Moral or Legal rights – Association Age Restrictions
If your condo association has bylaws in place that restrict the community members to a certain age group – say over 55 only – you’d enforce that, right?
One condo association in Florida is doing just that. Yet the media furor and outrage from surrounding communities is enough to cripple business as usual for the group. The bylaws for the over-55 community are clear: no one under 55. Yet tell that to Kimberly Broffman, whose grandparents were awarded custody when Kimberly’s mother was deemed unfit to care for the little girl.
It’s a no-win situation. The grandparents are in violation of the rules of the condo association. Residents want the girl out.
The family is trying in vain to sell their house in a lousy real estate market. And now Kimberly’s days in the community are numbered. She – not her grandparents – is being told to leave. Her grandparents are hearing comments such as foster care, which obviously doesn’t sit well with them. Kimberly has a family. She simply has no home.
So what’s right? Legally, your condo association would be correct in enforcing the rules. Morally – that’s up for debate. Condo associations facing this difficult scenario are also facing the wrath of their other residents, who paid for, and expect, a child-free environment.
This is not a short-term problem, however. The grandparents, Judie and Jimmy Stottler, were given notice of their breach of condo association rules when Kimberly was three years old. Moreover, Kimberly has been with the Stottlers since she was six months old. While their situation is one we can sympathize with, the condo association has a legal obligation to all its residents to uphold the bylaws that all residents agree to follow.
From a risk management and insurance standpoint, condo associations must take consistent action in actions regarding breach of agreement. Condo association insurers may find reason to deny coverage should a condo association’s board not act in a consistent manner toward all residents. While it’s unfortunate that the Stottlers and their granddaughter find themselves in this position, the condo association has a legal obligation to its residents. And I would argue a moral one, as well.
How would you handle this situation?
Flickr photo credit: Ennor
A difficlt conundrum. On the one hand, Kimberly’s grandparents could just ignore the Association. What are they going to do, evict them? Impossible!! On the other hand, given that the child has been there for some time, they, the grandparents, have had enough time to find other accommodations, albeit since non-restricted communities are generally more expensive (i.e., higher sale price) that might not be feasible.
I’m sure glad I gave up serving on the board of my association (after nine years). What ingratitude!!!!