NJ Homeowner Associations: Avoid Very Limiting Sign Rules

In the case MAZDABROOK COMMONS HOMEOWNERS' ASSOCIATION v. WASIM KHAN. an appeals court found a condominium association's rule concerning signs was unconsitutuional. The case was decided last week.

Two things are noteworthy about this Assocition. First in my humble opinion it has very extreme penalty prolicy. They tried to fine a unit owner thousands of dollars over a rose bush -- Give me a break.

And they outlawed all signs except real estate "for sale" signs. Unit owners were limited to one "for sale" sign. The Court found that this favored commercial speech and was not supportable.

"In the present case, we have a regulation that is not content neutral, and indeed it favors commercial speech. It is broadly drawn so as to foreclose an entire type of communication that has long been recognized as significant. Additionally, it regulates the free speech rights of residents within their condominium units."

Sign rules that favor commercial speech may be invalidated. Does your rule meet this test?

Community Associations And Bed Bugs

Community Associations must be vigilant when it comes to bed bugs for 2 reasons.

First, from a public health standpoint these blood sucking critters can spread. A problem that originated in 1 unit may soon become a multi unit problem.

The larger the problem, the costlier the cure.

Second, associations that allow the problem to spread will likely be sued. Just as is the case with many other bug problems, associations often have a duty to respond to bed bug problems. Responses need to be prompt and efficient.

Bed bug litigation is on the rise all over the US. There have been some very high awards. Make sure that your association is very pro-active so that it does not become another litigation casualty.