A Florida mother says she was stunned to receive a letter from her homeowners’ association accusing her 5-year-old son of damaging a tree near a neighborhood bus stop.
Ariel Barner, who lives in Orlando, Florida, shared the letter online this week, saying it accused her of “failing to supervise” her child and allowing him to “climb and swing” from the branches of a magnolia tree owned by the association. The letter alleged that the child’s actions damaged the tree and violated community rules. She was charged $382.16 to cover attorneys’ fees and costs.
Barner told local news outlet WKMG that she was taken aback by the accusation and said there’s “no proof” her son broke any branches or caused harm.
“They are hyper in the mornings,” she said. “It’s a bunch of kids out here. Everyone is happy. They are running. They have their backpacks and their folders. I just never thought my son’s joy would be seen as a target or a discomfort.”
The letter cites a section of the association’s bylaws prohibiting activities considered “noxious or offensive” or that could become a “public nuisance.” Barner said that language felt deeply personal. “To list him as a public nuisance and an annoyance to the neighborhood was disheartening as a mother,” she said.
She added that she tried contacting the association before posting about the issue online, but was unable to reach anyone.
“When I posted about it, I only did that because when I reached out to the numbers available, no one got back to me,” she said.
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According to the letter, if Barner does not comply with the association’s governing rules, the HOA could pursue “compliance through mediation.” It also noted that the association may issue a “demand for pre-suit mediation” if the alleged violation is not corrected.
However, the attorney representing the association stated that legal action is not being threatened. “There has never been any threat of litigation against Ms. Barner concerning her child climbing or swinging from the magnolia tree,” the attorney said.
“The letter was issued only after attempts by the Association to resolve the matter informally were unsuccessful.”
Barner said she hopes the incident sparks a larger conversation about how communities treat children and the importance of letting kids be kids.
Barner has since launched a GoFundMe for assistance in handling any further legal litigation from the HOA.
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