Jacksonville — A dispute over age-restricted residency has put an Oakleaf community and its homeowners on edge after a homeowners association sued a 28-year-old resident and proposed a $155,000 special assessment to cover legal bills.
The resident, identified in court filings and interviews as Bethany Michel, said she inherited the home in the Arbor Mill neighborhood after her father, a disabled veteran, died in October 2023. Michel moved into the house in 2020 to care for her terminally ill father during the COVID-19 pandemic, she told reporters.
What the HOA says and what it would mean for homeowners
According to the community governing documents provided to News Block, the neighborhood is governed as a Housing for Older Persons community. The declaration requires that each occupied home include at least one resident age 55 or older and bars anyone under 19 from living in the community. The rules also require homeowners to notify the association of occupancy changes after events such as a death or inheritance.
The association has sued to remove Michel from the community, citing those age-related occupancy rules. The HOA board also put forward a proposal for a special assessment totaling $155,000 to defray legal costs associated with enforcing the community’s age restrictions.
“I 100% am being forced out,” Michel said. “They’re trying to rip my office away from me, too.”
How residents would be affected
If the assessment is approved as proposed, the community’s approximately 155 homeowners would each be asked to contribute about $1,000 toward the legal fund, the resident said. Michel used her social media platform, where she posts restaurant reviews, to raise awareness before a homeowners’ vote on the special assessment.
- Community size: about 155 homeowners
- Proposed assessment: $155,000 total
- Estimated cost per homeowner: about $1,000
Rules, exceptions and enforcement
The declaration allows the HOA board to grant hardship exceptions at its discretion so long as the community remains compliant with federal fair housing requirements, the governing documents state. The community’s declaration specifically references the federal Housing for Older Persons Act, which permits age-restricted residency if certain criteria are met.
Those criteria include having at least one occupant age 55 or older in each dwelling and meeting other statutory requirements; the association says it enforces those standards. Homeowners say they received notice of potential enforcement actions and the special assessment ahead of a scheduled vote.
Local context and next steps
For residents, the dispute raises legal and financial questions: whether the association’s enforcement actions comply with federal housing law and whether the proposed assessment is appropriate to cover legal expenses. Neighbors have a short window to respond before a vote on the assessment, and the lawsuit’s outcome will determine whether the resident remains in the home she inherited.
News Block contacted the homeowners association for comment; representatives did not provide an immediate statement. Court records and the community declaration outline the association’s position and the procedures it follows when occupancy changes occur.
Jacksonville homeowners in age-restricted communities and those dealing with inheritance-related occupancy changes may face similar disputes. The case underscores how HOA enforcement of age restrictions can produce both legal battles and community-wide financial impacts.
