New Jersey Court Finds State Constitution Grants Right of Free Speech in Private Community Association
In a potentially landmark decision, the New Jersey Superior Court, Appellate Division, in Committee for a Better Twin Rivers v. Twin Rivers Homeowners’ Association, No. A-4047-03T2, found that a private homeowners' association had to meet state constitutional standards with respect to the protection of its members' right to free speech. The general rule throughout the country had been that owners were bound by the community's recorded restrictions and, as a result, gave up certain rights they would otherwise enjoy. In this case, however, the Court found the owners had a right to free speech, even within the deed-restricted community, stating "[e]xpressive exercises, especially those bearing upon real and legitimate community issues, should not be silenced or subject to undue limitation because of changes in residential arrangements, such as where lifestyle issues are governed or administered by community associations in addition to being regulated by governmental entities."