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February 12, 2001 Case No: DOCKET NO. C-121-2000 - Committee for a Better Twin Rivers RIVERS v Twin R New Jersey Superior Court County of MERCER COUNTY Branch: NEW JERSEY CHANCERY DIVISION COMMITTEE FOR A BETTER TWIN RIVERS (CBTR) Represented by: FRANK ASKIN, ESQ., LENORA LAPIDUS, ESQ. v. TWIN RIVERS HOMEOWNERS' ASSOCIATION (TRHA); TWIN RIVERS COMMUNITY TRUST

4. Test case that atttemots to bring New Jesey homowners associations under the New Jersey Constitution     CLINIC NEWS The Constitutional Litigation Clinic, led by Professor Frank Askin, filed a 134-page brief in support of Plaintiffs' Motion for Summary Judgment in the Twin Rivers Homeowners Association case in Mercer County Chancery Division. Twin Rivers is a test case that attempts to bring a private homeowners' association with 10,000 residents under the constraints of the New Jersey Constitution because of the government-like functions that it performs. Askin, lead counsel in the case, explains that the case involves issues of "democratic governance." Among the association rules being challenged are those that restrict the posting of political signs on homeowners' lawns and common areas; excessive fees for rental of the Association Community Room; and a weighted voting system that elects members of the association board based on the value of each member's property. The suit also challenges the use of the monthly community newspaper as a political tool of the association officials, and seeks the promulgation of guidelines which would provide for equal access for all members to express their views. Located in East Windsor, Twin Rivers is the oldest planned unit development (PUD) in New Jersey. Source:: Rutgers Law School News Posted Feb 22 2004 10:32PM CET     Username withheld San Juan Capistrano, California   3. Case Number: DOCKET NO. C-121-2000     Does anyone have an update on this case? Posted Jan 20 2004 4:27AM CET     Username withheld , California   2. Case Number: DOCKET NO. C-121-2000     “Homeowners' Association Pulls Welcome Mat from Dissident Homeowners.” http://www.aclu-nj.org/aclu/issues.asp?PageDir=content/issues/legaldocket/legal/&PageID=2002-2003%20Legal%20Docket This is the most important case I have seen yet, dealing with Freedom of Speech, voter rights and access to financial documents. I intend to use some of the legal language in my own complaint. THANK YOU to the ACLU in NEW JERSEY! www.aclu-nj.org You can view the case on ahrc.com at http://www.ahrc.com/new/index.php/src/courts/sub/submit/action/display/id/26 I am constantly reminded of Thomas Jefferson’s famous quote: "The price of liberty is eternal vigilance." Even now, in this day and age, we find this still holds to be true. Be sure to see the court case filed by the New Jersey ACLU over free speech violations, access to the media (HOA newsletter), voter lists, voter rights and access to records in homeowner associations, listed in the “Court” section of ahrc.com (still in discovery). I have pasted some of the pertinent text below.* You can make a donation to the NJ ACLU at their website or find out more information about what they are doing to protect free speech and other constitutional rights at http://www.aclu-nj.org/aclu/default.asp. For more on this particular case (to see a description of it), go to http://www.aclu-nj.org/aclu/issues.asp?PageDir=content/issues/legaldocket/&PageID=legaldocket and click on “2002-2003 Legal Docket” at http://www.aclu-nj.org/aclu/issues.asp?PageDir=content/issues/legaldocket/legal/&PageID=2002-2003%20Legal%20Docket and read down to “Homeowners' Association Pulls Welcome Mat from Dissident Homeowners.” The complaints include violations of freedom of expression, voter rights, and denial of access to information by officials of the TRHA [HOA].” This refers to the court case posted on ahrc.com: filed in New Jersey Superior Court, Mercer County, Case No: DOCKET NO. C-121-2000. This complaint is written perfectly, and lays out so many of our very real and legitimate issues that I did not know how to put into words. I intend to use language from this case in my own, as well as all the other cases I have found on ahrc.com. The ACLU has described how our basic constitutional rights have been taken away just by purchasing a home in an unregulated Home Owners Association. What would we do without the ACLU? Posted Jul 3 2003 3:25AM CEST     Catherine Todd (View Profile) Durham, North Carolina   1. Where can I send a donation to your fine organization?     To the American Civil Liberties Union who filed this complaint: THANK YOU SO MUCH! Finally, some of the "real issues" going on with HOA's have been addressed: our powerlessness via lack of voting rights and inability to even run for the board without having access to voter lists has, at last, been addressed! The other counts of non-existent "dispute resolution" and other complaints has also been addressed. This is a beautiful complaint and is so clear and well-written it brought tears to my eyes. This complaint "speaks for all of us." I look forward to following the outcome, and wish we had you all here in North Carolina! Thank you with all my heart. Thank you for posting the complaint so we too can use the legal language necessary to file for ourselves. This case could change things "across the board." Literally and figuratively! HOA's are truly the new "civil rights" of this "new millennium" and it's incredible that there are still people out there, such as people who work in the ACLU, who CARE. What would we do without you? What would we do without someone who can look at the broad picture and know how to "do the right thing" and know how to take the right steps! The courts are the only thing that can change things, and without the excellent attorneys who are willing to take on these kinds of cases, and "make new law," we would all continue to be lost in the woods and pilloried for our efforts. In the "old days" our houses would have been burnt, and perhaps our selves, due to any objection of any board member for any reason whatsoever! HOA boards have created "the new witch hunts" and it's terrifying to see, or worse, to be on the receiving end, until I read cases such as these. I then have hope all over again. Without these incidents being brought to light in the court for judges to actually see, how can we ever make the necessary changes so we can continue to live "in the land of the free?" Thank you again... Where can I send a donation to your fine organization? Posted Jul 2 2003 10:27AM CEST     Catherine Todd (View Profile) Durham, North Carolina

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