You’re browsing publicly.
You’re browsing publicly. Statutes, search, and the tools stay open, including a one-off document scan. A free account saves that document, connects it to your association, and lets you compare it later or share it with other members, plus bookmarks and forum posting.
Sign up freeEducational reference only. Not legal advice
Common Elements is not a law firm and does not provide legal services. Plain-English summaries, topic guides, and synced statutory text help you find the right citation faster. Always confirm the current official version on the official leg.state.fl.us (statutes) or flrules.org (administrative rules) before relying on any citation.
Viewing Florida statutes
Fla. Stat. § 768.075
Common Elements summary — Section 768.075 limits the duty owed to a trespasser on real property. A landowner is generally not liable to a trespasser for injuries caused by the condition of the premises unless the landowner's conduct was willful and wanton, or unless the trespasser was discovered (a known trespasser) and the landowner failed to exercise reasonable care to avoid causing harm. For HOA and COA boards this section reduces exposure for injuries to people who are on the property without permission — the teenager who climbs the pool fence after hours, the door-to-door solicitor who ignores a "no trespassing" sign. It does not eliminate the duty entirely, and discovered-trespasser liability remains a meaningful exposure (the most common scenario: a manager sees the trespasser, says nothing, and the trespasser is injured). The protective effect depends on the property being clearly posted and the policy being consistently enforced. Inconsistent enforcement (you toss out the kids you don't like but tolerate the ones you do) creates the discovered-trespasser exposure that 768.075 was supposed to limit.
Not legal advice. Statute reference is for education only. Confirm citations on official sources and consult a Florida attorney for your situation.
Run your governing documents through the compliance scan. It checks them against the rules that apply in your state.
Run the compliance scanFree tools for Florida boards and owners. No account needed.
Free account
A free account adds bookmarks, PDF export, uploaded governing documents, and side-by-side search with Florida statutes.
Common Elements is the platform for the community association industry, centered on the associations themselves: the record of each association, the people and professionals who live in, run, manage, and serve them, and the tools, data, and education they use to work together. It complements the management and accounting software you already use; it does not replace it.
Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (October 12, 2026).
No discussions tagged with Fla. Stat. § 768.075 yet. Be the first to ask a question or share how your association handles this.
Free account. Read statutes without signing in; posting needs an account.
Discussing Negligence; civil liability of certain persons for harm caused to trespassers
Get an email when the text of Fla. Stat. § 768.075 changes. No account needed.
Statute pages break long law into searchable subsections. Upload your CC&Rs, bylaws, and rules for the same experience. Private to your account.
Private to your account. PDF, Word, or paste. Same section finder as statutes.