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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.
"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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