Recreational facilities such as pool and clubhouse are always available to residents unless quarterly assessments are delinquent, amenities are closed for maintenance/repairs or the owner’s unit is currently being least. To avoid “dual-usage”, the owner can use the facilities as a guess. If the lessee’s opposes in writing, the owner cannot use the facilities as a guess. See, “Condominium & Homeowner Association have different Rulings for Delinquencies”.
Since the board can adopt reasonable rules & regulation regarding clubhouse usage, see “Condominium & Homeowner Associations Restricting Renters Rights”. The board cannot restict or prevent an owner from the right to peaceably assemble. This means, as long as organized in a peaceful manner, the owner would have the right to use the clubhouse or other community faclities to invite public officers or candidate’s for public office to appear and speak.
If the board impede or obstruct from exercising the right of owners to peaceably assemble, the owner may rightfully bring the action to the local county court. Upon favorable decision by the jurisdiction, the court will enforce the statute 718.123 (1), even if community documments state otherwise. So if anybody is planning a public appearance with Charlie Crist, please let us know.
For supporting document, click here.
718.123 (1): Right of owners to peaceably assemble. 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.
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