Many condominium and homeowners’ associations worry about people who are registered as sex offenders under the Sexual Offender Registration and Notification Act (SORNA), usually referred to as “Megan’s Law.” Many associations I work with have considered a range of ideas, from not allowing Megan’s Law registrants to use the community pool all the way to not allowing Megan’s Law registrants to own or rent units in the community. Up until now, there has not been much legal guidance on what an association can and cannot do. A recent case, Lake Naomi Club, Inc. v. Rosado, is the first Pennsylvania case to address some of these questions.
What is Megan’s Law?
Megan’s Law requires people who are convicted of certain sexual crimes to register with the Pennsylvania State Police. Registration may include information on where the person lives and works, photos and physical descriptions of the person, and descriptions of the crime that triggered the registration. Depending on the “Tier” of the sexual offense, a person could be required to register on the Megan’s Law site for 10, 15 or 25 years, or for life.
Some of the worst offenders – defined as “Sexually Violent Predators” – trigger a community notification process. For these registrants, the police will provide notification to anyone who lives or works within 250 feet of the registrant’s home, or to the 25 closest residences. They also provide notice to local school districts, day cares and preschools.
Megan’s Law does not say where registrants can or cannot live or work. Other than notification for Sexually Violent Predators, Megan’s Law does not require the police to tell anyone when a registrant moves into the community. People can search for sexual offenders or request notifications through the State Police.
The Lake Naomi case.
Lake Naomi HOA amended its Declaration to say that no registered Tier III sex offender can reside in any home within the Community. The amendment was approved by over 70% of the Unit Owners. Mr. Rosado owned a home in Lake Naomi when the amendment was passed. The Association sued Rosado to keep him from living in his home.
The Commonwealth Court decided that the Association could not prohibit Megan’s Law registrants from living in the Community. The Court said that Megan’s Law and the Parole Board establish the statewide public policy that regulates where Megan’s Law registrants may live. No condominium or homeowners’ association is allowed to restrict where sex offenders can or cannot live.
Continue Reading Associations Cannot Ban Sex Offenders from Community