WHAT IS AN HOA TO DO WITH MEGANS LAW?
What is the Board to do when it discovers a board member is a convicted sex offender? The advice has to be: be very careful. HOAs are getting a myriad of answers from attorneys. Some attorneys suggest getting aggressive and others are more conservative. The issues are complicated and numerous. If the problem is that the Board finds a Director is a convicted sex offender (felony), and the Bylaws for the Association state that no convicted felons may serve on the Board, the Board can ask the Director to step down, and if he or she does not, could vacate the position – but only if the Bylaws contain the qualification requirement. Can the Board ask him or her to move? I would say that doing so could lead to liability, especially if the “request” could be perceived as harrassment or a misuse of the information gleaned from Megan’s law lists. As to the other question, residents want action when they find out there is a sex offender in the neighborhood. Some want the person evicted. Some want
