The NJ Supreme Court Helps Establish the New America of private government HOAs

To this non-lawyer, homeowner rights activist, the New Jersey Supreme Court’s opinion in the Twin Rivers HOA case was another instance, like the US SC Kelo decision on eminent domain (Kelo v. City of New London, No. 04–108. (2005)), of further establishing and legitimatizing the NEW AMERICA dominated by planned communities and homeowners associations.

The court wrote:

“Finally, residents are protected under traditional principles of property law . . . One owning a tract of land may convey a portion of it, and by appropriate covenant or agreement may lawfully restrict the use of the part conveyed for the benefit of the unsold portion, providing that the nature of the restricted use is not contrary to principles of public policy. . . . that “[r]estrictions in a master deed” should be enforced “unless those provisions ‘are wholly arbitrary in their application, in violation of public policy, or that they abrogate some fundamental constitutional right’”

Still, in spite of all the above justifications, guarantees and assurances that homeowners are protected by our system of government, and by implication, the courts, the NJ Justices decided:

“In applying the Schmid/Coalition multifaceted standard, the twin Rivers Homeowners’ Association’s policies, as set forth in its rules and regulations, do not violate the New Jersey constitutional guarantees of free expression.”

Read the complete statement on this opinion at Twin Rivers.