Video Courtesy of
Channel 9 -- ABC
-- Daytona Beach
Published August 18, 2010
A Winter Garden couple fears
their son will be arrested just because he is trying to live with his parents. They blame the same homeowners' association
that already adopted several controversial measures to deal with delinquent
9's Todd Ulrich found the association's latest HOA policy could mean
that you have to kick a son
or an elderly mother out of your own home.
Todd Ulrich: "Are you afraid somebody will arrest your son in this house?"
Answer: "Yes, I am!" Wilma Wright fears what the Stoneybrook West
Homeowners Association could do next.
She says this month the
HOA banned her 24-year old son from living with his parents. Wilma
says Gordon is a part-time masters’ student trying to save money.
Now the HOA was enforcing a year-old policy of only two adults, 21
or older, in each home. "I feel trapped; I feel like I can't
take care of my family."
Wilma says the security
manager told her if her son ignores the policy, the
HOA could ask the police to arrest him for
"It's like you have no rights at all."
Wrights admit that they are seriously behind in their dues and feel the ban is
But the HOA told Action 9 the policy
affects every homeowner who has options.
to the association, adult children must now
for permission to live with their parents, pass a criminal
background check, and meet certain requirements, such as being
disabled or a full-time college student.
asked, "Doesn't that seem extreme?"
Association attorney Jim Gustino answered, "No,
don't think so!" Gustino
said the policy was a response to increased crime
the HOA blamed on the foreclosure crisis and while
it may seem controversial (Gustino): "The
feedback that I’ve received to date is that most
folks that are considering purchasing a home in the
community perceive this to be a virtue."
Wilma said she applied to keep her son in their home, but he doesn't
qualify under their rules. "I have no idea why
we need to ask for permission to take care of my
many cities and HOAs have a two-adult limit, but that's usually
enforced to prevent owners from renting out rooms or having more
than one family in a single house.
have never imagined that there could be people in their right minds
being able to pass outrageous weird rules. But
Stoneybrook West, led by attorney Jim Gustino, is always able to top
the last outrageous rule with a rule that's even worse. Below
are the links to two stories that made Jim Gustino look really bad.
Even in front of a camera, now he is defending a rule that is about
as outrageous as it gets. Actually,
it contradicts basic rules of Private Property Rights 101. And
then he claims that homebuyers consider this rule a virtue? In
my opinion it kills property values -- or what little there is left.
your son -- over 21-- wants to move back into your home because he
needs to save money in order to continue his studies. Association
says: "CAN'T DO. Your son doesn't ‘qualify’ because he
is not a full-time student!"
your Dad passes away and you need to take care of your Mom, who is
elderly and shouldn't be alone, but isn't handicapped? Association
says: "CAN'T DO! Your Mom doesn't 'qualify', because she
isn't officially handicapped!"
am wondering why attorney Jim Gustino is willing to create and
defend such controversial rules.
Does he hope some owner finally will be fed up and take the
bait and fight these outrageous rules in court, creating a huge
lawsuit with many billing hours -- hopefully with appeals up to the
Supreme Court? Enough
billing hours to pay for his retirement? He
knows, if that happens, he will get paid -- WIN or LOSE!
my opinion, an attorney who defends such rules -- and even created
them -- should be disbarred for violating every humanitarian rule in
the book. Don't forget
that Jim Gustino was board president and association attorney
combined when the rule was created.
Maybe Gustino should be issued a license to practice law in
China, where human rights and private property rights are trampled
upon on a daily basis!
HOA Trying To Kick Resident Out
HOA Tacking On $4,000 Fee To Sold Homes