Holding homeowners responsible

Can an HOA hold a homeowner responsible (i.e. fine the homeowner) if his/her renter is convicted of committing a serious crime within the community.

somewhere in the pages here was a similar thread, where an HOA actually had what constitutes a "morals clause" in their covenents...

If you have such a clause, and the renter breaks it, then yes, the owner is responsible. If you are speaking of a civil or criminal matter that is NOT a violation of a written covenent, then no, it's none of the HOA's business.

It depends on the CC&Rs.

From our CC&Rs:

"SECTION 12 – Offensive Activities. No noxious, offensive or illegal activities may be carried on upon any lot."

If for example, someone was producing meth amphetamine on the property, this would be a legal matter and also an HOA matter. If they were selling drugs, stolen merchandise, or offering prostitution on the property it would be an HOA matter.

If the owner or tennant was commiting criminal acts off the property, it would not be an HOA matter in most cases.

Ronald:

I was referrring the original question of a serious crime, not petty things like cluttering the lawn, etc. If you CC&R's have a moral clause in them so be it, I don't agree with HOA's getting involved in criminal activity but that is strictly my opinion.

Out of curiousity what would happen to a homeowner that is convicted of manufacturing meth in your neighborhood besides the obvious of being arrested, prosecuted, convicted, sentenced to jail and probably a fine from the courts?

Brad, I agree with you on that one. What a person does away from the property should be none of the HOA's concern as long as it doesn't harm the HOA. "Morals" are pretty hard to define.

The HOA can attempt to regulate behavior on common HOA owned property and to some extent, on member's properties.

If someone is dealing drugs on the property and you have a clause such as the one I posted above, then you can take whatever action your CC&Rs permit (usually a fine). And it doesn't matter if they are renters or owners or guests of either.

Thanks, I'm in Virginia, but I'll have the lawyers look into it.

especially with states making so many crimes into "sexual offenses" and making people convicted of them register as life long sex offenders (for example, public urination, flashing, drunk/disorderly, etc.)

Remember, in SOME states, if your 16 year old son has sex with his 16 year girlfriend, he can be convicted as a sex offender, and thus, you would get to move from your home if your community bans sex offenders. In one state recently, a young boy and young girl had consensual sex. However, both were under age of consent, and thus, the state charged them BOTH with statutory rape... both teens were criminal and victim for the same crime. Both, if convicted, will be sex offenders for the rest of their lives.

In another, a high school wrestler faces over 24 counts of RAPE because of a wrestling move he used in competition and practice, a move taught to every wrestler in high school. If convicted, he will be a registered sex offender.

lastly, let's not forget our elementary school kids, who are now being charged with assault, sexual harassment, and sexual assault for hugging each other, their teacher, teasing someone, or pulling a schoolmates hair. Again, if convicted, their families get to move under the strict laws in some parts of the country.

thank you brad... for remembering that being a parent is a job, not a hobby.

No amount of laws, registries, notices, etc. can do the job of a parent. They are tools, education, reminders, perhaps, but they are NOT a parent, and cannot keep your children safe. Only a parent can do that.