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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118708
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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At what point in time does an otherwise legitimate question

Customer Question

At what point in time does an otherwise legitimate question and/or communication for information rise to harassment?
There is a fine line between communicating for a legitimate purpose and doing so for reason of harassments.
Harassment is defined in part as : "the act of systematic and continued unwanted and annoying actions of one party or group including threats and demands." The purpose can include: " the sadistic pleasure of from making someone fearful or anxious".
Scenario: A condo guest claiming to be an owner declares to a condo employee who swears an affidavit to that effect, that he will make the President life "Hell". then proceeds to continually raise issues, which independently may appear innocent but cumulatively constitute considerable aggravation. Is that harassment under the law?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Harassment legally is designed as conduct that serves no purpose other than to annoy or harass or embarrass. Under FL law it is defined as "Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. See: FS

So if the guest has no legal rights then him making requests which he has no right to make would serve no purpose other than to annoy or harass.

It is not harassment if he has legal standing to raise the issues, but without any legal standing he can be ignored and given a letter demanding he cease and desist and if he refuses, then you could file for a restraining order preventing him from continuing to annoy or harass the association.

Customer: replied 1 year ago.

There is a point at which legal rights that are "abused" by excessive demands becomes harassment. Is there any case law on he subject?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

The only way legal rights are abused would be if the person continues to make legal claims which have no basis in law or fact and then they would be deemed a vexatious litigant. See FS 68.093.

However, if someone is making complaints or claims that they have a legal right to make, even if they make 1000 of them, it is not abuse for them to continue making those demands.