Twin Rivers
Should a community association be permitted to regulate a homeowner's ability to post political signs on his (or her) own property or on common elements, use association meeting space, or publish his views in the association newsletter? The Appellate Division in New Jersey handed down a ruling in February saying those activities may well be protected by the New Jersey Constitution's protection of a citizen's right to freedom of expression.
The decsion is expected to be appealed. However, the issues raised are sure to be raised again, and in other parts of the country.
Court Documents
Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association New Jersey Superior Court, Mercer County: Chancery Division/Direct
Complaint (PDF) Brief (PDF from ACLU) Decision (PDF)
Apellate Decsion (PDF) SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, DOCKET NO. A-4047-03T2
News Items
Dissident homeowners get a voice (The Times, Trenton, NJ)
In a National First, New Jersey Court Says Homeowner Associations Must Respect Residents' Free Speech Rights (ACLU Press Release)
N.J. homeowners groups must recognize residents' free speech (First Amendment Center)
Homeowners get nod over association rules (New Jersey Star Ledger)
Victory for dissident residents (NorthJersey.com)
Homeowner boards can't exclude democracy (Star-Ledger Op-Ed)
Audio/Video Broadcasts
New Jersey Homeowners Fight Aesthetic Rules (NPR Audio broadcast)
Prof. Frank Askin - Constitutional Litigation Clinic (On the Commons - MP3))
Articles
Private Condo Groups Subject to Free Speech Rights (ABA Journal E-report)
New Jersey Appellate Court Hands Down Significant Constitutional Ruling 2/06 (Community Associations Institute)
Twin Rivers Establishes Standard for Members' Speech but Is Not Yet Final Word (Hill, Wallack)
Blog Posts
Associations Must Review Speech Limitations Placed on Community Members (Stark & Stark - New Jersey Law Blog)
Twin Rivers, Twin Rivers (CAI Ungated)
New Jersey Twin Rivers Ruling (Governance of Property Owners Association Blog)
Jersey HOAs Subject to State Constitution (Colorado Homeowners Association Law Blog)
CAI's take on the Twin Rivers decision (The Privatopia Papers)
Professor's testimony cited in homeowner's rights case (SkyscraperPage Forum)
Homeowners Association Held to Constitutional Actor For Free Speech Purposes (PropertyProf Blog)
Company Towns and Constitutional Rules (Crescat Sententia blog)
Death of a Company Town (Fantasy Life blog)