What if your family left you a house, but you couldn’t actually live in it due to some frustrating red tape? One Jacksonville, Florida, woman’s fight to keep a home she inherited in an age-restricted community raises a very important question: how can someone legally inherit a house but not be allowed to live in it? A Florida attorney who handles homeowners association law told News4JAX the answer turns on the difference between owning a property and occupying it. But the two aren’t the same thing under the law.
The dispute involves Bethany Michel, 28, and her Arbor Mill HOA in the Oakleaf area. Michel inherited the home after her father, a disabled veteran she had cared for, died in 2023. The HOA argues she does not meet the community’s age requirement, which has grown into a lawsuit.
Alejandra Gonzales, a community association attorney with Ansbacher Law, said age-restricted communities can legally limit who lives there. She said Arbor Mill’s governing documents draw a line between owning a home and occupying one. They have a separate provision that requires every occupied home to have at least one resident who is 55 or older.
The case has also produced a proposed $155,000 special assessment to cover the HOA’s legal costs in the suit against Michel, which neighbors were asked to vote on. On July 16, News4JAX reported that the HOA voted to continue the legal battle to remove her. Gonzales noted that, depending on an association’s documents, a board may be able to impose an assessment even over homeowner opposition.
Ownership Versus the Right to Live There
The part of the case that’s making the most trouble is the fact that inheriting the home transfers ownership, not the automatic right to occupy it. Gonzales said Michel can legally inherit the property through the transfer of title because ownership passes to her as the heir. But unfortunately, living there is a separate rule entirely.
Arbor Mill’s documents state that no owner under 55 may occupy a home unless the section’s requirements are met, so Michel’s age, not her ownership, remains the issue. Gonzales said HOA boards are required to follow and enforce their governing documents while staying within state and federal law. Unfortunately, that means there are limited options.
How the Federal 80% Rule Works
Many who heard about the case assumed that federal law forces 55-plus communities to admit some younger residents, which Gonzales called a common misconception. Under the federal Housing for Older Persons Act, a qualifying age-restricted community must ensure at least 80% of its occupied homes have at least one resident who is 55 or older, and it must be intended and operated for older adults. An association that fails those tests can lose its exemption under fair housing law.
The remaining 20% is where the misunderstanding sets in. That share does not entitle younger people to live in the community, Gonzales said, and whether an HOA can grant an exception depends on its own documents and on staying compliant with the federal threshold. In Michel’s case, Gonzales said the ratio at Arbor Mill is not publicly known, so it is possible the community has already used up its allowance for occupants who do not meet the age rule. Either way, it doesn’t look good for Michel in terms of living in the home just yet.