Sexual Predator

Started by NormanK2 • 8 replies • 647 views

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NormanK2 (Florida)
Posts: 39

Posted:

My wife and i bought into a 55 plus park here in Fl. Last yr. the board approved a home for a sexual Predator this was never talked about at a board meeting so we the people in the park never approved it alot of us have Grandchildren that visit what can we do if anything ?

DavidG45 (Delaware)
Posts: 994

Posted:

It depends on your state. Most states require sex offenders to live outside of specific distances from schools or other place where children might gather - so a 55+ community is probably going to be within their legal parameters.

I believe Florida law allows an HOA to prohibit criminals or others, but only by including it in their governing documents. So the question is, do your government documents prevent residents who are registered sex offenders? I am curious when you say the board "approved" this resident. Does every new resident go through some kind of approval process?

Also, you might want to take a deep breath. Unless you know specifically who this person is and what their past consists of, there is a good chance they don't represent a genuine threat. A lot of our sexual offender laws are pretty wide and could include somebody who, as a teenager, mooned someone or went streaking.

NormanK2 (Florida)
Posts: 39

Posted:

We found out he was at a party and two girls 15 and 16 were there and everyone was drinking and he had Sex with both of them.

SheliaH (Indiana)
Posts: 6,964

Posted:

Do you know for sure that's true? If so, someone should have called the police and told the parents. Did you ask the person (or persons) who told you this information where they got it from and how do THEY know it's true?

There are a number of older conversations on this website about sex offenders (the ones who have to register with law enforcement and the list is available to the public). As was said earlier, they are prohibited from living in areas where children are known to be (e.g. schools), but residential neighborhoods could be trickier because even they need a place to stay. The HOA would also get in trouble if they told everyone "Mr. So and So at 123 Mudbath is a sex offender!" It might not be accurate and open the man to harassment and worse (which might prompt him to sue the HOA).

You may want to contact local police in your area (non-emergency line) on best practices in addressing this. Our now retired security officer (off duty cop) told us the best thing we could do is encourage parents to talk to their kids about "stranger danger", "good touch, bad touch" and things like that. Here's a link on other ideas you could consider - but talk to the police and your association attorney before proceeding:

https://www.stopitnow.org/ohc-content/sex-offenders-in-neighborhood

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I am not sure that is something one can stop. Especially an HOA. If they meet the requirements of being a sex offender (reporting, distance from schools/victims etc.) not much can do. You know who it is. What they did. How likely are your grandkids going to go party with this person and sleep with them? The right morals taught most likely not...

Former HOA President

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By NormanK2 on 07/20/2022 12:47 PM
We found out he was at a party and two girls 15 and 16 were there and everyone was drinking and he had Sex with both of them.

Are you saying this is why he is registered, or are you saying this just happened?

KerryL1 (California)
Posts: 14,550

Posted:

Yes, Norman. Did this just happen in your HOA? Or was this alleged incident the issuethat made him a registered sex offender. I think it's the latter, but not sure. Have you seen this report, or is it just neighborhood gossip?

BillD16 (Texas)
Posts: 971

Posted:

Given that this is the incident that got him labeled a sexual predator, I’d be interested in knowing how old he was at the time of the offense, and how old is he now?

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

CathyA3 (Ohio)
Posts: 6,299

Posted:

You need to be clear about the type of offender that you're dealing with. Tier 1 can include folks like the high school kid who turns 18 before his girl friend does, and the girl's parents go to the cops because they don't like the boy (I actually know someone this happened to, and he was no threat to anyone). Tier 3 includes the most serious offenders; ie. the predators who will re-offend. So the "sexual offender" designation traps some people that the laws probably weren't intended to trap along with the serious bad actors.

Can the HOA do anything about this? Maybe, maybe not. Laws in individual states will vary, but our attorney gave us some guidelines for dealing with this issue:

* Felons have rights, including the right to privacy, so boards need to be careful about how they deal with sexual offenders in the community.

* The board also has a duty to help ensure safe conditions within the community.

* In order to balance these two potentially conflicting requirements, if the board found out about a sexual offender living nearby, we were encouraged to notify the community in general terms ("we have been informed that a sexual offender is living in this area") and to refer homeowners to local law enforcement for details.

Amending your CC&Rs to prohibit certain types of offenders from living in your community may be the only effective option. The board should consult with the HOA attorney to see if that's possible in your state.

Our CC&Rs prohibit Tier 2 and Tier 3 sexual offenders from living here - they can own property in the community, they just can't live here. Fortunately for us, there are three grade schools within a 1.5-mile radius of my community as well as a day care center immediately adjacent to us - so we're covered if state laws ever change to make our restriction unenforceable.

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