Case Comment: Free Speech v. Defamation/Harassment

In a recent case out of Orleans, Massachusetts, the trial and appeals court found that an owner's right to free speech trumped the by-laws of a condo association.

Steven Preu, an owner at Old Colonial Village Condominium Association, had a long-standing history of erratic and disruptive behaviour, which translated into a strained relationship with the board. Things came to a head when Mr. Preu believed that the president of the board allowed his dog to defecate in a 'no-dumping zone' of the common elements. In response, Mr. Preu left bags of feces in the no-dumping zone and labeled these bags with the president's name. On other occasions, Mr. Preu flipped-off management (i.e., the one finger salute), wrote inappropriate comments on his monthly common element fee cheques, posted signs in the condo stating that it was dirty and wedged open fire doors.