Registered Sex Offender

Started by AlexM1 • 20 replies • 3549 views

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AlexM1 (Oklahoma)
Posts: 287

Posted:

A Registered sex offender is now renting in one of the condo units here. To my knowledge, the HOA can do nothing to that renter even when neighboring owners/renters complain about a registered sex offender living nearby. Has anyone had any similar experiences with this type of situation?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Well I do not see what the problem is. The person is identified and checked often. You all have been notified and know who they are. I am more worried about those who have not...

Sexual offender status is a hard one. That is because of the varied degree of the sex offense. It could be that a 17 year old was dating an 18 year old parents did not like. It can be someone drunk made a bad pass at someone and they got charged. It can be the worst crime of rape or pedophelia.

Not knowing the nature or circumstances of the charge, I can not judge or fear. I can say that the HOA can not interfere with the lease. It is none of your business except for the law notification...

Ps. I now live across the street from a man investigated for a sex offense. He could not be a nicer neighbor and a good father. However, his ex wife is vindictive and made false charges against him. So if I got a notification on him I would toss it out in the garbage along with the rest of us neighbors.

Former HOA President

JohnB26 (South Carolina)
Posts: 1,001

Posted:

? which law, PRECISELY, is being violated ?

? none ?

MYOB

ps. I presume ALL your taxes are paid including sales tax on out of state and internet purchases - let he who is without sin cast the first stone

JeffT2 (Iowa)
Posts: 880

Posted:

Sex offenders are registered due to the danger they pose and the high risk of committing another offense. If you are concerned, and you definitely should be, Google it to get articles.

Any individual can look the offender up in the online registry, find out the level/type of the offense and the risk of repeating.

Any individual can contact local law enforcement to inform them of the presence of the offender, and to get advice. Many offenders do not inform the state of a new address after moving, which is a violation of the law, possibly subject to arrest. Do not assume the offender is in compliance. Some states have laws that limit where a sex offender can live, so if you are lucky the offender may not be allowed to live at your condos by law. You have to ask.

Some states have laws against harassing the offender.

Any action by the board has risks.

Your association can pass an amendment to ban sex offenders. You should definitely use an attorney and the amendment may be subject to a legal challenge.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA can not ban sex offenders. The HOA does NOT own the homes. The mortgage companies do or you pay straight out for the home. Why would a HOA need to make such a rule if there are already existing local, state, and federal laws? Waste of time, money, and effort.

Sorry I am not one to live in fear of a sex offender. My plans are to not put myself in a situation where I would need to interact with them. The person being a renter the HOA has no need to interact with them. The owner's responsible.

This is a MYOB situation as this person is NOT paying dues and is an acknowledged risk. My worry is what were they doing before they got caught and punished? It's NOT the known the risks but the unknown ones...

Former HOA President

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Former HOA President

AmandaR2 (South Carolina)
Posts: 566

Posted:

I agree with JeffT that they can pose a danger and feel that you have the right to be concerned. I would educate myself in the laws for your state regarding the subject of sex offenders rights and your rights. It is my understanding that state laws on this subject vary greatly. In a quick search I found that some states allow governing documents to be enforced restricting renting of units to convicted felons which would include sex offenders as tenants, and if restrictions are properly adopted they can be considered reasonable and could be enforced against all tenants. Many states also have laws about sex offenders living within a certain distance of schools or where children congregate. If I were you I'd find out ALL the specifics in your state and identify areas that are under your HOA control. Be careful not to cross the line and do or say anything that could be considered harassing.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Here are some threads where we talked about similar issues:

Subject: Sex offenders living in your association from 2008

Subject: Sex Offenders from 2011

Subject: New Crazy HOA Litigation from 2014 (legal action trying to force sex offender out of development)

Subject: Indiana HOA bans sex offenders from 2008

From elsewhere:

HOA ban on sex offenders leads to lawsuit 2013 from the American Bar Association Journal

Registered Sex Offenders from an attorney talking about what responsibility does a Board have to disclose this info

TimB4 (Tennessee)
Posts: 21,059

Posted:

Forgot to add: Please do not reactivate the old threads, simply use them as background reference.

GlenL (Ohio)
Posts: 5,491

Posted:

Lucky us we've two Tier III offenders living in our COA a pedophile and a rapist but they've done their time and are known. The ones who scare me are the ones unknown.

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

KerryL1 (California)
Posts: 14,550

Posted:

Interesting, Amanda. In your "quick search," which states allow governing documents to restrict renting to convicted felons??

I've heard (but don't know) that in FL, HOA boards or committees can vet those applying to be tenants? Is that true based on your search?

AmandaR2 (South Carolina)
Posts: 566

Posted:

Honestly Kerry I didn't get all the details and didn't jot anything down, so don't hold me to it but I believe FL was mentioned as favoring associations more so under certain circumstances, it may depend on the level of the actual offense??. The general vibe was that while it may be impossible for an association to block a buyer, it might be possible to have a rule/restriction excluding convicted sex offenders as tenants if the rules are properly adopted. Like I said just a quick search I think one site was www.hoaleader.com and and attorney was questioned on Avvo about the subject. I too would be interested in the details and will research more when I have more time. I have not run into any issues personally concerning dealing with this subject anywhere I have lived, but it would be good to know a little about it just in case.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By AlexM1 on 03/02/2015 6:17 AM
A Registered sex offender is now renting in one of the condo units here. To my knowledge, the HOA can do nothing to that renter even when neighboring owners/renters complain about a registered sex offender living nearby. Has anyone had any similar experiences with this type of situation?

Alex,

There are sex offenders and then there are sex offenders. Before going off the deep end you should do some research to find out what this person did to earn the title of sex offender.

One of my childhood friends is now a sex offender. He was foolish enough to give his phone number to someone posing as a 13-year-old girl. He never had any sexual contact and the alleged "victim" did not even exist. Nonetheless, he was convicted of attempting to engage in sexual conduct with a minor and will be designated a sex offender for the rest of his life. Neither I nor the justice system equates my friend with someone who has been convicted of sex crimes against actual people, which is why there are tiers within the classifications.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

He was foolish enough to give his phone number to someone posing as a 13-year-old girl.

? Why ?

A jury of his peers found him guilty of an attempted crime.

or

He plead guilty.

Personally, I thank the system.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By JohnB26 on 03/03/2015 5:07 AM

He was foolish enough to give his phone number to someone posing as a 13-year-old girl.

? Why ?

A jury of his peers found him guilty of an attempted crime.

or

He plead guilty.

Personally, I thank the system.

No one said he was not guilty.

I am saying that "the system" differentiates between various levels of offenses. An attempted offense with an imaginary person is not as serious as a violent assault on a real person. Until I know more about what a person did or at least what tier he is in I do not go off the deep end.

JohnB26 (South Carolina)
Posts: 1,001

Posted:

Larry,

Neither do I.
I refer you to my original answer above.

AmandaR2 (South Carolina)
Posts: 566

Posted:

There's a story in the news section of this site about a AZ HOA and the topic of registered sex offenders and felons, y'all may be interested in. (If you noticed it already Kerry, my apologies in advance.)

GlenL (Ohio)
Posts: 5,491

Posted:

http://www.kpho.com/story/28335518/mesa-community-changed-hoa-rules-to-keep-out-sex-offenders-felons#ixzz3TzO6tJ8h

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

AllisonD (Florida)
Posts: 449

Posted:

Quote:

Posted By AmandaR2 on 03/02/2015 5:13 PM
Honestly Kerry I didn't get all the details and didn't jot anything down, so don't hold me to it but I believe FL was mentioned as favoring associations more so under certain circumstances, it may depend on the level of the actual offense??. The general vibe was that while it may be impossible for an association to block a buyer, it might be possible to have a rule/restriction excluding convicted sex offenders as tenants if the rules are properly adopted. Like I said just a quick search I think one site was www.hoaleader.com and and attorney was questioned on Avvo about the subject. I too would be interested in the details and will research more when I have more time. I have not run into any issues personally concerning dealing with this subject anywhere I have lived, but it would be good to know a little about it just in case.

We can restrict renters by amending the documents (if its not already there) to include Felony and Misdemeanor convictions. That being said, anyone can commit a crime after they move in and the amendment should state that the lease must be renewed every year and must include the background check. Mine does not state this! Usually sex offenders have restricted living conditions, such as they cannot live within a certain distance to a school or playground. My association is looking into installing pocket playgrounds. All you need is one or two pieces of playground equipment in 1 or 2 spots in your development (however many it takes to make it fall within the restriction) Our insurance agent said insuring it wont be expensive.

AmandaR2 (South Carolina)
Posts: 566

Posted:

Thank you for sharing the information and tips. Especially installing the playground equipment, it would be worth it to me.

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