In 2019, both 15-year-old Collin Clabaugh’s parents passed away. He moved in with his grandparents in their senior living community, but the Homeowners Association wants him out.
HOA To Kick Out Orphaned Boy
Collin’s mother died in a California hospital after struggling with an illness. Two weeks after her death, Collin’s father died by suicide. Not long after, Collin moved to Prescott, Arizona to live with his grandparents, Melodie and Randy Passmore.
The Passmores brought him into their senior living community despite the are in the community that all residents must be 19 years and older. And they started receiving letters from the Homeowners Association. The Passmores appealed to the Association, but they received another letter demanding the Passmores comply with the regulations by June 2020.
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Age Restriction Deeds Block Orphaned Boy
The Gardens At Willow Creek community has age regulations in place, the Association says, to allow deed restricts. This prevents children from residing in the community and is upheld by The Housing For Older Persons Act. The Association says they have sympathy for the Passmores, but that while some residents in the community are not upset by Collin being there, others are. The Association says that these residents indicated they expect the Association to uphold the rules and will take action against the Association if it does not.
But they weren’t expecting these life events, Melodie Passmore said on Facebook. They just want their grandson to be with someone who loves him and not in foster care.
“We let them know all the circumstances, but they still are stuck to that rule. And I don’t think that’s the right thing to do morally,” Collin told the Arizona Republic. “If I was in that position, I wouldn’t say you have to get out because it’s the rule. I’d make an exception for anyone who needed an exception.”
But while some residents want him out, there are plenty who are in favor of Collin staying. Collin says he helped out around the community. He weeded and planted flowers for one neighbor, put up Christmas lights for another, and cleaned windows at the church with another, among other things. He knows many of them by their first names.
“The majority of people that know him, love him,” Melodie said.
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HOA Denies Extension
But the Association wants him out in whatever way that means. The letter from the Association’s lawyers stating that the Passmores must make other living arrangements for Collin by June 30, 2020. The Passmores requested an extension and exception, but it was denied.
The lawyer’s letter states, “Please understand the Association has no ill will toward the Passmores or Collin, nor is it trying to make a difficult family situation more difficult. The Board must balance the interests of all parties involved, not just the Passmores, but all of the other residents who purchased property in an age-restricted community expecting the age restrictions to be followed.” In order to comply, the Passmores would need to sell their home and move.
“I don’t want to have to leave because I know this is my grandparents‘ home and my home,” Collin said. Our thoughts go out to everyone affected by this unfortunate state of affairs.
Update:
*Article originally appeared at Healthy Holistic Living. Reposted with permission.