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Community Sues To Oust 3-Year-Old
ClickonDetroit ^ | April 1, 2007 | AP

Posted on 04/03/2007 6:15:39 AM PDT by ShadowDancer

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To: gogeo

Slaves like Scott and his family are not parties to the contract for slavery, yes — nor is the young child a party to that contract of the HOA’s. But both are harmed directly by such contracts and thus must be given standing in considering the validity of such contracts.


241 posted on 04/03/2007 11:25:41 AM PDT by bvw
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To: yuta250
Look I’m not heartless I’m a family values guy myself, but 3 years seems more than sufficient time to sell their house. If the HOA doesn’t move to enforce these restrictions they eventually become moot, so they have no choice. What happens when another homeowner decides to bring children into this community, are they now going to be entitled to ignore this covenant for 3 years? The HOA has already bent over backward for these people allowing them 3 years, what more do you want from them? If covenants aren’t enforced, eventually they become legally unenforceable.

FWIW, their home has only been on the market for this past year. They held out hope that their daughter would get her act together, but she didn't and the time came that they knew they'd have to move and raise their granddaughter themselves. What more does the HOA want at this point? The house is on the market, the price has even been lowered, and they WANT to move. I think the HOA should back off and allow these people to deal with the realtors and potential buyers without having to also deal with frivolous lawsuits.

242 posted on 04/03/2007 11:29:16 AM PDT by Chena
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To: soccermom

I know...I raised 3 of my own children, took in 2 boys who were totally abused. Took in another boy part time because his mother decided her new husband was more important...My children ages are 29, 28, 25, 24, 20 and then the surprise of my life a daughter at 41 yrs old. The other boy I took in part time is 19 yrs old. After dealing with my daughter I made my house a drug/alcohol free home. Nobody is allowed to drink even a beer here. I told my boys I don’t ever want your 7 yr old sister to see any of you drunk. Sometimes things happen for a reason & it has pulled my boys together, none do drugs and I think seeing their sister waste so much of her life showed them what drugs do. It was hell for all of us. They boys aren’t too forgiving to their older sister but I am hoping with time they will give her a chance. They sure do love her son though.


243 posted on 04/03/2007 11:34:06 AM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: Chena

Oh please I’m aware of the real estate market in parts of Florida, and the piddling amount they lowered the price sounds like a joke. The HOA has an obligation to its other members to enforce these restrictions, and from I can see, they’ve bent over backwards trying to accomidate these people. Personally I think the main issue here is that these people want to sit things out until they get the price for their home that they thing they deserve for it reguardless of current market value, so I don’t have much sympathy for them.


244 posted on 04/03/2007 11:39:22 AM PDT by yuta250
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To: Chena
I'd say until their home sells.

So what if their home never sells. If a family with kids moves into the neighborhood, how long do they have to sell their new home? I mean it seems unfair to let one family have kids but deny another family that right

Which begs another question: Should people be allowed to live in neighborhoods where there are no children?

245 posted on 04/03/2007 11:43:33 AM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: AppyPappy

Exactly...they’ve already set a precedent.


246 posted on 04/03/2007 11:44:10 AM PDT by gogeo (Democrats want to support the troops without actually being helpful to them.)
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To: bvw
Laws and contracts that ban children from living in this place of that are spreading poisons -- cancers to the protection and encouragement of the next generation.

Which in no way negates a person's right to make them.

-----

They are ANTI-SOCIAL.

So imposing your own brand of socialism is the answer.....Brilliant!

---------

Such laws and contracts are as void of any authority as are contracts for murder, for illegal activities, for slavery -- and for the same reasons.

No, murder is a violation of someones right to live, there is no right to have a child.

If you believe there is such a right, then you must also advocate adoption by homosexual couples.

----

Are you channeling Nancy Pelosi?

Strike three. I never attempt to have a rational discussion with someone who:

(1)Is so irrational they cannot post a intelligible rebuttal
(2) thinks gratuitous insults contribute anything to their side of an argument, or
(3)thinks they are the sole interpreter of the intention and will of God.

-----

I bid you a final good day.

247 posted on 04/03/2007 11:44:40 AM PDT by MamaTexan (I am ~NOT~ an administrative, corporate, legal, or public entity!)
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To: Long Island Pete

I was always mad that I was born before Big Wheels came out. I’d love to have a grown up version of one of those.


248 posted on 04/03/2007 11:46:11 AM PDT by caver (Yes, I did crawl out of a hole in the ground.)
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To: yuta250
I would imagine that they would want to sell their home for a reasonable price. Afterall, they will then have to buy another home to raise their granddaughter in. At their age, I can only imagine the enormity of their financial situation. They are basically having to start all over again as parents. I realize the people in this HOA must be suffering terribly having this child in their midst. Perhaps it would have been better if this child had been placed into foster care all along. Heaven forbid that the welfare of an innocent child should trump the welfare of the adults. ;)
249 posted on 04/03/2007 11:46:19 AM PDT by Chena
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To: bvw
Now that it is clear that such laws and contracts are anti-social and illegitimate, thus that there is no "rights" to them --

Actually, it's not clear, and it's been extensively litigated. In addition, federal law creates an exemption from discriminilization laws for seniors only housing.

The fact that you don't agree, and spin some argument against it, doesn't change those facts.

250 posted on 04/03/2007 11:47:04 AM PDT by gogeo (Democrats want to support the troops without actually being helpful to them.)
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To: bvw
nor is the young child a party to that contract of the HOA’s. But both are harmed directly by such contracts and thus must be given standing in considering the validity of such contracts...

You're wasting our time. Children can never be a party to a contract. Adios.

251 posted on 04/03/2007 11:48:38 AM PDT by gogeo (Democrats want to support the troops without actually being helpful to them.)
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To: 2banana

I remember when my childhood neighborhood had a clause about blacks. By the time I was in college, there must have been a legal ruling that outlawed such clauses. I wonder what the difference is between banning races vs. banning children.


252 posted on 04/03/2007 11:49:06 AM PDT by petitfour
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To: MamaTexan

Well, how many final good days do you have? Maybe an extra final bid me good day will be next ....


253 posted on 04/03/2007 11:49:30 AM PDT by bvw
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To: yuta250

Yes, they seem to be interested in running the clock as long as they can. Three years is time enough.


254 posted on 04/03/2007 11:49:40 AM PDT by gogeo (Democrats want to support the troops without actually being helpful to them.)
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To: MamaTexan
No, murder is a violation of someones right to live, there is no right to have a child. If you believe there is such a right, then you must also advocate adoption by homosexual couples.

Ouch! You are one mean mama to assert such conservative values on this thread in the face of all the liberal 'save the children' nonsense that is getting posted here, lol.

255 posted on 04/03/2007 11:50:14 AM PDT by yuta250
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To: yuta250

I’m not aware of real estate market in Florida, but 179K sure doesn’t sound like much for a house to me -— and I’m in the Midwest. From what I’ve seen, property values on the coasts are higher. Maybe they can’t pay off their loan if they go any lower. Maybe it is all the silly HOA restrictions that are scaring away buyers? Who knows? It looks like they put the house up for sale, just as the market cooled. I live in a very nice neighborhood and I’ve seen houses sitting for over a year now.


256 posted on 04/03/2007 11:52:58 AM PDT by soccermom
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To: pandoraou812

Wow! It is so nice when someone with a heart like yours can share your perspective. Your grandson is lucky.


257 posted on 04/03/2007 11:54:08 AM PDT by soccermom
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To: yuta250
Ouch! You are one mean mama to assert such conservative values on this thread in the face of all the liberal 'save the children' nonsense that is getting posted here, lol.

LOL! I've always thought I was rather a nice person.

When I see someone suffering from a terminal case of stupidity, I point it our to 'em!

(grin)

258 posted on 04/03/2007 11:54:26 AM PDT by MamaTexan (I am ~NOT~ an administrative, corporate, legal, or public entity!)
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To: gogeo

Hmmm ... might suggest you talk to someone who has been involved in divorces and child-custody cases to get your mind straight in that matter.


259 posted on 04/03/2007 11:54:38 AM PDT by bvw
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To: petitfour

One of my deeds had a clause against selling to ‘undesirable foreigners’, but obviously things of that nature are unenforceable these days.


260 posted on 04/03/2007 11:58:19 AM PDT by yuta250
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