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.
That’s positively unkind of them.
Why didn’t they start looking six years ago when the market was fine? There might be more to this story.
Condo commandos.
I hope the judge finds a good solution.
I agree with the HOA. Flame away.
***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.
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.
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.
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.
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.
Just one more reason to never join an HOA. Frankly, I’d like to see them all made voluntary.
So you believe that judges should toss out legal agreements between individual. That makes you a ?
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.
You have contradicted yourself in two short sentences.
Sentence one rightly states that it is voluntary.
Sentence two implys that they are not voluntary.
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.
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.
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.
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