Registered Sex Offender

First of there is one living there they have to send out a notice to all the neighbors they are living nearby. So is this proven fact or rumor?

Plus the background check is it for criminal or financial background? There is a difference. Also the criminal check only checks for the county you live in . It does not check for other areas.

We have a sex offender living on the road to our entrance area. They are not a member. We got a notice in the mail. Can also check online. If they are a sex offender they must report it. If not, then contact the police about if that is a violation.

Your HOA can not evict. The owner has to do it. Tenants rights are involved. It will not be easy to evict of the lease agreement not broken.

Follow up information - he is on the Florida Department of Law Enforcement website, listed at the address near us. So it's true that he was convicted of a sex offense.

I was more concerned that he somehow slipped through the cracks. We have had issues in the past where the condo property manager has approved a lease before the master has approved, which is a violation of the documents. Our documents provide for (and we perform) a credit check and a background check.

However, I found out that although it lists his address as of 2022, he has actually lived there for more than 10 years and was there before the condo and master documents were changed to allow us all to void his lease. So this is all a moot point. Apparently he has been "outed" in the past with his picture posted by the gates and emails sent about him. One of his neighbors told me he lives with his long-term girlfriend and has not been an issue. I have no desire to stir up trouble with this one.

Last week we had a guest of an owner who got filmed by another owner performing an intimate act on the sidewalk in public view. The sheriff was called, the guest was arrested for indecent exposure. The owner who filmed it posted the film on NextDoor. Owners complained we had "let him in" the community. It's not an armed camp - we don't check IDs at the gates.

We do have the authority to turn down a tenant. Here's what our documents say:

10.4 Approval Process; Disapproval. Any Owner intending to lease his Parcel shall submit a copy of the proposed lease, an application, and any other requested information and required fees at least thirty (30) days in advance of the commencement of the lease or renewal or extension term. Upon receipt of all information and fees required by Master Association and an interview (if requested by the Board), the Master Association shall have the duty to approve or disapprove all proposed leases within thirty (30) days of receipt of such information for approval and the completion of the Tenant/Resident interview (if required), by sending written notification to the Owner within such time frame. All requests for approval not acted upon within thirty (30) days shall be deemed approved. Applications for renewals or extensions of lease agreements shall be submitted at least thirty (30) days in advance of the expiration of the lease agreement. If the Master Association disapproves a proposed lease or renewal or extension, the Owner shall receive a short statement indicating the reason for the disapproval, and the lease shall not be made, renewed, or extended. The Master Association shall neither have a duty to provide an alternate Tenant nor shall it assume any responsibility for the denial of a lease application if any denial is based upon any of the following factors:
10.4.1 The Person seeking approval (which shall hereinafter include all proposed Occupants or Residents) has been convicted of, pled no contest to, or has been released from incarceration, probation or community control for:
(a) a capital, first or second degree felony involving violence to Persons within the past ten (10) years; or
(b) a first or second degree felony involving illegal drugs within the past ten (10) years; or
(c) any drug offence involving the manufacture and/or distribution of illegal drugs regardless of when that conviction, plea or release occurred; or
(d) a felony involving sexual battery, sexual abuse, or lewd and lascivious behavior regardless of when that conviction, plea or release occurred;
10.4.2 The Person seeking approval has been labeled a sexual offender or a sexual predator by any governmental or quasi-governmental agency regardless of when that label occurred;
10.4.3 The Person seeking approval is currently on probation or community control for a felony involving violence to another or damage to or theft of property;
10.4.4 The application for approval on its face, facts discovered in connection with the Master Association's investigation, or the conduct of the applicant, indicate that the Person seeking approval intends to conduct himself in a manner inconsistent with the Governing Documents. By way of example, but not limitation, a Tenant taking possession of the premises prior to approval by the Master Association as provided for herein shall constitute a presumption that the applicant's conduct is inconsistent with the Governing Documents and may constitute grounds for denial;
10.4.5 The Person seeking approval has a history of disruptive behavior or disregard for the rights and property of others as evidenced by his conduct in other housing facilities or associations, or by his conduct in this Community as a Tenant, Resident, Occupant or Guest;
10.4.6 The Owner or Person seeking approval has failed to provide the information, fees or appearances required to process the application in a timely manner or has made material misstatements or withheld material/information during the application process; or
10.4.7 All Assessments, fines and other Charges and monetary obligations against the Parcel and/or Owner have not been paid in full.

I don’t mean this as second-guessing you - but do you have any idea of what kind of sex offender he’s supposed to be? It’s been several years since I’ve looked into it, but there are people who are considered sex offenders because they got busted for stupid drunk stuff like urinating in public.

On the other hand, some sex offenders are really scary. I guess I’m just suggesting that you get some idea of the hazard this person presents before putting a lot of time into it. And maybe you already have.

Bill

FWIW, our CC&Rs prohibit Tier 2 and Tier 3 sex offenders from living in the community. They can own property, just not live in it. I know there are other states where even this prohibition is too much, and there's an increasing move toward recognizing felons' rights, which is why I advised a chat with the HOA attorney.