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Subcomandante wrote:
> Travis Jordan wrote:
> > azotic wrote:
> >
> >>Courts rule the idea that HOA bylaws & ccr's
> >>that eliminate constitutional rights are illegal.
> >
> >
> > "The court addressed the matter of community associations that function
> > similarly to municipalities. The decision referred to McKenzie's
> > comments that Twin Rivers' centralized business district "looks and
> > feels like a town," and that the Twin Rivers Homeowners Association
> > delivered "a broad range of traditional municipal services to its
> > residents."
> >
> > My reading is that if a community association provides only limited
> > services (that is, they do not function similiarly to municipalities)
> > then this ruling wouldn't apply to them. And of course in any case the
> > ruling only applies in New Jersey.
> >
> >
> You are wrong!
> This ruling is nothing new!
> See similar California rulings:
> Cohen v. Kite Hill Community Ass,n (1983) 142 CA3d 642, 191 CR 209;
> Topanga Ass'n for a Scenic Community v County of Los Angeles (1974) 11
> C3d 506, 113 CR 836.
>
> For certain purposes like liability the courts have held that the
> association is functioning like mini-government.
>
> What is somewhat new in the New Jersey decision is that the court extend
> mini-government concept to constitutional rights.
> The size of the association has nothing to do with it.
> It was used only for an argument to make the point.
> The main reason why the HOA is like mini-government is because it
> collects taxes (i.e. dues) and may have security (i.e. police)
> On the other hand the governments are corporations. Even USA is
> functioning as corporation but it is more complicated.
> -Sub
No, you're wrong! Or at least somewhat wrong, Cohen v. Kite Hill dealt
with due process and equal protection which most certainly are
Constitutional rights. This case simply added First Amendment
protections. However I believe Travis is also somewhat correct in that
the establishment of the HOA as a governmental entity in *this* case
hinged directly on the courts view of the scope of the association and
the services it provided. This may make it very difficult or impossible
for smaller associations to use it as precedent.
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Re: Courts rule HOA is a shadow government !!!!
