Sexual Predator

I'm on our rules commitee and we are currently overhualing our CC&R's It's been brought to our attention that some HOA's have in place bans against sexual offenders and or predators. Does anyone out there have language or reference to case law upholding the ban on predators/offenders?

Thank you

Steven Adler

Actually I have heard of it, I can't remember where it was. I would question the reasoning behind this, do people really thing by shunning sexual predators and forcing them out of our neighborhoods we are really protecting ourselves? Look at a recent case in Georgia where a 17 year old kid received oral sex from a 15 year old girl and was convicted of a felony and spent I think 4-5 years in prison before he was set free. This kid is now a sexual offender, is he anymore dangerous than any of us? A majority of sexual offenses with children occur at the hands of a relative or a friend we trust.

If I were to do anything, I would encourage my state officials to adopt the "Right to Know Law" all sex offenders would have to not only register in the County in which they are residing, but the local officials would have to notify everyone within a 1-mile radius that a sex offender has moved in.

I spoke directly with Elizabeth Dole at a convention about the federal goverment making it a federal law rather than allowing states to govern this.

Here in NC the only thing the offender has to do is register in the County. I live in an HOA and across the street from me is an investment home. The landlord didn't do his job in doing a background check and rented it to a sex offender.

As soon as I found out I was outraged, I documented a petition, got 134 signatures out of the 135 homes in my HOA. I sent the petition to the Mayor and to the Govenor of NC, within 1 week he left the house and moved out of state. I was not only petitioning to have him move from our neighborhood, but to demand the state adopt the Right to Know Law.

OK, I'm not defending sexual offenders or any other convicted felons by any means. Understand that. Don't bring it up.

I seriously doubt that an HOA can legally ban sexual offenders or predators. Any more than they can ban homosexuals or minorities.

Suppose a non-predator owns the property but rents to a sexual offender or allows one to live with him/her? How about if the offender just visits and occasionally spends the night? How about if the teen aged child of an owner is convicted of a sexual offense? Date rape?

Suppose a long time owner is convicted of a sexual offence? Can you force him or her to leave the property he or she owns? How many days would they be given to vacate? And what happens to the vacant property if the owner is not allowed to return to maintain it?

And finally, why attempt to prohibit sexual offenders while allowing convicted murderers and other felons to live in the community?

In many ways it would be nice to be able to choose our neighbors. Only people of our race or religion. Sexual preference or orientation. Our own political beliefs. Federal and State laws have been enacted to prevent this discrimination. Mostly this is a good thing. People who have paid their debt to society deserve to be allowed to rejoin that society. If they are still a risk, they should remain incarcerated.

Before you proceed with this thought, you would be well advised to have a talk with your HOA's attorney.

StevenA1: IMHO, you would only be within the law to confirm whatever your own state's laws are (if any) on sexual predators being allowed (or not) to live within so many miles of a school, playground, etc. Of course, the predator in question would have to be registered with the state/county's records as such, and that would be your proof. Anything beyond using your state's law may put you in a position for a law suit.