Sexual Predator restrictions

Nope. Local laws apply. Your HOA isn't a bubble. Plus atleast you know they were convicted and did their time. It's the ones that haven't been I worry about.

JohnD73, I second TimB4's recommendation that the Board talk with the HOA attorney. By way of preparing for the meeting with the attorney:

-- I suggest the Board review Florida Statute 775.215 Residency restriction for persons convicted of certain sex offenses.—. It states in part:
"(2)(a) A person who has been convicted of a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,000 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,000 feet of his or her residence." -- See http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/0775.html

-- It does appear that in recent years, and per Florida law firm guidance, some Florida HOAs have lawfully amended their Declarations to prohibit sexual offenders as Owners. But you absolutely must check on this with an attorney, for the reason below.

-- The U. S. Department of Housing and Urban Development (HUD) enforces the Fair Housing Act. In recent years HUd has begun issuing 'guidance' on how in some instances, refusing to rent to a convicted felon may be unlawful discrimination, depending on the facts. By my reading at this time, HUD's guidance does not seem to apply to those convicted felons who are sex offenders. HUD's interpretation of the FHA for convicted felons is evolving. Hence I feel that consulting an attorney is important.

According to your HOA attorney and for legal reasons, was prohibiting ownership by a sex offender (using the covenant amendment process) not an option?

Wow. I had no idea. But it makes sense. As an academic matter, I wonder what options this leaves certain classes of convicted sexual predator for housing.

Thank you.

Someone asked about this in my community years ago, and our association attorney said there wasn't much we could do. It would be different if we were close to a school, but the closest elementary school is about a half mile away. The best we could do is suggest that parents check an online website that states where sex offenders live (the ones who have to register and provide this information.

the attorney said If the association said the person lived in the community and some went after him or her, the association could risk being held liable, so our security officer (an off duty cop) suggested homeowners be told the association had no control over this and they'd have to educate their kids on stranger danger and that type of thing. A HOA in a suburb to the south of my area tried to pass an ordinance banning sex offenders altogether and found out quickly they couldn't do it

In our case, someone rented a townhouse and I think the landlord found out about the conviction later (not from us) and terminated the lease.

Not a damn thing you can do about it. I had a tier 2 offender live next to me. We weren't even properly notified by the police that a T2 was living next door. They lived there or should I say, that was their registered address. The renter even decorated for halloween which is a BIG no no and the police didn't do a damn thing. To top it off their home is less than 200 feet from the community pool. IMHO the only safe place for sex offenders, especially child predators is the dust tray for a crematory retort.