Would this work: Can't move in if a criminal?

[Nayabone]

Originally Posted by lenniel

This would be a private community governed by HOA which can essentially make their own rules. If one of the bylaws of the HOA was that you had to submit to a criminal background check in order to buy in the community, then it seems pretty simple. Essentially the board of directors would determine who gets an application acceptable (criminal background and proof of employment being the only factors they could deny someone).

For example, in my neighborhood (gated), you're not allowed to ride a motor cycle on the streets and you can't keep a boat either in your driveway or next to the house. If you don't like the rules, don't live there.

I am currently president of an HOA in a gated community. We have a convicted ex-con living a few doors down from me right now, and has lived there for several years. He was convicted of sexual assault of a fellow soldier (F) while in the military and served time in a military prison. After release he moved in with his parents down the street. He has a job and has been a model citizen since his release.
About a year ago one of the other residents found out about his past and notified the HOA, so we looked into what can be done. I contacted the local sheriff and asked what we can do about him living in our community. We were informed by the sheriff that we can't really do anything as long as he behaves himself. I then checked with our legal representative and got the same answer. He served his time and is now a free citizen to live where he chooses.
Legally we can't even send out a notice to the other residents in our neighborhood. If we were to send out a notice to the rest of the residents about his presence, we would be liable for legal action if he were to pursue it. He served his time and paid his debt to society and has the same rights as anyone else. He has been a model citizen since he has lived here. He no longer drinks, which was his downfall originally.
You can not make a rule that you can't live someplace because you were once convicted of sexual assault. We checked out all of this with the sheriff and our legal representative.
I will tell you that I'm happy he was convicted of having too much to drink and molesting a fellow soldier, and not that he were a convicted child molester..!
Just for grins, check the record for how many convicted ex-felons live in your community, you will be shocked by the numbers. I checked and in my small community there are 135 convicted ex felons living in my town. They are everywhere, and as long as they behave you can't do anything to deny them access to live where they wish. There are restrictions about child molesters living near a school, other than that, not much you can do...
Just my experience...
Also, just because you are a private community with an HOA, you can't just make up any rules you wish, you are still governed by local laws and restrictions.

[lenniel]

Originally Posted by Nayabone

I am currently president of an HOA in a gated community. We have a convicted ex-con living a few doors down from me right now, and has lived there for several years. He was convicted of sexual assault of a fellow soldier (F) while in the military and served time in a military prison. After release he moved in with his parents down the street. He has a job and has been a model citizen since his release.
About a year ago one of the other residents found out about his past and notified the HOA, so we looked into what can be done. I contacted the local sheriff and asked what we can do about him living in our community. We were informed by the sheriff that we can't really do anything as long as he behaves himself. I then checked with our legal representative and got the same answer. He served his time and is now a free citizen to live where he chooses.
Legally we can't even send out a notice to the other residents in our neighborhood. If we were to send out a notice to the rest of the residents about his presence, we would be liable for legal action if he were to pursue it. He served his time and paid his debt to society and has the same rights as anyone else. He has been a model citizen since he has lived here. He no longer drinks, which was his downfall originally.
You can not make a rule that you can't live someplace because you were once convicted of sexual assault. We checked out all of this with the sheriff and our legal representative.
I will tell you that I'm happy he was convicted of having too much to drink and molesting a fellow soldier, and not that he were a convicted child molester..!
Just for grins, check the record for how many convicted ex-felons live in your community, you will be shocked by the numbers. I checked and in my small community there are 135 convicted ex felons living in my town. They are everywhere, and as long as they behave you can't do anything to deny them access to live where they wish. There are restrictions about child molesters living near a school, other than that, not much you can do...
Just my experience...
Also, just because you are a private community with an HOA, you can't just make up any rules you wish, you are still governed by local laws and restrictions.

Wrong. This would essentially be a private club/neighborhood with rules and regulations for 'membership' to live there. I just used HOA since most people know what an HOA is. Just like other private clubs that don't accept certain races, genders, or whatever, that's what this would be but instead of 'discriminating' the rule would simply be, that if you have a criminal record, don't both applying because the board won't review your application.
It's the same reason I can't paint my house hot pink or ride a motorcycle in my subdivision streets or park my boat in my driveway. It's against the rules. If I don't like the rules, guess what....I can move.