Article Courtesy of The St. Petersburg Times

By EILEEN SCHULTE

Published April 5, 2007

A couple who face losing their home because they are caring for their 3 1/2-year-old granddaughter in a 55-and-older neighborhood has received national attention and the assistance of a volunteer lawyer.

But neighbors and an attorney for the Lakes Homeowners Association I say they are not singling out Judie and Jimmy Stottler.

To the contrary, the homeowners association is suing two other families as well, and each lawsuit cites a common cause: Allowing children to live in the adults-only neighborhood.

A month ago, the homeowners association sued the Stottlers in Pinellas-Pasco Circuit Court for allowing their granddaughter, Kimberly, to live with them after her mother left her in their care three years ago.

About the same time, the association also sued Thuydang "Danny" Nguyen and Kelly Weese.

All three families have put their homes up for sale. But they say because of the sluggish real estate market, no one has expressed any interest in buying them.

If the residents don't move soon, the homeowners association could levy fines against them and they could lose their houses.

Monique Parker, an attorney for the Lakes, said the homeowners association is not trying to be unsympathetic. The Lakes, which is just east of U.S. 19 and 49th Street, is a neighborhood for residents 55 and older.

"There are other homeowners in the community who have an expectation that the rules will be enforced," Parker said. "The homeowners association is caught in the middle."

In a 55-plus neighborhood, 80 percent of the community must be households in which one member of is 55 or older, said Oliver Melvin, compliance manager for the Pinellas County Office of Human Rights. Children 18 and under can visit, but they cannot spend more than 60 days per year in the community.

The Stottlers took custody of Kimberly when she was 6 months old. Her mother, Melanie Broffman, 30, who has an arrest record for drug offenses and fighting with boyfriends, told the Times she has a drug problem and "personal issues."

The Stottlers are being represented by Palm Harbor attorney Robert Eckard, who took the case for free.

On Wednesday, he filed a response asking the court to dismiss the claim or amend the original mediation agreement Judie Stottler signed.

"The person not represented in this case is Kimberly," Eckard said. "The homeowners association is saying, 'You can stay, Grandma and Grandpa, but get rid of the kid.' Kimberly has rights. She should have a voice."

* * *

The families being sued say they have been caught between the homeowners association on one side and the listless real estate market on the other.

Fifteen years ago, when she was 12, Tracey Thuy Nguyen and her parents, Danny Nguyen and Anna Nguyen Truong, now 67 and 60, respectively, came to the United States from Vietnam.

Last year, Thuy Nguyen, now 27 and a manicurist, bought her parents a small retirement house on Huron Lane in the Lakes. She moved in with them, and six months ago, gave birth to a baby girl, Mia, who also lives at the house.

She said that when she became pregnant, she talked to the neighborhood association and let it know. She said its representatives told her to put her house up for sale, which her father did, but he has gotten no offers. It's listed for about $165,000.

Thuy Nguyen said her five brothers and sisters and her niece visit often, and the constant coming and going of people irritates the neighbors.

The neighborhood association started sending the family written warnings.

"They want a list of everybody who lives there and who comes to visit and when they come," Thuy Nguyen said. "That's ridiculous. How do I know when my sister or brother will visit?"

She said her parents, both of whom speak almost no English, are confused about the lawsuit.

"My dad says, 'Is it wrong for my children to visit?' " Thuy Nguyen said.

Among other things, the suit contends that the Nguyens have allowed the home to be used for "transient or hotel purposes." Thuy Nguyen denies that the family has done business out of the home.

She also said the family had to give away its puppy because the neighbors complained.

The family no longer wants to live at the Lakes. She said they are hurt because residents point at them.

"I thought this was a freedom country," Thuy Nguyen said. "I guess I was wrong."

* * *

When Kelly Weese's mother died three years ago, Weese, his brother and his sister inherited her house in the Lakes.

Weese, 43, a former Army combat engineer who suffered a broken pelvis and knee injuries while serving in the military, has lived at the house off and on for the past two decades.

"I thought I was grandfathered in," Weese said.

He said that last year, a water main broke at his sister's house, forcing his sister and his 16-year-old niece to move in with him.

They lived at the Lakes for about eight months and have since moved out, he said.

Still, the homeowners association filed suit in February, alleging that he had violated the 55-and-older restriction.

Weese has had his house on the market for about $199,000 for the past four months, but like the other families in the Lakes, there has been "no interest," Weese said.

Because of his injuries, Weese said, he's in pain all the time. Recently, he got a housekeeping job at the Bay Pines VA Medical Center, but "doesn't have any money" to fight the homeowners association.

He said he is scared of losing his house and thinks the reasoning is absurd.

"I guess you can't take care of family around here," Weese said.

* * *

Since a report in Sunday's Times, the Stottlers' dilemma has drawn widespread media attention, including from the Today show.

Meanwhile, neighbors at the Lakes said they resent being portrayed as child-haters.

"I love children," said Evelyn Ramm, 86. "I have two great-grandchildren who visit, but they don't live here."

Jean and Frank Rado said in the three years the Stottlers have been warned to get out of the neighborhood, they have not tried to attract buyers to their house on Great Lakes Drive N. They just stuck a For Sale sign in the yard and kept the house in disarray.

"The sign's faded away," Frank Rado said. "It's been out there forever."

If anything, residents said this week, the Stottlers have proved to be difficult neighbors.

According to the Pinellas Park Police Department, officers have been called to the address at least 22 times since 2002, when the Stottlers moved in. Most of the time, the police were called regarding domestic disturbances, according to police records.

"They've been nothing but trouble since they moved in here," said Jean Rado, who has lived next door to the couple for five years. "They have the nerve to blame this community for their troubles when they've had three years to get out."

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