Community Sues To Oust 3-Year-Old

ClickonDetroit ^ | April 1, 2007 | AP

[ShadowDancer]

Community Sues To Oust 3-Year-Old

Child With Drug-Addict Mom Lives With Grandparents

POSTED: 3:04 pm EDT April 1, 2007

LARGO, Fla. -- A Florida homeowners group wants 3-year-old Kimberly Broffman to take her Big Wheel and hit the road.

They've banded together to oust the toddler from their Tampa-area community, which bans residents under 18.

The child's grandparents, Judie and Jimmy Stottler, admit Kimberly's been living there in violation of homeowners' association rules for three years. They said her mother has a drug problem, and isn't capable of caring for the child.

The grandparents said they live on a fixed income and can't afford to move until they sell their house. So far, there have been no takers to buy their house, even after they lowered the $189,000 asking price by $10,000 six months ago.

They also said they can't afford to hire an attorney.

Judie Stottler supports the family with her $18,000-per year dishwashing job because Jimmy Stottler is disabled and is unable to work.

Judie Stottler's friends told the St. Petersburg Times that they are worried.

"It is so ridiculous that this has gone so far," said Keith Tinsley, a cook who works with her. "She's trying her best to sell her house. It's like they are trying to force her to put Kimberly in foster care.

"These people keep batting her down and batting her down. They're just mean."

Judie Stottler said she is scared that she wil lose her house before she is able to sell it.

"We don't have any family to take us in," Judie Stottler said.

The Lakes homeowners association filed suit to oust Kimberly last month.

[bvw]

it is almost like living in heaven...

Of course! That is your heaven. You get that and no more. Enjoy!

[Mrs.Nooseman]

Hello there.It’s not the mother that is living their.It’s the Grandparents that live there and took in their Grandbaby after it became apparent that the Mother was unable to care for her child do to being addicted to drugs.

I think this HOA is heartless and the Grandparents have been trying to sell their home and had no luck so far with a buyer.

I hope and pray that none of these heartless people in that neighborhood will ever have to experience excruciating circumstances, that would force them to take in their grandchildren,like these Grandparents have,because what is happening to these Grandparents could happen to anyone of them.

What goes around comes around.

[yuta250]

It’s called respect for the law and taking responsibility for your actions, these people agreed to this covenant when they moved in, and have been tolerated for 3 years while sitting tight so as not to take the loss they most assuredly will in a declining real state market. But we are suppose to support them because “it’s for the children”? No, I don’t think so.

[JamesP81]

Frankly, it is rather paranoid and warped to think, based on what little information is provided, that the HOA has nothing better to do than conspire to drive away buyers in order to force this child into foster care.

And yet, no one has bought the house...

[SengirV]

I guess you enjoy the cars up on blocks in the front yard and major appliances on the front porches in your neighborhood then?

I’ve lived with and without HOAs, and the non HOA places had a much higher incident rate of stupid owner activity.

Here’s to hoping your next door neighbor opens his own home business - a used car dealership.

[yuta250]

That's the reason I believe people who think feeeeeeelings trump law and legal agreements are just liberals in conservative clothing.

Bingo, we have a winner.

[JamesP81]

No, most people here are advocating living up to one's contractual obligations.

There's no disputing it I suppose. It's just that most HOAs I've seen haven been, let us say, not the best organizations to be a member of. I inherently distrust them and for pretty good reason.

[ClaireSolt]

For the sake of argument, isn’t this kneejerk reaction that the child needs the grandparents just being romantic? What is the track record of those grandparents? Do you want them to raise her to be a drug addict who can do no better in the job market at maturity than being a dishwasher who can’t sell her house in 3 years? If I were that three year old, I’d pray to be adopted by Angelina Jolie. :)

[jackieaxe]

Whether you benefited from your education or not - it still remains that many people other than your parents paid for your education by taxation. To state otherwise is ridiculous.,

That's right but it's not the way it should be. I'm childless because my daughter died of cancer. Because of that my taxes are higher and if you have children your taxes are lower. For one year we got to see how little people with children pay in taxes. The federal tax code is replete with deductions for children which people without children subsidize. Also, it would be one thing if the funding levels were stable, but they are not. Public School budgets forever grow. In my town, they typically grow at 3 times inflation. Now we have a full-time police officer in the High School, Drug Councilors for 3rd graders, grief councilors for when some high school kid runs his car into a tree, and every other expense you can think of. If you have children, you should not expect the whole world to subsidize your kid.

[NCLaw441]

You said: Take your love of the childless-by-choice elsewhere. It is not FR. This country was founded with the blood and hard efforts of brave and selfless patriots for the sake of future generations. This three year old bastard is more dear to a real patriot then any of those heartless geezers.
***

Full disclosure— I am raising boy/girl twins. I like kids. Sometimes I don’t want them around me, but I wouldn’t pick this sort of neighborhood. I always understood that the brave and selfless patriots who founded this country did so to preserve FREEDOM for future generations. One of those freedoms is the right to own property and to do with it what one wants. Another freedom is freedom of contract, to enter into enforceable agreements with others. There is also freedom of association, the right to associate, and NOT associate, with those we choose to be around.

Each of us makes choices and lives our life according to our own sense of values. The people who paid good money for their property did so with the value of peace and quiet in their old age, and perhaps a reduced risk of running over some kid on a Big Wheel as they back out of their driveway. They chose this community by use of the very freedoms won for them by the patriots you describe. You don’t have to like them or to agree with them. I am not sure I would. But the next time you want your rights under a contract to be respected, think about how you were willing to throw these people’s rights away because you disagreed. The next time you write a check, don’t be upset if the bank declines to honor it because you wrote it to pay for an item the teller doesn’t approve of. That is the level of analysis you have applied to this situation.

[bvw]

I have NO IDEA what LAW you refer to. For what is the real basis of any law? It is this mean “law” that is the bastard, meritless and vile, the child is the real law. The child is the truth of life, that “law” which bans children disregards life — and like any law that disregards life it is void for so doing.

[BluH2o]

In my opinion, anyone who would want to live in a neighborhood that has a Homeowners' Ass'n is an imbecile.

Really? Home owner associations serve a real purpose, they maintain continuity in an area and by doing so oftentimes help in maintaining and enchancing property values. Schlock or clueless homeowners, and there are many around, are forced to maintain certain standards if they live in an area with a homeowners association that has well thought out covenants ... and demand they are adhered to.

[mad puppy]

“My daughter is in the 3rd grade along with her entire softball team and they are well behaved young ladies and I believe part of this is due to the older folks in our community setting an example as opposed to this place that does not.”

You are blessed. That is how it SHOULD be.

[70times7]

You can relly tell the demographic of the Freepers in this thread. Surprising how many are crotchety old bastards. As I age the sound of Big Wheels and children playing in my neighborhood are one of the things that comfort me, not listening to Frank Sinatra and playing Canasta with the Wilson’s.

I love the sound of big wheels. I have a four year old, and I love her more than my own life. I live in a community with residents from <1 to nearly dead. That's not the point. And if you can't see that you need to stop name calling and mosey on down to the clue store, cash in hand. After all, if you get to decide how I should think, then I get to decide how you shoud think, right? I caution you that it is rather arrogant to position yourself in a way that not even God will.

[JamesP81]

Good point. Very good point. Now how's about you keep your accusations to yourself, seeing as how you have one finger pointed our way and three of your own pointed back at you?

Those three belong solely to you my friend, a product of that odd argument you constructed.

[MamaTexan]

the highest contract in the land is the Constitution, and it trumps these little cults.

The Constitution, in Article I, Section 10, expressly prohibits federal and state governments from impairing the obligation of contracts.

This guarantees the People's right of unlimited contract in the highest law of the land.

-----

If a person, with knowledge, consent and full disclosure decides to give some of those rights to an HOA, it is perfectly Constitutional for them to do so.

[70times7]

And yet, no one has bought the house...

Holy cow... YOU'RE RIGHT! No one has bought the house! It must be the HOA Nazis. How could I have been so blind? Thank you!

[yuta250]

Huh? If you want to put children upon some untouchable pedestal maybe you’d better buy in a non-HOA community and quit trying to impose upon your neighbors with whom you’ve entered into a legally binding contract with to uphold just the opposite, simple as that.

[MamaTexan]

FWIW, I saw the couple interviwed on the boob tube, and they're miserable and want to leave.

I'm sure they do. I feel very sorry for them and their situation.

The problem is they want an exception to the rules, but once an exception is given, other folks will want an exception too.

Kinda negates the whole idea of having rules in the first place.

[pandoraou812]

I saw them too. I don’t know if their HOA allows them to rent out their place while trying to sell it. I would hope they would allow that so the child can stay with the grandparents. At least the grandparents want to raise this child. I would be scared for the child to be in foster care in that state. Isn’t that the state that lost a child? As someone posted you don’t know when it could happen to you. And to the poster who blamed the grandparents for their daughter being on drugs clearly you are clueless. Parents who have tried to raise their children in the very best way can not be held accountable for what their adult children do. I have seen very wealthy families lose children to drugs. Drug addition can hit any family no matter how the child is brought up. Be glad you have never had it happen in your family. I would think that it is in the best interests of the child to stay with her grandparents & I pray she can. ~P~