Can You Inherit a Home but Not Live in It? A Simple Guide

JACKSONVILLE, Fla. – After News4JAX reported on a Jacksonville woman fighting to stay in the home she inherited in a 55-and-older community, viewers flooded social media with one big question: How can someone legally inherit a home but not be allowed to live in it?

The answer, according to a Florida attorney who specializes in homeowners association (HOA) law, comes down to the difference between ownership and occupancy (owning vs. actually living in a place).

The Story Behind the Question

Here’s what sparked the confusion:

• Bethany Michel, 28, has been battling her Arbor Mill homeowners association in Oakleaf since her father died in 2023.
• Her father was a disabled veteran.
• Michel inherited the home after serving as her father’s caregiver.
• The HOA argues she no longer meets the community’s age restrictions.

Ownership Doesn’t Automatically Mean the Right to Live There

Alejandra Gonzales, a community association attorney with Ansbacher Law, explained that age-restricted communities following state and federal law are legally allowed to restrict who may live in the neighborhood.

“As long as they’re following the requirements of federal and state law, they are allowed to have these sorts of restrictions.” – Alejandra Gonzales

The Arbor Mill community rules make a clear split between:

• Owning a home
• Occupying (living in) a home

Another rule in the community’s documents says every occupied home must have at least one resident who is 55 or older. One section states:

“No owner under the age of 55 may occupy a home unless the requirements of this section are met.”

That’s why Michel can legally inherit the property but may still be prohibited from living there.

“She can still own the property, and that’s why she could inherit the property via the transfer of title,” Gonzales said. “However, no owner under the age of 55 may occupy a home unless the requirements of the section are met.”

How the Federal 80% Rule Works

Many viewers asked: Doesn’t federal law require 55-plus communities to allow younger residents?

Gonzales says that’s a common misconception.

Under the federal Housing for Older Persons Act (HOPA):

• Qualifying age-restricted communities must ensure at least 80% of occupied homes have at least one resident who is 55 or older.
• Communities must also be intended and operated for older adults.

If an association fails to meet those requirements, it could lose its exemption under federal and state fair housing laws.

But here’s the catch:

• The remaining 20% does not automatically let younger residents live there.
• Gonzales said we don’t know Arbor Mill’s exact ratio. “Perhaps they have already met that remaining percentage.”
• Whether the HOA can allow an exception depends on its governing documents and whether it would stay in compliance with federal law.

Special Assessment Vote

The legal fight has also led to a proposed $155,000 special assessment (a one-time fee) to help pay the HOA’s legal expenses in the lawsuit against Michel.

• Homeowners are being asked to vote on the assessment Tuesday evening.
• Gonzales said that, depending on the association’s documents, the board may be allowed to approve the assessment even if homeowners oppose it.
• “The board may be allowed to impose that assessment on their own with a board vote,” she said.

Ultimately, HOA board members must follow and enforce the community’s governing documents while complying with state and federal law.

The Arbor Mill HOA previously declined to comment on the lawsuit or the proposed special assessment. News4JAX will update the story with the vote results once available.

Important Points to Remember

• Owning a home and living in it are treated differently in age-restricted communities.
• Federal law (HOPA) requires 80% of occupied homes to have a 55+ resident, but does not force communities to fill the other 20% with younger people.
• HOA boards must follow their own rules plus state and federal law, even when unpopular.

Summary

A young woman inherited her father’s home in a 55-and-older community but may not be allowed to live there because the rules separate ownership from occupancy. A Florida attorney explained that age-restricted communities can legally enforce these rules if they follow state and federal law. The federal 80% rule does not guarantee younger residents can move in. Meanwhile, the HOA is asking homeowners to vote on a $155,000 fee to cover legal costs, though the board might approve it alone. The HOA has not commented, and the vote outcome is pending.

FAQ

1. Can someone own a home in a 55+ community but not live there?
Yes. Ownership and occupancy are different. A person can inherit and own the home, but community rules may stop them from living there if they don’t meet the age requirement.

2. Does federal law force 55+ communities to accept younger residents?
No. The Housing for Older Persons Act requires 80% of occupied homes to have a 55+ resident, but the remaining 20% is not an automatic right for younger people to live there.

3. What is a special assessment?
It is a one-time fee charged to homeowners, often to cover unexpected costs like legal fees. In this case, it is $155,000 proposed to pay for the lawsuit.

4. Can the HOA charge the fee even if homeowners vote no?
Possibly. Depending on the community’s governing documents, the board may have the power to approve the assessment on its own.

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