HOA wants to kick orphaned teen out of grandparents' house

[Floyd R. Turbo]

PHOENIX – An Arizona homeowners association is ordering a teenage boy whose parents died to leave his grandparents' house because of community age restrictions.

Collin Clabaugh, 15, has nowhere else to go, so grandparents Melodie and Randy Passmore said they may have to sell their house in Prescott, about 100 miles north of Phoenix, and move.

The Gardens & Courtyards at Willow Creek retirement community requires most residents to be over the age of 55. A lawyer for the association said the community could be sued if it allows Collin to stay.

The possibility of a move comes as the family is still grieving over the sudden deaths of Collin's parents, Passmore said.

https://www.usatoday.com/story/news/nation/2020/01/15/arizona-hoa-wants-kick-orphaned-teen-out-grandparents-house/4484393002/

[BuffaloJackalope]

1. HOAs are evil.

Small areas of cultivated fascism run by small-minded people.

[Throck]

4. For some people being on a HOA board is the highlight of their careers.

Pretty good for an unpaid job.

[Coventina]

8. + a million

I will NEVER live in an HOA ever again!

[lark]

11. We almost lost our house 40 years ago due to HOA asses.

When we moved across the country a year later, our major criteria was never to live in a house with HOA - period. It really limited where we could buy, but to have so much panic and chaos over $113 2 weeks late was so ridiculous that we just decided never again.

My daughter's house is part of a HOA, but they only pay $300/year and have a large park maintained with this money, and have had no hassles in 3 years. So I guess they are not all uniformly evil like ours was back in San Jose, but OTOH glad we don't have to deal.

[Zolorp]

2. This is why I avoid HOAs as if they were plague houses.

HOAs can be fine, but you are contractually obligated to abide by the private government set up in the contract.

And every HOA in the country is just one election of the board away from utter ruin for all home owners in the HOA. Being a completely private government, it is also the form of government those most affected by the actions of the board are also most likely to fail to participate.

I have always considered the most local government to be the most important to be involved with because that is the government most likely to have a profound effect on your life. Private government moreso than any city or county government

[Throck]

3. Let it go to court.

HOA's are micromanaing petty little pseudo governments. By time it makes it through the system the kid will be off to college. I live in a HOA neighborhood, they've been challenged and lost.

[Zolorp]

5. The real problem is, the HOA can continue to fine the couple throughout the court proceedings.

Failure to pay fines gives the HOA legal recourse to evict the couple and rent their home to recuperate the money.

Arizona has some pretty stringent laws propping up HOA powers due to the large number of retirement HOAs in the state, IIRC.

Other states curb the powers of HOAs fairly well.

It is 100% dependent upon state law, especially contract law because you enter into a binding contract when you purchase a home in a HOA.

That's why I live in the country. I don't want anybody telling me I can't keep bees or chickens or have a dozen cats roaming the property. I want to get some goats, and HOAs won't allow any of that. You even have to be careful in the country, too. There are HOAs out here that restrict you to specific animals with extreme limitations. The country HOAs around here allow horses and hens, but that's about it. No roosters, no goats, sheep, pigs. Lots of the horse HOAs refuse to allow donkeys and mules, too.

[Throck]

13. My HOA is a PIA

They attempt to enforce the rules on some and not all equally. Total anarchy. We had a well designed property improvement project approved and 50% of the way through construction they attempted to halt it and demand changes. The plans showed all the details. My wife ran them off the property, called the sheriff and wanted them arrested for trespassing. They haven't been back.

In another incident we were accused of not picking up after our dog. HOA member ran out of the house after my wife and pointed to a pile by the road. My wife proceeded to pull the warm bag up and offer to hand it to him. She pointed out our 90# puppy don't make little turds like he found. We have all kinds of wildlife from the wooded property next door, it could have been coyote, deer, fox, racoon..... She cracks up whenever this guy speaks at the board meetings.

I've heard about some of the AZ HOA tyranny, totally crazy.


I miss the days of open fields between the but don't maintenance. I feel like we sold our souls in downsizing.

[Zolorp]

14. I used to live in a HOA

My only recourse was to get on the board until I could get out because of the nonsense. As I said, every HOA is one election of the board away from total ruin for all residents.

[brush]

10. Yep, grandparents have a good case.

[dumbcat]

15. How so?

What would be their case that would obviate contract law?

[tazkcmo]

6. I'd move anyway.

Even if the HOA changes their mind.

[marybourg]

7. In order to retain its status

as an over-55 community, which gives it an exemption from the Fair Housing Act, it is required to have no residents under 19. HOA has no discretion.

[Coventina]

9. Such communities shouldn't be allowed to exist. n/t

[AllaN01Bear]

12. anywhere i can find this story without being told to turn off my adblocker ?