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Posted By DaleB on 04/02/2014 7:35 PM
I am not actually panicking. However, it seems that an HOA would have a pretty high standard when hiring workers. The board has been made aware and some did not even know this person was hired.
I would not expect high standards from an organization where membership is mandatory for every Tom, Dick, and Harry who buys property. If this is an owner-controlled board, no reasonable person could expect anything better than the worst if the board members' sole qualification for holding office is that they bought a piece of real estate. While it would be nice if each and every board member knew each and every employee and his background, I do not think that is going to happen in the real world.
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Posted By DaleB on 04/02/2014 7:35 PM
If the sheriff is required to inform us about this person. Are we required to inform any owner who may come into contact with this person?
If I read your post correctly, it sounds like the sheriff has already done all that the law requires him to do regarding notifying residents. I do not think he has a duty to give additional notice to those who might employ this person. I am unaware of any statutory requirement for your association, as employer, to give notice to others, especially if the information is already available from state or county websites or other public resources.
There is, however, some risk that could arise depending on a lot of variables. If your association has reason to believe that this person is a risk to others, ignores the risk, and an injury occurs as a result of this person's on-the-job activities, then the association could be held liable for gross negligence.
Rather than follow this guy around with a bullhorn, you would be best to consult an attorney for an opinion and evaluation of your risk. As others have pointed out, the reason for being labeled a sex offender can range from the almost-comical to some serious nasty stuff. The risk to your association will depend a lot on what this person did to become a sex-offender and how much contact he has with others through his employment with the association.