A 28-year-old woman in Jacksonville, Florida, is locked in a legal battle with her homeowners association after inheriting her late father’s home in a community restricted to residents aged 55 and older. Bethany Michel, who moved in with her father in 2020 to care for him during the pandemic, now faces an effort by the Freedom at Arbor Mill HOA to evict her.
HOA Approves Special Assessment for Legal War Chest
At a recent meeting, the HOA board approved a $1,000 special assessment for each of the community's 155 lots to fund a $155,000 legal campaign. As a homeowner, Michel is required to pay this assessment, which will then be used by the HOA to pursue her eviction. Her attorney, William “Billy” Davie, stated that this move forces Michel to contribute to the legal costs of the lawsuit filed against her.
Residents must pay the $1,000 by August 31 or face monthly installments, late fees, and additional legal costs. Davie expressed concern that the assessment places a financial burden on elderly residents, many of whom may be on fixed incomes.
Community Rules and Federal Regulations
Michel inherited the home from her father, who purchased it in 2020. A Duval County probate judge officially ruled in March 2025 that the home belonged to her. The HOA claims it must enforce its 55-plus status under the federal Housing for Older Persons Act (HOPA). However, HOPA allows for a 20% cushion for heirs who are under the age limit.
According to Michel's attorney, the HOA's own governing documents also allow for exceptions for heirs upon an owner's death. Michel believes she is the only resident under the age limit in the 155-unit community, meaning the HOA is far from violating the federal 80% occupancy threshold.
Allegations of Harassment and Legal Strategy
Michel reported experiencing "absolute harassment" since 2023. She alleges the HOA revoked her access to community amenities, refused electronic payment of her dues, and sent real estate agents to encourage her to sell. The HOA board has reportedly refused to provide evidence supporting its claims.
Davie suggested that the substantial legal fund being raised indicates the HOA's awareness of a weak legal position. He speculated that a straightforward case would not require such a large sum, implying that attorneys may have advised the board of a likely loss. Michel stated she wishes to remain in the home for sentimental reasons, its low interest rate, and for peace.
Board members James Kazmierczak, John Chapman, and Tammy Megowan declined to comment. Frank Dinucci and Bill Goff did not respond to requests for comment. The HOA’s management company, the CAM Team, also did not respond.