A Jacksonville woman says she spent her father’s final years caring for him in a 55-and-older community, where she later inherited the home. Now, she says the homeowners association is trying to force her to move out, and the dispute could leave some neighbors paying thousands of dollars in legal fees.
Bethany Michel says she moved to Jacksonville in 2019 to care for her terminally ill father, a Navy veteran, after COVID restrictions kept her from giving him the care he needed at his assisted living facility.
“We were scrambling,” Michel said. “We needed a house, and we needed it fast.”
Michel said they ended up buying a home in Freedom at Arbor Mill, a 55-plus community in Oakleaf Plantation. She said the seller told her she would be grandfathered in after her father died.
“Everyone reassured me,” Michel said.
But after her father died in 2023, Michel said the homeowners association started enforcing the community’s age rules. She now says she may be forced to leave the home she inherited.
“I have nowhere to go,” she said. “This is my home. I’ve lived here for 6 years and I mean, what do you do at that point?”
Michel said the issue intensified after residents received a letter about a proposed special assessment asking each household to pay $1,000, or an extra $100 a month for 10 months, to cover legal costs tied to enforcing the community’s age restrictions.
“I care about the people in this community so much. It hurts my heart to know that some people are going to be forced to pay this alongside me to fight a fight that has nothing to do with them,” Michel said.
One neighbor said the dispute has implications beyond Michel’s situation.
“This affects not just Bethany, but the whole community, because if my wife and I were to die tomorrow and our house would go to our under-55-year-old children, we would be in the same position,” he said.
The HOA’s governing documents say the community is intended for residents age 55 and older. Under the federal Housing for Older Persons Act, 55-plus communities must have at least 80% of occupied homes with at least one resident who is 55 or older.
The remaining 20% provides flexibility for situations involving younger spouses, caregivers or inherited homes.
Arbor Mill’s declaration of covenants and restrictions says every occupied home must still have at least one resident who is 55 or older. While younger individuals may inherit ownership, ownership alone does not automatically grant the right to live there if the occupancy rules are not met.
Barry Ansbacher, a board-certified real estate and condominium lawyer who is not connected to the case, said communities must follow the law to keep their exemption.
“It’s not a matter of the condominium or homeowners associations being mean-spirited, but if they don’t adhere to the law, which requires that it be enforced to a minimum of 80% enforcement, and they lose that exemption, then they would be violating the Fair Housing Act, and the entity itself would be in violation of Florida and federal law with serious penalties,” Ansbacher said.
He said parents should talk to their children about what happens if they inherit a home in a 55-plus community.
“They should be mindful if they’re choosing to live in the community that their children will likely not be able to live in that home and continue there,” he said.
Michel said she simply wants to stay in the home she inherited.
“I’ve invested so much time, effort and energy into being a good resident of Duval County, and to know that this is how my dad’s dying wish is being honored, it’s honestly like I wouldn’t wish this upon anybody,” she said.
The HOA and five board members were contacted several times. When reached by phone Tuesday, someone declined to comment.
The HOA is scheduled to meet Wednesday at 6 p.m. to discuss the proposed assessment.