As the smarmy headline alludes, I am not a big fan of homeowner associations. I understand their appeal, that they keeps property values high, communities “safe” and so on, but more often than not their draconian rules seem to offer more room for complaint than for praise. Case in point, today’s story about a six-year-old girl who is likely about to be evicted from the home of her grandparents. Here’s the details.
Kimberly, the six-year-old in mention, currently lives with her two grandparents (who are also her legal guardians), Jimmy and Judy Stottler, after her mother had lost custody of the young girl after charges of a “chronic drug problem,” states MSNBC. The problem, though, is that Jimmy and Judy live in a Florida Retirement Community with bylaws that state all residents must be over the age of 55, with no exception. And since Kimberly is not of age, a case has been brought to the local police department to evict her from the community, at which point she would be picked up by child services and placed in a foster home, unless the Stottlers can move first.
Complicating the situation unfortunately, is the recent crash of the housing market — which has hit Florida particularly hard — making it near impossible for the Stottler’s to sell their house and move elsewhere. Their house has been on the market for over a year now, starting at a price of $250,000 and dropping to $129,000, and still there have been no interested buyers.
A MSNBC reporter talked to local residents who appeared to have little sympathy for the plight of the young girl. One resident plainly stated, “I believe they should go.” Another, Leland Wheeler the Lakes Homeowners Association President, when asked if he was worried he would become the bad guy, responded, “No the sheriff will. I will merely be the president of the board who is trying to enforce the policies of our association that she agreed to when she moved in.”
While the law appears to be on the side of the Homeowners Association, the result seems more than a little unfair. What is not unfair though, in the eyes of this blogger, is the bad publicity the Lakes Homeowners Association is now receiving. If you ask me, they deserve every last word of it.
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Comments
Kevin
October 21st, 2009 - 12:49:47 PM
I have to disagree that this is a case that shows why HOAs are "lousy". Don't get me wrong, there are many faults in HOAs , this is just not one of them. The owners knew when the bought the property their grandchildren, or any child of their under 55, could not live there with them. Now they want to overturn their part of the agreement. Usually the HOA Board of Directors uses courts to bully the homeowner, this case is the opposite.
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Laura
October 21st, 2009 - 12:58:05 PM
Kevin, while you're technically right, the grandparents should have known the rules when they signed the lease, you have to keep in mind the young girl only moved in with them more recently, after they had been living in the community for a while. And I'm sure they weren't planning on Kimberly's mother to become a chronic drug user, leaving them responsible for the kid. So it's hard to put too much "they should have known better" blame on the grandparents. It's hard to be *that* prepared or aware, after all. That said, a contract is a contract, and the law will likely uphold it. Still doesn't make it right, or the fault of the grandparents. I mean, they're just trying to do the right thing, take in a kid, and now sell their house so they can live elsewhere. In the meantime though, the Homesowner Association is trying to kick them out and send the girl to foster care. Pretty heartless, even if it is legal.
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Marie
October 21st, 2009 - 1:51:42 PM
To all that may read this, You may not like having the little girl there, but her grandparents are doing the right thing. What kind of people have we become when a 6 year and her grandparents are being removed from there home. If it was not for my parents and many other parent that are willing to step up to the plate for the children, where would most of us be? Being a single mom of 2 which i never thought it would happen to me, my parents are there for me and help to pick up my kids, get homework done and help be parents all over again. I hope people would look at themself's and say that could be us.(WHAT WOULD YOU WANT US TO DO FOR YOU)I hope you would do the right thing.
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HOAGOV
October 21st, 2009 - 2:35:15 PM
How easy would it be for the HOA, under guidance from its attorney, to establish a set of "rules" for hardship cases, and judge violations accordingly. That would be a compassionate and a benign government. But, you know, the directors are volunteers and don't really wnat to govern ethically and morally, and will defer to their attorneys. It's easier that way. Theses hired-hand lawyers make their income from diversity, not healthy communities. The board has the power to create a truly healthy community.
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Marie
October 21st, 2009 - 4:28:27 PM
This is a terrible story. I do believe the HOA has rules and they should be followed, however these grandparents moved there awhile ago and didn't intend on having the child living with them. It seems to me the grandparents are doing everything they can to sell and move why can't the HOA just adjust and be more patient with them instead of trying to send that poor little girl into the foster system, which by all accounts Florida doesn't have the best system didn't they loose a child ???
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Avery Garmire
October 21st, 2009 - 5:47:17 PM
Kevin, I'd like to see a police officer who pulls you over for speeding; suspect you were on drugs, pull you out of the car, taser and beat you with repeatadly with clubs... You might feel sorry but I would respond: well you should have known better than to speed, guess it was really all your fault. Quite logical ehhh.
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c1300
October 21st, 2009 - 6:00:24 PM
Sweet Mother of God what kind of word have we become? I would think that "community" would be happy to wrap their arms around that child and help her deal with a very difficult situation for a child. Shame on them! Such selfishness will truly be rewarded in hell!
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Ken
October 21st, 2009 - 6:46:35 PM
Just because the homeowners association is within their legal rights to do something doesn't absolve them from blame. There are other avenues to be explored here. The board could easily declare an official emergency exemption, effective for one year. That would be a reasonable amount of time to resolve the issue without having to be nasty about it. Now, if the year comes and goes and nothing has changed, I think many people would feel much differently about it.
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Andy Andrews
October 22nd, 2009 - 7:10:40 AM
This is an outrage! Mr. Wheeler is wrong - he is already the main bad guy. He could help the family rather than "dig in his heels" to fight them. Throwing out a six year old for this reason is totally un-acceptable. I have utter contempt for Mr Wheeler and his "Child Haters" at the Lakes HOA. I'm ashamed to live in the same county. Time to get the courts involved in order to force Mr Wheeler to ammend his almost criminal set of rules to allow the 6 year old and family to stay until their house is sold - PERIOD.
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Esther
October 22nd, 2009 - 8:51:45 AM
Check your facts before you blog. The young lady in question has lived with her grandparents for at least 5 years. According to the grandparents, it is the only home the child has known. This means that the grandparents were in violation of the HOA for a minimum of three years prior to the housing crash. The grandparents just chose not to resolve the situation and respond to the HOA until after the housing crash. Is it a sad situation? Yes. But the law is the law. And the grandparents ignored their legal contract for many years. It would be as if a single mom drove her car without insurance because she needs money for food to feed her kids. She is still liable for all consequences, even though you feel sorry for her.
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Terry
October 22nd, 2009 - 1:42:46 PM
A bit more fact checking reveals that these people have not signed any contract that posters here are alleging. They inherited the home from a relative. What we're talking about is a restrictive covenant on the title which states that a person under 55 can never live there. Personally I can't imagine why anybody would ever buy a property that comes with rules that tie your hands forever and restrict any future use even after your death. While on paper you may own it, reality is that your rights end with what the majority of the HOA board decides.
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