Saturday, July 05, 2003

Twin Rivers Complaint On Line Courtesy of AHRC
The American Homeowners Resource Center has posted on its web site the complaint in the case of Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association here.
The major dispute in this case is whether the actions of homeowner associations are subject to the requirements of the New Jersey state constitution. It is, in other words, the main case in the nation on whether some HOAs should be viewed as quasi-governments for some purposes. This case is filed in Mercer County, New Jersey, and is now at the stage where cross-motions for summary judgment have been filed, and the judge will rule on them perhaps as early as this summer.
I am the expert witness on liability for the plaintiff, Committee for a Better Twin Rivers. The lead plaintiff counsel is Frank Askin, of the Rutgers Law School Constitutional Litigation Clinic, who is one of the nation's leading civil liberties attorneys. His summary judgment brief is a masterpiece. Also representing the plaintiffs is Steven Siegel, who wrote the best law review articles I've ever seen on this issue ("The Constitution and Private Government," 6 William and Mary Bill of Rights Journal 461, published in 1998).
I will keep you up to date on this case as events unfold. This is the one to watch.
Thanks to the folks at American Homeowners Research Center for posting the complaint.

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