JACKSONVILLE – A Jacksonville social media influencer says she’s being forced out of the home her late father left her after a homeowners association in an Oakleaf 55-and-older community sued to remove her from the neighborhood and proposed charging residents a $155,000 special assessment to help pay legal fees.
   

She said the HOA wants each of the community’s approximately 155 homeowners to contribute about $1,000 toward legal costs associated with enforcing the community’s age restrictions.

“I realized I had 48 hours before a special assessment was voted on,” Michel said. “I just did what I know to do and I posted about it on social media.”

According to the community’s governing documents, every occupied home must include at least one resident who is 55 or older. The declaration also prohibits anyone under 19 from living in the community and allows the HOA board to grant hardship exceptions at its discretion if the community remains compliant with federal fair housing requirements. Homeowners are also required to notify the association of changes in occupancy after events such as a death or inheritance.

The community’s declaration states the neighborhood is intended to comply with the federal Housing for Older Persons Act, which allows qualifying communities to restrict residency based on age if at least one occupant in each home is 55 or older and the community meets other federal requirements.

Michel argues her circumstances are unique.

She said the home’s builder was aware her father intended to leave the home to her and assured the family she would be “grandfathered in” after his death. She said she has never seen documentation confirming that arrangement.

“My dad’s biggest concern was something would happen to him,” Michel said. “His dying wish was that this house would be left to his daughter.”

Less than three months after her father’s death, Michel said she received notice reminding her she no longer met the community’s age requirements and was asked to move.

The dispute has since evolved into litigation.

“Every upgrade we made, [my dad] said, ‘This is going to be for you one day,’” Michel said. “It’s so sentimental. I sleep with the same pillow in the same bed that he did every day.”

Michel said she has lost access to neighborhood amenities, including the pool, gym and clubhouse, while the lawsuit continues. She also questions whether homeowners on fixed incomes should be required to help finance the legal battle.

The case also raises broader questions for families who inherit homes in age-restricted communities.

Although ownership of a home may transfer through inheritance, the community’s governing documents make clear that ownership does not automatically grant the right to occupy the property if age requirements are not met. The declaration specifically states that owners under 55 may own property but cannot live there unless the occupancy requirements are satisfied.

Michel said she hopes her case encourages other residents to think about what happens when a homeowner dies.

“Everyone here is one day, one breath, one year away from that question,” she said. “People need to think about what happens to their families.”

Neighbors could help pay legal costs

The legal dispute has now expanded beyond Michel.

Michel said many neighbors have told her they oppose paying for the lawsuit.

“I think people have a stronger desire not to pay $1,000 than they do for me to leave,” she said.

Her next-door neighbor, Bob Stadler, agrees.

“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 Michel has never caused problems in the neighborhood.

“I never know she’s even there,” he said. “If she wants to stay, let her stay. If she wants to move, let her move. But don’t force her out.”

What the law says

Arbor Mill is governed as a 55-and-older community under the federal Housing for Older Persons Act (HOPA).

The law requires at least 80% of occupied homes to have at least one resident who is 55 or older. The remaining 20% provides flexibility for situations involving younger spouses, caregivers or inherited homes. However, individual homeowners associations may adopt stricter occupancy requirements through their governing documents.

According to Arbor Mill’s recorded declaration, every occupied home must have at least one resident who is 55 or older. While younger individuals may inherit ownership of a home, ownership alone does not automatically grant the right to live there if the occupancy requirements are not met.

Michel believes her case highlights an issue many families could eventually face.

“For them to tell me to pick my life up and just get out because that’s what they want, that’s not right,” she said.

News4JAX reached out to the Arbor Mill HOA and its management company for comment on the lawsuit, the proposed special assessment and whether alternatives had been considered. They declined to comment.

The HOA board is expected to consider the proposed special assessment during its meeting Wednesday evening.