NE: Can an association restrict persons required to register as sex offenders?
A Nebraska Judge will soon decide whether a homeowners association can restrict someone registered as a sex offender from its community.
The Wildwood Estates Homeowners Association in Gage County, Nebraska, is seeking a temporary injunction to remove a registered sex offender from residing in its part of town. The association is arguing that it’s restrictive covenants specifically exclude people required to register from living in the community and courts have upheld unambiguous covenants in homeowners docs. Attorneys for the man argue that political subdivisions, and only political subdivisions, could create restrictions on where certain people could live, not associations and that the association is more akin to a membership and the association can’t prevent a class of people from being members.
The judge has taken the matter under advisement and will render a decision.
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After one has been in the system for a few years, it becomes increasingly apparent, this noose only tightens. If at all possible, move out of the city, into the country and live in peace. There’s way worse things on the horizon to be concerned about than power grubbers and foolish liberals. Once the SHTF, and it’s going to hit the fan soon, it’s everyone for themselves. Personally I’m ready for the coming revolution. Stop worrying about power grubbers and paranoid masses…There are basic needs. Food, water and shelter. Worrying about power grubbers and foolish liberals is a waste of time…
This will establish a bad precedent. I don’t really see how HOAs wouldn’t have a right to ban all felons from living there, let alone all sex offenders.
The issue is, will it be applied Ex post facto. How can you kick someone out of a house they own and have lived in for 30 years?
I am having that issue with them trying to form an HOA. I told them I moved here because there was not one and you do what you want but I am not joining and will see you in court. ( A lawyer I spoke to said if you sue them early, you can drain all their funds for forming the association )
I wish I had of done that, I moved , having no funds to sue at the time. Good luck.
This is a bad precedent.
At what point does ”substantive due process” take effect. Its crazy this ”civil” legislative law doesn’t infringe on due process yet? If SOR isn’t a form of probation then what is?
I read this about the same time I read another article by Lenore Skenazy (the “Free Range Children” woman), regarding the Colorado child abuse registry. Yes, there are such lists! Entry onto that list only requires an administrative finding by a caseworker, not a judicial action.
A father left his 3-year old sleeping unattended in a child car seat for 20 minutes on a 40 degree day, and police were called. Even though the man was allowed to leave with the child (no state law was broken nor was the child endangered), a caseworker subsequently filed a “finding” that placed him on the registry.
The couple hired an attorney to get the man’s name expunged from the registry only to find that the husband’s name was still on the list but merely flagged as “expunged.” An adoption agency refused an adoption but kept their $15,000 deposit.
SO registries are not the only scarlet letters created from society’s insane moral panic. I presume an HOA could use that list to exclude undesirables as well. I keep waiting for some common sense to mitigate our ever-increasing official and unofficial police state. “Hope springs eternal in the human breast.”
Veritas.
Ed
Some places also have Animal abuse registries. They are usually not made public but used only by places that would sell or adopt out a pet to keep bad people from gaining custody of more pets to abuse.
I’ve always hated HOAs. Exactly what gives them the right to dictate to people how often they cut their grass, what color they can paint their house, or any other thing a person wants to do with their own house?
…And you pay them for this privilege 🤣
What gives them the right is that they are a legal entity/requirement that people sign legal contracts to participate in. If a person does not want to be subject to an HOA, then he/she should not sign a contract for it. If a person wants to live in a nice neighborhood that others cannot trash, then it’s a good option. Also, HOAs are set to require anything from very, very little all the way up to things like you described (how often to cut grass). You should only buy into what you want (but you have to be careful if/how that can be amended over the years). I’ve lived in very nice neighborhoods and definitely wanted an HOA. These days I prefer a lot more land with no close neighbors or HOA.
Having said all that, it is truly disgusting and immoral that our truly disgusting, immoral, out-of-control governments keep lists of people that others can use for idiotic, immoral harassment. THAT is the real problem.