Article
Courtesy of The Sun Sentinel By Kathleen
Kernicky
Published July 13, 2007
LAUDERDALE LAKES - The
certified letter was traumatizing. Public school teachers Christine and
Nathan Clock had 10 days to find a new home for their two children or face
legal action.
The Clocks were incredulous. Three years ago, the condo board at Hawaiian
Gardens Phase 1 gave them written permission to live in the senior
community. Christine was seven months pregnant at the time.
But last week came the letter from an officer of the Phase I association,
citing a 1989 amendment to the condominium declaration banning children
under 18 from permanent residence.
"Ten days? What are
we supposed to do with them?" asked Christine Clock,
28, who bought the first-floor, two-bedroom apartment with
her husband in 2004."To find a place in a safe
neighborhood in our price range is hard enough. We don't
have another option."
Dennis Cory, president of the Phase I association, would say
only, "What you're talking about here are legal issues.
On behalf of the board, we have no comment." He refused
to identify the association's attorney.
The Clocks have filed a discrimination complaint with the
Broward County Office of Equal Opportunity, saying the rule
banning children has not been uniformly enforced.
"We acted in good faith," said Nathan Clock, 27.
"They knew three years ago we had a child on the way.
We spelled it out for everyone." |
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TROUBLE
AT HOME?
Christine Clock, a resident of the Hawaiian Gardens Phase 1 senior
community, plays with her children Jeremy, 1, and Brianna, 3, with
grandmother, Janice Nuzzolillo, close by. The Clock's condo board says
the children have to go. |
Bill
Raphan, the state's assistant condominium ombudsman, said the office
receives about one case a week involving disputes over minor children
residing in over-55 communities. That number is likely to increase as
younger people and families look for affordable housing in Florida
communities that catered to seniors in the past, he said.
"You
must read the rules and regulations and understand what you're buying,"
Raphan said. However, "to give somebody 10 days notice to get rid of a
child … is a little absurd."
Attorney Gary Poliakoff, an expert in condominium law, agrees. "We're
seeing that transformation taking place as the seniors pass away and young
people move in, primarily because some of the older-community housing is
more affordable. The heirs to the seniors are not really interested in
moving in. They're selling these units off."
Often, when a condominium board starts enforcing such a rule, current
residents are allowed to stay.
"It's on a case-by-case basis," Raphan said. "It will come
back to the condominium documents. This is very muddy water here. An
important issue here is, you can't selectively enforce this."
The Clocks moved from Connecticut into the 288-unit Phase I section of
Hawaiian Gardens just east of Florida's Turnpike at Oakland Park Boulevardin
2001. They wanted to be close to Christine's parents, who live in the same
building. The couple bought a one-bedroom unit first. They sold it and
bought a two-bedroom, two-bath apartment for less than $100,000 when
Christine became pregnant.
They received written permission to live there with their child "as
long as they wish" from their building's five-member board, which at
the time included both of Christine's parents.
"No one has ever complained about the kids," said Christine.
Living on teachers' salaries, with college loans to repay, the couple are
worried they won't be able to find an affordable home or sell their condo.
In order to ban children under 18, senior communities must comply with
federal and state law that requires a census showing at least one person 55
or older resides in at least 80 percent of the occupied units. Beyond those
requirements, rules on who may stay and for how long vary according to a
condominium's documents.
Blane Carneal, a Fort Lauderdale attorney not involved in the Clock case,
said it is doubtful the association could force the children to leave with
10 days notice.
"I don't think any judge in the world would force them out in 10
days," he said. "You couldn't foreclose on a house in 10 days. You
can't evict a tenant in 10 days."
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