In a case of first impression in Pennsylvania, Lake Naomi Club and Pocono Pines Community Association v. Rosado, 962 CV 2019, the Monroe County Court of Common Pleas recently addressed the issue of whether a homeowners association could legally exclude a Tier Three sex offender from residing in its community.

The most relevant findings of fact are that plaintiff Lake Naomi Club (LNC) is organized as a nonprofit corporation with voluntary membership. The Pocono Pines Community Association (PPCA) is the homeowners association for the property owners in the Lake Naomi subdivision and is vested with the right to enforce covenants in the community promulgated by PPCA. Defendant Rosado has owned a home in the community since 1988.

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