Florida Ct. Rules on Constitutionality of “Prior Restraints” That Prohibit Homeowner Postings about HOA on Internet

Florida Appellate Court decision (July 21, 2017).

This case involved efforts by a homeowners association (“Association”) to stop a homeowner (“Owner”) from utilizing the internet to voice his displeasure over the quality of life within the community governed by Association.  Initially, Association filed a lawsuit against Owner which sought injunctive relief to prevent the posting, circulating, and publishing pictures or personal information about current or future residents, board members, management, employees or personnel of the management company, vendors of Association, or any other management company of Association, on any website, blog, or social media.  Association contended that Owner’s conduct was intended to harass, intimidate, and threaten other residents of the community. After filing the action, Association obtained an ex parte preliminary injunction against Owner to prevent certain actions from continuing. Thereafter, the parties entered into a settlement agreement in which Owner agreed to cease certain actions. The court then entered a judgment against Owner enforcing the settlement agreement.