A single mother of five has found herself in an unexpected situation as she was served a legal notice from her homeowner’s association (HOA) accusing her 5-year-old child of violating community rules.
When she bought her first home in an Orange County neighborhood, she expected a peaceful life ahead. Little did she know that someone from her neighborhood would be so irked by watching her son play on a community magnolia tree that it would lead to a formal complaint and subsequent fines.
Florida mom Ariel Barner has shared the entire incident on her social media handles and has called the HOA notice ‘prejudicial and discriminatory.’ The legal notice came after her son, Owen, was spotted swinging from a tree on public property at his bus stop. The notice claims that this innocent act of the 5-year-old “violates” community rules.
“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,” a part of the notice reads, according to Atlanta Black Star.
Barner said in an Instagram video that her son is accused “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.” She highlighted that this violation is generally reserved for issues such as loud parties, noise complaints, or excessive parking.
“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,” she shared her plight.
Meanwhile, the HOA has defended the notice by mentioning that the association members will not be liable for any injuries children might suffer from swinging from tree branches.
Barner is now required to resolve the issue and pay $382.16 to cover the attorney’s fees incurred by the association to address the complaint.
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The Black mom of five believes the incident is tied to prejudice, abuse of power, and discrimination as her white neighbor is the head of the HOA. She has accused her neighbor of repeatedly recording her son playing in the magnolia tree at his bus stop.
Barner wrote in her caption, “No one in the neighborhood said they’ve even seen Owen outside, no one in the neighborhood said he was a nuisance and no one in the neighborhood says there has been any damage to a tree.”
She added that the tree isn’t damaged and her white neighbor “is the only person” to claim otherwise. She added, “Her home is across the street from the bus stop and she opens her window to record him every morning from her home window.”
Barner is not backing down. Apart from sharing her story on social media, which has since gone viral, she has also printed letters for 50 of her neighbors, describing the situation she and her family and accusing the HOA of abusing the bylaws.
In another Instagram post, she thanked her neighbors who are standing by her side and sending words of encouragement. She also added a message for people of color in her community. The woman wrote, “I’m sorry for what many of us have had to silently endure. I’m sorry for the times you’ve had to shrink yourself to feel accepted in places your hard work, your taxes, your mortgage, and your HOA dues already earned you the right to be. And I’m sorry that it took my pain for the cracks in our neighborhood to show.”
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“But this time, I believe the HOA president ran into the right Black mother — one who will no longer bow to intimidation, quiet injustice, or allow silence to stand in the place of accountability,” she added.
She also urged the HOA to “represent the community — not one person’s personal bias, not fear, and not control.”
