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.
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.
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.
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.
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.
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.
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.
It was five short paragraphs. You should have checked before posting an untrue 'fact'.
“What if they to decided to bring grandchildren in.”
Yes, the misery,,,of watching little kids play in the sprinkler.
ping for later
I’d like to point out that the couple voluntarily moved into this community with full knowledge, and we would assume approval of the rules.
One does not choose to visit a whorehouse and then complain about the lack of decorum.
I looked it up. It's 55. And, I forgot to mention that I was speaking about the Fair Housing Act. A more complete accounting of the Act with respect to this issue, may be found here.
People who do not want to live within the rules do not need to purchase homes in my neighborhood. They are free to go somewhere else. This is not an involuntary set of rules. You agree to abide by them as a part of the deed restriction when you purchase the property.
My my, you seem very emotional about it. Did it ever occur to you to just correct me, and point out that it said “infant”. Another person did so without being obnoxious. Nobody was rude to you first, why the anger? LOL
Maybe it’s not misery for you but they chose to live there. The grandparents themselves moved into a community that didn’t allow children because they didn’t want that misery. Otherwise they wouldn’t have moved there.
Yes, all little children are just darlings running through sprinklers.
I am actually a very nice guy that wishes the best for all in this bad situation. But I have little patience for those that declare that judges should rule on compassion.
And if I want to eat four dozen donuts a day, obesity isn't voluntary. Voluntary is voluntary, it doesn't come with a "but I only want the good stuff" clause.
Or having the three teenage boys and their 30 friends playing their rap music at high volume, cussing, throwing their cigarette butts in the streets, breaking their beer bottles and pi$$ing in the yard.
Once again I agree with you. I’m sure you’re a delightful person. Of course, being a female, I reserve my right to change my opinion on that tomorrow. :)
Sounds like you’ve lived in some of the places I have.
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