Florida HOA comes under fire over new policy. Here’s why

PORT ST. LUCIE, Fla. – Florida Attorney General James Uthmeier put an HOA in his crosshairs after the organization implemented a new rule that he says violates residents’ rights.

On Thursday, Uthmeier shared a notice that he sent to the HOA, identified as Tradition Community Association, Inc., in Port St. Lucie.

In the notice, Uthmeier said the HOA’ had unanimously resolved that “no person shall carry or possess any firearm or other weapon, whether opened or concealed, on any Common Area owned or maintained by the Association.”

Furthermore, Uthmeier explained that the new rule applies to everyone — owners and guests alike — when they’re in common areas like the town hall, splash pad, or dog park.

However, the attorney general also claimed that this violates Florida state statutes, which provide that employers discriminate against employees or expel customers for exercising their Second Amendment rights.

“Enforcement of its discriminatory policy against anyone for exercising the constitutional right to keep and bear arms will be met with legal action by my office,” Uthmeier wrote.

Per the notice, Uthmeier argued that residents and guests are considered “invitees” under that law, meaning the HOA isn’t legally allowed to expel them simply for bearing arms.

As such, he demanded that the HOA certify to him in writing by June 1 that the rule will no longer be enforced. Otherwise, Uthmeier said, his office will take “appropriate action to enforce the law.”

“This is not New York or California,” he concluded. “In Florida, the right of the people to keep and bear arms ‘shall not be infringed.’”