Retirement Community Tries to Evict Six-Year-Old Girl
Looking for a little compassion? You won’t find it in Clearwater, Florida. A retirement community there is working hard to evict its youngest resident — a six-year-old girl who lives with her grandparents. If they’re successful, the child could be placed in foster care.
Jimmy and Judy Stottler have been legal guardians of their granddaughter Kimberly for about four years, after her mother lost custody due to a chronic drug problem. But their Home Owners Association bylaws clearly state that all residents of the community must be 55 years or older. Bringing Kimberly home created a stir among their neighbors.
Eventually, the Stottler’s decided to move. But despite lowering the price on their home from $250K to $129K, it just won’t sell. Now it’s up to a judge to decide whether Kimberly can stay until her family sells their home, or whether she alone will be evicted. If that happens, she could be placed into state custody until her grandparents can find another place to live.
The video below makes it clear why some of these community residents chose a child-free neighborhood. It doesn’t take much imagination to picture one Leland Wheeler shaking his fist and yelling at neighborhood kids to get off his lawn. These people bought homes in a child-free community, and they have a right to protect their way of life.
But they also have it in them to show a little compassion. Allowing a temporary emergency exception for Kimberly and her family won’t open up their neighborhood to a flood of noisy children. But removing her from the only home and the only parents she’s ever known does leave them wide open for criticism.
Because just because you’re right doesn’t make it right, you know?
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Tags: bethany sanders, clearwater, custody, evict, florida, grandparents, home owners association, legal guardians, retirement community, six year old
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This post was mentioned on Reddit by thilehoffer: Some old people suck. I walk my dogs in a retirement community full of modular homes (high end though). 85% of the people are really nice, we stop and chat with them sometimes and stuff.
But one day…
uberVU - social comments commented on Oct 22 09 at 11:05 am[...] 6:06 pm on October 22, 2009 Reply Retirement Community Tries to Evict Six-Year-Old Girl | Strollerderby Looking for a little compassion? You won’t find it in Clearwater, Florida. A retirement community [...]
Retirement Community Tries to Evict Six-… « Scary Zombie Nation commented on Oct 22 09 at 2:07 pm[...] Retirement Community Tries to Evict Six-Year-Old Girl | Strollerderby WTF people? What is wrong with [...]
Arsehole(s) of the day. - Los Angeles Kings Hockey Fan Forum commented on Oct 23 09 at 5:08 pm[...] was not technically “over 55″ or arguably “retired,” the alarmed HOA tried to force the girl out. Attempting to move, the Stuttlers failed to sell their home even after slashing its price from [...]
Top 7 insane homeowners association rules – THE WEEK | Blake's Blog commented on Dec 19 09 at 10:11 amguy commented on Oct 22 09 at 11:02 amwhat do you expect when all the grumpy old people move in together. A 6 year old is enough to brighten anyone’s life, that is, unless your a jaded old grump.
John Woods commented on Oct 22 09 at 11:04 amWow, shes cute, let her stay! Stupid condo commandos someone needs to break their arms!
trent commented on Oct 22 09 at 11:25 amthese people should be ashamed for their actions
babblereader commented on Oct 22 09 at 11:31 amWow. That is crazy. I can’t believe the neighbors would do that. Even if they don’t have kids or grandkids, can’t they see how heartless they are being?
Rugby commented on Oct 22 09 at 11:56 amyeah def not a cool move. I mean as long as she’s on a leash she should be able to stay!
chance1 commented on Oct 22 09 at 11:58 amI live in a condo building full of silver haired retirees like these folks and I’ve never met a more uptight bunch of people who freak out and harshly try to enforce the condo rules (some which don’t even exist) just so they have something to do with themselves. That board should be ashamed of themselves. It’s totally within their power to vote in an “emergency amendment” for that little girl. Greatest generation, my ass.
jenny tries too hard commented on Oct 22 09 at 12:09 pmmaybe there is an older couple in a typical neighborhood or apartment who could swap homes with this family till it sells? What about renting it out? It seems like there just has to be a solution…I hate to be on the wrong side, but it looks like the neighbors have dealt with the little girl being there for four years, it would seem that the grandparents had plenty of time to find a solution, though I do feel terribly for them.
PlumbLucky commented on Oct 22 09 at 12:23 pmjenny - all I know is that our old house was on the market for two years before it sold, at well below the appraised value. Before the bottom fell out of the market. I’d really be curious when the house was put on the market.
jenny tries too hard commented on Oct 22 09 at 1:06 pmOh, I don’t doubt that the house is taking long to sell, just to clarify. I just think that once the house did start taking long to sell, some other options should’ve been taken up, like renting the house, etc. I feel for these grandparents, but to be totally fair, it’s not like the neighbors are kicking them out the day the little girl moves in. It does look like the neighbors made an exception to the rules for something like three years, if you consider that maybe a year was spent in limbo with the grandparents giving the mom a year to get her life on track. I hope they get it resolved soon, because all will be happier when the neighbors have their retirement community back AND the little girl can be in a neighborhood with other kids.
cody commented on Oct 22 09 at 2:21 pmWhen the little beggars get bored with scattering their toys all over the yard, they start scattering small boulders and rocks. The screaming and crying never ends. They drag the garden house all over the place, remove the sprinkler and forget it somewhere no one knows.
required commented on Oct 22 09 at 2:29 pmmaybe they should have thought about the rules of the community and the contract they signed before they took the kid in? not like it’s a surprise or anything. just foster the kid up then you don’t have to worry about moving and your neighbors will finally be happy.
Ri-chan commented on Oct 22 09 at 2:42 pmjenny- they probably have a rule against renting out the houses, a lot of higher-end communities have rules like that.
jenny tries too hard commented on Oct 22 09 at 2:50 pmI understand that, ri-chan, but maybe the neighbors would rather rent to a pair of 50-somethings than deal with the homeowners and their granddaughter. The home I am renting was not technically supposed to be a rental property because of the HOA, but they made an exception when the homeowner hit hard times, moved in with her daughter, and couldn’t sell the house for over two years. It was clear that it was headed to foreclosure, and the neighbors were having to pick up where my landlady’s hired maintenance man couldn’t or wouldn’t, with picking up trash in the yard etc. Just seems like one solution that ought to be on the table.
Alison commented on Oct 22 09 at 3:04 pmThe couple inherited the property from her mother and they are not very well off. This house is their only asset. Some people have suggested that the community is probably using this as an excuse to get rid of neighbors they feel are not “their sort of people.”
This couple didn’t intend to become their granddaughter’s guardian, they only intended to watch her for a small amount of time (time that was allowed by the community’s bylaws) and their daughter disappeared. So they have been trying to sell their house. What no one has discussed is how this bad publicity is affecting the sale of the house and the property values of the houses in this community;How many grandparents would become guardians to their grandchildren if something happened to the children’s parents? I can’t imagine people are clamoring to buy into a community which seems to be made up of people who have no compassion, people who would force a couple to put their grandchild in foster care because her presence violated their bylaws.
BigDuke commented on Oct 22 09 at 3:07 pmI have never understood and will never understand why HOAs are allowed to make obviously discriminatory by-laws. Why can’t HOAs have by-laws that prevent black people from living in a community? These old arrogant people are the same ones that refuse to pay school taxes because they are retired and don’t have kids at home. We live in a society! I don’t think fireman under the age of 55 should put their fires out. I don’t think cops under the age of 55 should answer their home invasion calls!
Nik commented on Oct 22 09 at 3:36 pmIf people didn’t break rules women still wouldn’t be able to vote. For shame.
Shouldn’t compassion come first instead of your own selfish comfort? And you wonder why north America doesn’t respect their elders.
Martin commented on Oct 22 09 at 3:53 pmThose crazy Americans …
coolteamblt commented on Oct 22 09 at 3:57 pmI had a similar problem with my in-laws. They live in a 55+ trailer park, and they watch our ten month old while we were at work. The HOA issued a complaint against them having an infant at their home for 40+ hours a week. We had to find a new daycare provider over the issue!
Andrea commented on Oct 22 09 at 4:01 pmI don’t know anyone who would want to buy a home in that kind of a community, retired or not.
GeenaG commented on Oct 22 09 at 4:44 pmComments
These people have had a long time to figure out some way to deal with this and they have failed to do so. They are not so special that they get to have the rules suspended just for them. They agreed with the rules when they moved in and agreed to abide by them, if they didn’t agree then they should not have moved there.
It’s quite a rude assumption you all makes that people are uptight old people because they want to live minus other people’s children. I will be the first in line to live in an age restricted community when I retire. No screaming, splashing kids at the pool or facilities, I absolutely can’t wait. A peaceful, adult only atmosphere sounds like heaven, with not an entitlement minded parent in sight.
My kids are grown, gone and self supporting, I have done my time with kids and it’s my time of life to focus only on myself and the activities and lifestyle I enjoy.
anon commented on Oct 22 09 at 6:43 pmAnother news article mentions she’s been living there since she was an infant. So it does seem the HOA has given the grandparents years to work out something else. The people in the retirement community chose to live in an over 55 community for a reason. The HOA has been gracious in letting her live there for a number of years to give the grandparents a chance to work out arrangements. If you want to be angry at someone, be angry at her useless, loser of a drug addicted mother and father who brought a child into this world they couldn’t care for.
Parker commented on Oct 22 09 at 6:46 pmThe judge should rule that each member of the community must show up at the courthouse and sign a petition physically held in the hands of this little girl. Make those emotionally disconnected seniors feel every ounce of what they are doing. Disgusting!
Craig commented on Oct 22 09 at 7:30 pmI find it incredibly sad that an older generation can’t find it in their hearts to make an exception for this kid, until something more suitable is found. Laws are meant to uphold justice … I don’t see any justice in turfing out this poor family, or forcing a six year old child to live with foster parents! Perhaps these old people should spend a little more time with other generations instead of living in their retirement ‘bubble’.
Knitty commented on Oct 22 09 at 7:49 pmSo this is what the esteemed members of the Greatest Generation are up to these days.
BigDuke, I’ve been wondering the same. If they’re allowed to discriminate against a child, why not black people, Chinese people, gays? Are they allowed to set up discriminatory statues to keep out anyone they don’t want around? How is this legal?
anon commented on Oct 22 09 at 8:36 pmOh & as for the Leland Wheeler shaking his fist comments, did it not occur to you that modern parenting is probably one of the reasons people are seeking 55 & over communities? Back when I was a kid (born in the mid 60s), if I complained about a grouch older neighbor, my parents might laugh, but made it clear I was to stay off their lawn, etc. because we were to respect other people’s rights. Too many parents today just let their kids run wild and then get annoyed when the neighbors get an attitude about it. Since parents won’t make their children show basic respect for property rights, older folks have to seek refuge in 55 & over communities.
Ryan commented on Oct 22 09 at 9:02 pmGuys, these people are not from the “greatest generation.” These are the baby boomers, those selfish bastards that fought for rights for themselves when they were young, only to turn around and deny them to others when they got old.
Janet's Cat Mitsy commented on Oct 22 09 at 11:41 pmI’d like to go there and punch these old worthless pieces of garbage right in the face.
How dare they break a discriminatory homeowners association policy! I’d also like to punch the little girl. She annoys me.
Carolyn commented on Oct 23 09 at 12:35 amComments
Shocking. There is really no other word to describe these “people” who would fail to extend compassion to these grandparents who are obviously trying to make a good life for their granddaughter.
My husband and I and our three kids moved into a neighborhood three years ago that was originally designed for “retired” people. Fortunately, there was nothing in the HOA covenants regarding age requirements. We were the fourth homeowners in the neighborhood. Since we moved in, our neighborhood has filled up — with other families, with retired couples, with singles. We all socialize, share and meet, and truly get along very well. Why? Because none of us are bigoted or small-minded.
This story disgusted me more than I thought it would. My hopes go out to the family being so poorly treated. I can only hope that all of those homeowners trying to evict this child will someday have to face some sort of music in their own lives, and that they will remember their heartless actions in the face of it. Sick people.
Eric commented on Oct 23 09 at 1:49 amI hate very few things, but I HATE homeowner’s associations. They don’t pay any part of the mortgage so they can take their uptight little rulebook and cram it. I’ve never even heard of a 55+ requirement before. That is insanity. If we had “no one over 50″ communities these same people would be crying ‘ageism.’ I agree that kids these days don’t have the same respect for their elders (or really much respect for anything) that they used to, but that isn’t going to change by isolating the elderly and further compartmentalizing our society. Would these people have the same ‘right to protect their way of life’ if they were excluding homosexuals, minorities, immigrants, tall people, fat people, old people, or any other kind of people?
anonymous commented on Oct 23 09 at 2:22 amHopefully the hell then end up in is populated with Children.
Pete commented on Oct 23 09 at 6:56 amYou always hear the old people saying “These kids today”. Yeah well it’s not just the kids, obviously these old folks are not leading by example and have no right to complain about the “kids” of today. It is crazy.
Ann commented on Oct 23 09 at 9:00 amThese people have had plenty of time to find an amenable solution, and apparently well before the housing bubble burst in FL. This started back in 2005…and housing was still chugging along. They could have sold, which was the only solution to keep the girl (after all,t hey signed a contract.) They chose not to. I find it funny that people won’t bat an eyelash about HOAs banning dogs, or cars parked on the street, but if a retirement community acting within their legal rights chooses to be 55+ they should make exceptions because a kid is involved. This couple signed a contract and has been scamming for four years. Noowwww, they can’t sell and poor poor us.
Plus, where is the anger at the drug addicted whore who birthed her and dumped her off on the parents?
two cents ¢¢ commented on Oct 23 09 at 10:20 amIf I move to a place where there ‘are no kids allowed, save for short visits’ then I do NOT expect any exceptions. Otherwise it will be over-run with kids. Why not this exception, why not that one? All the boo-hoo stories. These people, perhaps through no fault of their own, raised a crappy daughter. They are trying to do the right thing: they simply have to bite the bullet and MOVE.
Not everyone is enchanted by the noise children can produce. This kid may very well be quiet, well-behaved. That is not the point. People moved to this community with an expectation that exposure to children WILL BE LIMITED! Once an exception is made, well, I repeat myself.
One of the reasons some conditions in this country are the way they are is relaxation of penalties, rules, etc. grouches indeed. To the individual who stated that, phooey.
two cents ¢¢
Kikiriki commented on Oct 23 09 at 10:45 amITA Eric - maybe we should start “no one over 50″ communities. What is the difference? I’ve been way more annoyed by an old person acting like a jerk than I have been by a kid - by the time they reach old age, people should know better than to act the way some of them act (worse than children). Why is it not discriminatory to make rules against children living in an area?
gunsmith commented on Oct 23 09 at 11:12 amIt is illegal for discrimination by age for housing. These “retirement”communities are all for the most part white people that want to live with there own kind. What a crock of crap. They take the best communites,and put a 55 or over sign on them, make you fill out an application to see if you are the “kind” of people that they want, and then the local gov. taxes the crap out of them, for school taxes,a win situation, as no one there goes to school, Pure profit for the local gov, and school district.
These places are illegal, and need to be taken to the Supreme Court for discrimination against minorities, and age discrimination.
RamGrl commented on Oct 23 09 at 8:38 pmLeland Wheeler is also gay (a contributing writer for http://www.glbtq.com) who has….get this…a Masters Degree in Social Work. So he has I would imagine been discriminated against himself, and has a degree in a field where he learned for YEARS to help other people. There is something beyond wrong with this man and WHY should these types of places exist any more than others? What if I started a community that didn’t want old people, or colored people or gay people? Would that be okay? Hell no it wouldn’t! I would be sued to the teeth if not shot and killed on spot, Yet, as Americans we seem to be okay with letting retired people make their own little niche where no one that they deem “too young” is allowed to reside. The simple fact is discrimination is discrimination and NO homeowners association should be able to make it so that someone can’t live in their home if they take in a relative. This is EXACTLY whats wrong with the moral fiber in this country, money is more important than family. If I were the grandparents I would rent a house or apartment where children are allowed, and spray paint child haters live here on the house before I packed my junk and moved out. Let the HOA clean THAT up.
Sgrobare commented on Oct 24 09 at 2:56 amFor those of you saying that when the times comes, you’d like to live in a retirement home because you are done with children once yours leave home, and that this is reason enough that these rules should not be bent, let’s imagine for a second something happened when your children were infants. Let’s say you died. Should your children go into foster care because the only person willing to take them in who is still family can’t find a new place to live? If it was your child you would want an exception to be made. Try a little empathy for once. She’s six. It’s not like she’s a rowdy teenager driving all over their lawns. Clearly the family will get out of there as fast as they can so they don’t have to live with a bunch of heartless old people.
mommiedear commented on Oct 24 09 at 9:05 amI think it is time for the community to come together and allow the child to stay with the grandparents. Its not like they havent been trying to sell the home noone is buying the market is sluggish to say the least. This is no reason to shunt a loved child with primary caregivers into a over burdened foster care system which already has such a rate of abuse and neglect.There have been many back and forth comments and confessions on this very subject on http://www.truuconfessions. com. Confess yourself!
mel commented on Oct 25 09 at 4:42 pmThis community has put up with this for FOUR years! I understand compassion, but they have already outstayed their welcome. In four years they have not been able to come up with any other solutions?
If an exception is made for this little girl, how do they handle the next family that wants to take in a grandchild? It seems that the HOA wants to be compassionate, but there must be a limit. If they don’t try to enforce their rules, the next family doesn’t have to follow the rules either.
OK, so the family is not well off, and maybe they inherited the home. That doesn’t mean they don’t have to follow the rules. Perhaps this girl SHOULD be in foster care, because this couple raised the mother who left the child behind. Are we sure they are the best people to be raising yet another generation?
Tom commented on Oct 27 09 at 9:19 amI have a similar post on my blog. “Gated Community in Kissimmee” is very anti-family, and the ‘resort’ is not even 55+ community. http://retirehappier.wordpress.com/2009/10/20/define-retirement-part-two-get-a-life/
The main point is IMHO, is to qualify for the 55+ you first must be a HUMAN BEING, perhaps the little girl can enforce that aspect of the “Rules”.
Sue commented on Oct 27 09 at 12:28 pmComments
Fine, you want these people to end up in Hell populated with children. What do you suppose the children will have done to deserve to be in Hell.Also, it is true that the vast majority of the members of the community are most likely Baby Boomers not the Greatest Generation.
Toby commented on Oct 28 09 at 4:37 pmWhat you FAIL to disclose is that the 55+ community could be decertified by the state and lose its tax exemption (in Florida about HALF of the considerable real estate taxes are for school which is mostly exempt in 55+ communities). These people have been warned for FIVE friggin years to move. These idiots could always rent their house out and move if they wanted to. Don’t be fooled by the MSM.
jenny tries too hard commented on Oct 29 09 at 9:39 amToby’s comment about taxes changes everything. Now that their granddaughter is old enough to use the public schools, no way should they continue to live in a community that is exempt from school taxes. I’m kinda miffed that these communities don’t pay school taxes, anyway, though—Do they not get that they are beneficiaries of the local school system, if they use a doctor, nurse, etc. who went to K-12 in the area.
Andrea commented on Oct 29 09 at 4:32 pmI have no doubt that they’re trying to get out as fast as they possibly can. What do you suppose this family’s life is like surrounded by neighbors like this? And the people saying “just move!” are showing an obvious class bias. I don’t know about this family’s finances, but many people literally can’t “just move”. Moving is expensive (even a crappy apartment requires a security deposit and advance rent), and they’d still be paying HOA fees, maintenance, taxes, etc. on the house they’re leaving. It may be that these commenters could “just move” out of their houses if need be, but that’s not the case for everyone.
Joe commented on Dec 19 09 at 2:44 pmWow Deja-Vu. My parents live in a retired community now for much the same reasons anyone lives in such a community. No one in the household is going to school so they like the tax exemption and lets face it, children are loud.
Anyway, their neighbor took in a granddaughter after her parents were killed in a car crash. My parents started complaining about the little girl IMMEDIATELY and I guess the other neighbors complaints mirrored my parents. It wasn’t long at all before the girl was living with an aunt and uncle instead.
Lisa Wagner commented on Dec 29 09 at 3:22 pmComments: The HOA standard should be to ask every single board member - what in the world would they do in this situation if it was their granddaughter. You can’t tell me they would not bend the rules for themselves, that is what HOA board members do (just like congressmen and women). These are supposed to be guidelines to create a desired environment - not the constitution. Get them on camera, I’d like to see them explain how one six year old can harm their lives.








