Treehouse ruled 'medically necessary' for Tampa boy with leukemia

Sassin
Six-year-old Brage Sassin in the controversial treehouse  

Homeowners group changes its mind about removal

January 11, 2000
Web posted at: 7:20 p.m. EST (0020 GMT)


In this story:

'It's his special place'

'There are other battles they could fight'

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From staff and wire reports

TAMPA, Florida (CNN) -- A young boy who is fighting a life-threatening disease will get to keep his treehouse because the Tampa Palms Homeowners Association changed its mind Tuesday after being hit with a wave of negative publicity and adverse public opinion.

The association granted a waiver of the deed restrictions, saying the treehouse was considered a medical necessity for 6-year-old Brage Sassin.

Last spring, Brage appeared to be winning his three- year war with leukemia. To celebrate, he helped his dad build a treehouse in their yard as a safe haven, a special place to play.

They finished in time for Brage's birthday on March 28.

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Listen to Brage Sassin play in his treehouse

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Tammy Sassin explains why the treehouse is important to her son

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Neighbor B.J. Magol says he has no problem with the treehouse

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  MESSAGE BOARD
Frivolous lawsuits

 

But neighbors soon complained that the treehouse reduced their property values. They took the matter to their homeowners association, which is supposed to enforce deed restrictions in the neighborhood. The homeowners association told Brage's parents that the treehouse had to be taken down.

The boy's parents said they couldn't do it. Brage suffered a relapse in August. He now spends much of his time at the hospital undergoing chemotherapy and other treatments.

On the rare occasions when he's home, Brage loves to ascend into his wooden castle among the sturdy branches of an oak. The treehouse is 8 feet square, with a roof, walls and three windows.

"I play games," Brage says brightly.

'It's his special place'

"For him, being up there, it reminds him he's just like everyone else," Brage's mother, Tammy Sassin, told CNN affiliate WTVT in Tampa. "For the short time he was well, he played up there with his friends. He goes up there and feels safe. It's his special place."

Brage
Brage in a photograph taken last spring, when it was thought he had won his battle with cancer  

The top of the treehouse is about 14 feet high -- six feet higher than permitted under the neighborhood deed restrictions.

National and international news accounts about Brage and his endangered hideaway don't change the rules, Liz DeAmbrose, president of the property owners association, told the St. Petersburg Times earlier this week.

"For eight months, we've tried a lot of different things," she said, "because we certainly don't want to walk around being heavies. We have children. We have compassion. ... On the other hand, we can get sued if we don't uphold the deed restrictions. We're not saying remove it; we're saying take it down to the 8-foot level."

Brage's mom said that attempting to lower the structure probably would destroy it.

During the monthslong battle, association manager Maura Lear wrote the Sassins: "This association recognizes the extenuating circumstances in this case, and the element of compassion has not been overlooked. If we had gone strictly by the book, a fine would have been imposed long ago."

'There are other battles they could fight'

It is unclear how much the fine would have been.

In a follow-up letter, Lear wrote the Sassins that neighbors were upset because the treehouse is hurting their property values and wanted it removed.

Brage
The top of the treehouse is 6 feet higher than permitted  

But some neighbors disputed that.

Melissa Bumberg, a neighbor with a direct view of the tree house, said it did not lower the value of her house, which she recently agreed to sell. The association, she said, should let Brage keep his treehouse.

"There are other battles they could fight," she said. Neighbor Patricia Christiansen agreed. "It's ridiculous this family has to fight for something like that with everything they're going through right now."

B.J. Magol, another neighbor, said the homeowners group's stance was "kind of harsh." He said he had no problem with the treehouse.

CNN affiliate WTVT, The Associated Press and Reuters contributed to this report.