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Article Courtesy of The St. Petersburg Times By Drew Harwell Published January 6, 2010 CLEARWATER — When the health of Regina Eschenfelder's father began to weaken, she and her 5-year-old daughter, Nicole, spent nights helping her parents at their home in Pinellas Park. One problem — the Eschenfelders' neighborhood doesn't allow residents younger than 55. The Mainlands of Tamarac by the Gulf homeowners association sued the family in 2007.
Attorneys argue the association must abide by its provisions or risk losing the authority to do so. "The association's duty is to enforce the rules. They can't just decide not to," said Gary Schaaf, who represents the Mainlands. "If they don't enforce it in one case, they're not going to be able to enforce it in another case." Eschenfelder's attorney, her son Robert, argues that his sister stayed with their parents only to aid her ailing father. "The association had the duty, under the Fair Housing Act, to make that accommodation," he said. A judge denied a motion for summary judgment Monday. A hearing for the case is pending. Robert Whitfield, the Mainlands' property manager, declined comment. Eschenfelder said she will continue to support Nicole and Regina, who is trained as a certified nursing assistant, as she looks for work. No one has submitted offers to buy the home, which she bought in 1996 and listed at $115,000. Eschenfelder said she can no longer afford the monthly Mainlands payments and fears it may soon be foreclosed. "I'm just so over it," Eschenfelder said. "Why can't people just let things go?" |
