Our Clients Ask Us: Sex Offenders

Q: Our board is nervous that sex offenders may begin moving into our neighborhood. Is there anything the Association can do in order to prevent sex offenders from buying the property in our association?

ANSWER: NO.

Unfortunately, the Association cannot prevent a registered sex offender from owning property. Property ownership is a fundamental right—but the manner in which property may be used is not an absolute freedom of the owner. Property ownership rights are subject to federal, state and local laws, and subject to governing documents of a community association, if there is one. Accordingly, while the Association may not prevent ownership of a property, the Association may restrict occupancy of that property, whether it is owner-occupied or that it cannot be occupied by a sexual predator. In other words, sexual predators may own property at your Association, but are unable to reside on the premises.

In order to restrict the occupancy in your neighborhood, if your documents do not already provide for it, the Association membership can vote to prevent sexual predators from living in the Association. The amendment provision of your documents will specify the number of votes needed to amend your documents. If your Board should wish to look into preventing sex offenders from residing in your neighborhood, please contact my office.

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