Posted on 04/03/2007 6:15:39 AM PDT by 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.
Which begs another question: Should people be allowed to live in neighborhoods where there are no children?
The problem with your first question is that a "family with kids" didn't "move into the neighborhood". The HOA rules prevents that. This is a rather unique situation where a current homeowner found themselves in an unpredictable situation. I'm sure the home will sell eventually. After seeing the grandmother's interview on the news, it is obvious that they are highly motivated sellers.
As for your last question, people should be allowed to live in neighborhoods where there are no children if that is their wish.
I qualify. Are you asserting that the HOA case will be held in Family Court?
No, don't bother. It's obvious that you have strongly held, but erroneous beliefs. There's nothing gained by me refuting you point by point, because you're obviously here to make a point, not learn.
Children cannot be a party to a contract, because minors can't be held accountable for a contract. Any contract signed by a minor is null and void on it's face. They cannot, therefore, have standing as a party to a contract. The child is asserting no right to live there, the GP are resisting being compelled to uphold a contract they made.
Family law, on the other hand, carves out a legal sphere where "the interests of the child" are considered. The child is not a party to the marriage; the court considers all issues with the best interests of children in mind.
No, this case would not be heard in Family Court.
>> do not honor their contractual commitments.
Screw the pansy community and its contract.
God, Family, Country, State, ..., bowling, community contract.
Actually, it does not. HOA rules do not have the force of law. You have to go to civil court to settle. If a family moves into the neighborhood and the HOA goes after them, they can claim that the HOA is being selective in its enforcement. Note: I am on the board of my HOA.
For instance, we don't allow political signs. But signs for Democrats are displayed all over my neighborhood. It only becomes a problem when Republican signs show up.
And neighborhoods with no Hispanics and no African Americans and no gunowners and no cops and no lawyers and no retired military and no straight people etc. etc. etc.
I’m so glad my grandmothers loved children. In thinking of one of my grandmothers, she would have been so miserable were it not for her neighbors who had young children.
I wonder what the rules are for visitors to the neighborhood. Do grandchildren have to stay in hotels? Or can they spend a few days at Grandma’s house?
Umm, these relationships all have a legal componant to them in order to acknowledge their importance to us as a society, what makes you think you can pick and choose which law you want to abide by according to your beliefs? Maybe you should move to Mexico or some other third world country where principles and laws are flexible according to whatever elitist power is in charge. If you don't like the law then work to change it, don't think you are entitled to ignore it just because it conflicts with a few emotionally charged beliefs of yours.
Interesting, AppyPappy. I didn’t know that. If that is the case, then why would anyone believe that the HOA has a leg to stand on in this case?
I’m so glad my grandmothers loved children. In thinking of one of my grandmothers, she would have been so miserable were it not for her neighbors who had young children.
I wonder what the rules are for visitors to the neighborhood. Do grandchildren have to stay in hotels? Or can they spend a few days at Grandma’s house?
Good point, petitfour. Where is the line in the sand for these HOA's? I'm a grandmother myself and can't imagine living where no children are allowed.
You also asked questions that I've asked myself after hearing about this story. Are children EVER allowed to visit? And if they aren't allowed to visit, then what sort of grandparent would choose to live where their grandchildren aren't allowed?
A lot of these HOAs are where holier than thou, nosy fascists are bred. IOW, they are prime constituents fro the DEMoncrat party.
That might be the best thing to happen to this republic. The sooner people don’t want socialist insecurity and medicaid/care, the better.
Well at least you got the first point right, these people in HOA tend to be jerks, but that's not the issue here unless you think your emotional whining should trump commonsense and law. The liberals on here are the ones condonimg this ridiculous affront to free association. I am seriously starting to wonder about the collective IQ of this forum. I've never seen such lame attempts to justify nonsense as I've seen on this thread.
So being true to your word is at the bottom of your list? Glad to know that you admit you are a person who can’t be trusted. Or can’t I trust you on that either?
The “rule of law”? LOL. You can be lawful and still be an ass.
True, but you guys are wrong here, no question about it.
From the website of the article we are discussing, they have an online poll.
“Do you think the homeowner’s group was right to file a lawsuit?”
Percentage of 27919 Votes
Yes 5736 21%
No 22183 79%
Looks like I’m not in the minority on this one. That makes me feel better. :)
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Interesting poll, I don’t doubt some people are hostile to these sorts of HOAs, I couldnt’t deal with them myself. But still despite whatever it is, if these people want to live in an area child-free, that is their perogative. Don’t agree with that myself, but I don’t feel the right to force them to give up their beliefs and do things my way. Unfortunately there are a number of freepers her who seem to think that ok. Silly me, I thought the right to be left alone was a conservative value.
I agree that the association is within their rights legally, but ethically, I don’t think they’re taking the moral high ground.
Not to aim this at you, but all of you who say HOAs suck and no one should ever live under one . . . when was the last time you tried to buy a house in Houston?
Inside the city limits, in five years of home-shopping, my husband and I have not found a single HOA-less home. Not one.
The further out we want to move, the better the deals get. We could have two forested acres for what we pay now for our townhouse . . . IF we want to drive for three hours a day.
Sometimes the “choice” really isn’t one.
You and I do agree that people have the right to choose where they live and if that includes HOA rules being involved, that’s fine by me as well. Where we disagree is that in a situation such as this, I believe it would be more productive and compassionate if the HOA would not have filed a lawsuit when these people who are obviously trying to do the best they can right now to sell their home and move.
I wouldn’t live where stringent rules were placed on my freedoms either. :)
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