A child, a condo rule, a lawsuit

Pinellas County sues an unapologetic condo association

over its no-playing mandate.


 

Article Courtesy of  the St. Petersburg Times

By NORA KOCH
Saturday, September 25, 2004

TARPON SPRINGS - Little Steven Born couldn't go outside to toss a foam football, play hockey or float his toy boat on a pond.

 

Neighborhood rules, the condominium association said.

So midway through a childhood marked by playtime scoldings and indoor games, Steven and his family moved last year from Pine Ridge at Lake Tarpon Village I.

Now, while the 10-year-old pedals his bike through a new neighborhood,

Steven Born, 10, and his family moved to Palm Harbor after a dispute

with a condo association, which denies discriminating.

his playground battle rages on. Pinellas County commissioners voted this week to sue Pine Ridge for discrimination based on family status. Steven's parents, Mark and Kathy Born, also plan to file a separate suit in federal court.

"Their philosophy was children cause damage," Mark Born said in an interview at his new home in Palm Harbor. "They just didn't want him there."

The condo association, which denies the discrimination charges, says the no-playing mandate applies to everyone.

"All the rules that we have here, we have nothing that says children aren't allowed to do something," said condominium association president Mary Gamlin. "An adult couldn't do the same things."

The Borns filed a complaint with the county's Office of Human Rights in April 2003.

"We have been told that the only time that the children should be outside is to go from our house to the car, that the children were not allowed to play outside," the Borns wrote in the complaint.

When he did go outside, he had a two-way walkie talkie in case his parents needed to come "rescue him from grownups," said Kathy Born, 43.

An investigation by the Pinellas County Office of Human Rights concluded in July 2003 that Pine Ridge at Lake Tarpon Village I discriminated against the Borns based on their status as a family.

During the county's investigation, Pine Ridge representatives denied many of the Borns' allegations, including that children could only go outside from the condo to the car. The condo association turned down a county offer to settle the complaint by paying $5,000 to the county and $3,000 to the Borns and putting its staff through fair-housing training.

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