
Florida’s gun laws changed dramatically this fall. In September, a state appellate court struck down the long-standing ban on open carry as unconstitutional. Shortly after, the Attorney General advised law enforcement that open carry should be considered lawful statewide. Floridians may now openly carry firearms in many public places without the immediate threat of prohibition.
For homeowners’ associations (HOAs), country clubs, and condominium boards, the ruling raises urgent questions: Can residents show up to board meetings armed? Can communities prohibit firearms in clubhouses or common areas? And how can boards maintain safety while respecting individual rights?
Decoding Florida’s Open-Carry Shift
The ruling and Attorney General’s guidance suggest adults may lawfully possess and openly carry firearms in many everyday settings. This does not mean open carry is unrestricted. Firearms remain prohibited in specific places under state and federal law—such as government buildings, schools, courthouses, polling places, and bar areas primarily devoted to alcohol service. It also remains illegal to display a weapon in a threatening or angry manner.
Crucially, private property rights remain intact. Just as a restaurant can post a “No Firearms” sign and enforce it through trespass law, an association that owns private common areas may adopt and enforce rules restricting firearms in those spaces.
In our opinion, the Attorney General’s guidance and related case law apply primarily to public agencies and government property—not to private corporations such as HOAs, country clubs, or condominium associations. Therefore, associations may still adopt rules limiting or restricting weapons on their property, including the clubhouse, pool deck, or other common areas.
A common misconception is that Florida’s ban on firearms at “government meetings” applies to HOA or condo meetings. These associations are private entities, not governmental bodies, and those statutory restrictions do not automatically apply. If a board wishes its meetings to be firearm-free, it must adopt and enforce its own rule under its governing documents.
The Meeting Dilemma
Some associations are considering moving meetings online to avoid uncomfortable or unsafe encounters. While virtual access can help, relying on it exclusively risks alienating members and may conflict with Florida law or governing documents. In-person meetings remain the best setting for collaboration and problem-solving.
Rather than defaulting to Zoom, boards should establish clear, reasonable conduct policies that allow meetings to continue safely and productively.
Practical Steps for Boards
Boards can tailor the following steps to fit their community:
Beyond the Boardroom
Boards may also consider whether firearm restrictions should extend to other common areas such as gyms, pools, or rental clubhouses. Communities with on-site staff should review employee handbooks and workplace-safety policies accordingly.
It’s also prudent to consult your insurance broker. Liability coverage and risk management often go hand in hand, and insurers may expect to see that your community has addressed this new legal environment.
What’s Next
Because this change came through the courts rather than the legislature, lawmakers will likely revisit the issue during the 2026 session. Expect possible statutory “clean-up” measures or further litigation clarifying open carry in private or semi-private settings. Until then, boards should act within their authority to balance safety, rights, and community participation.
The Bottom Line
Florida’s evolving open-carry landscape does not force HOAs, country clubs, or condo boards to choose between safety and collaboration. Associations retain the authority to keep meetings and community spaces safe through clear, consistently enforced rules.
If your board is uncertain how to proceed—or if your governing documents lack authority to regulate firearms—consult legal counsel and consider appropriate amendments.
Edward S. Hammel, Esquire, is Board Certified in Condominium and Planned Development Law. He is part of the Community Associations Practice Group at Sachs Sax Caplan, P.L., which advises boards across Florida on policy drafting, rule enforcement, and risk management. Learn more at www.ssclawfirm.com.
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