Does Your HOA Have a Policy About Sex Offenders? Should It?
The issues surrounding sex offenders moving into a community are
always difficult. Fear and emotion understandably run high.
How can you help your homeowners association deal with this
challenging issue? Should you create a policy? If so, what should
it say? What can a policy do?
This is another area where state laws vary, so you should start
by determining what your state's rules are. Some states allow
HOAs to create restrictions. Florida, for example, is one of them.
Bob Tankel, principal at the law firm of Robert L. Tankel P.A. in
Dunedin, Fla., told us that if an association in Florida wants to
keep anyone who has been convicted of a crime and has served his or
her time out of the association, "it has to be voted on by the
members and in the governing documents. I strongly urge that
associations consider a document amendment to deal with the issue."
"If it's not in your governing documents," adds Tankel, "work
with legal counsel and local law enforcement to determine the
best route of notification, if any. There's no standard protocol
for what to do about sexual predators or offenders within a
community association. It's not defamation to tell people that
someone is a convicted criminal, but it may be beyond the
Get more info--including 5 tips for protecting your homeowner
association residents from a sex offender--in our new article
(free access): http://www.hoaleader.com/