associations are charged with the duty of protecting and enhancing property values, largely by providing for covenant enforcement, maintenance, and consistency in appearance. Associations are not generally charged with the specific duty to protect residents from crime, although courts are more frequently finding that associations have a duty to take reasonable steps to provide for safety and the more the association represents it is providing protection, the more liability it will have. If the board decides to check the registration to determine if any sex offenders live in the community, it could expose the association to additional liability. Residents could come to expect and rely on the association’s monitoring the registration list and advising them if any registrants are in the community. This could then lead to a duty on the association’s part. If the association then fails to check the list, or does not know it has been updated, it could be held liable. There is also no guarantee that the list is completely accurate and includes all people who are required to register, which could lull residents into a false sense of security. Finally, advertising that a resident is on the list could lead to libel and slander claims if the information is inaccurate.

Rather than the association taking on the responsibility to monitor the community for registered sex offenders, we recommend advising residents that Megan's Law requires certain sex offenders to register with the local police department or sheriff's office and that residents may go there for information. In this way, the association is not taking on additional duties protecting a resident's safety and is not disseminating potentially libelous or damaging information about a resident. By periodically putting a statement in its newsletter reminding owners that the information is available, the board can help owners remain informed while not exposing the association to too much liability.