ILLINOIS – Can condo bylaws bans on “noxious or offensive activities” be used to stifle free speech?
Yes, according to attorney Howard Dakoff. So how do you like that?
“A bylaws provision that prohibits noxious or offensive activities that are an annoyance or nuisance to other unit owners or occupants is a common provision. Such provisions are routinely board-enforced and upheld by courts. Unit owners have the right to free speech, but boards have the right to fine unit owners for exercising such speech if it harasses or becomes a nuisance to other owners.”