HOA to evict 6-year old

[HeyBub]

"[FLORIDA] Kimberly, a 6-year-old in the custody of her grandparents, is facing eviction by local law enforcement because her grandparents live in a retirement community. The child has lived in the house her whole life, as her mother is unable to care for her due to unspecified drug problems. Now authorities plan to remove the girl from the only home she's ever known and place her in foster care with strangers due to a homeowners association policy."

I agree. 'God's Waiting Room' (Florida) is no place for a child!

[Hell Toupee]

Florida chose to develop itself via planned communities and HOAs, in order to shift most of the costs of infrastructure development initially onto the developer who builds the community, then assumed by the homeowners who take on the debt not only for the home they buy, but for the development's costs, too. That's the primary purpose of the HOA - to collect funds for the debt payments and to keep their community maintained. Making up additional rules is what they get to do to make their community more appealing for those who believe rules are for everyone else. If the citizens of that state keep bitching about their big bad HOAs, they should vote to implement an income tax on themselves, so the state will be able to fund infrastructure, instead of forcing developers and homeowners to assume the debt via homeowner's associations.

With regards to this particular case: the couple moved into a seniors-only community and understood that when they purchased their home. The community doesn't have to change because their life did. Since they've had no luck selling it, they should see if the HOA rules permit homes to be rented. If they can, just rent it out and move into an apartment with the kid.

[JoeSpareBedroom]

It sounds like they DID understand that when they bought the home, and the child ended up with them afterward. But none of that matters. I would've liked to know the real reason the association wants them out. It's more than just rules. Has the child caused problems? Many old people have nothing better to do than complain about nothing at all.

I lived in an apartment complex for a couple of years, and one of the rules stated that cars without license plates would be considered abandoned or evil or some such thing. I sold my car, and on the day the buyer was picking it up, I removed the plates. Within 15 minutes, the police were at my door. I explained the situation. He said the police got 15-20 calls a week from aimless, nosy old people in the complex. He said "Have a good day" and left. I called the rental office. The nice lady said she had nothing to do with the call.

Nosy old people used to sit at the front door of my building in nice weather and inquire about the groceries I was carrying in or the trash I was carrying out. This may be what the couple in Florida is up against, and if so, the judge will hopefully spank the appropriate parties.

[norminn]

This particular case has been going on for a long, long time. Time enough for the child's mother to finish rehab and be a mother again. My condo does no background checks, and would be more inclined to welcome those who fail than those who pass.....wonder what the HOA history is with the mother of this child and whether there is bad blood because of the mother. Not enforcing the bylaws could get the HOA sued for discrimination, so solutions aren't always easy. If the grandparents are willing to take such a heavy loss in selling their place, why not just rent it out and live elsewhere? Their family problems may be tragic, but the whole neighborhood doesn't need to pay the price.

[Percival P. Cassidy]

I had read of a somewhat similar case (except that the child in question was a high-school senior whose sole surviving parent had died. The grandparents were the only family members with whom she could live without having to change schools part-way through her senior year). A while later, at a "Senior Expo," I asked the manager of a senior-housing complex what would have happened in his complex in such circumstances. He said that since they get special tax (property tax?) breaks for senior-only housing, he would have had to evict the girl also.

I am no fan of HOAs and live in a community without one, but can we be sure that in the case in question there are not some other relevant factors?

Perce

[Stormin Mormon]

Wow, 15 minutes. Wish that TSA worked as efficiently. They should hire some nosy retirees. We could cut down on underwear bombers.

I got a "unregistered vehicle" letter from the trailer park one time, the license plate was laying on the dash board, not screwed to the front. Oh, well.

[Sanity]

Seniors move into these communities because most can't take the noise of children running around. Don't condemn them because one day you'll be old and you won't want to be disturbed or annoyed. Regardless of when the child came into the development, HOA rules, especially in Florida do not allow anyone under the age of 21. Adult communities can lose their status if there are underage people living there.

[norminn]

I'm not fond of HOAs and condos, either. Equal dislike of spoiled, trashy, rude and undisciplined kids. We have one teen brat who often tosses her fast food trash in the parking lot or atrium. Other adult children who have been drunks and druggies, having loud arguments, letting pets run loose, trashing former residence, etc. There are very good reasons for people to live in seniors-only homes - one is that people who have never had kids don't want them around. Understandable and a good choice for some people. The hoodlum element also prey on elderly, which is an issue I have only recently begun to contemplate.

[mm]

That's hardly the only remedy to this situation. The legistlature could also ban HOAs from excluding chidren.

This wouldn't require any change in taxes.

Now I don't think a straight, immediately-effective ban would be fair to those who moved where they did because there was a bad, but there are lots of intermediate options, requiring each memberships to vote whether to conintue or not as child-proof, requireing 60 or 70% or more to approve such a rule, maybe increasing the percentage every few years, requiring several years for any change to take effect.

Anything I would support probably wouldn't help this 6 year old.

I'm afraid the solution for her is for her grandparents to move, and take her with them. Lots of kids move for the first time when they are

6, or younger or older.

Yes, renting would be good. then they can move back when she's 18 or whatever the age limit is.

[salty]

It would require a HUGE change in taxes. Over half the annual budget for any community with children goes for schools.

[Jon Danniken]

Which should be exempted from individuals who do not have children.

You breed 'em, you feed 'em.

Jon

[salty]

Very short-sighted view of things. You get many benefits both tangible and intangible from educating those children.

If you think education is expensive, try ignorance.

[JoeSpareBedroom]

Exactly. A few years ago, old folks here were having town hall meetings to bitch about taxes. They got news coverage. The comments were like these:

- Let's cut sports out of the high school budget. Too expensive. (Estimated tax increase was about $19 a year) :-)

- We need to do something about aimless kids hanging around after school and getting into trouble.

- Who the hell needs to learn foreign languages any more?

Very logical. Duh.

[Hell Toupee]

No, the question is: what's YOUR problem? Your persistent defense of rule-breakers suggests you have - or are - one.

[Hell Toupee]

Too bad her grandparents put their comfort first, isn't it? They made a choice, reinforced over years, to put their granddaughter's future at risk. She pays the penalty for having lousy parents and grandparents.

Knowing several foster parents, there's a good chance she could end up being raised by more responsible adults. You know - the kind who put the child's interests ahead of their own. Unlike granny and gramps in this story.

[JoeSpareBedroom]

You're right. Better to dump the girl into "the system" and see what happens. That usually works. Right?

Right.

[Jeff The Drunk]

That's nothing. I can't park my Honda Gold Wing at my friends HOA controlled condo in Clearwater. No motorcycles allowed even though mine is more quiet than most 4 wheel vehicles.

[JoeSpareBedroom]

Put yourself in the exact same position as the grandparents. Now, beginning on the day when their daughter lost custody of the little girl, what would YOU have done differently?

[Kurt Ullman]

Probably nothing on the day. How about six years later on?

[JoeSpareBedroom]

The article says they've been trying to sell the home. Unless I missed something, it didn't say WHEN they began trying. Early in the six years? Later?

Without that information, this discussion is based purely on conjecture. I realize conjecture is the fuel on which newsgroups run, but still, it's best to avoid it whenever possible.