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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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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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To: JoeProBono

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.


51 posted on 10/22/2009 6:28:28 PM PDT by SampleMan (No one should die on a gov. waiting list., or go broke because the gov. has dictated their salary.)
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To: Valpal1
"I can't remember the specific age that someone has to be - could be 62."

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.

52 posted on 10/22/2009 6:28:36 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: mysterio
HOA rules ensure that my neighbor cannot paint his house purple polka dots, park 6 rusting cars in his driveway on blocks, keep a flock of sheep in a pen, chop down all of his trees and operate a leather tannery. They preserve the desirable characteristics of my neighborhood and protect his and my property values.

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.

53 posted on 10/22/2009 6:28:45 PM PDT by PackerBoy (Just my opinion ....)
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To: ColdWater

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


54 posted on 10/22/2009 6:31:49 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

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.


55 posted on 10/22/2009 6:32:20 PM PDT by beandog
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To: beandog
I have no idea if you are nasty or not, but I do agree with you on this issue.

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.

56 posted on 10/22/2009 6:32:42 PM PDT by ColdWater
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To: mysterio; ColdWater
If you want to live anywhere near a lot of areas, they aren't voluntary.

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.

57 posted on 10/22/2009 6:32:53 PM PDT by SampleMan (No one should die on a gov. waiting list., or go broke because the gov. has dictated their salary.)
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To: DesertRhino
Yes, the misery,,,of watching little kids play in the sprinkler.

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.

58 posted on 10/22/2009 6:35:51 PM PDT by ColdWater
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To: ColdWater

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. :)


59 posted on 10/22/2009 6:36:29 PM PDT by beandog
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To: ColdWater

Sounds like you’ve lived in some of the places I have.


60 posted on 10/22/2009 6:38:23 PM PDT by beandog
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