A grieving daughter is locked into a brutal battle with her HOA as she claims they are attempting to force her out of the elderly community after she inherited her late father’s home.
Bethany Michel, 28, moved into her father’s home in a Florida housing community six years ago to care for him as he suffered from a terminal illness.
After he died in the fall of 2023, she took solace in being able to stay in his home until hurdles from the Homeowners’ Association at Arbor Mill in the suburbs of Jacksonville made it increasingly difficult.
Michel, who has over 75,000 followers on TikTok, put out a call to action on social media earlier this week, explaining the situation and asking for help.
‘In order to sue me out of my own home, they’re asking 155 residents who are over the age of 55 on fixed incomes to do a mandatory $1,000. My HOA wants every single resident to pay $1,000 to foot their financial bill,’ she said.
Michel claimed that the fees were to cover the HOA’s attorney fees in a legal battle against her.
She added that residents received a notice that if the payment was not made by August 30, the board would add a $100 increase to monthly fees for the next 10 months.
‘They’re trying to financially force me out of my own home,’ Michel said.
Bethany Michel, 28, has been locked in a legal dispute with her HOA after she inherited her father’s home from his 55 and over community
Michel moved into the Arbor Mill residences to help care for her terminally ill father six years ago, and inherited it in 2023 after he died
Michel’s father died a few years after she moved in to help care for him. She said it was his ‘dying wish’ for her to stay in their home
‘This needs to be documented. People need to know what’s going on in their own backyard. There are 154 homes, and they’re all on fixed incomes.’
Michel told local Florida outlet News 4 Jax that she has been locked in a legal dispute with her HOA for nearly three years.
The saga began just a few months after her dad died, when she received a letter that she no longer met the housing community’s age requirements.
The federal Housing for Older Persons Act allows elderly communities serving the elderly population to restrict residency based on age, requiring at least one person in the home to be over 55.
Arbor Mill requires that every home have a resident who meets the age requirements and prohibits anyone under 19 from living in the community.
However, Michel said that she was ‘grandfathered in’ when she moved in with her father and that his dying wish was for her to keep the home.
‘My dad’s biggest concern was something would happen to him,’ she told News 4 Jax.
‘Every upgrade we made, he said, “This is going to be for you one day.” It’s so sentimental. I sleep with the same pillow in the same bed that he did every day.’
Michel said she believed she would be ‘grandfathered in’ after her father died, but was hit with a notice that her home did not meet the age requirements
The community prohibits anyone under the age of 19 from living there and requires each home to have one resident over the age of 55
Michel has refused to give up the home she shared with her father without a fight. Her legal battle against the HOA has incurred legal fees, which she believes the board is forcing residents to pay with the $1,000 ‘special assessment fee.’
A notice published by News 4 Jax was sent to residents on July 1 and read, in part: ‘The special assessment is specifically to pay for legal services necessary in the defense and enforcement of the Association’s 55+ community status under state and federal law.’
William Baltaza told the publication that he believes a majority of the residents would rather have Michel stay than have to fork over $1,000 to the HOA for legal fees.
‘As a person who has kids, I don’t believe that this is the right thing to do, to just kick her out and take her out. The majority of the people here disagree with this. There are very few people that are really pushing it,’ he said.
Residents had the opportunity to voice their concerns at a meeting on Wednesday. Michel shared an update on her Instagram that the five board members voted on the measure without consulting the residents.
‘Residents stood outside in 90°+ Florida heat for nearly 2 hours, believing their voices would be heard and that we’d all have a vote on a proposed $1,000 special assessment,’ she said.
Michel said that after she pursued legal action, the HOA asked every resident to pay a ‘special assessment fee’ of $1,000, which she believes will go to legal fees
‘It wasn’t until the meeting began that everyone learned the 155 homeowners would not be voting. The decision rested solely with the five board members.’
Michel added that residents were limited to sharing comments and demanded that the HOA be transparent.
‘Residents deserve to know how decisions affecting their homes and finances are being made. This chapter may be over, but the fight isn’t. Now we fight,’ she concluded.
The Daily Mail has reached out to Michel and the HOA board for additional comment.
