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Twin Rivers and association rights vs. homowner rightsJul 27, 2007


For complete ruling, see:
http://www.judiciary.state.nj.us/opinions/supreme/A-118%20-%20122-05%20Twin%20Rivers.pdf

See news article:
Court backs homeowners associations
http://www.northjersey.com/page.php?qstr=eXJpcnk3ZjcxN2Y3dnFlZUVFeXkyJmZnYmVsN2Y3dnFlZUVFeXk3MTc0MjQx



Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association (A-118-122-05)
Argued January 4, 2007 -- Decided July 26, 2007
WALLACE, J., writing for a unanimous Court.
The issue before the Court is whether the rules and regulations enacted by the Twin Rivers Homeowners’
Association governing the posting of signs, the use of the community room, and access to its newsletter violated
New Jersey’s constitutional guarantees of free expression.
Twin Rivers is a planned unit development consisting of privately owned condominium duplexes,
townhouses, single-family homes, apartments, and commercial buildings located in East Windsor, New Jersey. The
community covers about one square mile and is populated by about 10,000 residents. The Twin Rivers Community
Trust (Trust) is a private corporation that owns Twin Rivers’ common property and facilities. The Twin Rivers
Homeowners’ Association (Association) is a private corporation that serves as trustee of the Trust. The Association
is authorized by the Trust to make rules and regulations for the conduct of its members while occupying the land
owned or controlled by the Trust, to provide services to its members, and to maintain common lands and facilities in
Twin Rivers. The Association maintains the Trusts’ private residential roads, provides street lighting and snow
removal, assigns parking spaces in its parking lots, and collects trash. By acquiring property in Twin Rivers, the
property owner automatically becomes a member of the Association and is subject to its Articles of Incorporation
(Articles) and Bylaws. The Association is governed by a Board of Directors (Board), whose members are elected by
all eligible voting members of the Association. The Board is responsible for making and enforcing the rules, and for
providing services to its members that are financed through mandatory assessments levied against residents pursuant
to an annual budget adopted by the Board.

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