HOA Tries to Evict 28-Year-Old TikToker From 55-Plus Community—Which Side Is in the Wrong?

A legal battle over residency rights in a Jacksonville, FL, 55-plus community has intensified after homeowners' association members voted to pursue the eviction of a 28-year-old woman who inherited her late father’s home.

Her dispute with the Freedom at Arbor Mill community has thrust TikTok influencer Bethany Michel into a legal standoff with the community's HOA.

Michel served as her father's primary caregiver and inherited the property after his death in 2023. But the HOA says that because she is under 55, she's ineligible to reside at the address.

Michel took the dispute to TikTok this week after the HOA sought a $155,000 from residents for a special assessment related to a lawsuit to remove Michel.

"There is a 55-plus community that is so eager to get rid of one of their non-55 residents — myself —that on Wednesday, in order to sue me out of my own home, they’re asking 155 residents on fixed incomes to do a mandatory $1,000 assessment," she said.

As Michel noted, she's not exempt from that $1,000 assessment, either. As the legal homeowner, she says, "I have to pay both sides. I have to pay them to help sue myself."

The case has sparked widespread public debate over the boundaries between owner rights and HOA authority.

The HOA’s authority in such cases is often tied to the Housing for Older Persons Act (HOPA). Under federal regulations, qualifying communities must ensure that at least 80% of occupied homes have at least one resident aged 55 or older to maintain their legal status as age-restricted housing.

But, says certified elder law attorney Evan Farr, "80% is merely the minimum required to protect the exempt status of the community under the FHA; it is not mandatory that the remaining 20% be allocated to younger residents. The 80/20 ratio is a protective shield for the community, not an exception for heirs."

As Farr puts it, ownership, in this case, doesn't necessarily mean a right to occupancy.

"Nothing prohibits transferring ownership or title; however, no owner shall occupy a residence unless the age restrictions set forth therein are met," he explains. "Therefore, if the over-55 requirement is contained in the recorded declaration and has not been modified, Michel inherited the property subject to the same restriction that applied to her father. Simply inheriting a house does not eliminate a recorded occupancy covenant."

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Plz tag every news station or influencer you can think of to help me get this out there 😭😭😭 The meeting is happening Wednesday and I am BEGGING for coverage bc I’ve been dealing with this harassment in silence for almost 3 years now and it’s time for the city to know what’s happening to myself & our 55+ year old residents 😭 #hoa #55pluscommunity #news #jacksonville #duvalcounty

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"Ownership and possession of property can be separated (think of a landlord and tenant), and an heir generally inherits property subject to the same limitations, restrictions, and encumbrances that applied to the decedent," explains Jake Pollack, a partner at Texas law firm Shackleford, Mckinley, and Norton. "So the HOA may be correct that she owns the property but does not have a right to live there. The HOA regulations, the instrument by which her father acquired the property, and applicable law would be relevant to the determination."

Freedom at Arbor Mill's declaration of covenants and restrictions clearly list restrictions on occupancy, stating "homes shall at all times be occupied by at least one person fifty-five (55) years of age or older," but noting that: "Any Owner may request in writing that the Board make an exception to the requirements for an Age-Qualified Occupant of this Section with respect to a Home on his or her Lot, based on documented hardship."

This proviso is why Farr recommends that Michel appeal directly to the board for an exception.

Riley Beam, a managing attorney at Douglas R. Beam, P.A., says these types of disputes are becoming increasingly common as homeowners age and pass on their homes to their children and other younger relatives.

Beam cited a similar case—Nieto v. Mobile Gardens Association of Englewood—in which a group of tenants was forced to vacate for failing to meet the age requirements set forth by an HOA. However, on appeal, a judge ruled that because the age requirements had never been properly incorporated into the current HOA charter, the tenants were allowed to stay.

"If she was genuinely told she would be grandfathered in, or if there were written approvals that applied to her situation, those facts need to be presented forth," says Beam. "There has to be something in writing because a promise by itself won’t stand up in court."

If she's unable to gain a written exemption to the age requirement, Farr says Michel's next best bet might be to find a co-resident who meets the HOA's age requirements.

"The HOA is not attempting to take Ms. Michel's ownership away from her," he said. "They simply want to prevent her from individually occupying her home. Although this distinction seems severe given that Ms. Michel acquired this home from her father, I believe this is likely to be determinative under the reported terms of the covenant."