HOA orders child's sidewalk chalk art removed, now apologizes

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Kennedy last week spent the better part of an hour drawing “Love Your Neighbor” in front of the family’s home. “She was very proud of it,’’ her mother said. “Then we got the letter from the board.” That board was the Riverchase (Birmingham, AL suburb) Townhomes Owners Association, a subgroup of the larger Riverchase Residential Association. Seaton pays homeowners’ dues to both. “The Riverchase Residential Association has not been enforcing sidewalk chalk. They’ve been really good about fostering community during this time,’’ Seaton said. The RTOA, however, sent Seaton a formal letter Monday informing her that the chalk art was in violation of the covenants, calling Kennedy’s project “unsightly.” “The RTOA Board through enforcement of the RTOA covenants seeks to maintain the overall appearance of our neighborhood in order to protect all of our property values,’’ the letter stated. “We would very much appreciate it if you would clean up the sidewalk and refrain from using chalk or any other material to mar the sidewalks.” Seaton, who is an attorney, said she learned the board actually met as a group to discuss Kennedy’s “infraction” and move forward with the demand to have it removed. She called the president to discuss it with him but said he told her, “I can’t allow you to deface the property.” “They’re really digging their heels in,’’ Seaton said. “It’s disappointing.”

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“The biggest thing for her is now she feels like she’s done something wrong and that’s why it bothers me more than anything else because I don’t want her to think she did something wrong,’’ Seaton said. “That’s not the message we should communicate to anyone right now.” “She’s even been leaving notes for people in the neighborhood,’’ she said. “She’s really gone out of her way to make people feel cared for right now and I want her to be proud of that.” Seaton posted the letter to Facebook, and the reaction was immediate. It’s been shared more than 1,000 times. That, she said, has been a double-edged sword. Hundreds of strangers have encouraged and supported Kennedy. “It shows there’s good people and goodness in the world,’’ Seaton said.

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Some neighbors, however, had asked Seaton to drop the issue fearing it would make their neighborhood look bad. “There’s been a lot of pressure for me to delete the post, but I want my daughter to know it’s important to be kind and uplifting.” Shortly after this article published, Seaton received an apology call from the president of the association.

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