‘Need to Find Something Else to Do’: Black Mother Said HOA Head Labeled Her 5-Year-Old-Son a ‘Public Nuisance,’ for Playing In a Tree In the Neighborhood
A Florida mother says she's being subjected to a prejudicial and discriminatory HOA notice that resulted in fines after a neighbor filed a complaint about her son playing on a community magnolia tree. Ariel Barner, a single mother of five children, said she bought her first home in an Orange County neighborhood. Now, she's fighting a legal notice from her homeowner's association accusing her 5-year-old child, Owen, of violating community rules by swinging from a tree on public property at his bus stop. Ariel Barner, a single mother of five children, said she is facing legal action from the head of her Homeowners' Association. (Photos: Instagram/the_arielb) The legal notice alleges 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." ‘Unconscionable’: MAGA Pastor Calls for Executing ‘Rebellious’ Black Youth, Citing Death By Stoning In Old Testament The HOA justified the grounds for the notice by writing that the association members won't be liable for any injuries children might suffer from swinging from tree branches. Barner said the violation her son is being accused of is usually reserved for loud parties, noise complaints, or excessive parking. "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. "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." Now, the HOA is requiring Barner to resolve the violation and pay $382.16 to cover the fees the association incurred to hire an attorney to address the complaint. View this post on Instagram A post shared by Ariel B. | Surviving Single Motherhood (@the_arielb) Barner, a Black woman, said she believes this matter is directly tied to "prejudice," "abuse of power," and discrimination after 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 repeatedly record her son playing in the magnolia tree at his bus stop. The tree suffered no damage. In the days since she received the notice, Barner has started fighting back. Her story went viral after she took to social media to share the ordeal. She also printed letters for 50 of her neighbors, describing the situation she and her family are being subjected to and accusing the HOA of abusing the bylaws. She posted dozens of supportive responses from community members siding with her and her son. "This is very sad. You need to find something else to do besides messing with children," one neighbor wrote of 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. Barner told WOFL that she intends to speak with an attorney to explore how to move forward with the HOA's demands. "And I may lose, but I'm gonna go down fighting, and I have no problem paying my fines and still using my voice to say this is 100% unconstitutional and not right," she said.
