HOAs Can't Ban Sex Offenders

I feel that if the majority of the Planned Development votes to BAN Sex Offenders than the vote should be honored. What do you think?

Home Owner Associations or neighborhoods with deed covenants, conditions, and restrictions (CCRs) are unlikely to be successful in an effort to ban sex offenders from purchasing a home, says Charlotte, N.C., attorney Michael Hunter.

Hunter, who specializes in community and condominium association law, says adding such a restriction to bylaws or covenants would likely be found unenforceable by the courts and could expose the HOA or community organization to a civil rights claim.

The best way to deal with the issue, Hunter says, is to ensure that all residents are aware that a registered sex offender is residing in the community. The board should avoid identifying the sex offender by name or address because of potential liability in the event that a resident reacts irresponsibly.

Source: Charlotte Observer (03/27/2010)