Protecting Homeowner Rights and Freedom of Expression in Homeowners’ Associations

Florida Statute 720.304 Editorialized:

Introduction:

Florida Statute 720.304 safeguards the rights of homeowners within homeowners’ associations while emphasizing the importance of preserving freedom of expression and assembly. This statute provides homeowners with the ability to access common areas, display flags of significance, and even take legal action if their rights are infringed upon.

Section 1: Access to Common Areas

(1) Every homeowner within a homeowners’ association has the right to access common areas and recreational facilities intended for their use, along with inviting public officers or candidates for public office to address residents. The statute also emphasizes that reasonable rules and regulations governing these common areas should not unreasonably restrict these rights.

Section 2: Display of Flags

(2) This section empowers homeowners to display certain flags, such as the United States flag, the State of Florida flag, and flags representing various branches of the armed forces. It also permits homeowners to erect flagpoles, provided they adhere to size and location guidelines.

Section 3: Legal Recourse

(3) When a homeowner’s rights under subsections (1) or (2) are violated, this section grants them the right to pursue legal action in the appropriate county court. A favorable adjudication will result in an injunction against any provision within homeowners’ association documents or rules that hinder these rights.

Section 4: Protection Against SLAPP Suits

(4) The statute underscores the importance of protecting homeowners’ constitutional rights to petition for redress of grievances. It explicitly prohibits Strategic Lawsuits Against Public Participation (SLAPP) suits by government entities, business organizations, or individuals against homeowners who engage in civic participation. It calls for an expeditious resolution of such claims and allows for damages and attorney’s fees to be awarded to prevailing homeowners.

Section 5: Access Ramps and Security Signs

(5) Homeowners are given the right to construct access ramps for medical necessity or disability, provided they meet certain aesthetic criteria. Additionally, they can display security service signs near their home entrances.

Section 6: Installation, Display, and Storage of Items

(720.3045) Regardless of association rules, this section permits parcel owners to install, display, or store items on their parcels as long as they are not visible from the frontage or adjacent parcels. This includes items such as artificial turf, boats, flags, and recreational vehicles.

Conclusion:

Florida Statute 720.304 stands as a testament to the importance of preserving homeowner rights, freedom of expression, and assembly within homeowners’ associations. It ensures that homeowners can access common areas, display meaningful flags, and protect themselves from legal actions designed to stifle their civic participation. This statute ultimately upholds the principles of democracy and individual freedoms within community living arrangements.

You can read the full text here: Florida Statute 720.304