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.
Oh. What EXACTLY does "ALL persons" mean?
Perhaps the HOA was sympathetic to the plight of one of their neighbors, suddenly saddled with an infant they were not expecting.
However, 6 years is enough time to remedy the situation on their own. They should have found another place to live.
No need to punish the HOA for the compassion they showed early on.
Both common law and contract law have a lengthy history or precedence of what is considered immoral or unconscionable and therefore void and unenforceable, like contract murder, selling sexual favors, gambling debt.
You can write a contract, a judge may decline to enforce it.
Wow! Enforcing HOA agreements is akin to murder. Who'd athunk!
“any person within its jurisdiction” pretty much means everyone except those with foreign diplomatic status according to most courts.
So it is unconstitutional to keep 10 year olds from drinking and driving?
When they try to enforce unconscionable clauses, yes.
That won't fly in this case as the couple probably wanted to join that community.
Like the right to a legally enforceable contract?
As a teenager, my family lived in a retirement community... one where no children (teenagers, too) were allowed.
That said, they did allow exceptions. The lease required that any child would have to follow community guidelines, specially noise guidelines - on pain of immediate lease termination.
Most places, I expect, allow exceptions like those above.
So, I’m thinking the little kid is a really hellion, for the retirees to be so up-in-arms over a 6-year old.
Sorry for my previous post. I misunderstood your position.
Florida Statute allows for “over 55” communities. It is legal age discrimination.
Been there, done that. Usually blame it on my fogged glasses or too many rum and cokes!
Once again, apples and oranges. Drinking and driving laws are equally applied to all ten year olds. There are valid public policy reasons for restricting cars and booze based on age.
There are no valid public policy reasons to restrict who may live where, certainly not based on age. There are valid legal argumeents against HOA age restrictions and enforcement in the courts is not a slam dunk for an HOA. They better have dotted all their I’s and crossed all their T’s.
The HOA rules apply equally to all ten year olds.
There is no public policy reason to limit driving and drinking based on age. I probably had better driving skills at 10 than you did when you got your license.
So does Federal Law, but they can lose the designation by failing to follow the rules or failing to enforce them equally.
The HOA would do better to buy them out than try to force them out.
Unfortunately, the HOA is barred from printing money.
LOL! You're entitled to your own opinion, but not your own facts. Good night.
I bet you are also in favor of taking driver's license away from everyone over 62!
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