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February 9, 2006
NJ Case Moves Association's Closer to Government Standards
A recent appellate decision in New Jersey is a case that is going to make its way across the country in very short order. To read the details of the case, visit the New Jersey Law Blog. Basically, the court determined that "private entities", in this case a homeowner's association, could not limit an owner's constitutional rights to ceratin freedoms of expression.
This case is going to be debated by attorney's all over the country and board's are going to have to take a serious look at rules and regulations that deal with political signage, flyers related to board elections, flags, and petitions by owners. The courts determined that the "business judgment" rule was not the standard to apply.
As a manager, you might want to take a look at certain restrictive rules and regulations of your associations. A new opinion might be order from the association's attorney.
Posted by joewest at February 9, 2006 12:31 PM