New Jersey Curbs the Constitutional Rights of HOA Property Owners
NEWS TODAY: July 27, 2007
New Jersey is a key,fierce battleground for the human, constitutional and property rights of homeowners. The links below provide information on the players - their interests, motivations, and powers. Rulings by state judges, legislation by state lawmakers, and foreclosures by homeowner association lawyers, are causing a flood of homelessness in America.
America is in a housing market slump that is worse than the Great Depression. In America, HOA homes are commodities owned, operated and traded by HOA corporations in order to make unconscionable wealth for CAI merchants.
As a nation treats its homes, so does it define its future. In America, this is now very bleak.
AHRC News Editors
COMMITTEE FOR A BETTER TWIN RIVERS (CBTR); DIANNE MCCARTHY; HAIM BAR-AKIVA and BRUCE FRITZGES, vs. TWIN RIVERS HOMEOWNERS' ASSOCIATION (TRHA); TWIN RIVERS COMMUNITY TRUST and SCOTT POHL (TRHA PRESIDENT), [Lawsuit]
In this appeal, we determine whether the rules and regulations enacted by a homeowners' association governing the posting of signs, the use of the community room, and access to its newsletter violated our state constitutional guarantees of free expression. The trial court held that the association's rules and regulations were not subject to the right of free speech embodied in our State Constitution. On appeal, the Appellate Division reversed. We granted certification and now reverse the judgment of the Appellate Division.- Opinion by New Jersey Justice Wallace. Concurred by Chief Justice Zassali, Justices Long, LaVecchia, Albin, Rivera-Soto, and Hoehns
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Justice John E. Wallace, Jr. - New Jersey Supreme Court [Directory Entry - Lawyers - Government]
Trenton, NJ 07 102-3094
Justice John Wallace's opinion , concurred by New Jersey Chief Justice Zassali, Justices Long, LaVecchia, Albin, Rivera-Soto, and Hoehns reverses the app[elate court and reinstates the judgment of the New Jersey trial court. Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association (A-118-122-05)
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Supreme Court of New Jersey Judges - 2007 [Directory Entry - Judges]
Trenson, NJ 07 102-3094
New Jersey Chief Justice Zassali, Justices Long, LaVecchia, Albin, Rivera-Soto, and Hoehns join Justice Wallace opinion to reverse the app[elate court and reinstate the judgment of the New Jersey trial court. Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association (A-118-122-05)
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New Jersey Courts online.com [Directory Entry - Government Departments and Offices]
Richard J. Hughes Justice Complex - 25 Market Street
Trenton, NJ 08625
Mission Statement: We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and to protect the rights and liberties guaranteed by the Constitution and laws of the United States and this State.
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A choice for Americans: The US Constitution or Authoritarian, Private HOA Government [An Article]
The impact of the Twin Rivers opinion by New Jersey Supreme Court Justices
Jul 27, 2007
by George K. Staropoli
Today, with the New Jersey Supreme Court opinion that homeowner association (HOAs) are voluntarily and willfully agreed to private business contracts, a major blow has been struck against constitutional protections of America's property owners. The New Jersey Supreme Court Justices re-affirmed that private contracts relating to private HOA governance by means of restrictive covenants are off-limits to any government oversight or regulation. In other words, laws that regulate, restrict or prohibit certain acts in a contract, such as truth in lending, truth in advertising, fair housing, etc have no application with respect to HOA covenants, thus creating independent city-states or principalities
An Open Letter To The New Jersey Supreme Court [A Letter]
Jul 27, 2007
by Robert Metcalf
My name is Robert Metcalf. I am not a resident of New Jersey. Yesterday I was deeply disappointed with your reversal in the Twin Rivers case. In my view, the narrow focus of your reasoning missed the point. What is happening in America today with regard to the increasing "privatization" of almost everything is unconscionable. The fact that bodies, like yourself, are effectively letting corporations cancel our basic rights as citizens is leading us down a path that in the end will relegate the freedoms, for which such a high price has been paid, to the status of historical oddities that have no bearing on our day-to-day existence, whatsoever.
New Jersey Supreme Court rules that homeowner associations may be subject to the free-speech provisions of a state constitution [An Article]
Jul 27, 2007
by Professor Frank Askin
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.
New Jersey Supreme Court Sides with Associations [An Article]
HOAs are private entities not subject to the same constitutional standards as government
Jul 26, 2007
by Frank Rathburn
"Community associations are private entities and historically not subject to the same constitutional standards as government. The decision clearly defines associations as businesses and respects the private, contractual agreements among homeowners who share the same expectations of home ownership." CAI president Ronald L. Perl
HOA Principalities vs. US Constitution [An Article]
Opinions from the Twin Rivers constitionality case
Feb 11, 2006
by George K. Staropoli
CAI amicus curiae brief in opposition: "This Court must balance the plaintiff's claims that focus on their perceived individual "rights" versus the rights and legitimate economic expectations of other homeowners. In the context of community associations, the unwise extension of constitutional rights to the use of private property by members (as opposed to the public) raises the likelihood that judicial intervention will become the norm,and serve as the preferred mechanism for decision-making,rather than members effectuating change through the democratic process" . U.S. v. Virginia, 518 U.S. 515, 557 (1996). This post must be sent to every legislator and every agency in every state involved in homeowner association issues.
STATEMENT OF RUTGERS LAW SCHOOL PROFESSOR FRANK ASKIN ON DECISION IN TWIN RIVERS CASE [Press Release]
A New Jersey homeowners association case on constitutional rights
Feb 17, 2004
by Professor Frank Askin
Although we are disappointed that Judge Shuster failed to find that the Twin Rivers Homeowners Association was a quasi-municipality subject to the constraints of the New Jersey Constitution, we are gratified by his decision regarding the obligations of the association to provide members' access to the community room, prohibiting the gagging of Board members who wish to discuss association business with their constituents, and to guarantee candidates for the governing board access to voters' lists.
For members of community associations in New Jersey, this decision should mean an end to arbitrary decision making concerning access to common facilities, to restrictions on access to governance information and to restrictions on electoral participation.
COMMITTEE FOR A BETTER TWIN RIVERS, DIANNE MCCARTHY, HAIM BAR-AKIVA and BRUCE FRITZGES, vs. TWIN RIVERS HOMEOWNERS' ASSOCIATION, TWIN RIVERS COMMUNITY TRUST, and SCOTT POHL [Lawsuit]
We disagree with the trial court's determination that TRHA is not subject to constitutional limitations such as those imposed on public sector actors. The basis for the trial court's ruling was that no governmental entity had delegated governmental powers to TRHA, and that TRHA performed no inherently governmental functions. In arriving at our conclusion that this ruling was erroneous, we eschew the use of the term "quasi-municipal" because, in the context of the issues before us, it tends to beg the question and adds nothing to the necessary inquiries. We are called upon to determine whether the standard-setting and standard-applying exercises at issue are essentially in performance of public functions or impact with sufficient directness upon public interests to call into play the constitutional limitations that classically apply to public sector actors, but which the New Jersey Constitution applies more broadly.
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COMMITTEE FOR A BETTER TWIN RIVERS (CBTR) vs. TWIN RIVERS HOMEOWNERS' ASSOCIATION (TRHA); TWIN RIVERS COMMUNITY TRUST [Lawsuit]
This is an equitable action against the defendants for temporary and permanent injunctive relief and declaratory judgement. The challenge is based upon the STATE constitution, not the Federal constitution.
The Guttenberg Taxpayers and Rentpayers Associaton, Thomas G. Rizzi and Bill Scoullos vs. Galaxy Towers Condominium Association, and Bernard Furman [Lawsuit]
The ACLU and Guttenberg Taxpayers and Rentpayers Associaton V. The Galaxy Towers Case This was the legal background against which the Guttenberg Taxpayers and Rentpayers Association sued the Galaxy Towers Condominium Association just prior to the Guttenberg Board of Education election in 1994. A condo political action committee organized telephone squads to remind residents to vote and, on election day, stationed volunteers in the lobbies of the three buildings to hand slate cards to the residents as they crossed the lobbies to the polling place, which was located in the adjacent mall. Ninety per cent of the voters in Election District 6 lived in the Galaxy. The mall [*959] was open to the public, which one could enter from a city street, but Galaxy residents had a private entry-way from each of the Galaxy Towers.
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Frank Askin - Constttutlonal Litigation Clinc - Center for Law and Justfce [Directory Entry - Lawyers]
George K. Staropoli - Citizens for Local Constitutional Government [Directory Entry - Writers]
Scottsdale, AZ
Mr. Staropoli is an Arizona resident who has been active as a homeowners rights advocate since April 2000, He has appeared before a Nevada Legislative committee, the Arizona HOA Study Committee and testified before several Legislative committees, and has been active in submitting homeowner rights issues to the legislators, the media and the public.
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Community Associations Instiitute - CAI - HOA Foreclosure Lawyers Trade Group [Directory Entry - Lobbyists - Non Profit Groups]
7700 Little River Turnpike - Suite 404
Alexandria, VA 22003
• Tax ID 521074939 - 501 (c)6 Non-profit organization (per Ann Byrd - Controller - September 7, 2004)
• A trade lobby group for homeowner association foreclosure lawyers and their litigation support groups.
• For many years, CAI has been misrepresenting to the public and legislators that they are an
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College of Community Association Lawyers - A sub-league of Community Associations Institute (CAI ) [Directory Entry - Lobbyists - Non Profit Groups]
225 Reinekers Lane, Suite 300
Alexandria, VA 22314
Community Associations Institute (CAI) is a Business league of homeowner association foreclosue lawyers. "College of Community Association Lawyers" is a sub-league that includes the architects of HOA foreclosure laws who pay a $325 application fee and and annual fees of $325.
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Tom Skiba - Frank Rathburn -Christoper Durso - Propagandists for CAI foreclosure lawyers [Directory Entry - Lobbyists - Non Profit Groups]
Alexandria, VA 0
• Tom Skiba - Chief Operating Officer - Community Associations Institute (CAI) , America's Homeowner Association Foreclosure Lawyers Lobby - Propaganda group
• Frank Rathburn - Assistant to Tom Skiba - 703-797-6261
• Christopher Durso - Writes the foreclosure lawyers propaganda - watch out for Durso's sly interview requests, misquotes and misrepresentation.
All are employed by the homeowner association foreclosure lawyers lobby group to wage a non-stop war against America's homeowners to take their life savings and homes.
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Responsible Neighbors.com - A CAI Website to lobby for HOA Foreclosure laws [Directory Entry - Lobbyists - Non Profit Groups]
225 Reinekers Lane, Suite 300
Alexandria, CA 22314
New Jersey Senate Community And Urban Affairs Committee [Directory Entry - Government Departments and Offices]
Trenton, NJ 07305
New Jersey Senate Community And Urban Affairs Committee
Rice, Ronald L. - Chair, James, Sharpe - Vice-Chair, Asselta, Nicholas, Connors, Leonard T. Madden, Fred H.
Held hearings on HOAs - CIDs." I am a member of the League of Women Voters; I am a member of CIHC, a homeowners coalition. And I am on the board of directors of another homeowners coalition; AHRC. I am here on behalf of AHRC. We aren't powerful, we aren't wealthy, but we are angry and disappointed. We adamantly oppose the Doria-Caraballo bill, and we are in favor of the Turner-Rice bill, which looks out for the rights of the 1.3 residents of our state (New Jersey) who live in homeowner associations. " Ms. Huet - November 6, 2006 - See CAI - UCIOA Senate Bill of 2007
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John M. Cannel - New Jersey Law Revision Commission [Directory Entry - Government Lawyer]
Trenton, NJ
NEW JERSEY STATE LEGISLATURE SENATE COMMUNITY AND URBAN AFFAIRS COMMITTEE
Testimony on laws governing common interest communities
MR. CANNEL: " I am a lawyer. I work for the New Jersey Law Revision Commission -- legislation commission. And the Commission began about four or five years ago working in this area. We turned out a piece of work that I'm not sure was terribly helpful. A lot of the unit owners liked it and the CAI didn't..." November 6, 2006
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