Age-Restriction Rules Challenge in South Fort Myers Set for Trial

News Press A Gannett Company
August 15, 2011

A 1995 federal law granted communities the right to declare themselves for individuals 55 and older. Miller and Halberg are currently locked in a battle of passions and complications over this law with their homeowner association which insists that “Without rules there is anarchy and disorder.”

Both Miller and Halberg are over 55 years old but they frequently have family and friends who visit and stay at the home as guests. The HOA has issued fines for these guests even though the rules for visitors are vague and largely unenforced. Although both sides have accrued more than $80,000 in legal fees, mediation has failed and the trial is set for October.

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