According to Robert L. Tankel, a Floridian attorney at law, it may be possible for a homeowners association to ban a sex offender from either residing in or buying a home in a specific community, as long as the statute already exists in the community's governing documents. However, if there is no protocol or rules in the community's governing documents, it will be difficult for the association to stop a sexual offender from moving in.
A homeowners association is a corporation created by a real estate developer to manage the homes and residents of a specific subdivision. These associations want to make a subdivision look desirable, clean and safe so that people will want to purchase homes and move in to the neighborhood. Because of the fact that the homes of sex offenders are able to be looked at online, many homeowners associations want to avoid sex offenders from moving in to their subdivisions.
The laws on whether or not a homeowners association can legally ban a sex offender from moving into the neighborhood are rather blurry. The association can easily place a ban on who gets to buy and move in to the homes, but actually enforcing the ban may not be as easy. Homeowners associations that want to ban sex offenders from moving in should hire an attorney who can work with the city's specific laws to help the homeowners association in court.