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Felony Charges

Started by MichelleC8 • 10 replies • 690 views

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MichelleC8 (California)
Posts: 80
Posted:
It has been brought to a few neighbors attention one of our owners is currently facing felony charges - specifically listed online as possession / distribution of child pornography. The charges and court hearings, arrest records and consumer alert( on their professional license that they hold) is also public knowledge online.

Court hearing dates are pending. - Since this is all public record, I researched it as well. It’s correct. I don’t think there is anything that
Can be done on a HOA level but neighbors are concerned. Kids live nearby and this individual has been known to befriend individuals with minors in the home. The only thing Davis Sterling addresses is if a person is a board member and a felony is issued etc.

I beleive there is nothing to do until a guilty or not guilty verdict happens. Meanwhile the shock of this situation is so unsettling.
MaxB4
Posts: 3,513
Posted:
This might help:

https://www.davis-stirling.com/HOME/M/Megans-Law-Define

HenryS7 (Pennsylvania)
Posts: 336
Posted:
Quote:
Posted By MichelleC8 on 10/20/2021 5:32 PM
It has been brought to a few neighbors attention one of our owners is currently facing felony charges - specifically listed online as possession / distribution of child pornography. The charges and court hearings, arrest records and consumer alert( on their professional license that they hold) is also public knowledge online.

Court hearing dates are pending. - Since this is all public record, I researched it as well. It’s correct. I don’t think there is anything that
Can be done on a HOA level but neighbors are concerned. Kids live nearby and this individual has been known to befriend individuals with minors in the home. The only thing Davis Sterling addresses is if a person is a board member and a felony is issued etc.

I beleive there is nothing to do until a guilty or not guilty verdict happens. Meanwhile the shock of this situation is so unsettling.

At least this person is not on the board.
MichelleC8 (California)
Posts: 80
Posted:
Quote:
Posted By MaxB4 on 10/20/2021 5:58 PM
This might help:

https://www.davis-stirling.com/HOME/M/Megans-Law-Define


This is exactly what I couldn’t find. Thank you!!!!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So what? Not a board member. Is just a homeowner/member. What can you do as long as they are paying their dues? Nothing illegal of being a criminal and owning a home in a HOA. Just something to wag one's tongues about. Plus if really is convicted? They are going to jail or prison. Won't be living there. Pretty sure they will end up selling the place to pay legal expenses. All HOA can do is make sure they don't owe dues.
Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
You're correct - for now, you'll have to wait until the criminal proceeding runs its course. As Melissa noted, there's nothing illegal about being a convicted felon and homeowner, but in this case, you may want to track the proceeding to see if this person is eventually required to register as a sex offender. Since there are additional rules as to where they can live (e.g. they can't live near schools), this could be tricky if there are a lot kids in your neighborhood. That said, this owner is in for a world of hurt - in addition to the publicity and potential felony conviction, his/her professional license may be at risk (child pornography can result in the license being yanked because there are standards of conduct the license holder must uphold).

It may be helpful to make a call to the non-emergency line of your local police department and find out what the HOA might do if it comes to that. Here's an article from the Chicago Tribune on the subject that could give your board some things to think about - remember, right now you're educating yourselves, so you have to WAIT to see how this progresses before considering any action: https://www.chicagotribune.com/news/ct-xpm-2010-02-03-1002020160-story.html

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
Our attorneys recommended that the board develop a policy for handling things like this.

For sexual offenders they recommended disclosure to the community. However, this should not involve publishing names and addresses, but a more limited form such as a notice in the newsletter. It should state that the board has been informed that a sexual offender may be living in the community and refer people to resources such as the local police/sheriff or the state's offender registry. This protects homeowners from risk and the HOA from liability.

They also recommended that we amend our CC&Rs to prohibit a sexual offender from living in the community. Such persons can own property, they just can't live here. So far sexual offenders or felons in general aren't in a protected class as far as Fair Housing laws go, but that could change in the future so board should stay alert.
PatJ1 (North Carolina)
Posts: 568
Posted:
Unless your CCR's provide for safety and security of resident's person and property, I wouldn't touch this with a 100 foot pole. The board should make no comments about resident's arrests or convictions. Let the chatter continue.

That FYI placed in a board issued newsletter or email may come back and bite the board back.

Sex offender registries are available in most places. So is crime mapping. Where a sex offender is allowed to live is determined by, and policed by the municipality, not a volunteer HOA board.

Please don't provide resident's person and property with safety if you don't have to.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PatJ1 on 10/21/2021 6:44 AM

That FYI placed in a board issued newsletter or email may come back and bite the board back.

Yep. Look at the FL association who simply listed a contact for the neighborhood watch in their newsletter. Legal action was brought and they settled for over a million.

See:

Trayvon Martin's parents settle wrongful-death claim from the Orlando Sentinel
LetA (Nevada)
Posts: 2,679
Posted:
Not a whole lot you can do. Innocent until proven guilty, and you're in California where sex offenders are given preferential treatment over non criminals.

I had a Trier 2 convicted rapist with a child 14 and younger in a rental home right next door to me. According to the sex offender registry neighbors are to be notified, that did't happen and can't decorate for halloween. Police did't do
a D@MN thing every time they decorated and passed out candy.
MichelleC8 (California)
Posts: 80
Posted:
You are absolutely correct. I wasn’t looking for what the board could do but if there was something helpful out there. It was posted with the Davis Sterling Link. This individual has tried to get on the board several times over the years. We are due for ou annual election soon. If they attempt to toss their hat in the ring the board can deal with it then. Our CCRS do not allow board members with felony convictions to serve anyway. ( something about bonding etc) thank you though.. I appreciate it a lot

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