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Imagine inheriting a home and trying to live there, only to find out the neighbors are so upset at your presence that the HOA approved a mandatory $155,000 assessment to try to force you out.
This is exactly the situation a Florida influencer is currently facing. According to multiple Instagram and TikTok posts by a 28-year-old content creator, Bethany Michel, she inherited her father’s home, but the HOA voted to assess a mandatory fee to bring legal action to force her to leave.
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“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,” Michel said in an Instagram video.
While this may sound ridiculous, the reality is that lawyers say the community may have every right to move forward with this plan. And the question of whether Michel should be allowed to stay isn’t as clear-cut as it seems.
Why is the HOA trying to force Michel out?
Michel’s HOA wants the young influencer out of her home for a very simple reason. The house is in Freedom at Arbor Mill, which is a 55+ community.
And, as the neighborhood’s declaration of covenants and restrictions clearly states, “Each occupied Home shall at all times be occupied by at least one person fifty-five (55) years of age or older.“
While Michel explained that her father signed an addendum, which People indicated it had viewed, the addendum allows Michel to retain ownership of the home, but it’s not clear from the document if she’s allowed to continue living there.
The HOA board clearly believes she isn’t, and voted yes to the assessment on Wednesday, July 15. While HOA assessments are a common way to raise money to address neighborhood issues, Michel is concerned that the board voted on this without a neighborhood-wide vote, and fears some of her neighbors may struggle to come up with the extra money.
“Beyond my personal situation, what concerns me most is the impact this has on the community as a whole,” Michel said in an email to People. “Many of my neighbors are seniors on fixed incomes, and this assessment could have significant financial consequences for them.”
Plus, according to Realtor.com, Michel also must pay that $1,000 fee, so she has to “pay them to help sue myself.”
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Does Michel have a right to stay?
Since Michel is 28 and the neighborhood’s governing documents are clear that the community is for residents 55 and over, the question is whether she’s in the right. Unfortunately for Michel, most experts think the HOA has the stronger case.
“Many people assume that inheriting a home also means inheriting the unrestricted right to occupy it. That’s often not the case in age-restricted communities,” William Plevy, an attorney and real estate broker, told Moneywise. “Ownership and occupancy are separate issues. An individual may be able to inherit ownership of the property while still being subject to restrictions on who may live there.”
Plevy explained that the federal Housing for Older Persons Act (HOPA) gives communities a right to enforce age-based occupancy requirements, and Annamarie G. Gentile, a supervising partner and founder of Angiuli & Gentile, LLP in Staten Island, agrees.
In fact, Gentile told Moneywise that under this law, “55 and older communities are required to ensure that a minimum of 80% of the community’s units have a resident who is at least 55 years of age.”
Both Plevy and Gentile said the specific community covenants define both Michel’s rights and responsibilities. And those covenants do allow homeowners to request hardship exceptions to the age requirements. [a]So, Michel could potentially argue she’s experiencing hardship, but talking to a lawyer is likely her best bet.
“It’s imperative for anyone inheriting a home in a 55+ community to seek guidance as early as possible as to the particular CC&Rs of that community,” said Gentile.
Does Michel have any options?
If the community isn’t willing to grant Michel a hardship exemption, Michel may find herself facing a (likely) losing court battle.
Gentile explained that Michel “stands in the shoes” of her dad who she inherited from. Since her dad was contractually bound by the HOA’s rules, the transfer of the home because of his death “does not bestow any greater rights on the person who inherits.” Michel must follow the same rules unless she can find legal grounds not to.
“The strongest arguments would likely focus on whether the community has consistently enforced its governing documents and whether it continues to qualify for the legal protections afforded to age-restricted communities, “ Plevy said. “Likewise, if the association has previously allowed similar exceptions or has not consistently enforced its restrictions, those facts could become relevant.”
Still, Plevy said these arguments are likely to be a stretch. And since the neighborhood’s bylaws are clear, legal options may be limited.
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So, if Michel truly wants to spare her neighbors the $1,000 assessment fee, she may want to look to sell or rent to someone who does meet the age-based requirements — and who hopefully will get a warmer welcome at the next HOA event.
This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
