HOA Seeks Eviction of 28-Year-Old From 55-Plus Community

A legal battle has emerged in the Freedom at Arbor Mill, a 55-plus community in Jacksonville, Florida, concerning the residency of 28-year-old Bethany Michel. Michel inherited her late father's home in 2023 and has been involved in a standoff with the community's homeowners' association (HOA) because she does not meet the age requirement for residents. The HOA voted to pursue her eviction, citing community bylaws that mandate residents be at least 55 years old.

Michel, who is also a TikTok influencer, brought the dispute to public attention this week. She stated that the HOA is seeking a $155,000 special assessment from residents to fund a lawsuit aimed at removing her from the property. Michel highlighted that this mandatory $1,000 assessment per resident, many of whom are on fixed incomes, is intended to facilitate legal action against her. As the legal homeowner, she is obligated to pay this assessment, effectively funding the lawsuit against herself.

The case raises significant questions about owner rights versus HOA authority, particularly within age-restricted communities. Such communities often operate under the Housing for Older Persons Act (HOPA), which requires at least 80% of occupied homes to have a resident aged 55 or older to maintain their legal status. Certified elder law attorney Evan Farr explained that this 80% threshold is a minimum to protect the community's exempt status under the Fair Housing Act (FHA) and does not mandate that the remaining 20% be allocated to younger residents. Farr also noted that while ownership or title transfer is permissible, it does not automatically grant a right to occupancy in such communities.