Posted on 10/23/2009 8:53:41 AM PDT by InvisibleChurch
Pinellas Park, Florida-- A six year old girl sent to live with her grandparents as a baby is now being evicted from her home, for being too young.
The grandparents, Jimmy and Judie Stottler, live in a Pinellas Park retirement community that doesn't allow children. The Home Owners Association now wants the child removed.
"For some reason, there's a few, just a few who don't want Kimberly. And I just don't get it," said Judie Stottler.
The granddaughter was taken from her home at just six months old after the state discovered her mother was abusing drugs. She's lived with her grandparents against the rules ever since.
The family says they want to move out of the neighborhood, but by the time they put their home up for sale, the housing market crashed.
"They have no more assets to go out and purchase a rental property," said attorney Robert Eckard who is representing the family free of charge. "If they sell the home they can move. If not, they're homeless on the street."
The H-O-A president has been quoted saying he is only trying to enforce the rules. And while some residents argue the rules need to be followed, others suggest a compromise.
Either way, it will be up to a judge to decide what happens to the six year old next.
If the grandparents are unable to sell their home, the granddaughter could be sent to foster care.
That's something the Stollers say they will never let happen.
"They will have to drag me out in handcuffs and tear her from my arms," promises Judie Stoller.
"I'm not putting her out on the streets."
Yes, if the grandparents can show that they weren’t hiding the kid.
My guess is (and maybe I should look further at the article), this came out recently because the girl has reached school age, and someone caught the address on a records check.
That’s how a lot of these “living in the wrong place” things happen. The schools check addresses to make sure you belong in their school district and that you are in the right school. They find your address in a retirement home, which is a flag for them for fraud, and it comes out that the kid really IS living there.
Hmm...who said all elderly people are cranky?
Yes, but it is not like there is anything they can do about that now, is there?
The option they have now is to simply sell. But, the HOA is not happy with that either.
The unreasonable HOA is the one who is making this situation untenable, not the g'parents.
The most reasonable thing to do is let the g'parents sell and the HOA should also learn a lesson: either swiftly & consistently enforce your rules or don't; but, whichever route you go, try not to be pharisaical about it.
that's quite a leap, dude.
i am sure the HOA could go to every house in the community and find numerous violations.
I’m betting the child has become a brat.
That said, looks like the HOA took too long to officially complain. Like squatter’s rights. They may end up having to grandfather her in.
HOAs are an example of Mob Rule and I will never find myself living in one. If someone else wants to pay due for having people tell them what they can do then Mazeltoff to them.
You get what you pay for and if you want to pay for the privilege of living in a socialist-lite community then have at it. I will live in the country and do what I please, just keep the HOA schmucks out of my government because they get addicted to their power by being on an HOA board then they try to run for public office to increase their influence and power so they can tell others what to do. In some ways HOAs can be seen as a breeding ground for liberals who want to tell you everything you have to do. They are not worth voting for public office.
My in-laws live in a retirement community.
They have a son who is in his 40’s who wanted to live with them. This son has mental health issues.
I told them the I- their daughter in law- would report them to the HOA if they let him move in.
I nipped that problem in the bud.
Some of these HOA rules are to protect the elderly who live there. No crazy children. No large dogs.
Children are not allowed because of the disruption in the common rec areas, toys that elderly can trip over left on walkways, and noise.
I think that the elderly deserve some peace in their later years.
No, it’s more like everyone will be letting their adult offspring move in with all the grandkids in tow.
That would be a stretch. None of the residents ever saw this girl? Never saw her more than once? Hard to believe.
I agree that the contract should be followed. On the flip side, if the HOA blocked a sale for these folks to get rid of the home below value, and never bothered to enforce the rule if the did know the girl was there, I'd say the HOA is SOL.
HOAs are a pain, and most new developments have them. I don't want to live where there are HOAs, but sometimes there is very little in the way of choice. In my area, you have the choice of anarchy or HOA. I've chosen anarchy (even the city doesn't enforce codes).
That’s sorta like telling the cop, well, I’ve already run the red light, so there’s nothing I can do about it. Nope, I’d have to pay the price. These grandparents need to find a new house, and lease or sell their old one.
I don't know how long it has been since the grandparents realized that this wasn't a short-term arrangement--that their daughter's problems with drugs were going to prevent her from resuming custody of her daughter.
Oldie?
Do you make the laws or follow them? Can you adjust the laws as you see fit?
is the penalty for stealing a pack of gum a year in jail in your city?
These people agreed to follow them
They have had 5 years to move someplace else. As I said in my original post give them an extension but this trotting out of an innocent child to tug heartstrings so they can continue to break the rules they signed is sick.
Since they have violated the HOA rules for 5 years I am thinking compassion has been shown.
Give them another 6-9 months, whatever the people in the HOA decide and I bet they won’t have to drag the woman ( who has been dragging her feet for 5 years)out of there.
Does compassion trump rules everyone agreed to and voluntarily signed?
Does compassion trump the law?
Normally, failure to enforce a contract clause (except in mortgages )does not invalidate the clause.
God forbid rules are enforced.
I think so, too. A lot of folks here have the same attitude towards the elderly that the Obamas have: just blow them off, who cares about a bunch of old people. One day, they’ll all be old, too. If Obamacare doesn’t kill them first.
“...others suggest a compromise. “
Ah, COMPROMISE! Certain death for any rule, contract or law.
That’s the word that Republicans have used to destroy their own party.
Here in Florida, HOAs got so out of control the legislature had to enact a new set of laws just to govern them. They had devolved into petty tyrannical dictatorships in many cases. A small group of maybe 4 or 5 homeowners would basically become lords over their neighbors and there was no method of due process to resolve disputes or appeals to courts...................
That's what the rule is for. This is a very different situation and the dimwit HOA needs to recognize that and make suitable accommodations.
Speaking as treasurer of my HOA, in every community, there are only a few people who complain when they see rules violated.
The majority are just as mad, but expect the few to speak up, so they can act like they are just friendly neighbors.
Very few people would say to a neighbor's face that they were mad about them having a little kid living there.
But if you circulate a petition to change the rule, you won't get a dozen signatures. And THAT is what tells you the rules are appreciated.
That sucks. I've yet to live in a HOA community. If I ever do, I plan to be one of those 4 or 5 homeowners you noted.
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