Arbor Mill HOA Approves $155,000 Assessment to Oust 28-Year-Old Heir Over 55-Plus Rule

Q: When one homeowner sues an HOA, can all other residents be forced to pay thousands in legal fees?

Yes. In Florida, when a homeowner sues an HOA, the association’s legal bills are typically paid from HOA funds, which come from all owners through regular dues or a special assessment. That means even residents who have nothing to do with the dispute can end up paying. In the Arbor Mill case, the board proposed a $155,000 special assessment—about $1,000 per home—to cover litigation costs. Whether that assessment can be imposed depends on the HOA’s governing documents and whether the board followed Florida legal requirements on notice, voting, and authorization. In some communities, the board can levy such an assessment even if many owners object. The risk does not depend only on who wins. If the HOA spends heavily defending the case, owners may still bear those costs. If the homeowner wins, Florida law and many HOA documents may require the HOA to pay the homeowner’s attorney fees as the prevailing party, which again can fall on the membership as a whole. Homeowners are not without options. They can review the declaration, bylaws, and budget records, challenge an improperly adopted assessment, and question whether the board is using funds for the stated purpose. Florida law also gives owners rights to inspect records and, in many disputes, requires presuit mediation. So the short answer is that other residents can be forced to help pay thousands in legal fees, but only if the HOA has legal authority to charge those costs and follows the required procedures.

Q: Can inheriting a home in a 55+ community legally bar you from living on the property you now own?

Yes. In a legally compliant 55-and-older community, inheriting title to a home does not automatically give the heir the right to live there. The key distinction is between ownership and occupancy. A person can lawfully inherit and own the property, but the homeowners association may still enforce age-based residency rules written into the community’s governing documents. In the Jacksonville dispute, Arbor Mill’s rules require at least one resident in an occupied home to be 55 or older and state that an owner under 55 may not occupy the home unless that requirement is met. Federal law allows this. Under the Housing for Older Persons Act, a community can qualify as 55-plus housing if at least 80% of occupied units have at least one resident who is 55 or older, and if the community is intended and operated for older persons. That 80% threshold is often misunderstood: it does not give younger owners an automatic right to live in the other 20% of homes. Communities may adopt stricter occupancy rules, and those rules can be enforceable if they comply with state and federal law. That means an heir under 55 may be able to keep, rent, or sell the home, but still be barred from residing there. Whether any exception applies depends on the HOA’s recorded covenants, bylaws, and any documented waiver or grandfathering provision. Without clear written proof of an exception, courts often look to the governing documents and whether the HOA is enforcing them consistently.

3 articles · Updated · WJXT News4JAX · Jul 16

$155,000 in legal funding was approved by Arbor Mill HOA on Tuesday, triggering a $1,000 charge for each resident as it pursues a lawsuit to remove Bethany Michel from her inherited home.
Michel, 28, says she was told she could stay after inheriting the house from her father, whose 2023 death left her in a community that bars residents under 55.
Residents showed a split over the fight, with some backing the age restriction and neighbor William Baltazar saying most homeowners oppose forcing Michel out.
The vote deepens a dispute over whether a 55-plus community should make an exception for an heir who was also her father's caretaker; Michel says she will not leave.