Florida Statute 718.123 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 718.123

Total Results: 3

Neuman v. GRAND VIEW AT EMERALD HILLS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2003-12-03

Citation: 861 So. 2d 494, 2003 WL 22849878

Snippet: condominium constitutes a violation of section 718.123, Florida Statutes (2002), which precludes condominium

Siegel ex rel. Towers of Quayside No. 2 Condominium v. Division of Florida Land Sales & Condominiums, Department of Business Regulation

Court: District Court of Appeal of Florida | Date Filed: 1984-06-19

Citation: 453 So. 2d 414, 1984 Fla. App. LEXIS 13903

Snippet: the master association, *419pursuant to Section 718.123(1); and (f) the condominium associations and the

Siegel v. DIV. OF FLA. LAND SALES & CONDOS.

Court: District Court of Appeal of Florida | Date Filed: 1984-06-19

Citation: 453 So. 2d 414

Snippet: the master association, *419 pursuant to Section 718.123(1); and (f) the condominium associations and the