Just read that the New Jersey Supreme Court is considering a case that will decide just who has the final say in what happens in developments when a homeowner objects to the rules of the homeowner association. It is intriguing, this argument that associations act like state entities. Now don't get me wrong, homeowner associations can be rigid in their efforts to maintain a certain "look" to the development, and they have the enforcement clout through fines and liens. What theese homeowners seem to miss is, didn't the look of the development itself play a part in what attracted them to development in the first place? How did they think that look was maintained?
The dispute in Twin Rivers, New Jersey brought by five homeowners seems to have three main components: putting political signs on the lawn (size and number), extra fees for community room use, and an editorial dispute of the association newsletter content.
While some might see the suit as petty - one justice was skeptical about trying to regulate a press entity under which the newsletter falls, the part of the complaint dealing with the lawn signs has the potential to set a precedent that will affect homeowner associations rules throughout the country.
Any thoughts?
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