The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 718
CONDOMINIUMS

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F.S. 718.123

718.123 Right of owners to peaceably assemble.—

(1) All common elements, common areas, and recreational facilities serving any condominium shall be available to unit owners in the condominium or condominiums served thereby and their invited guests for the use intended for such common elements, common areas, and recreational facilities, subject to the provisions of s. 718.106(4). The entity or entities responsible for the operation of the common elements, common areas, and recreational facilities may adopt reasonable rules and regulations pertaining to the use of such common elements, common areas, and recreational facilities. No entity or entities shall unreasonably restrict any unit owner’s right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common elements, common areas, and recreational facilities.

(2) Any owner prevented from exercising rights guaranteed by subsection (1) may bring an action in the appropriate court of the county in which the alleged infringement occurred, and, upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any condominium document or rule which operates to deprive the owner of such rights.

History.—s. 1, ch. 77-222; s. 262, ch. 79-400; s. 2, ch. 81-185; s. 13, ch. 90-151.

F.S. 718.123 on Google Scholar

F.S. 718.123 on Casetext

Amendments to 718.123

Arrestable Offenses / Crimes under Fla. Stat. 718.123

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 718.123.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NEUMAN v. GRANDVIEW AT EMERALD HILLS, INC. a, 861 So. 2d 494 (Fla. Dist. Ct. App. 2003)

. . . holding of religious services in the auditorium of the condominium constitutes a violation of section 718.123 . . . appellants’ motion for a permanent injunction against the rule, the appellants relied primarily on section 718.123 . . . The court determined that the rule did not violate section 718.123, as the condominium association had . . . Section 718.123(1) recognizes the right of the condominium association to regulate the use of the common . . . mandates that the Board may not “unreasonably restrict any unit owner’s right to peaceably assemble,” § 718.123 . . .

GOLDBERG, v. EAST OHIO CONDOMINIUM ASSOCIATION,, 12 F. Supp. 2d 820 (N.D. Ill. 1998)

. . . or when it was enacted, as the Florida statute on which 18.4(h) is presumably based, Fla.Stat. ch. 718.123 . . .

E. SIEGEL, No. v. DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, DEPARTMENT OF BUSINESS REGULATION, 453 So. 2d 414 (Fla. Dist. Ct. App. 1984)

. . . areas were subject to rules and regulations promulgated by the master association, pursuant to Section 718.123 . . .