Residents in a Jacksonville, Florida homeowners association have approved a $155,000 special assessment to help finance a legal effort aimed at forcing a 28-year-old woman out of the home she inherited from her father.
News4JAX reported that the decision will leave each of the approximately 155 homes in the Arbor Mill neighborhood responsible for about $1,000 as the dispute continues over whether Bethenny Michelle can remain in the property.
Michelle became the owner of the house after her father died. Before his death, she had been living there as his caretaker.
At the center of the conflict is the fact that the home is located within a 55-and-over community. Because Michelle is younger than 55, the HOA argues that she does not meet the residency requirements and cannot continue living there.
Under federal housing rules, communities that claim 55-and-older status generally must meet several requirements, including that at least 80% of occupied units have at least one resident aged 55 or older, and that the community publish and follow policies showing its senior-housing intent. HUD guidance also says the community must verify occupancy through reliable surveys and affidavits, and that records should be kept to support the exemption.
HUD guidance further notes that when a 55-or-older occupant dies and leaves a home to an heir or surviving spouse under 55, the right to possession is generally governed by state or local law and private agreements rather than the federal senior-housing exemption itself. In other words, the HOA’s ability to enforce an age restriction can depend not only on the community’s governing documents, but also on whether it can show it properly qualifies as housing for older persons.
Michelle told News4JAX that her father intended for her to receive the home so she would have stable housing. She also said she had previously been assured that she would be able to remain there long term despite the age rule.
She said it is ‘nearly impossible’ for younger adults in their twenties and thirties to buy a home in the current housing market, which is part of why she believes she should be allowed to stay.
Michelle and several supporters were kept out of the HOA meeting where the assessment was approved, though they remained outside and said they were able to hear portions of what was being said.
According to the report, some people at the meeting supported allowing Michelle to keep the house. Others backed the idea of protecting the development’s 55-and-older designation and moving forward with the fee to fund legal action.
One nearby resident, William Buck, criticized the move and said the wider neighborhood should not be expected to pay for the case.
‘I don’t believe that this is the right thing to do,’ he said.
Buck also said the cost was being imposed on ‘the majority of the people’ even though, in his view, only ‘a few people’ were pushing for Michelle to be removed.
Even with the legal fight escalating, Michelle has said she does not plan to move out. She has described the property as deeply meaningful because of the time she spent there caring for her father.
‘Love y’all, even though I didn’t like me,’ she said, addressing her neighbors directly.
“I would take care of you and you will live the rest of your life watching me thrive. Whether you’re happy with it or not, I’m going nowhere.”
The outlet also reported that the vote to create the six-figure legal fund was effectively made by just five board members on behalf of the community, an issue that Michelle’s supporters continue to challenge.
If the Arbor Mill community ultimately cannot prove it still meets the requirements for housing for older persons, its senior-housing exemption could be put at risk. But if it does meet those requirements, federal law allows it to limit occupancy based on age while still recognizing certain exceptions and edge cases that can arise when homes are inherited.