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HOA kicks out grandson after moving in with Grandparent's after his parents died.

crash_davis

By crash_davis
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crash_davis

crash_davis 23115

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This should be an interesting discussion.

The kid's parents died a couple weeks apart. His Grandparents live in an elderly 55+ community in Arizona. They take him in, cause that's what families do. HOA now wants the kid out of the "community" because he's not 55+.

https://www.abc15.com/news/region-northern-az/prescott/hoa-in-arizona-forcing-teen-who-lost-both-parents-out-of-55-community

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PRESCOTT, AZ — An Arizona teenager who lives with his grandparents is being forced by the HOA to leave the 55+ community.

The family of Collin Clabaugh, 15, tells ABC15 that their grandson came to live with them after both his parents died two weeks apart.

 

Fuck the HOA? Fuck the grandparents who are trying to do the right thing but breaking rules? Fuck the rest of the geriatric motherfuckers in the "community" for not speaking up and defending these grandparents to get an exception with the HOA?

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Mrs Whiggins

Mrs Whiggins 13050

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In the clip, the HOA referred everything to their attorney who sent a statement saying something about how it could open them up to legal complications (paraphrase). Can't attorneys figure out a way to write something that allows this young man to stay there longer? He's fifteen, grieving with his grandparents and had to move to a new state in order to have a home. If anything, the residents have an opportunity to develop a relationship and assist with this process at no cost to them other than their time. What a bunch of cranky people.

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Huckleberry

Huckleberry 33114

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Fuck the HOA is the correct answer. HOAs have the ability to use discretion and not enforce a rule just like most places that are in charge of something. This is a situation where the clearly correct thing to do is to let it go.

Signed,
An HOA president who is an HOA president specifically to keep assclowns from being dicks

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crash_davis

crash_davis 23115

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5 minutes ago, atomheartbevo said:

This.  They may start out with good intentions, but fill up with busybodies who want to be in everybody's business, because that's the only people who have the time for it.

Aren't getting exceptions relatively easy to pass through HOAs? If the older geriatric aholes wanted, couldn't they motion for an exception? So is the HOA doing the will of it's "members" or are they just being normal aholes?

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Huckleberry

Huckleberry 33114

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Just now, Mrs Whiggins said:

In the clip, the HOA referred everything to their attorney who sent a statement saying something about how it could open them up to legal complications (paraphrase). Can't attorneys figure out a way to write something that allows this young man to stay there longer? He's fifteen, grieving with his grandparents and had to move to a new state in order to have a home. If anything, the residents have an opportunity to develop a relationship and assist with this process at no cost to them other than their time. What a bunch of cranky people.

That is 100% bullshit. It would be extremely easy to grant an exception and there would be no legal issues at all. The only legal issues that an HOA can get bitten by are from targeting a specific resident.

If you enforce a rule against only one resident, you can get bent and rightfully so. If you enforce a rule against nearly all residents but grant an exception in an obviously extenuating circumstance then you're fine. Furthermore, it wouldn't take very long to write and document that you will now have a standard exception "if a resident or residents have a grandchild for whom they become legally responsible upon the death of the child's parents, this rule may be waived."

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crash_davis

crash_davis 23115

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Just now, Huckleberry said:

That is 100% bullshit. It would be extremely easy to grant an exception and there would be no legal issues at all. The only legal issues that an HOA can get bitten by are from targeting a specific resident.

If you enforce a rule against only one resident, you can get bent and rightfully so. If you enforce a rule against nearly all residents but grant an exception in an obviously extenuating circumstance then you're fine. Furthermore, it wouldn't take very long to write and document that you will now have a standard exception "if a resident or residents have a grandchild for whom they become legally responsible upon the death of the child's parents, this rule may be waived."

So is the HOA acting alone or is it acting for the other asshole "members"?

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ChickenSandwich

ChickenSandwich 9853

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Is this one of those “sunset” communities?
 

Everyone over 55, and no kids correct?  So if this goes to court and they are forced to accommodate, do all of these go away across the country?

Neighborhood could have pulled together and gave them time to sort out their new unasked for situation.  Some sort of exception/ at least grace period?  
 

I hate HOAs, but that community should have the right to exist as all of those who sign on and agree to do so.  

Edited by ChickenSandwich
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AUS-97HORN

AUS-97HORN 11824

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yeah but lets be honest here folks, this isnt your average "all HOAs suck" issue.

Those 55+ communities have some really iron-clad verbage in their HOA agreement, The olds pay extra for the idea of not having to deal with kids on their lawn.

Its a terrible position for the kid to be in, and the HOA has to enforce their own rules or they get sued by the residents.

The only way i think they could have gotten around this was to have a vote for all the HOA members to ask for a single 1 time exception that expires the moment the kid either graduates HS, or turns 18, whichever is later.   But then again, their HOA bylaws might not allow for an exception vote.

 

Also, the article points out that the HOA will have given them almost 2 years to work out an alternate option, so its not like the kid is being kicked out right now.   they have until this school year ends to come up with an alternate place to stay

 

I know this wont be a popular post, and I expect to get negged because it sounds like I have no heart, but reading the article, it sounds like the HOA gave as much leeway as they could without being taken down by other members of the HOA.

 

Edited by AUS-97HORN
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Cajun

Cajun 11750

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There is no situation where I side with an HOA.  None.

Fuck all of them.

Neighbor of mine down here near Circle C just got a letter informing her she's being fined $2000 (yes, you read that right) for leaving her trash bin out past 5pm on pick up day.

Today I'm going around to photo document all the shit that they (the HOA) are required to take care of which they are not.  I will issue my own fines along with the name of an attorney to contact for questions.

Fuck 'em all.

#YourHuckleberry

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dingleberryswitzer

dingleberryswitzer 2724

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33 minutes ago, crash_davis said:

So sunset communities are where assholes go to die?

Pretty much. MY in laws live in one part time.  It's fuckin dumb.  A bunch of money spent on well manicured lawns, yet no one actually spends time outside in said lawns.  Everyone has a golf cart,.I've seen someone walking their damn rag dog from the confines of a golf cart.  Neighbors get pissed if a leaf from your tree falls on their lawn.  Lord help you if your dog barks once .  I'm sure the Realtors love them though.

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ChickenSandwich

ChickenSandwich 9853

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5 minutes ago, dingleberryswitzer said:

Pretty much. MY in laws live in one part time.  It's fuckin dumb.  A bunch of money spent on well manicured lawns, yet no one actually spends time outside in said lawns.  Everyone has a golf cart,.I've seen someone walking their damn rag dog from the confines of a golf cart.  Neighbors get pissed if a leaf from your tree falls on their lawn.  Lord help you if your dog barks once .  I'm sure the Realtors love them though.

So....you are saying these are good things?

As opposed to randomly scattering them through regular neighborhoods?  
 

#teamtheyshouldsticktogether

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Armybrat

Armybrat 40920

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1 hour ago, crash_davis said:

I guess the other elderly in that HOA hate their kids or grandkids because if something similar happened to them, they wouldn't take in the grandkid?

So sunset communities are where assholes go to die?

I do not live in one of those geriatric communes and neither do my two older brothers. In fact my oldest brother who lives in an open neighborhood adjacent  to Sun City hates those old fucks for clogging up the roadways and causing accidents.

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Armybrat

Armybrat 40920

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1 hour ago, Cajun said:

There is no situation where I side with an HOA.  None.

Fuck all of them.

Neighbor of mine down here near Circle C just got a letter informing her she's being fined $2000 (yes, you read that right) for leaving her trash bin out past 5pm on pick up day.

Today I'm going around to photo document all the shit that they (the HOA) are required to take care of which they are not.  I will issue my own fines along with the name of an attorney to contact for questions.

Fuck 'em all.

#YourHuckleberry

I have gotten three warning letters in 25years for leaving my garbage bin up by the corner of my garage a day after pick up. The letters even include a photo of the offending can. Said can always resides in a storage shed behind the privacy fence on the side of my house. Half the neighborhood keeps theirs parked 24/7/365 in full view on the side of their houses. 
Fuck the Brushy Creek HOA.

 

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crash_davis

crash_davis 23115

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4 minutes ago, Armybrat said:

Can you imagine them and hundreds of Mrs. Kravets?

And Swingers’ Night at the community clubhouse? Stuff of nightmares, even for me.

there's a reason why STI/STDs are on the rise with old folks.

https://health.usnews.com/health-care/patient-advice/articles/2018-12-10/what-to-know-about-rising-std-rates-among-seniors

Quote

Particularly among older adults, the climb in STD rates appears steeper. A recent analysis of patients on athenahealth's network found that patients over age 60 account for the biggest increase of in-office treatments for sexually transmitted infections. The report found that in adults over age 60 diagnosis rates for herpes simplex, gonorrhea, syphilis, hepatitis B, trichomoniasis and chlamydia rose 23 percent between 2014 and 2017. (HIV was not included in this analysis.) That's compared to an 11 percent increase among the entire population over age 13.

 

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SquishMitten

SquishMitten 10444

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2 hours ago, Cajun said:

There is no situation where I side with an HOA.  None.

Fuck all of them.

Neighbor of mine down here near Circle C just got a letter informing her she's being fined $2000 (yes, you read that right) for leaving her trash bin out past 5pm on pick up day.

Today I'm going around to photo document all the shit that they (the HOA) are required to take care of which they are not.  I will issue my own fines along with the name of an attorney to contact for questions.

Fuck 'em all.

#YourHuckleberry

Ooh, this sounds like fun. What neighborhood/HOA is she in? That may be the craziest set of CCRs I've ever reviewed. I'm intrigued. 

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Armybrat

Armybrat 40920

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13 minutes ago, crash_davis said:

there's a reason why STI/STDs are on the rise with old folks.

https://health.usnews.com/health-care/patient-advice/articles/2018-12-10/what-to-know-about-rising-std-rates-among-seniors

 

When my dad moved to a retirement apartment community at age 80, he had no problem with hooking up with the ladies. He was one of the very few unmarried men  in good enough shape to “party”.

One Christmas my brothers & I rented a limo to take him and a girlfriend to a big community party at a west Austin estate. When pick up time came, Dad escorted 4 women out to the limo. Lol

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Mrs Whiggins

Mrs Whiggins 13050

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2 hours ago, AUS-97HORN said:

yeah but lets be honest here folks, this isnt your average "all HOAs suck" issue.

Those 55+ communities have some really iron-clad verbage in their HOA agreement, The olds pay extra for the idea of not having to deal with kids on their lawn.

Its a terrible position for the kid to be in, and the HOA has to enforce their own rules or they get sued by the residents.

The only way i think they could have gotten around this was to have a vote for all the HOA members to ask for a single 1 time exception that expires the moment the kid either graduates HS, or turns 18, whichever is later.   But then again, their HOA bylaws might not allow for an exception vote.

 

Also, the article points out that the HOA will have given them almost 2 years to work out an alternate option, so its not like the kid is being kicked out right now.   they have until this school year ends to come up with an alternate place to stay

 

I know this wont be a popular post, and I expect to get negged because it sounds like I have no heart, but reading the article, it sounds like the HOA gave as much leeway as they could without being taken down by other members of the HOA.

 

I see your point, and if some of the other residents want to be that way, I guess they are going to be that way. However, the article says he moved in at the end of 2018 so IMO it is really more like one year. One year in which he has buried two parents (one who committed suicide) and then I have no idea who helped him get whatever he owned packed up and moved to Arizona. Enroll in school, etc. One year and try not to piss off the olds. Yeah it sucks and there could have been issues that went down that were not in the article, and while the HOA and its residents had/have no obligation whatsoever to this young man living in their 55+ community it is nice to know that they could have worked out something tenable until he was of majority/graduated hs in just another year or two. Perhaps the residents should pray he doesn't grow up to become an RN or other medical assistance technician in their area. I wouldn't blame him if he was a little resentful...

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Cajun

Cajun 11750

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7 minutes ago, SquishMitten said:

Ooh, this sounds like fun. What neighborhood/HOA is she in? That may be the craziest set of CCRs I've ever reviewed. I'm intrigued. 

She's not in Circle C, just near it.  Lives in the neighborhood directly behind the HEB on Slaughter and Escarpment.  I don't know the name of the neighborhood, however.  

I'll be rectifying that soon enough though.

I hate HOA's with a passion.  When I hear stuff like this I'm just like the 1:43 mark on...

 

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Nice Guy Eddie

Nice Guy Eddie 13528

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If they let the 15 year old live there, then the rule is invalid for everyone else too. The circumstances means nothing.  If the grandparents want their grandson to live with them, then why don't they go find a place where they can all live together.  Seems like they're taking their problem and making it everyone else's problem.  

The simple solution is to move out.

I live in a neighborhood where the HOA was selecting enforcing the rules.  Now the HOA is being sued left and right, and in bankruptcy proceedings. The HOA meetings are fun when 100s of home owners were involuntarily pulled into bankruptcy court as interested parties.  

Follow the rules, and if you don't like them, move somewhere else. Now I would hope the HOA (or whatever this officially is) could give some leeway but there would need to be a deadline.

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Cajun

Cajun 11750

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^^Funny to see all that stupid shit eat itself from the inside out.

I grew up in a neighborhood that had no HOA.  Zero. Nada.  

It was nice and people minded their own business.  Don't like that I left my trash bin in the street an hour past dark?

Move somewhere else.

Edited by Cajun
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Quagmire

Quagmire 2147

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There is no situation where I side with an HOA.  None.
Fuck all of them.
Neighbor of mine down here near Circle C just got a letter informing her she's being fined $2000 (yes, you read that right) for leaving her trash bin out past 5pm on pick up day.
Today I'm going around to photo document all the shit that they (the HOA) are required to take care of which they are not.  I will issue my own fines along with the name of an attorney to contact for questions.
Fuck 'em all.
#YourHuckleberry

5pm? Are supposed to take off work on trash day? Wtf
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kmac30

kmac30 416

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She's not in Circle C, just near it.  Lives in the neighborhood directly behind the HEB on Slaughter and Escarpment.  I don't know the name of the neighborhood, however.

Sounds like Villages at Western Oaks.

I know a couple, about 26/27 when they moved in, that bought a house in a 55 and up community when I was brand new. By mistake of the sales woman they bought in the wrong Phase of the development. After a year plus they got a letter saying they had to move. A year or so after that they came to an agreement to let them stay in their house as an exception.
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crash_davis

crash_davis 23115

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22 minutes ago, Nice Guy Eddie said:

If they let the 15 year old live there, then the rule is invalid for everyone else too. The circumstances means nothing.  If the grandparents want their grandson to live with them, then why don't they go find a place where they can all live together.  Seems like they're taking their problem and making it everyone else's problem.  

The simple solution is to move out.

I live in a neighborhood where the HOA was selecting enforcing the rules.  Now the HOA is being sued left and right, and in bankruptcy proceedings. The HOA meetings are fun when 100s of home owners were involuntarily pulled into bankruptcy court as interested parties.  

Follow the rules, and if you don't like them, move somewhere else. Now I would hope the HOA (or whatever this officially is) could give some leeway but there would need to be a deadline.

that's not being very nice, eddie.

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HouTex

HouTex 1894

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I've never studied this area of the law, but if an exception is made here, can the HOA be forced to make other exceptions later?  Can they still be arbitrary in allowing exceptions to the deed restrictions?  What if two kids move in next door because their parents have moved across the country and they want to stay in the same high school for two more years until they graduate so they move in the G-parents?  They are normal, decent kids who have a few parties on weekends, like we did, and they bang their basketballs until 11:00 p.m. or so many evenings.  I can get where old people, who have been there and done that with their own kids, or never had kids, don't want to be bothered with teens nearby.  That said, if I were a resident there, I'm hoping I wouldn't be a dick about it.

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BabaYaga

BabaYaga 15328

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14 minutes ago, Cajun said:

I don't know.  That's just the time my gf told me they stated in the letter to the woman they are attempting to fine.

Fucking stooopid.

"ErrrmahGAWD!  There's a trash bin visible!!!  The HUMANITY!!!!!!!"

I'm with you about 99% of the time on this - of course when I go to try and sell my house and live next to a cancer survivor (god bless every one of them) who decides to paint their entire house bright pink.  I might take umbrage with things at times.  

The HOA in Frisco (Stonebriar CC) made the headlines for fining a guy for having a "truck" parked in the front of his house after hours - the intent, was of course a work-truck or something that might bother people.  His was a fancy enough truck (daily driver)...and this being Texas.  He told them suck all the dicks, and it got ugly and made the national news (I think, local for sure).

Edited by BabaYaga
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NeverMarryAStripper

NeverMarryAStripper 21943

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HOAs are necessary because in general people are complete dicks, unreasonable about everything, and completely oblivious to the effect their actions have on everyone else.  HOAs are also evil institutions because people with the least bit of power become complete dicks and want to lord their little bit of power of everyone else in order to feel better about themselves.

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Native Horn

Native Horn 3516

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49 minutes ago, Armybrat said:

When my dad moved to a retirement apartment community at age 80, he had no problem with hooking up with the ladies. He was one of the very few unmarried men  in good enough shape to “party”.

One Christmas my brothers & I rented a limo to take him and a girlfriend to a big community party at a west Austin Waterloo estate. When pick up time came, Dad escorted 4 women out to the limo. Lol

Geography fix

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Yarbr

Yarbr 123

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1 hour ago, Armybrat said:

I have gotten three warning letters in 25years for leaving my garbage bin up by the corner of my garage a day after pick up. The letters even include a photo of the offending can. Said can always resides in a storage shed behind the privacy fence on the side of my house. Half the neighborhood keeps theirs parked 24/7/365 in full view on the side of their houses. 
Fuck the Brushy Creek HOA.

 

I mean, we pay $97 a year. It's not that bad.

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