The Minor Threat: Age-Restricted Communities Evicting Children | By Stefanos Chen | Posted Jan 6th 2012 6:00AM 141 Comments ? 7612740 At 6 months old, Kimberly Broffman faced eviction. It wasn't because her grandparents couldn't afford the home where she lived -- they were current on the mortgage. And it had nothing to do with her mother's run-ins with the law; she was welcome to stay, too. The only persona non grata was the infant, and she had to leave soon. The reason: Kimberly's grandparents -- and primary caregivers -- live in an age-restricted community, where minors are treated more often as vagrants than visitors. Judie and Jim Stottler (pictured above with Kimberly), who belong to the Lakes Homeowners Association in Clearwater, Fla., have been in and out of court to keep Kimberly in their home since she was 3 years old, though the community board first raised objections when Kimberly was just an infant. She's 8 today. The couple gained legal custody of Kimberly because her mother had a history of substance abuse. The father remains unknown. Without her grandparents, Kimberly would likely be placed in foster care. But when the community board discovered that the child was living year-round with her grandparents, they issued an ultimatum: Remove the child or sell the house within 18 months. "Throwing the child out would be throwing us out," Judie Stottler, 64, told AOL Real Estate. "People end up losing their homes because they won't lose their children." The Stottlers are hardly alone. As the economic downturn bears down on families, an increasing number of grandparents are stepping in to raise their grandchildren, and it's presenting a host of complicated issues, both legal and ethical, particularly when it comes to senior housing. A Major Problem With Minors At the Sun City Community Center near Tampa, Fla., one of the oldest age-restricted communities in the nation, the problem is growing. Ed Barnes, president of the board, said that he's discovered 10 cases in the past six months in which children were found to be living with relatives -- one of the most basic violations of age-restricted communities' bylaws. But Barnes doesn't relish the thought of kicking children to the curb. "Certainly the main reason is the economic downturn, coupled with personal tragedies," he said of the influx of youngsters. "People are getting divorced and have no alternative, no job, and have to find some place for the kids to live." With a national unemployment rate of nearly 9 percent and millions of Americans still struggling with upside-down mortgages, it's not surprising that there are more multigenerational households these days. Yet bending the rules for even one child could land an age-restricted community in hot water. Legal and Financial Consequences "Age restriction is a fundamental part of what makes up that community," said Michael Gelfand, a West Palm Beach-area attorney with experience in community association disputes. Putting aside residents' attitudes about young children, sheltering minors could put the community under serious financial duress. The Fair Housing Act, which forms the basis for anti-discrimination law in housing, was amended to include a "familial restriction" that essentially validates senior communities' right to prohibit minors from living there, Gelfand said. Up to 20 percent of residents in age-restricted communities can be under the set residency age, but these arrangements are largely used to accommodate adult children who inherit property. The rule is never used to accommodate minors, however, and if a community is found to exceed the 20 percent limit, or selectively enforces the rules, it could lose its exemption status. And that could cause a cascade of adverse effects. The perception is that "property values are going to plummet," said Rob Freedman, a Tampa-based attorney who's written covenants for several age-restricted communities in Florida. "Because now you have more people coming in ... and because senior citizens are not going to want to live in a community that has kids around." Moreover, senior communities aren't equipped for children, Freedman said. Swimming pools and other adult facilities will have to be reinsured; lightly used roadways will take a pounding as younger residents move in, creating safety hazards for golf cart-reliant seniors and increased taxes for residents; and mortgage lenders will likely be forced to revise their valuation of the community, making it harder for borrowers to change terms. For seniors on a fixed income, any number of these changes could lead to hardship. The median listing price in Sun City is $104,950 as of November, which is down 4.5 percent from last year, according to Realtor.com data. In comparison, the national median list price was $189,900. U.S. Census data shows that 5.8 million children under the age of 18 live in grandparent-headed households as of the last decennial survey, up from 4.5 million a decade ago. And while residents in age-restricted communities make up just under a million owner-occupied households in America, according to the National Association of Home Builders, economic hardships are bringing more of these eviction cases to the surface. A Slippery Slope The problem isn't entirely new. Take for instance the cautionary tale of Youngtown, Ariz., credited as the first age-restricted community in the nation. In 1996, 16-year-old Chaz Cope moved in with his grandparents in the senior community to escape his abusive stepfather. Cope's grandparents petitioned the association to allow the teenager to stay with them until he finished high school, but the board bristled. Chaz Cope"It was scary. I didn't have nowhere else to go and I definitely wasn't going back to that abusive household," Cope, now 31, told AOL Real Estate. (He's pictured left with his 4-year-old daughter.) But when the story garnered mainstream attention, the Arizona attorney general's office ordered a stay on Cope's eviction and initiated a 10-month investigation of the community. It turned out that the town had improperly sought its age-restricted status and the town lost its exemption altogether, allowing Cope -- and anyone else inclined to live among a majority of seniors -- to move into the community. "I made it so anybody could live in that community," Cope said, with a measure of pride. Kids in the Shadows Cope's story is a sobering example of what's at stake for 55-and-up communities that discover children in their midst. In Sun City Community Center, president Barnes said that he's seen more stowaways lately, but that the problem still only affects a small portion of the 10,000-plus population. But AOL Real Estate spoke to residents who claim that there are many children who remain hidden. "Oh my goodness -- shock-o, shock-o," one resident quipped when informed of the recent discoveries. The homeowner, who asked not to be identified, said that she's seen several children peeking out from behind screen doors in the seven years she's lived at Sun City. The reasons they live in the shadows are clear to Judie Stottler, whose 8-year-old grandchild has been at the center of controversy since she was an infant. Kimberly BroffmanThe family has been battling to keep Kimberly since before she could crawl, but has had the services of attorney Rob Eckard for the past 5 years. Eckard, who first read about the Stottlers' case in the local press, came on to defend the family pro bono. "People who can't afford attorneys end up losing their home because they won't lose their children," Stottler said. Before they had legal representation, the family signed an agreement stating that they would move out of the home within 18 months. "We thought we'd have to sign or we'd be thrown out right then." But when the housing market went belly up, they were left with little hope of selling. The home was first listed in 2006 for $250,000, Stottler said -- now it's priced at $89,000. Stottler works at a local assisted living home and supports the family entirely on her income. Her husband, Jim, is disabled. She expects to retire this February. To make matters worse, the community board president, whom the family had dealt with, recently died, leaving their lawyer with the arduous task of restarting negotiations. But there's hope for them yet. Because the family was granted custody of Kimberly during a separate hearing, Eckard said, there may be grounds for setting up a temporary zoning variance that would allow the Stottlers to keep their home, as well as their granddaughter. A Case for Revision The problem with these cases, even when the children are granted admission to the community, is that they're won on technicalities, said Shelley Cutts, a Tempe, Ariz., attorney who studied the Cope case. State attorneys general sometimes intervene in these cases, "but never have to answer the tough questions," she said -- namely, revising the laws to include a hardship exemption for families with no other options. For the time being, however, families like the Stottlers face uphill battles in court, where their best defense is to find flaws in their community's bylaws. As of Wednesday, Eckard, the family's attorney, said the association was very close to reaching a deal with the Stottlers to allow Kimberly to stay on a temporary zoning exemption. The proposal was very careful to maintain the community's age restricted status, he says -- the offer would only be extended to Kimberly, and no other children found in the community. As of this writing, the community association's attorney has yet to respond to calls regarding the case. Eckard says he's already been approached by another resident in the Lakes subdivision who is sheltering a minor and fears community reprisal. "There's people in that community just one event away from being in their shoes," he said. Until a policy is reached that both maintains age-restricted enforcement and considers extreme family hardship, residents within these communities will continue to have to choose between keeping their homes and housing their kin. But Stottler said she already knows where she stands. "Your child is going to come first. That's just the way it is." Special thanks to Professor Judith Trolander, whose insights helped inform this article. Also see: Housing Market Unprepared for Aging Gay Community Survey: Most Boomers Would Cover Kids' Down Payment Gallery: Ten Fastest Graying Cities in America Portland-Vancouver-Beaverton, OR-WAHouston-Sugarland-Baytown, TXRiverside-San Bernardino-Ontario, CAAlbuquerque, NMMadison, WI More on AOL Real Estate: Find out how to calculate mortgage payments. Find homes for sale in your area. Find foreclosures in your area. Find homes for rent in your area. See celebrity real estate Filed under: News Tags: age-qualified communities, age-restricted, chaz cope, clearwater florida, judie stottler, kimberly broffman, lakes homeowners association, senior communities, sun city community center, youngtown arizona 7612740 Reader Comments (141) by Cory - January 5th 2012 @ 5:56PM While I have sympathy for these grandkids, people move to adult-only housing expect the safety of adult-only housing. Many of these grandkids from dysfunctional families have substance abuse problems themselves. This leads to drug-related crime in the building or next door. A 16 year old is still a child but may have already been arrested dozens of times. I don't blame communities for enforcing the rules. Reply | Report by sammy - January 6th 2012 @ 2:13PM This exactly the reason we will never live anywhere there is a HOA. If our grandchildren were at risk, we would be there for them anyway we could...including giving them a home. So no condos, no age restricted neighborhoods, for us! | Report by Holly - January 6th 2012 @ 3:09PM Before moving into an age restricted community, people should seriously consider if there would ever be a circumstance that could arise where they would want a child to live with them. If there is, then don't move into that community and expect them to exempt you from the rules. These stories are written to make the age-restricted communities seem cold-hearted but they're not. These communities exist because some older people don't want to contend with children. What the people who want the community to make an exception for them are actually saying is I don't want to live around any children but those who matter to me. If an apartment doesn't allow pets, people with animals know they won't be welcome. If an HOA restricts what color your house can be painted, you don't expect them to let you paint it fuschia. If you don't want to live with restrictions, don't move somewhere where restrictions will apply. | Report by ED - January 6th 2012 @ 3:31PM BS | Report by Terry - January 6th 2012 @ 5:12PM I wonder what your viewpoint would be if it were your grandchild in such a situation. | Report by mojo - January 6th 2012 @ 5:53PM You closed minded, bigotted person! Shame on you for your broad paint-brush characterization of people who unfortunately are born into dysfunctional families. There is no gene that automatically makes them dysfunctional. What makes them dysfunctional is people who don't accept them for what they are and see that there is always hope for a child to succeed. The story/movie of "Fish" comes to mind. | Report by GB - January 6th 2012 @ 7:31PM Rules are rules. I live in FL and pets and kids are allowed in my condo. It't the rug rats that cause all the noise, destruction and rukkus. If I was to move into an adult community, I would expect no kids. That is what I am paying for and deserve! These people can just MOVE if they want to keep the kiddys around and they can rent out their joint (in the adult community). | Report by ENRIQUE - January 6th 2012 @ 7:53PM DID TED BUNDY GREW UP IN A DISFUNTIONAL FAMILY? | Report by Sue - January 7th 2012 @ 8:50AM Yes many chidren come from dysfunctional families but that does not mean that the child is dysfunctional. I live in a small town where the elderly and all the residents come together to help one another and though there are senior housing available,many of the elderly have their family living with them peacefully. How ignorant of you to think that every family that faces hard times is dysfunctional or the childrn are trouble makers. I respect the grandparents that are willing to stand up for family values. | Report by Karen - January 8th 2012 @ 10:50AM Exactly. If they want to keep their grandchild,then they need to respect the rules.THEY moved there because it was age-restricted. I wonder how they would feel if someone else had children where they expected all adults? They knew the rules when they moved in. I think it is laudable that they are raising the grandchild,but they can't have their cake and eat it too. They need to sell and move somewhere unrestricted. There was a REASON they moved there in the first place...to be in an all-adult community. THEY didn't want children around,so I think it is hypocritical of them to expect an exception to the rules for them alone. | Report by Nick - January 5th 2012 @ 10:45PM What if you are over 55 and have your own biological child who is 2 years old? Reply | Report by ed - January 6th 2012 @ 1:01PM You find someplace else to live. | Report by Joanne - January 6th 2012 @ 4:15PM Then you are a man and have a young wife. How did you sneak her into that place? | Report by Angela - January 6th 2012 @ 5:48PM Wow....now THAT is a stretch!! | Report by Carol - January 6th 2012 @ 6:56PM If you have a child at age 55 (or 53) then, MOVE! There is a valid reason why older folks don't want to live around small children and one of them is health related. Many seniors have terminal or life altering ailments and do not necessarily want snot-nosed disease carriers living so close where they may have to perhaps have to share a laundry area or common area not to mention, by the time senior citizens retire after working a long life and paying taxes and having raised their families they deserve a life of peace and quiet in a community of their peers, not 5 year olds. If your circumstances mean there will be a child living with you even part time....then have the descency to move to a condo where "age" doesn't matter. Thanks for letting me have my say.....I remain ..."A Loving Grandma" from Ohio. | Report by Medusa - January 6th 2012 @ 7:23PM If you are likely to have children, don't move into an age restricted community. I am elderly and I do NOT live in an age restricted community but I have often thought I would love to buy a house in one. Elderly people have the problems of elderly people: a tendency toward afternoon naps, canes or walkers or wheelchairs that don't deal well with bicycles, tricycles or skateboards, and fragile bones that cannot stand up to collision with running children or thrown balls. I have trouble walking and I have several times been nearly run down by skateboards and bicycles. This is a situation that is devastating to the grandparents. But, on the other hand, children running freely through the community can be devastating to the residents who paid a premium for a safe environment in their old age. I don't know what the solution is. Perhaps the Association should consider buying the home at a fair market price and holding it for sale while the grandparents move to a multigenerational community? If the residents can jointly shoulder the financial burden? | Report by dot - January 6th 2012 @ 8:11PM Then you have to move out. | Report by Sue - January 5th 2012 @ 11:27PM I am waiting until I am old enough to move into a senior housing development. I want what they offer. I don't want the problems that come with children of walking age thru teenager. And most times, if the kid is now living with a grandparent, the kid has issues. I am tired of being awoken in the middle of the night to my neighbor's teen age kids out on the porch playing music and talking. I was glad when the neighbor on the other side moved away with her 3 middle school kids. Amazing, the vandilism has stopped since she left. I understand circumstances creating bad situations. But is a whole community to suffer? It is a difficult situation for all parties concerned. The family presented her has had the kid for 7-8 years. Long before the housing crisis and property value decline. Reply | Report by Ed - January 5th 2012 @ 3:59PM People sign a contract and then are upset when the other party tries to enforce it. Reply | Report by Bryan - January 6th 2012 @ 7:22PM People cant help dieing. Your grandchild's parent die and you should be left to choose the child or your home. Well better make sure all your kin is dead before you move into one of these naber hoods. | Report 141 Comments / 8 Pages | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 141 Comments / 8 Pages Most Recent | Next 20 Comments Add Your Comments * New Users * Returning * AIM First time? A confirmation email will be sent to you after submitting. If you don't receive a confirmation email, please check your spam folder or add "blogsmith.com" to your address book. Name Email Members enter your username and password. 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