Fla. Stat. § 720.304

Right of owners to peaceably assemble; display of flag

assemblyfree-speechflag-displaymember-rightsgovernance

Plain-English summary

Common Elements summary — Section 720.304 protects two distinct member rights against association overreach. First, homeowners have the right to peaceably assemble on association property — meaning the board cannot prohibit members from meeting in common areas to discuss community business, organize politically, or pursue collective action. The board can impose reasonable time, place, and manner restrictions, but it cannot ban member assembly outright. Second, the section establishes statewide protections for the display of certain flags. A homeowner may display in a respectful manner the United States flag, the Florida state flag, the flags of the United States Army, Navy, Air Force, Marines, Coast Guard, Space Force, and POW-MIA, regardless of any covenants or rules in the governing documents. The flag may be no larger than 4½ feet by 6 feet. Religious and political flags are NOT covered — the protection is narrow. For boards: the assembly right is the more frequently litigated half. A board that locks the clubhouse to prevent an owner-organized recall meeting has likely violated 720.304 and triggered a potential injunction plus fees. The right answer is to allow the meeting and let democracy work.

Not legal advice. Click through to the official source for statutory text.

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