Representative Image of a community meeting in a clubhouse, showcasing differing opinions on age occupancy rules and legal fees (AI Generated Image)
Bethany Michel, 28, inherited her late father’s home in a Jacksonville, Florida, 55-plus community after he died in October 2023. Michel said she moved into the Arbor Mill home in 2020 to care for her terminally ill father, a disabled veteran, after COVID-19 restrictions at his assisted living facility made it difficult for her to provide his dialysis care. In July 2026, the HOA approved a $155,000 special assessment, with about $1,000 charged to each household, to help cover legal costs associated with the case. The dispute has divided residents and raised questions about how federal 55-plus housing rules apply when a younger person inherits a home. He died in October 2023, after which she inherited the home. The community’s governing documents require every occupied home to have at least one resident who is 55 or older. Michel has also said her father signed an addendum that included an exception to the community’s 55-plus age policy. Bob Stadler, one of Michel’s neighbours, said he could not afford an additional $1,000 and that many residents live on fixed incomes. To qualify under the federal rules, at least 80% of occupied units generally must have at least one resident who is 55 or older, along with other requirements concerning the community’s intent and verification of residents’ ages. That 80% threshold does not mean every 55-plus community must permit younger residents. Arbor Mill’s governing documents require at least one resident aged 55 or older in every occupied home, making its rule stricter than the federal minimum. Gonzales also said the community may already have used its available 20% allowance for residents who do not meet the 55-plus requirement.
Because she is below the community’s minimum age for occupancy, nearly three years into the dispute, the homeowners association is pursuing legal action to remove her. Because arbor Mill’s governing documents separately address ownership and occupancy, that distinction is central to the dispute. PEOPLE reported that it viewed the addendum and said it was unclear whether the document allowed Michel to reside in the home or only addressed her ownership of the property. News4JAX reported that the board approved the assessment as part of its continuing legal effort to remove Michel from the community.
Michel said she moved into the Arbor Mill property during the pandemic while caring for her father. Michel said she received notice less than three months after her father’s death reminding her that she did not meet Arbor Mill’s age requirement and asking her to move. The declaration also says the board may grant hardship exceptions to the age requirement at its discretion, provided the community remains compliant with applicable federal fair-housing requirements. She said residents had been led to believe they would have a direct say on the assessment, but that the five-member HOA board ultimately voted on it. William Baltazar also said many residents disagreed with the effort to remove Michel. Alejandra Gonzales, an attorney with Ansbacher Law, told News4JAX that Michel can own the home even if the community’s rules prevent her from occupying it. Gonzales said whether the HOA can allow an exception depends on the community’s governing documents and whether doing so would keep Arbor Mill in compliance with federal and state law. She also said an HOA may have authority under its governing documents to impose a special assessment for expenses such as legal fees.
The HOA declined to comment on whether it had considered an exception for Michel. Michel used her social media following, which she built partly through restaurant reviews, to draw attention to the dispute. The assessment has divided residents. Other homeowners have argued that the community’s governing documents should be enforced and that the issue is not personal. The federal Housing for Older Persons Act, or HOPA, allows qualifying housing communities to maintain age restrictions while remaining exempt from the Fair Housing Act’s prohibition on discrimination based on familial status. Communities can adopt stricter occupancy requirements. The reporting does not establish how many younger residents currently live in Arbor Mill.