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Grandparents sued for keeping girl

Their 55-plus community forbids permanent residents under age 18.

By EILEEN SCHULTE
Published April 1, 2007


Judie and Jimmy Stottler say they are trying to sell their home but vow not to give up their granddaughter Kimberly Broffman to stay in the Lakes.
photo
[Times photo: Bill Serne]
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LARGO - Kimberly Broffman is a vivacious red-haired thrill seeker who loves to watch NASCAR on TV.

But at 3-1/2 years old, the only vehicle Kimberly operates is her Big Wheel.

Her grandparents don't dare let her cruise it down the quiet streets of the Lakes subdivision, off 49th Street near U.S. 19.

That's because the neighborhood association is aware that Kimberly is living in the 55-plus community and has filed a lawsuit to force the child out.

Kimberly lives with her grandparents, Judie and Jimmy Stottler, on Great Lakes Drive N. Jimmy Stottler is disabled and receives no disability pay. Judie Stottler, 59, is the family's sole wage earner.

A dishwasher at an assisted living facility, her annual income is about $18,000, she said.

She and her husband understand the Lakes has rules prohibiting permanent residents younger than 18. The child, her daughter's daughter, has lived with them for three years.

Soon after they took in Kimberly, the association objected. In April 2005, Judie Stottler signed a mediation agreement saying her family would comply with the Lakes' rules by Oct. 1, 2006.

The Stottlers' plan was to give Kimberly back to her mother, but her mother took off, said Judie Stottler. They decided to try to move and take Kimberly with them.

They initially priced their two-bedroom home at $189,000 but had no serious interest. Six months ago, they dropped the price by $10,000. Still no takers.

"We just want a chance to sell our house for a decent price, so we can afford to move," Judie Stottler said.

But a month ago, the Lakes sued her.

The Stottlers took custody of Kimberly when she was 6 months old. Her mother, Melanie Broffman, was a doting single mom during the first few months of Kimberly's life.

But then Broffman, who has an arrest record for drug offenses and fighting with boyfriends, slipped.

Broffman, 30, told the St. Petersburg Times she has a drug problem and "personal issues." She has two older children who live with other relatives.

Now that the Stottlers have cared for Kimberly for three years, they no longer allow Broffman into their home, Judie Stottler said.

Despite that, Broffman is rooting for her parents in their fight with the Lakes. "I think it's crap that they are kicking them out," said Broffman. "Kimberly doesn't cause any problems. They have no respect for my parents."

Stottler said she and her husband adore Kimberly and enjoy taking her to the park.

She is a happy child, Stottler said, who loves playing with dolls she calls her "babies."

On work days, Stottler drops off Kimberly at day care at 8:30 a.m., then goes to her job, where she makes $8.80 an hour. She picks up Kimberly at 6 p.m.

Her husband has liver disease and heart problems, among other health conditions, and cannot work.

Stottler said she inherited her house at the Lakes four years ago from her parents.

Stottler refuses to put the girl in foster care just to get the homeowners association off her back. She wants to keep her.

"I am not going to get rid of Kimberly to stay in this house," she said.

The homeowners association has hired lawyer Bennett L. Rabin to fight the Stottlers. Rabin declined to comment.

So did homeowners association president Everett Conger, who lives near the Stottlers on Superior Lane.

"I'm not going to discuss this with you," he said.

"This is going to be decided by the courts," he said before hanging up.

Judie Stottler's friends are worried.

"It is so ridiculous that this has gone so far," said Keith Tinsley, a cook at the Freedom Inn at Bay Pines, where both work. "She's trying her best to sell her house. It's like they are trying to force her to put Kimberly in foster care.

"These people keep batting her down and batting her down. They're just mean."

Stottler said she can't afford an attorney and doesn't know how a judge would rule.

She said she is terrified of losing her house before she can sell it.

"We don't have any family to take us in," she said.

Times researcher Caryn Baird contributed to this report. Eileen Schulte can be reached at (727) 445-4153 or schulte@sptimes.com.

[Last modified April 1, 2007, 11:48:48]


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Comments on this article
by wild 04/10/07 10:01 AM
sueg,I sure wouldn't want you making the decision to pull the plug on me or anyone else for that matter.Most likely you "THINK" to much and "FEEL" too little.
by Daisy 04/08/07 12:49 PM
"How much of a burden could a 3 yr old be on a neighborhood?" Probably written by a mommy who's learned how to tune out her little darling's 200 db screeches.
by Sueg 04/07/07 09:46 AM
Too much feeling and not enough thinking. This is a child-free complex. So, the child should stay and the REST of the homeowners have to sell to get what they paid for in the first place? Yeesh!
by carole 04/06/07 02:37 PM
Nope, according to the attornies I know FLA state law is on the side of the HOA. Custodial interfereance is when someone physically takes the kid away in defience of the court's order.
by Sue 04/06/07 08:15 AM
Isn't the Homeowner's Association commiting something akin to "Interference with Child Custody" and if so, wouldn't their "rules" be violation of state law? (of course, I'm not a lawyer, nor do I know the law where they live, just a thought)
by Beth 04/05/07 08:25 PM
How much of a burden could a 3 yr old be on a neighborhood? Let these good people have the time they need to sell their home at a fair price. These cruel neighbors surely never had to face problems to be so mean to these good people. Shame on them!
by Lani 04/05/07 07:10 PM
It's just heartless what that HOA is trying to do. What's happened to compassion and tolerance? How selfish and miserly do you have to be to put yourself above the plight of a child?
by mee 04/05/07 05:21 PM
Hello people! They had THREE YEARS. 3 YEARS!- to figure to out to do. Instead they chose to sit on their bums and wait until the last minute to do something. AT this point, in desperation - they decide to utilize their story into the media.
by Alan 04/05/07 05:15 PM
I feel so sorry for the little child and her grandparents. They must have a lot of cruel neighbors.
by Tim 04/05/07 04:51 PM
What is wrong with this country Land of the free, home of the brave. This is shear Communism at it's best. They pay taxes on this property they have a RIGHT to live where they want. If the association wants them out then they should buy the house.
by Melissa 04/05/07 04:46 PM
I'm shocked to learn that there is a whole community of grandparents(most likely) that are wanting to kick this CHILD out. It absolutely breaks my heart. I wish them all the best of luck and I will say a prayer for them.
by Denise 04/05/07 04:14 PM
vicki...what do you know of honor? Is it more honorable to take in a child who needs you or to maintain your comfy existence in a neighborhood of cold hearted fools? They are risking everything for the love of their grandchild. What would u do?
by Denise 04/05/07 04:10 PM
Humanity hits an all-time low. Do people really exist who would kick a family out of their home because they agreed to take in their infant granddaughter when her drug addicted mother wouldnò019t care for her. God will surely repay them tenfold.
by J 04/05/07 04:02 PM
Foster care is what's wrong with a lot of our children today. It's wonderful that they're trying to save their granddaughter from a horrible life...shame, shame, shame on the HOA!Everyone can get between a rock and a hard place...have some compassion
by Daycha 04/05/07 02:07 PM
Why would you put a 5 year old out on the streets?! She's a toddler! That is utterly disturbing to me. She is going to be placed in foster care because of a small regulation.However, there are bigger problems...everyone go change a lightbulb!
by kc 04/05/07 01:41 PM
I agree that they need to move. As indicated above - they have had THREE years to figure something out. This is inexcusable and going to the Media for sympathy is just patethic.
by writtensaga 04/05/07 01:30 PM
Man HOA's are as bad as far left wing hate groups. It is not about breaking the rules, HOA's can be great, but more often they are neonazi type organizations!
by Val 04/05/07 01:24 PM
I can see both sides of this story. However, to recommend the child be put into foster care? Do they even get what that implies? That's just cold-hearted. Yes, they broke the rules, but they're doing the right thing. Family first.
by Donna 04/05/07 01:23 PM
If they want her gone so bad, they should have to buy their house so they can move. And it should be a fair price. Otherwise they should just wait for them to sell. Get a heart!
by Kate 04/05/07 10:31 AM
I saw this story yesterday; it is breaking my heart.Hopefully this family will win out and they will not need to place the child in foster care. HOA should be ashamed and dammed to hell
by Vicki 04/05/07 01:54 AM
If you have a house in this type of environment you know the rules. These people have had 3 years to do the honorable thing. They didn't. Now they are crying to the media. They've had their 15 minutes of fame. Enough already.
by Star 04/04/07 07:34 PM
As always, breaking the rules is allowed, supported and applauded. I'm moving from my "family friendly" sub-division to one that is "not designed for children" - I'm paying a premiumm for the HOA to ENFORCE the rules. They should move, times up.
by NevelC 04/04/07 02:21 PM
The rules are the rules. If I had paid for a legally childfree community, I would certainly have the right to not have this kid living there in clear violation of the HOA agreement. The others paid for some peace and quiet.
by Dinna 04/04/07 12:40 PM
LEAVE THE CHILD ALONE - with people that love her and can take good care of her. What is a neighborhood association tried to state that only 55 and YOUNGER were allowed, can you imagine the suits and uproar this would cause.
by andi 04/04/07 12:18 PM
Fair housing laws don't apply one- housing for the elderly is allowed and in order to qualify for exemptions this child would have to have been there before sept 13 1998.
by Cathy Womack 04/04/07 10:21 AM
I saw the story on the TODAY SHOW this morning. I believe the rules this homeowners association is imposing on these people violates the Federal Fair Housing law that protects families with children. The exclusion for over 55 says 80% of population
by DEE 04/04/07 06:59 AM
I feel for the stottlers,but these rules were agreed to by all they have a right to be in a child free comm,they paid for this in advance and its not fair to blame them for that,its not there fault this mother is a drug addict.good luck to all
by gones 04/04/07 01:09 AM
George and Ms. C should make a u-ey they missed the point. Anyone making 18000 a year can't consider an inheritance a windfall and since when is "caring for" worshiping and not relinquishing your grandchild to foster care "coddling"?!?
by Dee 04/04/07 12:21 AM
They chose to sign the HOA contract. They've been stalling for 3 years. It's not fair to the other residents who deserve peace and quiet. Where do you draw the line? Other people have rights, too. Bless them, but they need to honor their contract.
by Alice 04/03/07 11:21 PM
I would have a LARGE cookout on weekends, cars everywhere. Paint house an awful color. Cook something really smelly on the grill often. Give them something to complain about. Sit at entrance with sign. Invite the homeless to stay in your yard!
by Mrs. K 04/03/07 09:12 PM
The Stottler's daughter needs to shut up and grow up. The child is hers, not theirs; her immaturity, not the home association covenants, is the cause of the problem. Her own childish behavior is putting her parents' lifestyle at risk. Shame on her!
by Julie 04/03/07 09:06 PM
Rules are rules; if the Stottlers didn't agree, they should have priced the house for the market and sold it when they inherited. Adults move to "adult" communities to escape the noise and aggravation of kids. Let the neighbors have their peace!
by Ann 04/03/07 07:26 PM
This is a prime example as to why I would never buy into a housing assoc. The rules are retarded because of the people that drafted them. They tell you how many trees you can plant,what kind of roof you can have,what color your house has to be.Absurd
by Ann 04/03/07 06:56 PM
Shame on the HOA this is a 3 1/2 year old child.God Bless her grandparents that they are standing up for her.I guess every member of the HOA is above everyone else and would be the first to throw the stone. What comes around goes around.Seeya in hell
by karen 04/03/07 05:01 PM
Does anyone have a website address for this HOA? They need to allow this family time to sell their home. I truly believe in what comes around goes around.
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