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."
While certainly in an initial 90 day period (normal rehab) I can see an element of “temporary” coming into the picture, but FIVE years? Nope.
“Pulling a fast one” implies covert actions and deceit. The child was right there in the open. Everyone knew. The HOA did seemingly nothing.
Personally, I think it is odd to watch the board discuss this child as if she were merely a bizarre piece of lawn ornamentation or a junked car in the front yard the HOA didn’t like.
I didn’t say they were. I said walking out on an upside down loan is not the path of honest and ethical people.
They ought to be happy with Kimberly. She’ll be paying for their everything in 12 years.
lol Never fear...some of us are anti-cranky old people. :D
Odd lawn ornament? Funny, you’re the only one here saying that. The rest of us applaud the grandparents for taking the child, AND we think it’s awful that they’ve malingered on house-hunting. People who won’t honor contracts won’t honor much else, either. They should be evicted.
Oh, don’t worry about us “old cranky people.” (Including your elderly relatives by the way.) Obamacare will see to it we’re disposed of so the youngsters can pick our bones.
I agree with RW ginger, you sign a contract you adhere to it. No lying, cheating or stealing.
OTOH, there may be a stipulation in the HO that allows for a temprary relief from a rule in 60% of the home owners agree.
If the rule about U.S. flags was in the HOA agreement they signed when buying the house, yes.
Very sad story, selfless grandparents, but should have moved asap. :(
Well, they tried to get out but the HOA blocked the sale.
Why evict when the HOA could just alow the sale? The HOA can certainly wrap themselves inside their rules, but that doesn’t mean the HOA has a logically superior position here.
Enforcement of a rule to the blind exclusion of all other factors is not the same thing as application of judgment.
I’m not an attorney, but it seems to me the SALE of the house is where the HOA went wrong. I’m not sure they can dictate the prices of the homes. That said, the family shouldn’t have waited so long. They had a good 4 years of a good housing market to sell, and didn’t.
The story reminds me of some of these "zero tolerance" stories that have been in the news lately--like the 6-year-old who was going to be sent to reform school because he brought his Cub Scout eating utensil to school.
I bought into a gated community with these type of rules. I knew the rules and signed on the dotted line to that effect when I plunked my money down.
These folks have had six ears to make other arrangements. How many years would you need?
The rules exist so we do not have to endure stereos, loud behavior, people who insist on turning their driveways into car repair centers, parking their boats on the lawn, etc, etc., and having to put up with the neighbors kids.
I believe the HOA there has been more than understanding and generous. It is the grandparents who have not made any effort to provide another home for this child.
It’s not being cold and calloused, it’s about respecting others around you for what they expect to receive for buying into a place such as this.
It is not illegal discrimination, just selfishness and blatant disregard for the rules to which they had agreed.
if it took 5 years to get to this point, my guess is that there are only a few people who take offense to a small child who never really had a choice.
i'm a cop. by your reasoning, everyone i lock up for stealing a pack of gum should go to jail for a year. well, a misdemeanor is a misdemeanor, right!? the law is the law is the law!
it's called discretion. rational people use it everyday. they are trying to sell their house. they tried to take a lower prcie, but your precious HOA said no because it would lower the value of the surrounding houses.
there is also something called compassion. look it up.
You're right. If they're allowed to get away with it, pretty soon everyone else there will be running out to get a 6 year old girl to raise.
stop injecting rational arguments into this discussion! these people will have none of that!
The community can always vote on amending the HOA rules. It usually takes a certain percentage of homes (I think in ours it's 60%). However, I doubt they can say "we'll change it only in Kimberly's case." What happens when Mr. & Mrs. Smith decide they need to take in their 3 teenage grandchildren? How about Mr. & Mrs. Jones and their chronically unemployed 30-something son? Pretty soon the reason these folks bought and paid for their community is gone.
So, your in favor of granting to a few the power to make these people homeless simply because they are raising a 6 year old grandchild to avoid having her be placed in foster care? That’s heartless.
Or even illegal immigrants who've been here even longer than Kimberly!
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