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DaleB (Arizona)
Posts: 12
Posted:
We are a rural HOA in Arizona. An owners son recently moved in with them. The sheriff noticed all the members living close to them that we he was a registered sex offender. A number of owners later hired him to do odd jobs on their property, which is up to them. However, our road committee later hired this person to do odd jobs for the HOA. This seems not only inappropriate, but likely has put our Association at risk. Am I crazy in thinking that the association should never have hired this person?
GlenL (Ohio)
Posts: 5,491
Posted:
Depends on the type of sex offender, pedophile, rapist, someone who had sex with an underage person (BF-GF 18 vs 15) or someone who got caught urinating in public (public exposure) all of which can land you on the sex offender registry list.

Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,059
Posted:
Dale,

In my opinion, the issue depends on what the jobs are and if the individual has access to keys to individual homes as part of that job.

Have you brought your concerns to your Board of Directors?
If you have, what was their response?
If you haven't, why not?
PeterD3 (Florida)
Posts: 708
Posted:
Arizona has public information sites where you can find out exactly what this person was convicted of.

Have you done this?

If not, you cannot state that your community is at risk or it is inappropriate to hire him.

As others have said there somewhat innoculous or victimless crimes which may label you as such upon conviction.

If he just got caught urinating behind a dumpster then yea, I'd say you're crazy.

Of course it may be worse but don't assume anything, get the information available to you before panicking.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Peter makes a lot of sense when we think of the "crimes" that may be victimless. Get busy with a little research, Dale.
DaleB (Arizona)
Posts: 12
Posted:
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. 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?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A convicted sex offender who has served their time, is allowed to work and make a living. We don't know what the conviction was about. Was he 18 and had a 16 year old girlfriend? Did he marry his "victim"? There are restrictions on more serious crimes. Which could mean they can't live near a school.

My opinion is: Teach your children about sex offenders and to stay away from them if they are uncomfortable. Adults: don't have sex with someone that's a sex offender unless you are comfortable with the circumstances of the conviction. You and your neighbors are NOT victims of a sex offender. Your offending the sex offender by not allowing them to rehabilitate and learn to be a better person in society. No one improves their circumstances if no one is given a chance to do so. Until this guy does something, then let them be. You know what they are and take your own personal steps/opinion with you. Don't poison everyone else around you...

Former HOA President
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
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.

Quote:
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.

JohnB26 (South Carolina)
Posts: 1,569
Posted:
Larry,

O-M-G

Do you mean actually spend a few $$$ and get a PROFESSIONAL opinion?

What are you thinking?

Other posters,

DOH
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Dale,

It's common sense. Find out the crime. If the victim was a child - and you have children in your community - this vendor must be relieved immediately. I don't believe a person is entitled to work on your property because they served a prison sentence as prescribed. It means nothing towards their rehabilitation. But, sex laws have been greatly expanded, even to include "Romeo & Juliet" crimes.
SG3 (Pennsylvania)
Posts: 63
Posted:
I agree with kelly. You have no obligation to rehabituate a criminal. Find out what the crime was to see how concerned people should be. I kind of doubt the sheriff would notify you there was a potential pee-er on your land.

Please us know what the national sex registry notes.

Better to err on the side of caution here. They don't usually stop.

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