Friday, July 27, 2007

NJVoices: Frank Askin reacts to the Twin Rivers decision
Frank Askin, who represented the plaintiffs in the Twin Rivers case, has a not-so-negative take on the ruling, even though it was against his client, the Committee for a Better Twin Rivers, as to the three specific HOA restrictions on resident expressive liberties. Frank thinks the ruling establishes an important principle: that residents can make such claims against private HOAs. Interesting reading, and it coincides in a way with Tom Skiba's comment in the post below. I suggest reading Frank's article in the entirety.

Residents of homeowners' associations seeking free speech rights within their communities lost the immediate battles but may have won the war in the decision issued yesterday by the New Jersey Supreme Court in the Twin Rivers case. In the most significant sentence in the obtuse 37-page opinion, the Court said that the more than one million residents of common-interest communities in New Jersey may "successfully seek constitutional redress against a governing association that unreasonably infringes their free speech rights."It is the first state high court in the country to rule that private homeowner associations may be subject to the free-speech provisions of a state constitution.

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