A 28-year-old Jacksonville woman says she is being required to help finance a Florida HOA legal effort to remove her from the house she inherited from her late father.
Bethany Michel has been fighting to remain in her home at Freedom at Arbor Mill, a 55-plus community in the Oakleaf area, since her father died in October 2023.
The dispute now affects the entire neighborhood. The HOA’s five-member board approved a $155,000 special assessment to cover legal expenses, according to News4JAX.
With approximately 155 properties in the community, the charge comes to $1,000 per home. Because Michel owns one of those homes, she says she must contribute money toward the association’s case against her.
“It feels like we aren’t in reality,” Michel told the New York Post. “It’s like a sick and twisted joke.”
Residents must pay the assessment by Aug. 31 or make monthly payments of $100 for 10 months, the Post reported. Late payments could bring additional collection costs and attorney fees.
The fight has divided the Jacksonville community, where some residents believe the age restrictions must be enforced while others question why homeowners—many of whom live on fixed incomes—should pay for the continuing legal battle.
Woman Says Her Father Planned for Her to Keep the Home
Michel moved to Jacksonville in 2019 to help care for her father, Paul, a disabled Navy veteran who was terminally ill. She began living with him in the Arbor Mill home during the COVID-19 pandemic, when restrictions at his assisted-living facility complicated his dialysis care, according to News4JAX’s original investigation.
Her father purchased the property in 2020. Michel says the purchase documents included an addendum addressing her ability to inherit the home.
After her father died in 2023, a Duval County probate judge formally awarded Michel the property in March 2025, according to the New York Post’s account of the case.
The HOA argues that Michel does not satisfy the community’s occupancy requirements because she is younger than 55. Arbor Mill’s rules reportedly require at least one person age 55 or older to live in each occupied home.
Those rules do not necessarily prevent a younger person from owning property in the community. The central dispute is whether Michel may continue living there after inheriting the house and whether the association’s governing documents allow an exception in her circumstances.
Michel says her father was assured she would be permitted to remain. The HOA has continued pursuing enforcement of its age restriction.
News4JAX reported that the association’s documents also allow the board to grant certain hardship exceptions, provided the community remains compliant with federal requirements.
Under the federal Housing for Older Persons Act, a qualifying 55-plus community generally must have at least 80% of its occupied units include one person who is 55 or older. Communities may adopt stricter rules of their own, however, making the language in Arbor Mill’s governing documents important to the case.
Jacksonville attorney Zachary Roth, who was not involved in the dispute, told News4JAX in a legal analysis that ownership and occupancy are separate issues in age-restricted communities.
A person younger than 55 may be able to inherit and own a home but still face restrictions on living in it, depending on the association’s documents and any applicable exceptions.
Michel’s attorney, William “Billy” Davie, argues that the community’s rules allow exceptions involving heirs and that the association has not shown that allowing Michel to remain would threaten its federal status.
“They’re going to charge her $1,000 … so that they can then use that money to sue her,” Davie told the New York Post.
He also questioned why the association needs $155,000 if it believes the alleged violation is straightforward.
“If this was a clear-cut case, you wouldn’t ask for $150,000,” Davie said.
The HOA’s board members and management company did not provide comments to the New York Post. People magazine also reported that the association did not respond to its request for comment.
Michel says the association has revoked her access to neighborhood amenities, including the gym, swimming pool and clubhouse, while she continues paying regular HOA dues.
Neighbor Bob Stadler told News4JAX that Michel has never caused him any problems and that he objects to residents being charged for the legal fight.
“I don’t think we should have to pay,” Stadler said. “I can’t afford $1,000, and a lot of people around here are on a fixed income.”
Stadler said the decision about whether Michel stays should not become a financial burden for the rest of the community.
“If she wants to stay, let her stay,” he said. “If she wants to move, let her move. But don’t force her out.”
Other residents have taken the opposite position. One homeowner told News4JAX during a follow-up report that Michel knew she was living in an age-restricted neighborhood and should move.
Michel, however, says the house carries deep emotional significance because it was the home she shared with her father during his final years.
“The only thing worse than losing a parent is being forced out of the home that you were left by said parent,” she told the New York Post.
She has said she intends to continue fighting.
“Even if all 150 residents want me out, if the law says I can stay, I’ll stay,” Michel said.
The legal dispute remains unresolved. Its outcome could offer a warning to Florida families about what happens when homes in age-restricted communities pass to younger heirs—and whether inheriting a property also provides the right to live there.
