Florida/Georgia Personal Injury & Workers Compensation

...We deny the motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place. The issue presented in this case is whether a condominium association rule banning the holding of religious services in the auditorium of the condominium constitutes a violation of section 718.123, Florida Statutes (2002), which precludes condominium rules from unreasonably restricting a unit owner's right to peaceably assemble....

...The new rule provided that "[n]o religious services or activities of any kind are allowed in the auditorium or any other common elements." Appellants filed suit against Grandview seeking injunctive and declaratory relief to determine whether the rule violated their constitutional rights or was in violation of section 718.123, and whether the rule was arbitrarily and capriciously enacted by the Board....

...Based upon the temporary injunction as to religious activities, Grandview amended its rule to limit the prohibition to the holding of religious services in the auditorium. At a hearing on appellants' motion for a permanent injunction against the rule, the appellants relied primarily on section 718.123, which prohibits condominium associations from unreasonably restricting the unit owners' rights to peaceable assembly....

...In its final order denying the injunction, the court determined that because no state action was involved, the unit owners' constitutional rights of freedom of speech and religion were not implicated by Grandview's rule. The court determined that the rule did not violate section 718.123, as the condominium association had the authority to enact this reasonable restriction on the use of the auditorium....

...wise enjoy in separate, privately owned property. Condominium unit owners comprise a little democratic sub society of necessity more restrictive as it pertains to use of condominium property than may be existent outside the condominium organization. Section 718.123(1) recognizes the right of the condominium association to regulate the use of the common elements of the condominium: All common elements, common areas, and recreational facilities serving any condominium shall be available to unit ow...

...Having polled the members and determined that a majority of the members approved the ban, the Board's rule assured that the auditorium was "available to unit owners in the condominium or condominiums served thereby and their invited guests for the use intended" in accordance with the statute. § 718.123(1). The appellants' main argument both at trial and on appeal suggests that because the statute mandates that the Board may not "unreasonably restrict any unit owner's right to peaceably assemble," § 718.123(1), a categorical prohibition of all religious services exceeds the Board's powers, as the right to meet in religious worship would constitute the right to peaceably assemble....

...aster association "for the use and enjoyment of the members of all Sub-Associations, i.e. condominium unit owners;" (e) the use and enjoyment of such areas were subject to rules and regulations promulgated by the master association, *419 pursuant to Section 718.123(1); and (f) the condominium associations and the master association had entered into long-term leases for recreational facilities, which were for the enjoyment of the unit owners....

...r association “for the use and enjoyment of the members of all Sub-Associations, i.e. condominium unit owners;” (e) the use and enjoyment of such areas were subject to rules and regulations promulgated by the master association, *419 pursuant to Section 718.123(1); and (f) the condominium associations and the master association had entered into long-term leases for recreational facilities, which were for the enjoyment of the unit owners....