Sex Offenders Banned
- 2 days ago
- 2 min read
New HOA rule prohibits registered sex offender residency
The Los Lagos Vistas HOA Board unanimously approved a new rule March 19 to prohibit convicted sex offenders from residing in the community effective April 19.
The Board developed the policy after media reports and police visits to Los Lagos Vistas notifying of sex offenders living in the complex. The notifications are required by law.
The HOA already has a rule in its CC&Rs that units can’t be rented to level 2 or level 3 registered sex offenders. The new rule expands that to a general prohibition against any residency by level 2 and level 3 sex-offenders. No sex-offender registrant may reside at any HOA unit, whether the person owns, leases, is a guest, or maintains common household with an owner or tenant.
The rule applies to any registrant who is present at the unit for 72 hours or more.
Some audience members expressed concern that the rule might invite lawsuits. However, HOA President Jason Hart said the new policy was prepared by an attorney familiar with the issues and who recommended the policy. The attorney cited Arizona Revised statutes, specifically ARS 33-1260.01(H), as the basis for the new rule.
Hart said the HOA can’t prohibit sex offenders from purchasing property in the complex, but they can’t reside in the complex.
Hart said the HOA determined sex-offender registrants present an unreasonable threat to community safety because of their access to common areas and possible exposure to other residents and children.
After reading the entire rule before the Board vote, Hart said he has not received confirmation that registered sex offenders live in the complex.
If homeowners rent their units, they must take “any and all action necessary and appropriate” to determine if prospective tenants are registered sex offenders. If an owner learns a tenant is a convicted sex offender or became a convicted offender during tenancy, the owner must notify the tenant of the rule, and the tenant must vacate within 14 days.
The new rule includes enforcement actions, up to and including eviction, litigation, injunction, or other means to remove the offender.
Sex-offender designations are based on criminal conviction for such crimes as child sexual abuse and molestation, sexual assault, unlawful imprisonment, kidnapping and others, plus the likelihood of reoffending. Level 2 is considered a moderate risk of reoffending and requires community, school, and employer notification. Level 3 is considered high risk with extensive notification requirements, including flyer distribution to the community, school, and employers. Level 3 offenders are considered potential threats to public safety.
Level 1 offenders have low recidivistic risk, and notification is limited to law enforcement and those living in the same home.
Convicted offenders must keep personal and contact information updated, report changes to police within 72 hours, and verify information in person with local authorities annually—or more often if they don’t have a permanent home.
