A Florida mother is claiming victory after her neighborhood’s HOA labeled her 5-year-old son a public nuisance for touching a tree.
Ariel Barner received a legal notice last year accusing her 5-year-old son, Owen, of violating community rules by swinging from a tree near his bus stop in the Riverchase community in Orange County, Florida.
Barner confirmed over the weekend that the case had been dismissed, months later.
Her story went viral after she took to social media to share the ordeal.
“Even though everyone told me not to take my story to social media, it was the best thing I did for my family!” Barner wrote on Instagram.
‘Never Experienced Such Hatred’
Nearly a year ago, University Pines Property Owners Association, the neighborhood HOA, sent Barner a letter accusing her of violating rules by allowing her son to climb the tree.
The notice alleged Owen violated a regulation stating that, “No noxious or offensive activity shall be conducted or permitted to exist upon any Lot, or in any Dwelling unit, nor shall anything be done or permitted to exist on any Lot or in any Dwelling unit that may be or may become an annoyance or private or public nuisance.”
The HOA justified its actions by stating it didn’t want to be liable for any injuries if Owen were to fall from the tree.
The organization’s attorney, Tennille Shipwash, said the HOA’s intention was to ensure compliance with community rules.
Barner told FOX35 that she had just moved into the community. The mother of five said she was shocked by the legal complaint, which also asked for $382.16 to cover the lawyer’s involvement.
Barner, a Black woman, believes the matter was directly tied to “prejudice,” “abuse of power,” and discrimination.
She claims her white neighbor, who happens to be the head of the HOA, filed a complaint that resulted in the legal notice. She said the neighbor would film her son swinging on the tree near his bus stop.
“They listed him under Article Seven, Section Eight of the HOA and listed him to the neighborhood as a public annoyance and a public nuisance to the neighborhood,” Barner said in a video post on Instagram at the time. “So maybe call me ignorant or maybe call me naive, but I have never experienced such hatred and isolation over a child in a community.”
Legal Battle
Barner posted multiple legal documents, including the complaint filed by the HOA. They included several comments from neighbors supporting her son.
“This is very sad. You need to find something else to do besides messing with children,” one neighbor wrote about the HOA complaint. “I wonder if he were a little white boy, if we would be having the same convo. This goes to show RACISM is alive and well in my neighborhood.”
“As someone who has taught elementary and middle school for 26 years, your son is just being a kid,” another sympathetic neighbor wrote.
In the end, Barner said her family came out on top.
“My family was able to obtain an attorney and fight. And fight hard, and I’m happy to say that everything the HOA tried to label my son, and even the money they were requiring, has been ceased and closed,” Barner said.
Atlanta Black Star reached out to Barner and the HOA’s attorney to ask for the specifics of how the case reached its conclusion but hasn’t heard back.
