Committee for a Better Twin Rivers v. Twin Rivers Homeowner's Association
CLNBriefs
New Jersey Supreme hears argument in Twin Rvers
ISSUE: Does the Constitution of the State of New Jersey clauses governing Speech and Assembly, limit the authority of a homeowners’ association, and, if so, under what circumstances?
Community associations in New Jersey and across the nation await the New Jersey Supreme Court decision on the case of The Committee for a Better Twin Rivers v. The Twin Rivers Homeowners Association.
A webcast of the argument before the New Jersey Supreme Court can be found here.
The Twin Rivers New Jersey Supreme Court Appellate Division Brief can be found here.
Karyn Kennedy Branco,
Esq. is co-counsel for the defendent, Twin Rivers Homeowners Association. Ms Kennedy Branco of Kennedy, Wronko, Kennedy and co-founder of Condo Law Network, is an experienced litigation attorney specializing in Condominium Law and Practice, Homeowners Associations, Director and Officer Liability Defense, General Civil Litigation, Appeals and General Corporate, Employment, Fair Housing and Discrimination Practice.
Ms Kennedy Branco is a member of the American Bar Association, Litigation Section, Probate and Property Section and the New Jersey State Bar Association since 1993.
Supreme Court of New Jersey Oral Argument (Docket:
A-118-122-05)
The Supreme Court of New Jersey as of January 4, 2007, reserved decision on the issue as to whether Twin Rivers was sufficiently open to the public to warrant the imposition of constitutional obligations on the Board Members as to use of the community meeting rooms, publication in the newsletter and placement of signs. The trial court in that matter found that the Association was protected by the business judgment rule and was a private community. The Appellate Division reversed, while not squarely addressing whether Twin Rivers invited the public onto the premises.
The Supreme Court of New Jersey will ultimately issue an opinion which will address the nature of Twin Rivers, the effect of invitations to the public, if any, and the applicable standards to impose upon the Board Members who administer the daily affairs of the Association.
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