HOA Calls 5-Year-Old Boy A ‘Public Nuisance’ & Demands Mom Pay $400 In Fees
They claimed that the 5-year-old boy was disturbing the neighborhood for doing something that's quite trivial.
PeopleImages | Shutterstock An HOA association in Florida is facing some backlash after taking legal action against the mother of a 5-year-old boy for simply playing in the neighborhood. A mom named Ariel Barner took to social media with her grievances about the way the HOA in her neighborhood was treating her son, and now her community is on her side, helping to pay her legal fees.
According to local news outlets, Barner admitted that it's been "disheartening" to know that her son is being targeted just for being a child. She expressed her frustration with the entire situation, which sparked a debate about the power that HOAs have.
An HOA called a 5-year-old boy a 'public nuisance' and is demanding that his mom pay $400 in fees.
While speaking with WESH2, Barner, a single mom of 5, explained that it all started earlier this year when she bought a home in a subdivision located in Orlando, Florida. Located right in front of the subdivision is a magnolia tree, which is the root of all the drama.
It's right by a sidewalk where a lot of the kids who live in the neighborhood wait for the school bus. Barner said her 5-year-old son, Owen, enjoys swinging on some of the tree branches so that his feet can dangle, which is pretty standard 5-year-old behavior. However, according to the homeowners' association, Barner's son is allegedly violating their rules by playing on the tree.
"They are hyper in the mornings. It’s a bunch of kids out here. Everyone is happy. They are running. They have their backpacks and their folders," Barner told WKMG. "I just never thought my son’s joy would be seen as a target or a discomfort."
Without even talking to her first, the HOA sent a letter demanding that her son stop swinging on the tree and even ordered her to pay $400 in attorney's fees. They cited that her child was being targeted for "swinging from tree branches and throwing rocks."
The HOA's attorney argued that the branches seemed 'unsafe' for the 5-year-old to be swinging from.
Tennille Shipwash, the HOA's attorney, insisted that they first talked to Barner before sending the letter, and said they sent it for a reason. "Really, the concern is safety. The branches to me don't appear that sturdy. They were afraid of the child being injured."
Eric Walsh | Shutterstock
Ariel expressed her sadness for the whole situation, saying, "So we moved here to feel safe, feel whole, to be a part of something. So, to know that it's been … I don't want to say stripped away … I would be lying if I didn't say I feel intimidated living here, or small."
Despite the HOA's claim of giving Barner prior warning, she said she had never spoken to anyone before receiving the letter and bill for attorney's fees. Upset by everything, she decided to go door-to-door in her neighborhood and even shared her story on her personal TikTok page.
Her posts managed to bring thousands of responses from people around the world. Barner also has a fundraiser where she's currently raising money for her own legal fees.
"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. "To list him as a public nuisance and an annoyance to the neighborhood was disheartening as a mother. I never thought someone would try to label my child like that and then say that it was the community’s decision."
It definitely seems like the HOA is wrongfully targeting her 5-year-old son just for being a child. If it were really an issue, they could've directly contacted Barner about it and warned her that her son needs to stop playing on the tree, but at the same time, it doesn't even seem like that big of a deal in the first place. All in all, Barner is being supported by those in her community, and hopefully, she's able to come to a resolution that doesn't mean giving in to the absurd demands of an HOA.
Nia Tipton is a staff writer with a bachelor’s degree in creative writing and journalism who covers news and lifestyle topics that focus on psychology, relationships, and the human experience.
