“Candidate Speeches and Events” – News-Press
Q: Some owners in my condominium association have discussed having candidates running for a local office come speak to our members. However, the board of directors has questioned whether this is appropriate. Is it permissible to invite candidates for a political office to come speak to the members of our condominium association? (R.A., via e-mail)
A: Given that Florida is currently in the midst of election season, this is a timely question. Chapter 718, the Florida Condominium Act, addresses this issue. Section 718.123 of the Condominium Act addresses owners’ right to use the common elements, common areas, and recreational facilities serving the condominium and provides in relevant part that “[n]o 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.” The statute also provides that the entity or entities responsible for operating the common elements, common areas, and recreational facilities may adopt reasonable rules and regulations pertaining to their use.
Therefore, the condominium association could not adopt a policy that prohibits owners from inviting candidates for public office to speak to the members using the common elements, common areas, or recreational facilities. However, the owner would have to comply with any applicable rules adopted concerning the use of the facilities.
Therefore, if, for example, your association has a space that owners are permitted to use, an owner could invite a candidate for public office to speak, subject to any applicable rules regarding the use of the space.
Regarding homeowners’ associations governed by Chapter 720, the Homeowners’ Association Act, Section 720.304 of the Homeowners’ Association Act contains similar language to the language contained in the Condominium Act. As such, an owner in a homeowners’ association similarly would have the right to invite a candidate for public office to speak to the members in the common areas or recreational facilities of the homeowners’ association.
Q: My homeowners association recently entered into a bulk agreement with a cable provider to provide bulk internet, video, and television service to the community. I currently receive internet service from a different provider and want to continue to do so. I understand I would have to pay for it separately. Does my association’s new bulk agreement prevent me from buying services from another provider? (J.F., via e-mail)
A: Chapter 720, Florida Statutes, the Homeowners’ Association Act, provides in Section 720.309 that associations have the authority to enter into contracts with telecommunication service providers to provide information services, which include video and internet, to the community on a bulk basis. The association has the authority to enter into such an agreement without a vote of the members.
While the association has the authority to enter into an agreement for bulk services, which are paid for as a common expense, the Homeowners’ Association Act also provides that regardless of that agreement, any resident of a parcel within the community may not be denied access to any available service from another provider if the resident pays that provider directly for the services. Further, the resident and the service provider may not be charged or required to pay anything of value in order to provide such services, other than those charges paid by other similar subscribers.
Therefore, while your association may have entered into a bulk agreement, which you would be obligated to pay for, this does not prevent you from also purchasing, at your own expense, services from a different provider.
For condominium associations, Section 718.1232 of the Condominium Act provides similar rights to residents of a condominium unit.
Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.
