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Do Homeowners Associations Violate Free Speech?

Posted by: Abhijeet Chavan

28 February 2006 - 2:00pm

Will a new bill help those entering the confusing legal labyrinth of homeowner associations, including some purported to force residents to sign away their constitutional rights?

"An Assembly committee yesterday approved legislation defining the powers of homeowners associations and condo and co-op boards despite claims it tramples the constitutional rights of 1.2 million residents."

"Assemblyman Wilfredo Caraballo (D-Essex), the sponsor, said his bill is "critical" for New Jerseyans who live under a 'confusing labyrinth' of different laws pertaining to condo and co-op boards, homeowner and lake associations and time-shares."

"Several opponents argued the legislation needed further study in light of a court ruling two weeks ago declaring New Jerseyans do not sign away their constitutional rights by purchasing a home in a community governed by a private association. That state appeals court instructed a trial judge to determine whether rules adopted by the Twin Rivers Homeowners Association in East Windsor violate the free speech rights of its 10,000 residents."

Full Story: Homeowner group regulation advances
Source: New Jersey Star-Ledger, February 24, 2006
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The decision to abandon a property is a symptom of the loss of confidence. And while abandonment certainly affects confidence among surrounding homeowners, the most important question to answer is not "how do we deal with abandoned properties?" but "what is the most cost-effective way to restore market confidence, and how do abandoned properties fit into that picture?"
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