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.
Yes, they moved into a retirement community, and yes, they have every right to enforce their rules since they are well known and agreed up front.
However, they failed to enforce the rule for six years. There’s a fair argument that the rules are only enforced capriciously, and that undermines their case.
A fair compromise might be for the HOA to offer to buy their house at a fair price, perhaps set by a judge.
I see this tactic over and over. I am not emotional or angry. I am enjoying a rum and coke and relaxing with the ocean view from my patio. Perhaps you are trying to transfer your anger and emotion onto me?
“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”
And that is why they arent always a completely bad idea. They can really benefit you in property values and quality of a neighborhood. They sometimes do get extremely petty though.
Florida law allows up to a specific percentage of non compliant residences in order to accomodate may december marriages.
I think it is 20%
Rules is rules,if you agreed to no kids then you need to live by it or move.
My wife also reserves her right to change her opinion. That is why I have to be nice every day!
The law allows a percentage of young residence in an age restricted community
AND
the community has to do a census EVERY TWO YEARS.
It is still a VERY nice neighborhood except for one family. Let's just say that we are all on first name basis with the local deputies.
“...even though the community’s rules don’t allow children.”
I’m sure they’ll welcome with open arms the Section-8 folks the gov’t moves in next door to them.
I don’t think the judge needs to rule on compassion. Age discrination is illegal and the equal protections clause requires laws to apply equally to ALL persons.
So limiting age discrimination statutes to people over 55 is a violation of this child’s rights.
Plus making children illegal is bad public policy and contracts can be legally voided for being contrary to public policy
Plenty of legal wiggle room to void noxious HOA clauses. Contracts are not holy writ and people shouldn’t try to use them to clad illegal, immoral or anti-social policies with the color of law.
What is the percentage per law and what is the percentage in this community?
Tactic? This is the second sinister subplot you see in my comment. The point remains; The fact was on your side, all you had to do is just point out my mistake. No need to be rude,, so you might need a little more rum, or a little less. Depending on how it influences you. Some people get nicer, some get more,,,,, difficult. I think i get nicer, but im drunk by then, so i cant be sure.
Voting, driving, drinking, mandatory schooling, adult magazines, movies, web-sites, contracts, ..........................................................................................................................................
I bet the next time you will check your facts!
Who's morals? Yours, mine or Obama's?
Yes, i promise to be perfect from now on. And to carefully read each article like i was a proofreader. Did it occur to you that OTHER people might drink in the evening too, and might miss something, or strike a key in error? LOL
When I am informed that I missed something, I take it like a man.
Apples and oranges.
They still have 4 or five years left before she becomes uncivilized. Work out a deal.
I see you didn't check your facts before posting again!
why the anger? LOL
I am not angry. Why are you trying to picture me as some angry person? hmmm. Which Alinsky rule does that fall under?
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