The issue of gun violence has become increasingly common in news headlines across the country, and in turn, has become a hot button topic of debate within community associations. Shareholder Jay Roberts discusses the options community associations have in dealing with this issue with Community Association Management Inside. Jay notes that while Florida has no specific law prohibiting associations from restricting firearms, that still doesn’t mean that boards can do so freely. “Florida courts have held that restrictions in recorded covenants can be invalidated if they violate public policy or a fundamental constitution right. The preambles to several Florida gun rights laws state that it’s public policy that safe gun ownership should be promoted for the safety of home and property.” He also mentions that a ban on gun ownership could be in potential violation of the Second Amendment. So what’s a community association to do? The simple answer, Jay says, is to err on the side of caution and not regulate firearms in their communities. “When you undertake a duty, you have potential liability. You’re going to have an unfortunate accident, or something intentional, and the personal injury lawyer can look to the association and say it didn’t act appropriately to enforce its own private rule.”
Read the full article from Community Association Management Insider.