Do homeowners in mandatory membership associations voluntarily give up all their constitutionally guaranteed rights and protections? The debate has been raging for some time now. Advocates of associations and controlled living have always maintained that homeowners have knowingly left their rights at the entrance of the association, choosing to subject themselves to the whims and control of their neighbors and members of the HOA industry. Homeowners, on the other hand, have insisted they have done no such thing, that they simply bought a house that happened to be in a homeowners association.
On The Commons with us this week is Professor Frank Askin. Professor Askin is a law professor at Rutgers University in New Jersey, a long time member of the ACLU and founder and director of the Constitutional Litigation Clinic at Rutgers. He maintains a blog at http://blog.nj.com/njv_frank_askin/ and is the author of Defending Rights: A Life in Law and Politics. Professor Askin most recently represented The Committee for a Better Twin Rivers, a group of homeowners who sought to protect their Constitutional rights to free speech. With the court opinion finally in, was it a total loss, as it would appear at first blush? Please join us On The Commons. We’ll talk about the decision and find out what the New Jersey Supreme Court really said.
On The Commons with us this week is Professor Frank Askin. Professor Askin is a law professor at Rutgers University in New Jersey, a long time member of the ACLU and founder and director of the Constitutional Litigation Clinic at Rutgers. He maintains a blog at http://blog.nj.com/njv_frank_askin/ and is the author of Defending Rights: A Life in Law and Politics. Professor Askin most recently represented The Committee for a Better Twin Rivers, a group of homeowners who sought to protect their Constitutional rights to free speech. With the court opinion finally in, was it a total loss, as it would appear at first blush? Please join us On The Commons. We’ll talk about the decision and find out what the New Jersey Supreme Court really said.
