The Twin Rivers Case
P.O. Box 90748, Henderson, NV 89009
By Robert Holloway
The difference of opinion on the power of homeowner associations is dramatically shown by a recent case called the Twin Rivers case. A New Jersey court has ruled that the Twin Rivers Association does not have complete power to restrict certain constitutional rights of residents. It is a complex case and the legal costs so far are estimated to total about $500,000. It contains many of the elements that most often show up in battles between owners and their boards. I am giving below two different links, the first is a discussion of the case by an organization that is critical of associations and the second is a discussion by the Community Associations Institute, which is an organization that promotes homeowner associations. Some very important issues are at stake in court decisions like this one. The basic question is to what extent does a homeowner give up his rights when moving into an association. I expect that after dozens or hundreds of court rulings, this will eventually be worked out, but it will be a few years. In the meantime, it has been estimated that approximately 70 percent of associations are involved in litigation at any one time.
[Twin Rivers Case, as seen by Homeower Rights Activists]
[Twin Rivers Case, as seen by Community Associations Institute]
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