CAI: New Jersey Appellate Court Hands Down Significant Constitutional Ruling
Thanks to Don Nordeen for this link. The Community Associations Institute has now revised their earlier reaction to the Twin Rivers decision, which I linked to some time ago. Now they have a more detailed legal analysis of the case that emphasizes the ways BODs are still allowed to wield enormous power over residents, even with the constitutional limits on infringing expressive liberties. The lawyer who wrote it, Michael Karpoff, correctly points out that the business judgement rule still applies to non-expressive conduct.

He also emphasizes that "there is no need for governing boards to panic" over the decision. Think about that. If boards had to respect the New Jersey Constitution, they might panic? Why aren't New Jersey's municipal officials in a perpetual anxiety attack? They have been respecting the state Constitution ever since it was written.

Karpoff concludes with this: "Moreover, the Twin Rivers defendants plan to appeal the appellate court's decision to the New Jersey Supreme Court, so the final word on members' speech rights still has not been spoken." So, CAI is still hoping that the New Jersey Supreme Court will silence these disobedient association members for good and all, and put their expressive liberties at the mercy of their board of directors as nature intended. I imagine CAI will drag out the usual parade of horribles that will ensue if HOA members are allowed to display political signs, use their community meeting room, and have fair access to the association newspaper.

I can add one more item to Karpoff's list of reasons for HOA boards not to panic: it's an appellate court decision, and boards frequently disregard those anyway. :-)