Harmony Articles

Sex Offender Offensive
The issue of sex offenders living within a homeowner association has received a lot of well deserved press. This awareness was triggered by Megan’s Law which mandated that each state have a mechanism for informing the public of the whereabouts of sex offenders. In 2003, the Supreme Court ruled that information about potential predators may be posted on the Internet.

As a result, most states have a website that list names, addresses and details of the offense. Sex offenders are also required to register their address each time they move. According to National Alert Registry at www.registeredoffenderslist.com there are 491,000 registered sex offenders within the United States.

Clearly, sexual offenders are both repugnant and cause of legitimate concern. The staggering number of offenders living in our midst calls for vigilance and reasoned action. HOAs are often required to control behaviors within the HOA that "disturb" the neighbors. This generally refers to things like pet control and loud music. Criminal behavior should always be referred to law enforcement authorities prepared to deal with it.

But the sex offender issue is a conundrum. From a legal perspective, the former sex offender has served the court mandated sentence and has been set free to enjoy "life, liberty and the pursuit of happiness." However, there is compelling evidence that many of these individuals are not cured of their compulsions and, if given a chance, will act on them again.

Fortunately, citizens are allowed to "monitor" others that could have criminal intent. That monitoring needs to be just that...from a distance. It does not entitle aggressive action or confrontation. As stated in one state’s Sex Offender Registry: "The information provided on this website is intended for community safety purposes only and should not be used to threaten, intimidate, or harass. Misuse of this information may result in criminal prosecution."

That statement means if the HOA takes an aggressive stance against a sex offender, there could be legal repercussions against the HOA. However, the Board does need to acknowledge and deal with the issue. When made aware it exists:

Verify the Accuracy of the Report. Accusing someone of being a sex offender could do a lot of harm if untrue. Do not rely on hearsay. Verify the information through law enforcement officials.

Measure the Threat. Not all sex offenders are guilty of the same degree of offense. For example, some may have had a consensual relationship with a minor who is close in age (say, 17 years old and 19 years old). And some sex offenders may have not repeated an offense for many years. These situations are much less serious than a repeat offender who preys on young children. Get the facts.

Consult with Legal Counsel: Every state has slightly different versions of Megan’s Law, including immunities involving disclosure. Be clear what disclosure authority the HOA may have before moving forward with disclosure.

Avoid Buyer or Renter Screening. The HOA needs to steer clear from screening potential residents. The Board and manager are ill equipped to do this properly and failing to identify a sex offender would implicate the HOA in crimes committed within the HOA. Leave screening to the landlords and lenders.

Disclosure. Once the information is verified, it’s appropriate to alert the residents when there is a known sex offender living within the homeowner association. Here’s a suggested letter to send to all owners and residents (including renters and the sex offender in question):

"The Board of Directors has been informed that an individual living in the community is considered a sex offender by the legal authorities. The purpose of this notice is to allow you to take appropriate precautions.

We encourage you to become familiar with the possible threat such an offender may pose by visiting the state website at (fill in address). You can also call local police for more information.

The homeowner association is not legally authorized to remove this offender from our community nor required to provide additional security. Take appropriate precautions and if you witness suspicious or unlawful activity, you should immediately contact the police or dial 911."

When informed of their presence, make sure your HOA members are informed. When it comes to sex offenders, offense is the best defense. For a list of sex offender websites, go to www.klaaskids.org/pg-legmeg2.htm BACK

Bit of a Bother
"Nuisance" has been defined as "something that causes harm" and "a bit of a bother". Nuisances are a pretty common occurrence in homeowner associations since living in close proximity is bound to create friction from time to time. Most HOA governing documents include language like: "No resident shall engage in offensive activities which are a nuisance, or interfere with the quiet enjoyment of other residents."

These "nuisance" provisions trigger the need for the HOA to control resident behavior that qualifies. The problem is, there is a growing belief in the legal community that these provisions themselves may be a nuisance for the boards responsible for enforcing them.

One problem is simply defining the term "nuisance". The obvious goal of nuisance provisions is to prevent residents from making other residents miserable. But the broad wording of typical nuisance provisions leads to arguments of whether such provisions apply to almost any activity, or none of them. This ambiguity causes board members charged with enforcing them to echo former Supreme Court Justice Stewart’s statement about the difficulty of defining obscenity: "[I can’t define it], but I know it when I see it."

In the same vein, many HOA boards would agree that they recognize a nuisance when they see it. However, this approach has mixed results. Behavior that infuriates one person might go unnoticed or overlooked by another. Hyper-sensitive residents may deem all sounds as offensive, while others may refuse to recognize how their neighbors could find the most offensive behavior unacceptable.

The typical nuisance language in HOA documents doesn’t offer much guidance to the boards who must mediate these disputes. One option is to list the activities or behaviors that will constitute a nuisance. Generally, the board has the authority to adopt resolutions "to clarify" the governing documents. A nuisance resolution could include:

1. Barking dogs at any time.
2. Unsupervised pets in the common areas.
3. Loud music, TV, singing. etc. between 10 pm and 8 am.
4. Obnoxious odors.
5. Use of chemicals or equipment that cause life or fire safety concerns
6. Tobacco or barbeque smoke that migrate between units.
7. Housekeeping that causes fire safety or health conditions (overly cluttered, attracts vermin, mold, etc.)
8. Other activities that the Board deems to be a nuisance (catch all provision)

Is a nuisance a bit of a bother or something that causes harm? Good question. But this is an area that the board needs to establish a policy that works most of the time and then focus on those special cases that require more thought or mediation. BACK

Seasons & Reasons
People come into your life for a reason, a season or a lifetime. When you know which one it is, you will better understand how to benefit from the experience.

When someone is in your life for a reason, it is usually to meet a need you have expressed. They have come to help you through a difficult time, to provide you with guidance, to support you physically, emotionally or spiritually. They are there for the reason you need them to be. Then, the relationship comes to an end. Sometimes they die. Sometimes they move. Sometimes they force you to take a stand. Regardless of the reason, their work is done.

Some people come into your life for a season to help you grow or learn. They bring you peace, make you laugh and usually give you joy. Believe it, it is real. But only for a season.

Lifetime relationships teach you life lessons, things you must build upon in order to have a solid emotional foundation. Your job is to accept the lesson and put what you have learned into practice and other relationships.

Friends made for seasons and reasons help guide us to good and Godly ends. When they knock at your door, answer the call. BACK

Peacemaker Blessing
Homeowner associations can be hotbeds of discontent, turmoil and conflict at times. Out in the big world, combatants can often successfully just avoid each other rather than deal with the problems. But within the HOA, avoidance is much more difficult and being in conflict with a neighbor can make living there very stressful. Unresolved conflicts in HOAs often prompt one or both to move to avoid further unpleasantry.

The Bible teaches that conflict comes from the desires that battle in the human heart: "What causes fights and quarrels among you? Don't they come from your desires that battle within you? You want something but don't get it. You kill and covet, but you cannot have what you want. You quarrel and fight. You do not have, because you do not ask God. When you ask, you do not receive, because you ask with wrong motives, that you may spend what you get on your pleasures." James 4:1-3

Conflict caused by concealing the truth, bending others to your will, or seeking revenge is clearly counter productive. But conflict can also be fueled by good intentions in a desire to be understood, loved, respected, or vindicated.

Conflict can arouse different kinds of responses. One response is to run, hide or deny the problem exists. Another response is to attack either verbally, physically or legally. Neither of these responses diminishes the conflict and usually has quite the opposite effect. The only real long term solutions to conflict are peacemaking responses like:

1. Overlook the Conflict. Just because we get slapped doesn’t mean we have to get even. An eye for an eye and a tooth for a tooth leaves only the blind and toothless. "A man's wisdom gives him patience; it is to his glory to overlook an offense." Proverbs 19:11 "Bear with each other and forgive whatever grievances you may have against one another." Colossians 3:13

2. Reconciliation. Making amends is not only the right thing to do, it relieves us of anxiety and hostility. "Therefore, if you are offering your gift at the altar and there remember that your brother has something against you, leave your gift there in front of the altar. First go and be reconciled to your brother; then come and offer your gift. Matthew 5:23-24

3. Mediation. Pride is a high mountain to climb. Sometimes, a little help from a friend is needed to build a bridge of reconciliation. "If your brother sins against you, go and show him his fault, just between the two of you. If he listens to you, you have won your brother over. But if he will not listen, take one or two others along, so that every matter may be established by the testimony of two or three witnesses." Matthew 18:15-17

4. Accountability. Rather than stand idly by while a neighbor engages in self destructive or harmful behavior, intercede in a caring way. "Brothers, if someone is caught in a sin, you who are spiritual should restore him gently." Galatians 6: 1

Peacemakers do not avoid conflict but confront it directly with the goal of reconciliation. Reconciliation is not always easy to achieve because the human heart can be hard. But blessed are the peacemakers who point the way. BACK

Frequency of Recency
One of the more common mental biases that affects people is known as "recency". Recency is the tendency to consider the most recent information as more important when making a decision instead of weighing all information equally. This kind of thinking can be pervasive in the homeowner association environment. In the heat of discussion, the most recent hot topic can loom large and perspective lost. Recency causes skewed decision making driven by passion. How does this phenomena manifest itself?

Consider the enactment of a rule designed to control the scofflaws. An example is the guy that has five vehicles and only one parking place. After repeated notices to thin out his car collection, the board decides to take radical action, enact a no-nonsense tow on sight rule and smite the offender. This approach, however, also applies all including the occasional offenders and guests. The towing policy is not necessarily a bad one but needs to be approached with reason.

When it comes to rule making, rules need to be widely applicable. They should never be enacted to control the few. The few, frankly, could care less. When a narrow rule is enacted, the many that generally live in harmony with their neighbors are netted with the few that don’t. This is a bad mix and bound to create ill will or inconsistent enforcement of the rule.

Consider collections when they involve a habitual trouble maker. The board may react with "last straw" will and enact an iron clad collection policy punctuated by a foreclosure option. The manifestation of "recency" thinking again affects all members, including those that have a legitimate excuse for their delinquency (job loss, disability, etc.). Bottom line: The board needs to be careful in its "one size fits all" rules and policies.

Consider reacting to a member’s bullying at a board meeting. One of the great advantages of a meeting agenda composed in advance is that the board is given the opportunity to reflect on upcoming discussions, even if they’re controversial. If member concerns are required to be on the agenda to get board action, impromptu tirades can be deflected to a future board meeting. In truth, tirade passion usually dwindles over time and the board rarely needs to deal with these issues at all. Use the meeting agenda to avoid shoot-from-the-lip decisions.

Consider reaction to rumors. This is the most insidious recency of all because it is accomplished by stealth. If the accuser is confronted, they simply deny they said it or claim what was said was distorted or exaggerated. Trying to defend against rumors is like trying to catch the wind. It’s at its worst when the rumor mill is churned by a board member who is privy to board discussions and philosophy. While the best approach is to try to ignore such undermining, it’s also good to confront directly and demand change.

When recent events stir the body politic, it’s usually time to put the matter on the slow track. Time heals all wounds and moderates hysteria of the moment. If the discussion takes on a personal aspect (like, "You worthless SOB!!!"), it’s time to adjourn to another time and place so that reason, and not recency, prevails. There are few issues in an HOA that require immediate board action. When the effects of recency begin to taint board thinking, shake them off and slooooow dooooown. BACK