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Retirement community wants girl, 6, gone
upi ^ | Oct. 22, 2009 a

Posted on 10/22/2009 5:38:34 PM PDT by JoeProBono

PINELLAS PARK, Fla.- A Florida couple said the homeowners association of their retirement community is trying to evict their 6-year-old granddaughter.

Jimmy and Judie Stottler of Pinellas Park said their granddaughter, Kimberly, came to live with them as an infant when authorities took her away from her drug-abusing mother, WSTP-TV, St. Petersburg, Fla., reported Thursday. The girl has stayed with her grandparents in the retirement community since, even though the community's rules don't allow children.

The couple said the homeowners association is now pressuring them to comply with the ban on children, but they are unable to move because they can't find a buyer for their house, said Robert Eckard, an attorney representing the family free of charge.

"If they sell the home, they can move; if not, they're homeless on the street," he said.

The Stottlers said they fear Kimberly may be put in foster care if they can't sell their house. Eckard said the final decision on whether the child can stay will be up to a judge.


TOPICS: Miscellaneous
KEYWORDS: children; contracts; fla; grandparents; hoa; retirement
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1 posted on 10/22/2009 5:38:35 PM PDT by JoeProBono
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To: JoeProBono

That’s positively unkind of them.


2 posted on 10/22/2009 5:39:51 PM PDT by bvw
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To: bvw

Why didn’t they start looking six years ago when the market was fine? There might be more to this story.


3 posted on 10/22/2009 5:41:40 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: JoeProBono

Condo commandos.

I hope the judge finds a good solution.


4 posted on 10/22/2009 5:43:31 PM PDT by Canedawg (FUBO)
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To: bvw

5 posted on 10/22/2009 5:44:18 PM PDT by americanophile (Sarcasm: satirical wit depending for its effect on bitter, caustic, and often ironic language.)
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To: JoeProBono

I agree with the HOA. Flame away.


6 posted on 10/22/2009 5:44:38 PM PDT by taillightchaser (When a democrat says "The American people" you know the next words out of his mouth will be lies.)
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To: goodwithagun

***Why didn’t they start looking six years ago when the market was fine? There might be more to this story.***

My thought, too. It seems elders would not object to a six-year-old girl unless there’s more going on than we are told in the article.


7 posted on 10/22/2009 5:45:12 PM PDT by kitkat
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To: goodwithagun

I was wondering the same thing myself except wondering why the HOA allowed it to go on for so long. Seems to me they should have taken action six years ago rather than allow the precedent of the child living there be set.

Now it’s probably going to go in favor of the Grandparents under the current circumstances.

I’m a believer in the rules. If kids aren’t allowed in the community, then no kids. There’s a reason for it.

No we don’t live in such a community, and HELL will freeze over before we do. In-Laws used to live in such a place. nuff sed.


8 posted on 10/22/2009 5:47:26 PM PDT by rockinqsranch (Dems, Libs, Socialists...Call 'em What you Will, They ALL have Fairies Living In Their Trees.)
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To: kitkat

I hate to sound like a “zero tollerance” person, but this couple voluntarily moved into a community with these rules. Everyone there pays dues to the association. If the association broke a rule, this couple would probably fight that.


9 posted on 10/22/2009 5:47:55 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: JoeProBono

Isn’t this illegal age discrimination. Also clauses that are illegal or agains public policy can be declared void and unenforceable.

Hope the judge does the right thing.


10 posted on 10/22/2009 5:49:22 PM PDT by Valpal1 (Always be prepared to make that difference.)
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To: JoeProBono

Sure this is not in the by-laws, but life happens. Force them out, the remaining old farts deserve to live with that choice, and I’m sure with the right lawyer can prove that the law’s on their side.


11 posted on 10/22/2009 5:49:40 PM PDT by Sax
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To: JoeProBono

Just one more reason to never join an HOA. Frankly, I’d like to see them all made voluntary.


12 posted on 10/22/2009 5:52:26 PM PDT by mysterio
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To: JoeProBono
If our government can ignore The Constitution, this couple should be allowed to ignore the retirement community rules.
13 posted on 10/22/2009 5:53:10 PM PDT by Dixie Yooper (Ephesians 6:11)
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To: Canedawg
Condo commandos. I hope the judge finds a good solution.

So you believe that judges should toss out legal agreements between individual. That makes you a ?

14 posted on 10/22/2009 5:53:10 PM PDT by ColdWater
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To: goodwithagun
Why didn’t they start looking six years ago when the market was fine? There might be more to this story.

Perhaps they were busy with changing diapers, frequent feedings, and buying clothes for their unexpected life-altering responsibility. Maybe they were in denial they would be assuming responsibility for their granddaughter in their retirement years.

There are a lot of empty homes and condos in Florida these days. Would love to know the occupancy rate at this complex. The old biddy crowd hollers loudly when they have to cough up additional money for assessments, should this couple have to leave without selling their home.

15 posted on 10/22/2009 5:54:31 PM PDT by NautiNurse (Obama: A day without TOTUS is like a day without sunshine)
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To: mysterio
Just one more reason to never join an HOA. Frankly, I’d like to see them all made voluntary.

You have contradicted yourself in two short sentences.

Sentence one rightly states that it is voluntary.

Sentence two implys that they are not voluntary.

16 posted on 10/22/2009 5:54:53 PM PDT by ColdWater
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To: JoeProBono

Just being old, and looking like grandparents, doesn’t make you a decent person. Back in 1948, some modern 78 year old was a selfish 17-year old bully nobody ever liked. And they fill associations today.

There’s a fine line between an association legitimately guarding property values, and old busybodies just pushing someone around because they can.


17 posted on 10/22/2009 5:55:17 PM PDT by DesertRhino (Dogs earn thi title of "man's best friend", Muslims hate dogs,,add that up.)
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To: ColdWater

That makes me compassionate, and cognizant of the fact that she has lived there for six years.

I’d give them some more time to try to sell their unit, and I certainly wouldnt kick them out.


18 posted on 10/22/2009 5:56:52 PM PDT by Canedawg (FUBO)
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To: NautiNurse

My son just turned one, which means that I just weaned. My husband and I work full time. We have little help from family since grandparents live two hours away. I understand that there is little time, but they had six years.


19 posted on 10/22/2009 5:56:57 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: ColdWater
If you want to live anywhere near a lot of areas, they aren't voluntary.

The way a lot of them operate is, frankly, disgusting.
20 posted on 10/22/2009 5:57:23 PM PDT by mysterio
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To: mysterio
If you want to live anywhere near a lot of areas, they aren't voluntary.

You contradicted yourself again. Way to go.

21 posted on 10/22/2009 5:59:13 PM PDT by ColdWater
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To: Canedawg
http://www.ccfj.net/condocommandos101-cover.jpg


22 posted on 10/22/2009 6:00:44 PM PDT by JoeProBono (A closed mouth gathers no feet)
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To: Canedawg
That makes me compassionate, and cognizant of the fact that she has lived there for six years. I’d give them some more time to try to sell their unit, and I certainly wouldnt kick them out.

Perhaps I could get your compassionate judge to go over your income statements and divert some of your cash flow to help them relocate?

23 posted on 10/22/2009 6:00:59 PM PDT by ColdWater
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To: ColdWater

I looked over your recent posts, and you get off by picking fights. Your latest post here is another cheap shot. If intelligent discussion is beyond your capability, that makes you a?


24 posted on 10/22/2009 6:01:29 PM PDT by NautiNurse (Obama: A day without TOTUS is like a day without sunshine)
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To: taillightchaser

I agree. You know when you move into a retirement community that children are not allowed. But I do think the HOA should have done it in the beginning. If it came to that, I would rent and live elsewhere to take care of my grandchildren.


25 posted on 10/22/2009 6:01:44 PM PDT by KYGrandma (The sun shines bright on my old Kentucky home......)
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To: goodwithagun

6 years ago, at the instant the child was born, maybe they didn’t know the kid would need to live with them someday. The article only says the kid was removed from a drug abusing mom, but didn’t note when. Little 6 year old kid has a doper mom, now she gets to watch how cruel other adults can be. Wonder how many of ‘em head off to church regularly on sunday mornings? Doesn’t sound like too many.


26 posted on 10/22/2009 6:03:41 PM PDT by DesertRhino (Dogs earn thi title of "man's best friend", Muslims hate dogs,,add that up.)
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To: mysterio

27 posted on 10/22/2009 6:04:18 PM PDT by JoeProBono (A closed mouth gathers no feet)
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To: NautiNurse
I looked over your recent posts, and you get off by picking fights. Your latest post here is another cheap shot. If intelligent discussion is beyond your capability, that makes you a?

Typical reply when you have no answer to my post.

28 posted on 10/22/2009 6:04:21 PM PDT by ColdWater
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To: kitkat

All those senior communities have the same regulations about kids or any resident under a certain age (usually 50). The grandparents knew that, even if the child came to them after they’d already lived there. They’ve had 6 years to take care of the matter for their benefit, their grandchild’s and the community’s. It’s not a good environment for that child, either.

I will assume her living there hasn’t become an issue until now she registered for school, with a yellow school bus coming into the grounds, her having friends over, and being out on the grounds more as she has grown up.

It’s unfortunte the grandparents can’t sell the house. Maybe the homeowners association can buy them out, or find renters until a better real estate market returns.


29 posted on 10/22/2009 6:04:49 PM PDT by EDINVA
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To: KYGrandma

You are right. It’s nice to hear a voice of sanity in the current environment. Thank you!


30 posted on 10/22/2009 6:05:46 PM PDT by taillightchaser (When a democrat says "The American people" you know the next words out of his mouth will be lies.)
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To: goodwithagun

I hear you. As someone posted earlier, the fact they are still there after six years begs the argument for consistent enforcement of the rules. Hard to believe they were able to hide a small child from the nosy biddy crowd for six years. Who knows, maybe they were given a deadline, and they ignored it.


31 posted on 10/22/2009 6:05:59 PM PDT by NautiNurse (Obama: A day without TOTUS is like a day without sunshine)
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To: DesertRhino

Didn’t the article say the girl was an infant when her grandparents gained custody? Infant usually means under six months of age. I’m not trying to say that the grandparents have it easy. Grandparents should not have to raise their grandchildren. I think there is much more to this than the article states. Ultimately, this couple voluntarily moved into a community with age restrictions.


32 posted on 10/22/2009 6:06:29 PM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: taillightchaser

I do too. Get the screatcher out.


33 posted on 10/22/2009 6:08:04 PM PDT by Cyber Liberty (Ram "Health Care Reform" down our throats in '09, and we'll ram it up your @ss in '10.)
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To: taillightchaser

It’s amazing how many compassionate people here want the judge to take away other’s rights but never ONCE volunteer to help the family out. Isn’t that the same sort of compassion we see in the liberals?


34 posted on 10/22/2009 6:08:14 PM PDT by ColdWater
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To: JoeProBono

Well, nevermind it said “as an infant”. Still, can’t see much harm. They are hiding behind a trivial agreement as an explanation, for visiting misery on some people trying to do a good thing.


35 posted on 10/22/2009 6:09:25 PM PDT by DesertRhino (Dogs earn thi title of "man's best friend", Muslims hate dogs,,add that up.)
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To: JoeProBono

Maybe they could rent their condo out - and rent an apartment that takes kids... in a few years - sell...


36 posted on 10/22/2009 6:09:53 PM PDT by GOPJ (It isn’t hate speech when it’s true.)
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To: NautiNurse

Yeah, he’s just nasty, I can tell. Ignore him.


37 posted on 10/22/2009 6:11:21 PM PDT by Canedawg (FUBO)
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To: DesertRhino
The article only says the kid was removed from a drug abusing mom, but didn’t note when.

It's such a short article, I find it amusing that you would falsify what is in the article like nobody else would read it?

38 posted on 10/22/2009 6:12:35 PM PDT by ColdWater
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To: Canedawg
Yeah, he’s just nasty, I can tell. Ignore him.

Just don't want you and your liberal judges taking my rights away ...

39 posted on 10/22/2009 6:13:26 PM PDT by ColdWater
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To: Canedawg
I’d give them some more time to try to sell their unit, and I certainly wouldnt kick them out.

Why don't you pay for six months rent for them to move out?

40 posted on 10/22/2009 6:15:06 PM PDT by ColdWater
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To: Valpal1
"Isn’t this illegal age discrimination. Also clauses that are illegal or agains public policy can be declared void and unenforceable."

While it is illegal for a landlord to discriminate against prospective tenants based on the familial status of those tenants (ie, do they have children) it's not illegal, if the community or property is designated as "Housing for Older Persons" - I can't remember the specific age that someone has to be - could be 62.

That's the Federal Law. It's possible that varying states could have other, more prohibitive laws or regulations. I'm not sure. Apparently, Florida does not.

It doesn't seem logical that this would pass judicial review, especially under the conditions set-forth in the equal protection clause, but apparently it does. No doubt this has something to do with the fact seniors have robust and powerful lobbying groups and clout, and frankly, children don't.

41 posted on 10/22/2009 6:15:59 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: bvw

This is why you are just a fool if you ever buy a house coverd by HOA covenants in the first place. Pain in the butt enough dealing with Gubment trying to tell you what you can do with your property, add every busybody in the subdivision to the list? I think not.


42 posted on 10/22/2009 6:18:25 PM PDT by HamiltonJay
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To: ColdWater
Ok, let's clarify. When you move to an area that has an HOA, you should be able to decide whether you want to join it after closing the deal. This would put pressure on the little authoritarians on the boards to stop behaving like such jackasses, as they would rapidly lose members. Being forced to join as a condition of buying the house isn't voluntary.
43 posted on 10/22/2009 6:20:09 PM PDT by mysterio
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To: taillightchaser

Me, too. People are very quick to disregard their contractual obligations and promises these days when it is inconvenient. The exceptions soon swallow up the rules, and then there is chaos.


44 posted on 10/22/2009 6:20:17 PM PDT by PackerBoy (Just my opinion ....)
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To: ColdWater

Easy sport, i just missed it, it wasn’t some grand conspiracy to falsify the article in hopes nobody else would read it. Switch to decaf.


45 posted on 10/22/2009 6:20:23 PM PDT by DesertRhino (Dogs earn thi title of "man's best friend", Muslims hate dogs,,add that up.)
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To: ColdWater

I have no idea if you are nasty or not, but I do agree with you on this issue. These people didn’t just move into a place that had a HOA, they moved into a retirement community. They, themselves, didn’t want to have little kids living around them. Now, their lives have changed and they want everybody else to live with it. It’s not the rest of the communities fault that their daughter is a drug addict. I’m sure there are other people in the community that have family problems. What if they to decided to bring grandchildren in.

Besides this kid needs to live where other children live. Can’t be too much fun living with a bunch of seniors when you’re only 6.

I understand the first few years the grandparents might have been hoping that their daughter would become a real mother but after that they had a responsibility to find a place that allowed children.

I do feel sorry for the grandparents but law can’t be made on feelings. I hope a solution is found that everybody can benefit from.


46 posted on 10/22/2009 6:23:08 PM PDT by beandog
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To: JoeProBono

I would not want to live any place that would throw a 6 year old and her grandparents out on the street. No wonder they can’t sell the condo.


47 posted on 10/22/2009 6:24:01 PM PDT by afraidfortherepublic
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To: DesertRhino
Easy sport, i just missed it, it wasn’t some grand conspiracy to falsify the article in hopes nobody else would read it. Switch to decaf.

It was five short paragraphs. You should have checked before posting an untrue 'fact'.

48 posted on 10/22/2009 6:27:50 PM PDT by ColdWater
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To: beandog

“What if they to decided to bring grandchildren in.”

Yes, the misery,,,of watching little kids play in the sprinkler.


49 posted on 10/22/2009 6:27:59 PM PDT by DesertRhino (Dogs earn thi title of "man's best friend", Muslims hate dogs,,add that up.)
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To: DesertRhino

ping for later


50 posted on 10/22/2009 6:28:03 PM PDT by Shimmer1 (Navy Mom)
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