Handling Cyberstalking And Harassment In Florida Condominiums

At Perez Mayoral, P.A., we represent homeowners only—never associations. Life in a condominium community can be stressful enough without harassment from neighbors or board members. Increasingly, that harassment happens online—through emails, text messages, or social media posts. Florida law recognizes these behaviors as cyberstalking, and homeowners have strong legal remedies, including the right to obtain an injunction for protection. If you need help with this or have other issues with your condo or homeowner’s association, our Boca Raton, FL condo lawyer is available to discuss your situation to see how we can help.

Florida’s Cyberstalking Law

Under § 784.0485, Florida Statutes, a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another can face both criminal charges and civil injunctions.

• “Harass” means a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
• A “course of conduct” means a series of acts over a period of time that show a continuity of purpose.
• To obtain an injunction, a petitioner must generally prove two or more separate incidents of stalking or cyberstalking, supported by competent, substantial evidence.

This sets a higher bar than just “annoying” or “uncivil” behavior.

Case Law: How Florida Courts Draw The Line

Cash v. Gagnon

In Cash v. Gagnon, 306 So. 3d 106 (Fla. 4th DCA 2020), a unit owner alleged that his neighbor repeatedly intimidated him—including blocking his ability to leave an elevator while yelling insults. The appellate court explained that repeated hostile conduct like this can constitute stalking if it would cause a reasonable person substantial emotional distress.

Ozyesilpinar v. Jalali

In Ozyesilpinar v. Jalali, 325 So. 3d 289 (Fla. 3d DCA 2021), an association dispute spilled over onto Facebook and in email exchanges. The trial court issued an injunction, but the appellate court reversed because only one incident met the definition of cyberstalking. Florida law requires at least two separate qualifying acts.

Power v. Boyle: “Immature And Uncivil” Conduct Isn’t Enough

In Power v. Boyle, 60 So. 3d 496 (Fla. 1st DCA 2011), the respondent engaged in highly unpleasant conduct: yelling obscenities, making obscene gestures, allowing a dog to urinate on the petitioner’s garage door, writing profane notes, and allegedly destroying plants.

Despite this behavior, the appellate court reversed an injunction because the actions did not rise to the legal definition of stalking or violence. The judges stressed that “immature and uncivil” conduct, without threats of imminent harm, does not justify an injunction.

For homeowners, the lesson is that while courts recognize harassment, the law draws a line: offensive or childish behavior is not enough by itself. The conduct must be repeated, malicious, and cause substantial emotional distress.

Klemple v. Gagliano: Vague Testimony Falls Short

In Klemple v. Gagliano, 197 So. 3d 1283 (Fla. 4th DCA 2016), neighbors clashed over condominium issues. The petitioner claimed the respondent waited in his car near his wife, engaged in arguments, and threw chemicals on his vehicle.

The appellate court reversed the injunction because the testimony was too vague. For example, saying someone “waited in his car” while a neighbor was outside was not enough to prove “following,” especially since the parties lived in the same community. The court emphasized that competent, substantial evidence—not speculation or assumptions—is required.

For homeowners, this case underscores the importance of evidence. If you are being cyberstalked or harassed, vague descriptions won’t carry the day. You need specific incidents, dates, recordings, or witness testimony.

What Florida Courts Require In Cyberstalking Cases

Florida courts have made it clear that not every unpleasant neighbor dispute qualifies as stalking or cyberstalking. To obtain an injunction under § 784.0485, a homeowner must show:

• More than annoying behavior – Courts will not issue injunctions just to “keep the peace” or referee uncivil exchanges. In Power v. Boyle, yelling obscenities, making gestures, and leaving profane notes were considered “immature and uncivil” but not stalking without threats or imminent harm.
• Specific, competent evidence – General or vague testimony is not enough. In Klemple v. Gagliano, claims that a neighbor “waited in his car” were too indefinite to prove stalking, especially since the parties lived in the same community.
• At least two separate incidents – Florida law requires proof of a course of conduct, meaning two or more acts. As held in Ozyesilpinar v. Jalali, a single Facebook post or email will not support an injunction.
• Serious, repeated harassment – When the conduct crosses the line into repeated intimidation or unwanted electronic abuse, courts have upheld injunctions. Cash v. Gagnon illustrates how blocking someone’s movements while hurling insults, done more than once, can amount to stalking.

Finally, one of the most critical requirements is that the behavior serve no legitimate purpose. Courts have reversed injunctions when there was another explanation for the conduct:

• In Caterino v. Torello, photographs taken as part of a county code investigation were a legitimate purpose even though the neighbor disliked being photographed.
• In Ravitch v. Whelan, repeated texts seeking repayment of a loan did not qualify as stalking because debt collection is a legitimate reason for contact.
• And in Klemple, simply being present in the same area of a shared community could not be twisted into “following.”

Bottom line: Florida courts demand proof of repeated, malicious conduct that causes substantial emotional distress to a reasonable person and serves no legitimate purpose. Anything less—petty arguments, isolated incidents, or conduct with another explanation—will not support an injunction.

What This Means For Homeowners

If you’re being harassed online by a neighbor, board member, or anyone in your community:

1. Save everything – Keep emails, screenshots, and copies of texts or posts.
2. Track incidents – Remember, Florida law usually requires at least two.
3. File for protection – § 784.0485 allows you to petition for an injunction against stalking or cyberstalking.
4. Get help – An attorney can frame your evidence to meet Florida’s strict legal standards.

How Perez Mayoral, P.A. Can Help

At Perez Mayoral, P.A., we represent homeowners only—never associations. If you are dealing with cyberstalking, harassment, or an unruly neighbor in your condominium, we can take direct legal action to protect you.

• Force the association to act – Associations often hide behind the excuse that “nothing can be done.” That’s not true. Most condominium declarations contain nuisance clauses, and repeated harassment or cyberstalking is arguably a nuisance. We can force the association to enforce its own governing documents against the offending resident.
• Prepare and file petitions for injunctions – We help homeowners prepare strong petitions for protection under § 784.0485, laying out specific incidents, saving electronic evidence, and matching the statutory definitions of stalking and cyberstalking.
• Handle the hearings – We represent you through injunction hearings, present testimony, cross-examine witnesses, and ensure the court has the evidence it needs to grant protection.
• Seek enforcement – Once an injunction is issued, we can return to court to enforce it if it is violated, including penalties and sanctions against the offender.
• Sue if necessary – If your association refuses to enforce its nuisance provisions, we can sue the association for failing to protect residents. We can also bring claims directly against the offending party for harassment, defamation, or other unlawful conduct.

You don’t have to tolerate repeated harassment—whether it’s in your hallway, your inbox, or on Facebook. We can take the steps needed to stop it, enforce your rights, and hold both the association and the offending neighbor accountable.

The Bottom Line

Cyberstalking is a modern form of harassment that Florida courts recognize. While not every rude remark will qualify, cases like Cash, Ozyesilpinar, Power, and Klemple show the standards courts apply. With the right evidence, you can obtain protection and hold harassing neighbors accountable.

At Perez Mayoral, P.A., we stand with homeowners—not associations. If you are dealing with harassment or cyberstalking in your condominium, contact us today.