there. Now, just as other neighborhoods can make life difficult by informing neighbors of your status, I suspect that the Association could do the same.

This is something that you will need to discuss with an attorney.

Tim
JanetB2 (Colorado)
Posts: 4,219
Posted:
While I definitely do not agree with the crime, I also understand that potentially individuals are sometimes tagged with the crime unfairly due to custody disputes. So here is my advice:

We are not attorneys and you will probably need to hire one, so start looking around. Potential problem is rule was already in place in 2006, yet purchased in 2009. So … Why was purchase made within an HOA which had a said rule, if crime took place before the purchase? If this is the case you probably will have issues because rule was already in place and documents disclosed prior to closing on the property.

You might have your attorney start with reviewing these sections: 33-1803, 41-2198.01, 33-2401

JonD1
Posts: 2,350
Posted:
While the OP has not provided any details as to what crime he was convicted of or the circumstances I will not assume he has been the victim of some injustice.
The exact opposite has as much chance of being the case.

And to be honest I would not think it was a positive to have someone convicted of a crime which holds the status of sex offender moving in next to me.

Sex offenders have a very high rate of re-offending and I'm not as forgiving of that sort of crime as some others might be.

My advice understand that what you did is move than likely offensive to most people. And what you did will follow you around for the rest of your life. And in my opinion rightfully so. And IMO people who don't commit sexual offenses or perhaps fear behavior such as yours might and should do whatever is necessary to protect their families, properties and neighborhoods.

In the end I have no sympathy for the OP as in most cases this sort of crime has a true victim and I consider what might have been the affect on THEM not the criminal or sick person who commited the offense.

To be honest if I had advice or solutions to your problem I would not offer them to you.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Jon,

While I agree with you whole heartily and as a victum myself, I have no compassion for the crime. HOWEVER, we must move on. Pretend you are on a jury. Could you just weigh the situation with a solution to the problem without weighing in a judgement? I spend my entire life trying to find solutions to problems, yours, mine and even the O.P.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
As unpopular as it may sound or be, I don't believe a HOA can restrict their membership based on conviction history be it a sex crime or other serious crimes. IF the bank approved the loan/mortgage, then the HOA can't do much to interfere with one's ownership status unless it involves unpaid dues.

The person should contact their probation officer and/or local police department. They would hold the appropriate information on the actual restrictions a sex, drug, or violent crime offender. Some cities in my area restricts convicted sex or drug violators NOT to live within a mile of a school. This should have been explained when choosing where to live since there is a registration and notification process for sex offenders.

What is scarier is the sex offenders that are NOT caught or have been convicted out there. Atleast it is KNOWN this person has a criminal past and people can take appropriate steps for additional protection. I can't always say a person who's been convicted and served their time won't offend again, I just know we are to give them another chance to move past their past...

Former HOA President
JonD1
Posts: 2,350
Posted:
Donna I am sorry for whatever took place in your life.

But I am too old and too set in my ways to assist people whose behavior I cannot respect or accept.

To many people today act in ways that violate common decency and the law and then play the victim and we are all supposed to accept their behavior and forget that same behavior.

In the world to day for many there simply is no right or wrong. That's their problem not mine.

For me I am not a turn the other cheek kind of guy. I don't forget.

Life to me is not something you go through blindly offering assitance to each and everyone who asks. With certain behavior there should be consequences. The oeast of which being I will offer you nothing. That's what I believe and when you fail to behave in a manner that avoids sexual offender status to be honest I have no real use for you.

Should have thought of that before you did what you did.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
You do realize a sex offender can be a person who dated a 17 year old after they turned 18...or it could be the worst monster repeat offender...The law doesn't much dissimenate between the 2 extremes very well. Not every CONVICTED sex offender out there is out to get in your pants...just may have been the person they eventually married after they turned 18 too.

To group sex offender's without knowing or understanding the circumstances is on you. I worry more on the one's that aren't convicted...

Former HOA President
SusanW1 (Michigan)
Posts: 5,202
Posted:
It would be interesting to see if an HOA can enforce such a bylaw.

Unless he has violated the terms of his release, i.e. not reporting, breaking his criminal restrictions, it would seem that he would be in his legal rights to live there.

Potential civil rights case? I don't know.

(And yes, "sex offender" is a broad term as Donna said. If the violation was with minors, could he live in a 55 and older complex?)
JonD1
Posts: 2,350
Posted:
Actually, I have a degree in Criminology so I do understand the law and what behavior might constitute the use of sex offender status. I already stated the OP did not provide the circumstances hense it would be difficult to determine where this particular person falls in the range of criminal acts.

So let me offer this question to you all. Lets say you have a small child. Boy or girl or perhaps grandchild for whom you are responsible. Lets say someone moves into your neighborhood and it comes to light they are a registered sex offender but the circustances are not known. WOULD YOU ALLOW THIS CHILD TO BE LEFT ALONE WITH THIS INDIVIDUAL IN THE HOPE THEY WERE A LESS SERIOUS OFFENDER?

Would you fight to have this person given the ability to live next door to you?

Now lets say we find out this is the worst kind of sexual predator. Lets say like a recent case here in NY this person repeatedly raped underage young girls with the permission of and making payment to the childrens MOTHER!

So now we have a problem do you allow this person to live next to you or has this behavior crossed any lines?
So now it would be necessary for someone to determine which sexual offenders are welcome and which are not.

I did not group anyone with anybody that was your suggestion which did not occur. And as I stated most sexual offenders have true victims under all circumstances this is NOT in most cases a victimless crime I put their needs and the protection of ANY future victims before considering the rights or considerations provided the criminal.

And finally whether convicted, registered, charged or undetermined statistics show you should worry about them ALL.
IMO there are no "good" sexual offenders.

DonnaS (Tennessee)
Posts: 5,671
Posted:

This is a very hot button subject with many of us and we could go on to condemn Larry and everyone else in his situation so I think enough has been said on the subject. I hope that Larry looked at the advice that some gave him on how to deal with his situation and his Board. Not knowing what happened gives us notice that we do not know and should not judge the prior circumstances.
JonD1
Posts: 2,350
Posted:
Awareness might prove valuable

http://www.familywatchdog.us/
JonD1
Posts: 2,350
Posted:
http://www.felonspy.com/search.html

BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By JonD1 on 05/26/2011 7:09 AM

So let me offer this question to you all. Lets say you have a small child. Boy or girl or perhaps grandchild for whom you are responsible. Lets say someone moves into your neighborhood and it comes to light they are a registered sex offender but the circustances are not known. WOULD YOU ALLOW THIS CHILD TO BE LEFT ALONE WITH THIS INDIVIDUAL IN THE HOPE THEY WERE A LESS SERIOUS OFFENDER?

Would you fight to have this person given the ability to live next door to you?

Now lets say we find out this is the worst kind of sexual predator. Lets say like a recent case here in NY this person repeatedly raped underage young girls with the permission of and making payment to the childrens MOTHER!

So now we have a problem do you allow this person to live next to you or has this behavior crossed any lines?
So now it would be necessary for someone to determine which sexual offenders are welcome and which are not.

I did not group anyone with anybody that was your suggestion which did not occur. And as I stated most sexual offenders have true victims under all circumstances this is NOT in most cases a victimless crime I put their needs and the protection of ANY future victims before considering the rights or considerations provided the criminal.

And finally whether convicted, registered, charged or undetermined statistics show you should worry about them ALL.
IMO there are no "good" sexual offenders.

My answers:
IF i had a child, I would not allow them to be left alone with ANYONE until I knew them, knew their character, and had checked them out. I would not be in the habit of leaving my children with strangers, sexual offenders or non-sexual offenders. I believe part of being a parent is ensuring the safety of my child, and I would not trust anyone, even the government, to tell me that X person is good enough to provide care, or not good enough. If i left them in the care of a government certified, board approved, card toting, child care specialist, and they smacked the crud out of them for no reason, I would not say "well, the experts say this person is good, look at the card they have. must be i am wrong." Neither would I automatically look at the government who told me Mrs. X is a sexual offender, and is thus, incapable of ever turning her life around, always deserving of scorn, and should never ever be trusted because she might do something horrible to a baby, child, or my teen age linebacker of a son." Bottom line, I would trust my research, not what some idiot with a law degree (or worse, some Politician with NO brains) decided was the label they would carry.

One thing I always note about sexual offenders... we register them, scorn them, hound them, mark them, shun them, legislate them, often for the rest of their lives. But a convicted MURDERER gets no label. No legislation. No ban on living next to schools. If I touched a child inappropriately, my life is over. But if I murder and eat ten or so of them, I can do some time, and then live next to a school bus stop and day care center if I want.

One key difference? the children I murdered aren't alive. The ones I touched are.

no wait, that can't be right...

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