Can Community Associations Ban Guns In Florida?
In September 2025, Florida’s Supreme Court legalized open carry of firearms. That said, certain private entities still have the right to ban them from their premises, including bars, restaurants, schools, and houses of worship. The question of whether community associations can ban them is a murkier question of law, though as of this writing, it appears that if done properly, they can.
Can Restrict Common Areas
While a community association cannot ban an owner from having guns in their private home or unit, it can ban firearms from its common areas, which includes places like pools, rec centers, parking lots and meeting rooms. The issue for many is the best avenue in which to enshrine these regulations – it can be done either by an amendment to the existing governing documents, or it can be done by a new rule created by the board. Both have their positives and negatives in terms of longevity.
Amendments are generally held to have the force of law, because they require a vote of the ownership, while rules can be made on the basis of “reasonableness.” Usually, a new rule in a homeowners’ association or condo association must address an “existing and legitimate” problem, while an amendment is not required to be so narrowly focused. Regardless, both state and federal law have historically supported private entities of all kinds in restricting firearms on their premises, at least in common areas.
Potential Duties For Association Either Way
If they have the consent of the owners to do so, a community association’s board may amend its governing documents, either to bar firearms or explicitly prevent them. However, it is crucial that they entertain the possible costs to the association that may stem from either choice. For example, if an association chooses to ban firearms in common areas, it may be argued in some scenarios that the association now has the duty to prevent firearms’ presence by installing metal detectors or cameras.
By contrast, if an association permits open carry freely, their insurance costs may rise (or they may be forced to acquire additional coverage to deal with gunshot-related incidents). This cost is then passed on, either in the form of special assessments or in rate hikes for dues. These unforeseen costs can be an unpleasant surprise for community associations and their board members unless they are able – both practically and financially – to plan ahead.
Contact A Tampa Community Association Attorney
Whether or not to permit the open carry of firearms on their premises is a serious decision for an HOA or condo board. The advice of a Tampa community association attorney may help. Attorney Alicia Seward and the Seward Law Office are ready to assist – contact our office today at 813-252-6789 to schedule a consultation.
Source:
tallahassee.com/story/news/2025/09/25/open-carry-legal-florida/86342027007/
