QUESTION: Can a person who is a registered sex offender be on the board?
ANSWER: Yes. Beginning January 1, 2020, associations can no longer prohibit registered sex offenders or felons from serving on their boards of directurs unless they affect the association's ability to obtain a fidelity bond. A bill sponsored by the Center for Califorina Homeowner Association Law (CCHAL) voided all candidate qualifications for homeowner associations in California, except those allowed by CCHAL as outlined in the bill. (See Candidate Qualifications.) This is unfortunate since there is good reason for homeowners to want to keep Tier II and Tier III registered sex offenders off their boards of directors.
Offender Classification. There are different levels of sex offenders. The classification depends on the crime committed, the age of the parties involved, and the person's propensity to commit additional offenses. Following is a summary of California's classification system:
Tier I Sex Offenses. Public indecency, voyeurism, possession of child pornography, and sexual contact without consent.
Tier II Sex Offenses. Trafficking of minors for the purposes of sexual activity; sexual contact or acts with persons between the ages of 12-15; sexual offenses where the offender has a position of authority over the victim (parent, guardian, babysitter, teacher); and the production or distribution of pornography that includes minors.
Tier III Sex Offenses. Sex acts where force was used; sex acts where the victim is rendered unconscious or impaired through the use of drugs or alcohol; and sexual acts where the victim is under the age of 12.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.