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April 7, 2006
Megans Law List - A Blessing or a Curse?
I use this phrase alot about things relating to Homeowner Association issues - is it a blessing or a curse? This is a perfect example. Boards in homeowner associations can be found to have a duty to react when the Directors become aware of information that there is a dangerous situation in or threat to the the neighborhood. Crime or attacks in the parking lot? Better improve the lighting, trim the shrubs, and possibly consider some security. Trip and fall hazard in the sidewalks because of settling? Better shave them down, paint warning strips, repair the concrete, or cordon off the area. Serious dry rot or termite damage in the stairways or weakening supports under the decks, better have the areas inspected, assessed for safety, and taped off if there is a risk of failure until repairs can be made. One owner threatening or harassing another? There are some decisions around the country indicating that the Board might be expected to intervene, address the conduct, possibly issue a warning, maybe more. In California, one board was held liable because an owner was attacked and raped. Because of reports of criminal activity in the neighborhood that had been rumored to occur, and the owner's resulting fears, the owner had tried to get the board to approve extra lighting, to hang extra lighting, and when she could not get approval, and put up her own lights, the Board made her take them down. (Francis T. vs. Village Green). Thereafter she was attacked and raped, and she sued.
But when a resident brings the board news of a sex offender in the neighborhood, or worse yet, news that a board member or board candidate is on the list, what is the Board to do? The normal reaction of the one who brings the news, and many boards, is get that warning out there. But what is the Board going to say? That the convicted offender is a neighborhood threat? What if the person happens to be a school teacher who has a "relationship" with a student who appeared older than 16? Or a celebrity stalker did something that got them on the list. Is that person a threat to the neighborhood little ones? Is it up to the Board to find out what the Penal Code section of the offense means and what the past commission of the crime means in terms of risk, given the makeup of the neighborhood? I do not consider that to be within the realm of the board's obligation. Assessing criminal behavior and risk should stay in the hands of the experts. Certainly, parents will take extra precautions if they know a child molester is in the neighborhood, but any individual can check the list.The Boards have enough responsibility without being put in charge of this kind of matter.
Even the first time I was asked to opine on this issue, a few years ago, something did not feel right. Jumping to conclusions and action raised all kinds of questions. How to react, what to say, how to distribute any notice, how residents would react, what it might mean to someone who was trying to sell their home, what it might mean to the person providing the home to the person on the list, either as a family member or a landlord, and what the ramifications to the Board or Association might be if there was some kind of disastrous reaction from the residents.
So, I talked to police officers, public defenders (of whom I happen to have 3 in my family), and colleagues. I learned from the police that if listed offenders are harrassed, at some point the list might be withdrawn, and so that was not advisable. They could disseminate some information but had to walk a fine line and advised the same for Associations and residents. I went onto the web checked the list to see what and how that worked. Until I went to check the list, I was not aware that there stated warnings about the ramifications for misuse of the list right there as you navigate your way in. And then last year, the stakes were raised. The punishment for misuse of the information (such as harrassment) was increased and the law was tightened. Why? Complaints about misuse of the information perhaps?
Whatever the reasons, Association Boards have to be very careful about what they do with information provided by the lists identifying a sex offender's presence in the neighborhood. For more, visit the guru and read the article posted back in January, located at the californiacondoguru website http://californiacondoguru.com Click on "What's New" and check out the article "Caught Between a Rock and a Hard Place."
The same advice applies to any information that comes to a board indicating a possible threat or hazard in or to the neighborhood. Address it pragmatically. Do the research or investigation needed, and move forward thoughtfully and with the right kind of advice.
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Posted by Beth Grimm at April 7, 2006 9:30 PM