HOA to evict 6-year old

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JoeSpareBedroom wrote:

I have no way of knowing, but often it isn't surprising. I think I read this sad story at least six months ago. Boo, hoo, now the sheriff is kicking them out. The kid has lived with grandparents for SIX YEARS, so I doubt this situation wasn't clear to them long ago. As I said, not surprising. If for no other reason, the grandparents should have tried to avoid eviction just for the child's sake - the child probably doesn't need any more trauma in her life. Wonder if daughter is in the child's life at all, but that's a story for another day :o)
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Science says otherwise, but never mind.
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JoeSpareBedroom wrote:

Addiction isn't exact science....lots of nurture involved. I'm not being judgemental, just looking at the stated history of the situation.
Strike 1: daughter has apparent long-term drug problem. Strike 2: No father of the child mentioned Strike 3: Grandparents are...ingnorant?...believe rules don't apply to them? (They aren't actually rules, it is LAW).
Yeh, lots of good parents have kids with serious problems, but addiction and alcoholism have a great deal to do with childhood abuse and neglect. There is also familial tendency. The fact that the child has apparently been in custody of grandparents all of her life points to severity of family problems.
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Why not? You're doing the exact same thing.
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Not even close. The grandparents bought it VOLUNTARILY in an area where they knew the restrictions ahead of time. No one told them they HAD to buy in area with these restrictions.
--
To find that place where the rats don't race
and the phones don't ring at all.
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Fine. Then you can find a home in an area that allows children. But what you are saying is that this annoys YOU and so no one should be able to live they way they want to.
--
To find that place where the rats don't race
and the phones don't ring at all.
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wrote:

I enjoy the laughter (and whining and crying and outright noise and sometimes vandalism) of children, but I want to do it on my own terms now. I would imagine that is why people moved into that neighborhood in the first place. Things being the way they are today, I never would have moved there, because I know the minute that someone didn't want to follow the rules, they'd be whining for an exception. Buy land for your retirement, build in the middle of it, nobody to bother you then. :-)
Cheri
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On Wed, 30 Dec 2009 13:11:29 -0800, "Steve B"
Steve,
What is a reserve study and what's the purpose? I noticed you mentioned this before and was curious.
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wrote:

Reserve studies started with a mandate from the State of Florida. Lots of HOAs were taking in dues, and not being accountable for them. Either spending too much, disappearing books, or giving sweetheart deals to cronies. Others were not taking in enough, and then owners were being sent special assessments for thousands of dollars when a sewer went out, or pavement needed replaced, or some big ticket item came due, and there wasn't enough money for it.
Nevada adopted a version of Florida's law. Under it, a certified reserve specialist licensed by the State makes a physical inspection of the property. Everything that is paid for out of the dues is photographed, mathematically counted (as square foot of asphalt), given a life span, given a replacement value (such as a pool pump motor). This study is turned in to the next step, which compiles all this on Excel spreadsheets, and the spreadsheets and pictures are sent in book form to the management company or HOA board.
In there are projections that project how much money needs to be collected in order to pay for these things as they wear out. If it is a new property, it is done in a 30 year projection. If it is not, it is prorated on remaining life. Financials are taken into consideration, and they either have or don't have enough money in the bank to be on target for the budget. A POPM is calculated, and that is a Per Owner Per Month. Dues are then either raised, lowered, or remain the same, but the homeowner has an exact report of where their dues are going.
HOA's (which consist of members and the board) can then assess if they want to spend that much on that item, and take a vote. Lately, they have been xeriscaping, and therefore cutting down on lawn maintenance and water bills. These are some ways that they can adjust their budgets. Other items are fixed, and can not be altered, such as painting every X years, or roof repair, or pool replastering, or as now, meeting the new federal mandates regarding pool and spa filter entrapment retrofitting.
In Nevada, dues cannot go up more than 25% in a fiscal HOA year. Smaller studies are required every year on a casual inspection basis, and full studies required every five years. Adjustments to dues can be made every year.
This is to try to be sure there is enough money in the bank to pay for upcoming maintenance and replacement, and to catch anyone who is overspending or giving sweetheart contracts within a year.
It is a state to state basis. All states do not have this requirement.
HTH. Any more questions, ask away.
Steve
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wrote:

True, but a 6-year old is not the responsible one. After all SHE is the one being evicted, not the owners that signed the documents.
IMO, they are evicting the wrong person.
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Not entirely right. The grandparents are given the option of moving out with the grandchild or else the grandchild will be forced to leave. The child doesn't know the rules or regs of the HOA, the grandparents do and have violated them for 6 years.
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She is not the responsible one. She is just the one who will suffer.
Steve
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.

You're kidding, right? HOA rules in writing regarding "those type" of people? But, yes, they are legally able to limit the minimum ages of residents. They can be classified as "visitors", and a time limit put on their stay.
Federal guidelines and laws were enacted in the last decades or so regarding "those types" of people, and a lot of it had to do with minorities, gays, and other "types" of people. HOA's are very limited in evicting people who live there, just as any other landowner in the US is horribly limited when evicting people from their properties. Renters can take up to six months to evict in some places, all the while doing damage. And there's not a thing the owner can do about it.
Were a HOA foolish enough to want to "evict" a person for personal reasons, such as "that type" of person, "that/those person(s)" would profit greatly monetarily from such actions. The person who holds ownership, such as a bank, is the only one who can "evict."
HOAs can put liens against properties easily for having to clean up in excess of normal maintenence. They can lien for towing vehicles. They can lien if the property owner does not comply regarding landscape and such. Then it all gets settled when the property is sold. They can call in for excessive noise, child endangerment, child neglect, children left unattended, underage drinking, the smell of drugs, and anything else that everyone else can "legally" call the police about. THEY CAN NOT DO A LOT ABOUT ANYONE THEY "JUST DON'T LIKE". Other than wage a covert war to make life miserable until the people move out.
Which is what they usually do, and it really does turn into a war. If the feds get involved, it's usually their side that wins. So, if someone is stupid enough to violate federal statutes and start a war, they should just as well go out and play football in a field full of cactuses. Writing bylaws that describe and outline "that type of people" are digging a hole from the get go.
Steve
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Steve B wrote the following:

Ho-hum. You bring up vehicles, property maintenance, and other non-issues. You apparently don't have children or grandchildren, so you can't emphasize with people that do. Besides, why are you responding to my post? Didn't you killfile me over the 'star drill' thread we had 2 years ago, when you admonished others to not respond to my "troll" messages? Please killfile me again. Thank you.
Bill In Hamptonburgh, NY In the original Orange County. Est. 1683 To email, remove the double zeroes after @
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wrote

Look up this statute and learn:
Federal Register 24 CFT Part 100; 760.24-760.37 (4a) - Fla. Statute
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Am I reading that correctly, then, that in a part B development, that 20% can be under the age of 55? That would change a lot.
Steve
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wrote

Yes but if you go into the fine print of the details there is still no permitting of under 21's allowed. When I lived in Florida I lived in a small HOA of 33 homes. 6.6 homes were available for under 55. Anyway, the builder sold 7 units to under 55 and there was a possible problem there. Luckily one of those buyers backed out for financial reasons and the problem never came to hurt us as we would have lost our adult community status.
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horray! ban all the kiddies!!!
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TYVM. I shall. I got a new computer and lost that plonk list. I have three children. One is an interpreter in the Arkansas Justice System. One is a sergeant in homeland security, I cannot say which city. Babysat Joe Biden recently. One just finished his masters in industrial psychology, but still doesn't know what he wants to be when he grows up. I have five grandchildren I know of. Two are with us this week while their two LEO parents work the hectic New Year's in a city of over 1.5 million.
Please see my last post where I say it is the child that will suffer most. And I commend your memory. Boy, have you been holding that inside for two years? That must hurt. I don't even remember what you're talking about. You should learn to let go.
Wish I could say it's been nice talking to you.
Warm Regards,
Steve
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Steve B wrote:

There's too much worship of precedent. In the case you proposed, the answer should be: "Because we liked the other kid and we don't like yours." Or simply give no reason at all.
Years ago, Peter Lawford and his wife Patricia Kennedy tried to buy an apartment in New York. They were refused. When pressed for a reason, the housing committee said: "Because he's an actor and she's a Democrat. We don't want either in our building."
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