A Florida mother says she’s disheartened after an attorney representing her homeowners’ association sent a letter accusing her five-year-old of swinging on and damaging a tree near a bus stop.
Ariel Barner of Orlando, Florida, shared the letter online this week, which states that she is “failing to supervise the children by allowing them to climb and swing from the tree branches of the tree(s) that are property of the association.” As a result, the branches of a nearby magnolia tree broke, the letter claims.
The letter also claims the children have “been seen throwing rocks or other objects throughout the association.” The letter states Barner must comply with the association’s rules and “pay attorney’s fees and costs in the amount of $382.16” to Shipwash Law Firm, which appears to be representing the University Pines Property Owners Association.
Barner started a GoFundMe to “defend our rights,” and wrote on the page that the letter, which refers to “children,” is about her five-year-old son. Barner also shared the letter on TikTok, where she has 1.7 million followers, and wrote that “only one child ever touched the tree.”
Barner said on TikTok there’s “no proof” the five-year-old damaged the tree or threw rocks, and that the association’s bylaws “don’t require a parent at the bus stop.”
“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 local outlet WKMG. “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 which prohibits any activity that is “noxious or offensive” or that “may be or may become an annoyance or public nuisance.”
“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 told WKMG. “To list him as a public nuisance and an annoyance to the neighborhood was disheartening as a mother.”
If Barner fails to “follow the Governing Documents (Declaration) of the Association,” the organization plans to pursue “compliance through mediation,” the letter states.
“In the event that you fail to cure and/or rectify the violations in the manner described above, the Association may serve a demand for pre-suit mediation,” the letter continues.
However, the attorney listed on the letter told WKMG that the association is not threatening litigation.
“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 told the outlet she did not receive any warnings prior to the letter. Her GoFundMe, which had a goal of $60,000, had raised more than $62,000 as of Wednesday morning.
The Independent has contacted Barner, the University Pines Property Owners Association and Shipwash Law Firm for comment.
