What To Do as an HOA when Getting Notice of a Sex Offender Living in the Community?

by Diana Coada

Owners often turn to their homeowners association (HOA) boards for action regarding and protection against sex offenders.  

As an HOA, you should: 

  1. NOT spread the known sex offender’s name and address.
  2. Ensure adequate security is provided on common areas (cameras at the pool, for example).
  3. Remind the homeowners that the HOA only has the powers and duties set forth in its governing documents and the law.

As an HOA, you can:

  1. Publish or make known to the homeowners the website for the sex offender registry.
  2. Look into amending the HOA governing documents to ban sex offenders from renting or owning property in the community after seeking a lawyer’s advice. Such amendments are potentially illegal and likely to be declared as such by the courts.