Disagreements are part of condo living, but what happens when an owner’s remarks about the board or management cross the line? Boards often struggle to balance protecting free speech with maintaining respectful community standards.
In Illinois, the courts have determined that condo associations are subject to First Amendment protections. That means owners generally cannot be punished for expressing negative opinions about their board or management. Statements like “the board is incompetent” are usually considered protected opinions.
Not all speech is shielded. Associations can take action when comments include:
- False statements of fact (defamation)
- Threats or intimidation
- “Fighting words” that could provoke violence
For example, falsely accusing a treasurer of stealing funds could lead to penalties, provided the board follows proper due process.
Best Practices for Boards
- Evaluate remarks carefully: distinguish opinion from defamatory fact.
- Respond transparently: share facts or context with the community.
- Follow due process: issue notices, allow hearings, and consult counsel before imposing fines.
For a deeper dive into this issue, see Tressler LLP’s article.
Need help navigating these challenges? Haus Financial Services provides expert guidance for condo boards on governance, compliance, and financial management. Contact us today to learn how we can help your association handle disputes with confidence and transparency.
