Sexual Offenders

[Shelley]

Through one of my communities Homeowners Assoc group we have learned that we have a sex offender living there that has a court date coming up in April. This resident just moved in to our community. At this time our criteria doens’t address criminal issues of any sort.
I called our corp. attorney this am and he’s telling me that we can absolutely deny someone of this nature. At this time the person is living within our community. No where on his app did he disclose anything and as I have said, at this time we do not check any criminal back ground.
What is your view on this situation? Do you know of communities that do address this type of situation on their minimum requirements.
I would welcome any feedback on this you have.

[Chrissy]

Oh, yes, there are lots of communities that address this very issue. First and foremost, is he living there with the written approval of the community manager? Or did he move in with a friend? Even if you don’t check criminal records, you have a right to deny residency to anyone who, in your opinion, poses or might pose, a threat to the health, safety, and welfare of your other residents. If he has signed a lease in his name, look within your lease to find the length of time you must give for notice. Also, please note - you can evict based on criminal convictions only - not allegations! Has he been found guilty? Be careful and good luck!