Defamation and Condominiums: Advice from First Amendment lawyers

Condominium associations can be
breeding grounds for personal conflict. When unit owners have no choice but to
interact with people they dislike – when they feel their intimate living space
is impacted by strangers from whom they can’t escape – the intensity of
ordinary neighborly disputes can be heightened. It is no surprise, then, that
claims of defamation and other speech-based torts often arise in the context of
condominiums.

Condominium associations and
management companies need to consider the following:

  • Be sensitive to
    potential liability for speech-based claims
  • Take advantage of
    protection afforded by the Communications Decency Act (CDA)
  • Establish guidelines
    that  govern online discussion platforms
  • Proceeded cautiously
    when responding to defamatory, as it can help mitigate the risk associated with
    useful, but sometimes thorny online discussions.

To read the complete article as
it appears in REBA News, click here. The article is on page 5.