“We conclude that in balancing plaintiffs’ expressional rights against the association’s private property rights, the association’s policies do not violate the free-speech and right-of-assembly clauses of the New Jersey Constitution,” so ruled the NJ Supreme Court unanimously.
Justice John E. Wallace Jr. added that the purpose of residential areas controlled by homeowner associations differ from private universities and regional shopping malls to two key areas. First, home owners knowingly sign covenants that restrict their activities. Second, the primary use of such property is for private, non-public, purposes. Indeed, we believe such homeowners have an explicit contractual right to expect that certain rules and restrictions are adhered to by all community members. Even so, Justice Wallace noted "The association permits expressional activities to take place on plaintiffs' property but with some minor restrictions”.
The case involved the Twin Rivers development in East Windsor New Jersey , which consists of privately owned condominium duplexes, townhouses, single-family homes, apartments and commercial buildings
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The development spans approximately one square mile and has a population of over 10,000. Like other homeowner associations, the Twin Rivers Homeowner Association makes rules and regulations for its residents, maintains the common areas and facilities, and provides services such as street lighting, snow removal and garbage collection.
A group opposed to the elected board formed a committee and filed a suit to invalidate various rules, including those limiting the placement of political signs and those governing use of the Association's community rooms. This committee also sued for access to the columns of the Association's monthly newsletter.
Continued here.
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