Mother fights HOA after receiving letter complaining about son playing on a magnolia tree

Mom fights HOA over letter barring son from playing on neighborhood tree

A Central Florida mother is pushing back against her homeowners association after receiving a legal notice accusing her of violating community rules because her 5-year-old son likes to swing from a magnolia tree near his bus stop.

ORANGE COUNTY, Fla. - A Central Florida mother is pushing back against her homeowners association after receiving a legal notice accusing her of violating community rules because her 5-year-old son likes to swing from a magnolia tree near his bus stop.

The backstory:

Ariel Barner's five-year-old son, Owen, enjoys swinging from a magnolia tree near his bus stop in the Riverchase community in East Orange County. 

University Pines Property Owners Association, the neighborhood HOA, recently sent Barner a letter accusing her of violating community rules by allowing Owen to play on the tree.

Barner, new to the community, was surprised by the HOA's legal threat, which included a demand for $382.16 to cover the lawyer's involvement. She believes a conversation with the HOA president could have resolved the issue.

What they're saying:

"He loves monster trucks. He loves dirt, puddles… he's a boy. He likes mulch. He likes trees," Barner said.

"They're saying that the activity was noxious and offensive. That's incredibly vague. What does that mean? If they can say that kids swinging from a magnolia tree and skipping stones is offensive and noxious behavior. That's ridiculous. That's a big overreach," said Albert Yonfa, an Orlando attorney not connected with the case.

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The other side:

The HOA's attorney, Tennille Shipwash, explained their concern about potential liability if Owen were to fall from the tree. The HOA aims to ensure compliance with community rules to protect the association.

Why you should care:

This story highlights the tension between community regulations and the everyday activities of children, raising questions about the balance between safety and freedom in residential areas.

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What's next:

Barner intends to speak with an attorney to explore her options and determine how to proceed with the HOA's demands. The outcome could set a precedent for similar disputes in the community.