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‘This is not New York:’ Florida HOA relents after pressure mounts over new policy, AG says

State attorney demanded that HOA not enforce new rule

Florida Attorney General James Uthmeier (Public Record)

PORT ST. LUCIE, Fla.After putting pressure on a Florida HOA to change a new rule, Attorney General James Uthmeier announced on Wednesday night that the group had finally relented.

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

In the initial 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.”

Notice sent to Tradition Community Association by Florida Attorney General James Uthmeier (Public Record)

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.

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

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.

[RELATED: Uthmeier announces new ‘first-in-the-nation’ lawsuit]

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

On Wednesday, though, Uthmeier announced that the HOA had agreed to stop enforcing the provision.

“We are working with the Association to ensure this policy change is permanent and complies with FL law,” he wrote. “For others who’ve reached out about their HOAs, don’t worry, we hear you.”


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