Rutgers Journal articles on HOAs and Twin Rivers case

The current issue of the Rutgers Journal of Law and Public Policy is all about HOAs.  See http://www.rutgerspolicyjournal.org/journal/vol5no4/JLPP_5-4.pdf 

 

Rutgers Journal of Law & Public Policy
VOLUME 5 SPRING 2008 ISSUE 4


CONTENTS
INTRODUCTION TO SYMPOSIUM EDITION ON HOMEOWNER ASSOCIATIONS: A DISCUSSION OF THE PROBLEMS AND SOLUTIONS…………………………………………………………630
TRANSCRIPT OF THE CONFERENCE…………………………..631
HOMEOWNER ASSOCIATION PROBLEMS AND SOLUTIONS…………………………………………………………699
Edward R. Hannaman, Esq.
THE TWIN RIVERS CASE: OF HOMEOWNERS ASSOCIATIONS, FREE SPEECH RIGHTS AND PRIVATIZED MINI-GOVERNMENTS……………………………………………………729
Paula A. Franzese and Steven Siegel

 

 

Homeowner Associations: Problems and Solutions, 5 RUTGERS J.L. & PUB. POLY 630 (2008).

 

Excerpts:

 

Now, we’ve learned from society’s experience with various policy issues that impact a significant number of people that the path to dealing adequately with the problems begins with talking openly about the problem, confronting reality, and not ignoring it.  (Renee Steinhagen, Moderator, p. 631).

 

 

 

Those trends [public space converted into private space and the privatization of public government functions] lead inexorably to the conclusion that CICs play an increasingly central role in the daily life of New Jersey residents. New Jersey law, however, has continued to regard CICs as wholly private organizations that are largely exempt from any form of regulation or oversight. The laissez-fare approach to CIC regulation is reflected in the statutory law, which affords exceedingly few rights and protections to homeowners association residents, and in the common-law principles applied by New Jersey courts when resolving disputes arising over CIC governance.  (THE TWIN RIVERS1 CASE: OF HOMEOWNERS ASSOCIATIONS, FREE SPEECH RIGHTS AND PRIVATIZED MINI-GOVERNMENTS, Paula A. Franzese and Steven Siegel, p.729)

 

 

One cannot propose solutions without adequately understanding the problems. If society’s intention in setting up associations is to encourage the formation of undemocratic Gulags ruled by unaccountable boards and for the enrichment of those who profit from owner ignorance or impotency- we have succeeded completely. (Ed Hannaman, public input, p. 699).

 

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Published in: on September 7, 2008 at 11:26 am  Comments (2)  

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2 CommentsLeave a comment

  1. […] See, as to another question of reasonableness, the NJ Esposito case, In NJ, HOA boards do not have to be reasonable, and go figure how our judicial system works. See also the link to the Paula Franzese and Steven Siegel critique of the Twin Rivers decision in Rutgers Journal articles on HOAs and Twin Rivers case. […]

  2. […] Uncategorized pvtgov 6:02 pm On November 18, 2009 the NJ appellate court once again heard legal arguments in regard to constitutional protections for homeowners in homeowners associations.  This time it was Moore v. Radburn (NJ Appellate Court, Part F, A -004284-07-T2) deciding on universal suffrage for all owners, fair and just elections, and board transparency including financial disclosures.  In 2007 the NJ appellate court had ruled on such issues in the CBTR v. Twin Rivers case that went on to the NJ supreme court on certain issues. (See Rutgers Journal articles on HOAs and Twin Rivers case). […]


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