Article Courtesy of The Sun Sentinel

By Kathleen Kernicky

Published July 17, 2007

A young family can stay in their home at Hawaiian Gardens in Lauderdale Lakes while the state investigates an order from the condo board that they remove their two toddlers from the seniors-only community, an attorney with the Florida Attorney General's Office said Monday.

The office is looking into whether the Phase I Association at Hawaiian Gardens violated state law when it ordered the children out even though the family had written permission from the condo board to live there.

Christine and Nathan Clock, schoolteachers who own a two-bedroom apartment in the community, received a certified letter on July 3 from the Phase I Association giving them 10 days to move their children out of the over-55 community or face legal action.
Three years ago, the Clocks received written permission from their building's five-member board to live there with a child "as long as they wish." At the time that board, which represents only one of eight buildings in Phase I, included both of Christine Clock's parents.

In ordering the Clocks to move their kids, ages 1 and 3, the Phase I association cited a 1989 amendment to the condominium declaration that bans children under 18 from permanent residence.

On Monday, the couple met at their home with Shanika Graves of the Florida Attorney General's Office in Fort Lauderdale. Graves called the Clocks after reading about the dispute in the newspaper, said Nathan Clock, 27.

"We're looking into the matter," Graves said Monday. She declined further comment. But in a letter to the association board, the Attorney General's Office wrote: "We believe the association's action may violate the Fair Housing Act and related laws. While we are reviewing this matter, we request that the association refrain from taking further action against the Clocks."

Dennis Cory, president of the Phase I Association, said last week the board would not comment on the dispute. Calls to Cory and the association on Monday were not returned.

The Clocks welcomed the state investigation.

"We've both very relieved and excited for their help," Nathan Clock said. "To know they're working on your side to help you is a big relief. I don't know what their conclusion will be. At the very least, even if we are removed, at least we'll be given a reasonable amount of time."