October 14, 2025
Ariel Barner acknowledged that the HOA will pursue “compliance by mediation” if she does not abide by their guidelines.
A Florida mom says she was shocked to obtain a letter from her owners’ affiliation accusing her 5-year-old son of damaging a tree close to a neighborhood bus cease.
Ariel Barner, who lives in Orlando, Florida, shared the letter on-line this week, saying it accused her of “failing to oversee” her youngster and permitting him to “climb and swing” from the branches of a magnolia tree owned by the affiliation. The letter alleged that the kid’s actions broken the tree and violated group guidelines. She was charged $382.16 to cowl attorneys’ charges and prices.
Barner instructed native information outlet WKMG that she was bowled over by the accusation and stated there’s “no proof” her son broke any branches or induced hurt.
“They’re hyper within the mornings,” she stated. “It’s a bunch of children out right here. Everyone seems to be comfortable. They’re working. They’ve their backpacks and their folders. I simply by no means thought my son’s pleasure can be seen as a goal or a discomfort.”
The letter cites a piece of the affiliation’s bylaws prohibiting actions thought-about “noxious or offensive” or that might grow to be a “public nuisance.” Barner stated that language felt deeply private. “To listing him as a public nuisance and an annoyance to the neighborhood was disheartening as a mom,” she stated.
She added that she tried contacting the affiliation earlier than posting concerning the problem on-line, however was unable to succeed in anybody.
“Once I posted about it, I solely did that as a result of after I reached out to the numbers out there, nobody acquired again to me,” she stated.
In keeping with the letter, if Barner doesn’t adjust to the affiliation’s governing guidelines, the HOA might pursue “compliance by mediation.” It additionally famous that the affiliation could problem a “demand for pre-suit mediation” if the alleged violation will not be corrected.
Nevertheless, the legal professional representing the affiliation acknowledged that authorized motion will not be being threatened. “There has by no means been any menace of litigation in opposition to Ms. Barner regarding her youngster climbing or swinging from the magnolia tree,” the legal professional stated.
“The letter was issued solely after makes an attempt by the Affiliation to resolve the matter informally had been unsuccessful.”
Barner stated she hopes the incident sparks a bigger dialog about how communities deal with kids and the significance of letting youngsters be youngsters.
Barner has since launched a GoFundMe for help in dealing with any additional authorized litigation from the HOA.
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