HOAleader.com - Tip of the Week - January 13, 2023
Published: Fri, 01/13/23
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HOAleader.com - Tip of the Week - January 13, 2023
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A Pennsylvania appellate court recently held that a community association couldn't force an owner to vacate his home by passing a ban on sex offenders residing in the community. In Lake Naomi Club Inc. v. Rosado, it was revealed that the association also approached a renter about the same issue, and the renter vacated the unit.
In this week's tip, we discuss whether your community would also be shut down if it attempted to push sex offender owners or tenants out.
First, here's what happened in Lake Naomi. The legal question before the appellate court was whether a private, planned community could adopt a restrictive covenant prohibiting lifetime sex offenders from residing within the community.
In 2013, residents raised concerns about a sex offender who was living in Lake Naomi. In 2016, the community amended its declaration to provide that certain serious sex offenders shall not occupy or reside in any lot, dwelling, or common area within the boundaries of the Lake Naomi community and that no unit owner or agent of an owner shall knowingly allow such a prohibited person to occupy or reside in the community.
The amendment was approved by 94 percent of owners who voted, with a 71 percent turnout in that vote.
During that same time period—in 2015 and 2016—a homeowner in the community since 1998, Eric Rosado, appears to have been convicted in both Pennsylvania and New York for sex offenses against his 7-year-old step-granddaughter. After he served his sentence and was paroled in 2018, Rosado returned to his Lake Naomi home.
That same year, the HOA sent a letter to Rosado demanding he vacate his home because of his ongoing sex offender status. In 2019, when he refused to leave, the HOA sued to enforce its restriction.
The appellate court held that the HOA's restriction violated public policy because the HOA was essentially attempting to regulate activity only the state could regulate.
Is your state like Pennsylvania, or could your community effectively ban the most serious sex offenders? Find out in our new article: https://www.hoaleader.com/members/4636.cfm
Best regards,
Matt Humphrey
President
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