‘Heartless.’ Orphan teen living with his grandparents must move out, Arizona HOA says

After his mother died and his father killed himself two weeks later, Collin Clabaugh moved in with his grandparents at their home in an Arizona senior living community, KTVK reported.

Now a homeowners association says the 15-year-old must leave because of a rule banning children and teenagers from the over-55 community in Prescott, according to KNXV.

“It just seems so heartless that even though we’ve explained our whole situation, it has to be the rule that dictates everything, it can’t be someone’s life,” Collin said, KTVK reported.

“We didn’t plan this,” said Melodie Passmore, Collin’s grandmother, KNXV reported. “We didn’t go out one day and say, ‘Hey, let’s have Clay kill himself, and let’s have Bonnie die, and we’ll take Collin in.’ ”

A letter to the Passmores from the HOA’s lawyer says the association already gave the family a year to make other arrangements for the orphaned teen. The letter sets a June 30 deadline for Collin to move out and says no further extensions will be given.

“The entire reason for the community’s existence as an age-restricted community is to allow for deed restrictions that restrict children from residing in the community,” the letter reads, adding the HOA board is “sympathetic” to their situation.

But he HOA “must balance the interests of all parties involved, not just the Passmores,” the letter continues, noting the organization has received complaints from other residents.

Collin says moving in with his grandparents has helped him grieve following the death of his parents in California in 2018, KNXV reported.

“I want to be here,” Collin said, KTVK reported. “Cause I know I have two people who love me.”

Melodie Passmore says the couple will move so they can continue to provide a home to Collin, adding that she’s “stepped in things I find nicer” than the HOA board, KNXV reported.

In a statement, the association says it has a legal duty to enforce its age restrictions.

“Generally, community associations that fail to enforce their residency age restrictions leave themselves open to legal claims from other residents and could even endanger the ability of the association to remain an age restricted community,” the statement reads.

This story was originally published January 15, 2020 at 9:46 AM.