🚨 Before You Donate: Know The Facts

A viral GoFundMe claims: "My 5-year-old son has been labeled a 'public nuisance' by our HOA for simply touching a tree... we've been met with attorneys and legal threats." As this story spreads on social media, many posts describe it as "HOA is suing a 5-year-old for playing." Is that what's really happening? Let's look at the actual documents and understand what's at stake.

📢 The Campaign In Question

This analysis references a fundraising campaign currently circulating on social media. Before forming an opinion or contributing financially, we encourage you to review all available information.

Clicking this button will show you important information before proceeding to the external fundraising site.

⚠️ The Viral Claim vs. Reality

Social media has a way of simplifying complex situations into emotional headlines. Before contributing money to any cause, it's crucial to review the actual facts and documents. This page presents verified information so you can make an informed decision.

What's Being Claimed Online

GoFundMe Campaign Screenshot
Screenshot of the publicly available GoFundMe campaign page, used here for educational commentary and critical analysis under fair use principles

🎭 The Social Media Narrative

Social Media Post
Example of publicly shared social media content, used for educational commentary under fair use

GoFundMe Claim: "My 5-year-old son has been labeled a 'public nuisance' by our HOA for simply touching a tree at the bus stop"

What It Says: "Instead of compassion, we've been met with attorneys and legal threats"

How It's Being Shared: Many social media posts describe it as "HOA is suing a 5-year-old for playing"

Frame: Single mother fighting for her child's dignity

Goal: Fundraising for "legal defense"

📄 What The Actual Letter Says

Actual Issue: Unsupervised children engaging in unsafe activities on common property

Specific Concerns: Climbing trees, swinging from branches, throwing rocks/objects

Request: Parents supervise children per HOA covenants

Status: Pre-litigation notice, no lawsuit filed

The Actual Letter (September 24, 2025)

HOA Letter Page 1
Page 1 of the publicly disclosed letter from HOA legal counsel, reproduced here for educational analysis under fair use
HOA Letter Page 2
Page 2 of the publicly disclosed letter, reproduced here for educational analysis under fair use

FROM: HOA Legal Counsel

TO: Property Owner/Tenant

RE: HOA Property Owners Association

SUBJECT: Children swinging from tree branches and throwing rocks and restrictions on activity


Key Excerpts (as publicly disclosed):

"It has come to our attention that you and/or your tenant is in violation of the provisions of the Association's Declaration by failing to supervise the children by allowing them to climb and swing from the limbs of the tree that are property of the association. The children have also been seen throwing rocks or other objects throughout the association."


"The association will not be responsible if any or all of the children suffer any injuries, as a result of them swinging on the tree branches. As such, you must make sure to supervise the children while playing outside or within the community."

Important Note: The letter is not threatening to sue a child. It's notifying the property owner/tenant of covenant violations and liability concerns. This is standard HOA procedure.

Understanding HOA Liability: Real Scenarios

Scenario 1: The Store Owner

🤔 Put Yourself In This Situation:

Imagine you own a clothing store. A child enters unsupervised and starts climbing your display shelves. The child falls and is seriously injured.

Question: As the property owner, are you liable for the child's injuries?

Answer: In most cases, yes. Property owners have a duty to maintain safe premises.

Scenario 2: A Child Visits YOUR House

🏠 Now Make It Personal - This Could Be YOU:

In Florida, anyone can sue for basically anything. Injury law is a big, lucrative business.

Step 1: You invite a 5-year-old child and the mother over for dinner. You think you're friends.

Step 2: The child starts playing in your living room. You notice some things are kind of unsafe—it's your house, you know how things work. But the mother has a different idea of safety.

Step 3: You decide to keep the peace and not call it out. You don't want to seem rude or overprotective in your own home.

Step 4: The child gets hurt—REALLY badly—in your living room with one of your furniture pieces. Maybe they climb something, maybe something tips over. It happens fast.

Step 5: The child is taken to the hospital. Serious injuries. Medical bills pile up.

Step 6: The mother—who you thought was your friend—SUES YOU.

Question: Would you think it's fair that you're being sued when you invited them as guests to your home?

Reality Check: This is EXACTLY what the HOA is trying to prevent. They're not attacking a child—they're protecting themselves (and ALL homeowners) from this exact scenario happening on common property.

If you wouldn't want to be sued for an injury at YOUR house, why would you expect the HOA to accept that liability on community property?

The HOA Liability Chain - What COULD Happen:

Scenario 3: The Community Property Version

Step 1: Child leaves school bus, plays on HOA property (tree on common grounds)
Step 2: Child is unsupervised, climbs tree, swings from branches
Step 3: Branch breaks, child falls and sustains serious injuries (broken bones, head injury, etc.)
Step 4: Parent sues the HOA for negligence and failing to maintain safe property
Step 5: HOA's insurance claim increases premiums for the entire community
Step 6: ALL homeowners (including the child's family) face increased HOA dues to cover higher insurance costs

Now ask yourself after reading all three scenarios:

The answer is obvious: Everyone wants to protect themselves from liability. The HOA is doing exactly what YOU would do—protecting their property and all the owners who would pay the price if someone gets hurt.

💰 The Real Cost to Everyone

Insurance Claims

A single serious injury claim can cost $50,000-$500,000+ in medical bills, legal fees, and settlements.

Premium Increases

After a claim, HOA insurance premiums can increase 25-100% or more.

Higher HOA Dues

Increased insurance costs are passed to ALL homeowners through higher monthly/annual dues.

Community Impact

Even the family of the injured child pays more in HOA dues. Everyone loses.

This isn't about targeting a child. It's about protecting everyone in the community from financial liability.

🎯 What Article VII, Section 8 Actually Says

The letter references Article VII, Section 8 of the HOA Declaration, which states:

"Restrictions on Activity"

"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 legal team applied this covenant because:

Valid Question: Should HOA covenants written decades ago be modernized? Possibly. But until they are, these are the binding rules all residents agreed to when purchasing property.

👥 About HOA Board Members

Important Context: HOA board members are typically volunteers who receive NO PAY. They are fellow homeowners who dedicate their personal time to manage the community, handle finances, coordinate maintenance, and yes—protect all residents from liability.

They are not corporate villains. They're neighbors trying to do their civic duty, and they're now receiving death threats over this situation.

🚨 The Real Concern: What Happens Next?

By taking this issue viral and framing it as discrimination, the following might occur (this is speculation based on some of the heated comments observed from people supporting the posts):

No lawsuit against a child has been filed. However, publicly available information shows that some volunteers and neighbors have reportedly become targets of online harassment as this campaign has spread.

❓ Where Is Your Donation Actually Going?

The GoFundMe states it's for "legal defense." Based on the publicly available documents, here are the observable facts as of the time this analysis was prepared:

Current Status (Based on Public Records)

  • According to public court records available at the time of this writing, no lawsuit appears to have been filed against the child
  • According to public court records available at the time of this writing, no lawsuit appears to have been filed against the mother
  • The letter reviewed requests compliance with covenants
  • Attorney fees mentioned ($382.16) appear consistent with standard costs to send a notice letter from an HOA attorney

Note: Legal situations can evolve. Donors are encouraged to verify current status independently.

💰 Understanding the $382.16 Attorney Fee

This is the cost for the association to use an attorney to send a notice. In typical HOA practice, associations operate on zero-profit budgets. They don't make money—they only collect enough to cover expenses.

In standard HOA operations, if the association has to spend an extra $10, it needs to recover it or increase dues for everyone. The $382.16 is simply to cover the cost of that letter being sent by their attorney.

Could that be negotiated? Most likely—everything is negotiable in life with the right mindset and collaboration between parties.

Here's the reality: If this family had a true financial need, the campaign should not have exceeded $400 to start with.

Note: The following is speculation and is presented here to remind you that critical thinking is okay—and important—as part of your decision process when considering donations.

Potential actual use of funds:

Ask yourself: Am I funding a legal defense, or am I funding the aftermath of a social media campaign?

✅ Before You Donate, Do Your Due Diligence

🎓 The Lesson for All of Us

Opinion & Commentary: The following reflects the personal views and analysis of the author based on publicly available information.

In the author's opinion, viral stories often trigger emotions more than critical thinking. The GoFundMe describes being "labeled a public nuisance" and "legal threats," and as observed in various social media posts, some versions describe it as "HOA sues 5-year-old for touching a tree." Such emotionally-charged headlines may generate outrage, sympathy, and urgency to act.

But when you dig into the facts—read the actual documents, understand the legal context, and consider all perspectives—the story often looks very different.

In the author's view, this appears to be about HOA liability procedures, not about attacking a child. The available documents suggest standard HOA procedures to limit liability and protect homeowners from financial risk.

Your money, your choice. But please, make it an informed choice based on facts, not viral headlines.

📱 Context: Evaluating Any Crowdfunding Campaign

General Guidance: The following are questions donors should consider when evaluating any crowdfunding campaign, not specific accusations about this or any individual.

Considerations for all donors: When evaluating any fundraising campaign, publicly available information about the organizer may be relevant to your decision. This might include their experience with content creation, digital platforms, and audience engagement.

Questions to ask yourself: Does the campaign demonstrate professional marketing techniques? What is the organizer's typical online presence? How does professional presentation factor into your assessment of actual need?

Important: Having social media skills or marketing experience does not indicate dishonesty or ill intent. However, donors should apply critical thinking to all crowdfunding campaigns, regardless of presentation quality.

💭 The Bigger Picture: Influencer Culture & Viral Outrage

When you look at situations like this, you have to ask yourself some uncomfortable questions:

🤔 Questions That Come To Mind:

These are questions I'm considering. You might have additional questions based on your own knowledge and experience—this is not a perfect or complete list of considerations, just a starting point for critical thinking.

  • What is the actual current legal status? Have lawsuits been filed? What do court records show?
  • How professional is the campaign presentation? Does the quality of content creation suggest experience with digital marketing or audience engagement?
  • What do independent sources say? Beyond the campaign itself, what context is available from HOA documents, news coverage, and public records?
  • How transparent is the fund usage? Are specific legal expenses itemized? How will donations be used?

This went viral in part because emotional narratives spread faster than nuanced facts. When evaluating any viral fundraising campaign, consider whether the presentation prioritizes outrage and engagement over detailed documentation of specific legal needs.

⚠️ The Viral Echo Chamber Effect

Encourage yourself—and everyone you know—to do a little research. Look at how far this story has spread. Notice how other people are now echoing the story as if it's theirs. Watch how every second that passes, the narrative is missing more and more important details of truth.

This is what happens when information is catered to a society that stopped reading and stopped trying to apply common sense before taking action or siding with someone.

Society has become one that:

Questions for Donors to Consider:

When evaluating any viral fundraising campaign, consider the gap between the stated emergency and the actual documented need.

Questions to ask: Has a lawsuit been filed? What are the specific legal expenses? Does the fundraiser have resources or platform reach that might affect their actual need? What am I contributing toward—documented legal fees or general support?

Before you click donate. Before you share. Before you pick a side.
READ. THINK. VERIFY.

Your common sense is the only tool that stands between truth and manipulation.
Use it.

⚠️ Legal Disclaimer

This website is for educational and informational purposes only. The content presented here is based on publicly available documents, news reports, and general legal principles regarding property liability. This is not legal advice, and should not be construed as such.

Opinion & Commentary: This website represents the personal analysis, observations, and opinions of an individual reviewing publicly available information. Where opinions are expressed, they are clearly labeled as such. Observations about social media, marketing, and campaign presentation are personal opinions based on publicly visible content and are offered as factors for donors to consider, not as factual accusations of wrongdoing.

No Defamation or False Light Intended: This website does not intend to defame, portray in false light, harass, or harm any individual. All statements are either: (1) based on documented facts from publicly available sources with appropriate attribution, (2) clearly labeled personal opinions and analysis, (3) rhetorical questions designed to encourage critical thinking, or (4) general information about HOA liability practices and legal principles. No statement should be construed as a factual assertion of fraud, dishonesty, or illegal conduct unless explicitly sourced to public records.

Fair Use & Public Interest: All referenced documents, screenshots, and materials are reproduced for educational purposes, critical commentary, and public interest analysis under fair use principles (17 U.S.C. § 107). Such use is transformative, non-commercial, and necessary to provide context for informed public discussion. Images and content are sourced from publicly shared social media posts and publicly disclosed documents.

No Commercial Use or Endorsement: This website is non-commercial and makes no profit. It does not use anyone's name, image, or likeness for commercial purposes or advertising. References to publicly available fundraising campaigns are made solely for educational analysis and public interest commentary.

Neutrality & Protected Speech: This website neither encourages nor discourages financial contributions to any fundraising campaign. The analysis presented offers factual context, multiple perspectives, and questions for consideration to enable individuals to make informed decisions. This content constitutes protected opinion and commentary on a matter of public concern. The existence of this website should not be interpreted as harassment or an attack on any individual or family.

Accuracy & Updates: Information presented is accurate to the best of the author's knowledge as of the date published. Situations may evolve, and readers should verify current status independently. Any factual errors brought to attention will be corrected promptly.

Verification Encouraged: All readers are strongly encouraged to independently verify information, review source documents (linked throughout), consult publicly available court records, and seek advice from qualified professionals before making any decisions.

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Page last updated: 10/4/2025 11:00 AM EST