I received notice from my HOA last week that the city council is discussing new rules for sex offenders. They're wanting to map out certain areas and say that they're not allowed to buy houses there. But, the downside is that they don't want a bunch of sex offenders all piled up in one area of the city.
My community was built in several phases, but mainly in two distinct phases. My section has an HOA and the other section doesn't. Before I bought the house last year, there was apparently a vote to force the other section into the HOA, but they fought it as they didn't want to spend the $360 a year for a governing party looking over them. You can definitely tell the difference between the two sections because with the HOA, you can do anything to your house without any approval, and barns in the backyard are just not sexy...
Anyway, part of the proposition is that any community with an HOA would be an area that the sex offenders could not buy property as the HOAs can opt to keep them out with their bylaws. The problem resides with the connecting section of my community that isn't part of the HOA... we would be keeping them out, but yet, they would be right there... very interesting duscussion this meeting should be.
Do other areas across the country have rules within their cities or communities about sex offenders?
Actually, the HOA looked them up before sending out the announcement. There is 1 in my zip code and 10 total in the other two zip codes in my city... the one in my zip code is over 5 miles away.
I was very surprised that the cities can make laws and rules like this. I thought there was a law that they couldn't live within so many feet of a school, but I didn't know they could restrict them further than that.
Sexual offenders* do not reform themselves by doing time. They're just out, waiting for the next "perfect oportunity". The rate of re-offense is extremely high.
*I'm not talking about the 18 year old boy caught dating a 15 year old girl either.
I'd rather not have a convicted rapist living near me either, but singling someone out over that seems a violation of the Fair Housing Act. I'm not an attorney, but I e-mailed one because this is an interesting question. I'll report back his response when I get it.
Ken Stampe HomeLoanDFW.com
Response from real estate attorney Ben Capelle:
"The Texas Fair Housing Act, Property Code Chapter 301 actually allows discrimination against individuals on the basis of sexual orientation and against individuals who are transvestites. However I am not familiar with any statute which allows discrimination because of registered sex offender status."
He then asked if this meant I didn't have to move....lawyer humor....
Ken Stampe HomeLoanDFW.com