Raul Gastesi, attorney and partner at Gastesi Lopez Mestre & Cobiella, was recently featured in Inc. in an article about a Florida woman facing legal action after inheriting her late father’s home in a 55-and-over community.

Bethany Michel inherited the Jacksonville property after moving there to care for her father. Although she became the legal owner, the community’s governing documents reportedly require that a resident age 55 or older live in the home.

The homeowners association has approved a $155,000 assessment to fund the legal action, requiring each homeowner, including Michel, to contribute $1,000.

As the sole legal expert featured in the article, Gastesi explained that age-restricted communities are designed to provide a specific lifestyle and residential environment.

“You pay for 55-and-over communities so that the people you live with and surround yourself with are 55 and older,” Gastesi told Inc.

He also outlined the difficult choices younger heirs may face when they inherit property in these communities.

“If you’re 30 or 35 and you inherit your parents’ apartment and you can’t live in it, you have two choices: either sell it—meaning you may have to sell it at a discount—or try and find a renter,” Gastesi said.

The dispute highlights an important distinction: inheriting ownership of a home does not always guarantee the right to occupy it. Community rules, fair housing laws and the association’s governing documents can all affect what an heir may legally do with the property.

These conflicts may become more common as older generations transfer homes to younger family members. For owners and heirs, reviewing HOA restrictions as part of estate planning can help avoid unexpected legal and financial complications.

Gastesi’s appearance in Inc. reflects GLMC’s continued involvement in important discussions involving homeowners associations, real estate rights and Florida property law.