Page 6 - Boca ViewPointe - July '23

Page 6, Viewpointe July 2023
May Florida Community Associations And Country

Clubs Pass Rules Regulating Possession Of Firearms?

By Peter Sachs, Founding Partner, Sachs Sax Caplan, P.L. In Florida, state law generally allows individuals as of In addition, there are other considerations regarding
July 1st without having to have a permit to carry a concealed compliance with federal and state fair housing laws, which
As you may have heard, Florida Governor Ron firearm, except in certain locations, such as government prohibit discrimination on the basis of race, color, national
DeSantis signed House Bill 543 into law. This bill buildings, schools, and other restricted areas. However, origin, religion, sex, familial status, and disability. Therefore,
eliminates the requirement that an individual obtain a community associations (both HOAs and Condominiums) if an association’s policy on firearms disproportionately
permit to carry a concealed firearm in Florida. Beginning do have some ability to regulate firearms on their property, affects members of a protected class, it could be deemed
July 1, 2023, permitless concealed carry for lawfully but the extent of their authority depends on various factors discriminatory and subject to legal challenge.
owned weapons will become legal. As a consequence, as we see it. Overall, the extent to which an association may regulate
many of our community association clients have called to First, it’s important to note that Florida law allows firearms on its property depends on various factors, including
ask how this law affects them. In truth, in our opinion, the property owners to regulate or prohibit firearms on their the nature of the regulation, the powers conferred upon the
answer is, it really doesn’t affect community associations. private property. Therefore, a community association, association in its governing documents, and the application
Associations and clubs are generally free to regulate the whether it be a homeowners association which owns or of state and federal law. There is also a practicality aspect,
use of their private property and can, therefore, regulate controls the common areas, or a condominium association such that if an association creates such a rule, it then likely
the keeping and use of firearms on common property. which manages the common elements for the unit owners, has the obligation to enforce it. The problem then is if a
may generally ban firearms on its private property, such as member is carrying a concealed weapon, the association
Attention clubhouses, community centers, and other common areas. would likely not be aware of it, and therefore would be

unable to enforce the rule. An association passing such a rule
Some may say that they have a constitutional right under
Boca Pointe the Second Amendment to carry a firearm, however it is our would be dependent on voluntary compliance with same.
The association would be assuming some liability without
view that community associations are not “state actors” and
Residents! therefore, are entitled to govern their private property in the the ability to compel compliance. Therefore, if you are a
member of a community association and have questions
same way that any other private property owner could.
On the other hand, some may argue that while an about your rights and responsibilities regarding firearms
Flatten All Your Boxes! association or club is not, per se, a “state actor,” there is case on the property, it’s best to consult with an attorney who
Our recycling trucks do not pick up your law to suggest that when an association attempts to enforce specializes in this area of law.
its restrictions in court, that such association then becomes a
From the boardroom to the courtroom, at the seats of

cardboard boxes if they are not flattened. Instead, “state actor” via such court action. While many practitioners government or at a community association meeting, Sachs
they go to trash and are burned with regular refuse.... take the position that this “state actor” analysis only applies Sax Caplan, P.L. offers effective legal and business solutions
lost revenue for residents of Boca Pointe. 
to the enforcement of racial covenants in court, it is certainly to individuals, businesses, not-for-profit organizations,
within the realm of possibility that a conservative court might government agencies and community associations who call
broaden this applicability and attempt to apply the “state Florida home. We have built a significant presence in Florida
actor” analysis to the enforcement of any restrictions that through dedicated, active involvement and leadership in the
On behalf of The Club at Boca Pointe we would like to would run afoul of any rights granted under the Constitution, professional, legislative and civic communities. Learn More
remind our residents that NO walking, running, bicycle including the Second Amendment. at https://ssclawfirm.com/. 
riding or dog walking is permitted on the
golf course or golf cart paths. For safety
reasons, the paths are for golf carts only. Buying or Selling Call PJ for Referrals and Consultation
MARKET IS HOT!!! LOW INVENTORY!!
Thank you for cooperating with The
Club's policy.  PROMENADE 302C SOLD!
Prudence J. (PJ) Carswell

REALTOR EMERITUS 42 Years
Licensed Real Estate Advisor. Licensed CAM
WOULD LOVE YOUR BUSINESS! ª
Licensed Professional Absentee Owner Housesitting
Service Available $50 per month
RESIDENT OWNER OF LA MIRADA VILLAGE AND BOCA POINTE NEIGHBOR
Direct: (954) 242-4260

pjcarswellrealtoradvisor@gmail.com

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