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."
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