(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.
Structure Florida Statutes
Title XL - Real and Personal Property
Part I - General Provisions (Ss. 718.101-718.129)
718.1035 - Power of attorney; compliance with chapter.
718.104 - Creation of condominiums; contents of declaration.
718.1045 - Timeshare estates; limitation on creation.
718.105 - Recording of declaration.
718.106 - Condominium parcels; appurtenances; possession and enjoyment.
718.107 - Restraint upon separation and partition of common elements.
718.1085 - Certain regulations not to be retroactively applied.
718.109 - Legal description of condominium parcels.
718.110 - Amendment of declaration; correction of error or omission in declaration by circuit court.
718.115 - Common expenses and common surplus.
718.116 - Assessments; liability; lien and priority; interest; collection.
718.117 - Termination of condominium.
718.119 - Limitation of liability.
718.122 - Unconscionability of certain leases; rebuttable presumption.
718.1224 - Prohibition against SLAPP suits.
718.1225 - Federal Condominium and Cooperative Abuse Relief Act of 1980; applicability.
718.123 - Right of owners to peaceably assemble.
718.1232 - Cable television service; resident’s right to access without extra charge.
718.124 - Limitation on actions by association.
718.1255 - Alternative dispute resolution; mediation; nonbinding arbitration; applicability.
718.1256 - Condominiums as residential property.
718.1265 - Association emergency powers.