Recently, a New Jersey court issued a decision regarding homeowner associations that has caused quite a stir among associations, owners, and professionals serving associations.
At the beginning of this month, the court reviewing Committee for a Better Twin Rivers v. Twin Rivers Homeowners’ Association held that New Jersey’s constitutional provisions regarding freedom of expression apply to the state’s homeowner associations.
CAI has a take on the case on its website and its weblog. The American Bar Association also had this to say.
This is probably not the last we will see of cases like this. Remember that homeowner associations are relatively new to both the courts and the legislature. The increased focus on associations in both venues in recent years is, therefore, not surprising and really does not have to be viewed as negative. There may be growing pains but remember that as responsible board members and association professionals we have the duty and the privilege to be a positive force in shaping the community associations of the future.