Constitutional Rights and Restrictive Covenants

In 1971 the New Jersey Superior Court (State of New Jesey v. Kolcz) ruled that constitutional rights cannot be denied by any planned retirement community association, Rossmoor Community. The issue was one of a trespass complaint filed against persons seeking to distribute municipal campaign information to members of the community. An excerpt from the opinion, “Using the same reasoning as the Supreme Court, this court believes … that the present case involves defendants who were not engaged in commercial activity. It appears that persons endeavoring to disseminate political or religious information are protected by the Constitution, but those wishing to canvass an area for business purposes must yield to other considerations. The Supreme Court in Breard states that freedom of speech is not an absolute right, but must be adjusted to the rights of others. That right must yield whenever the attempt to exercise it is solely for the purpose of commercial profit. “This court believes that decisions relating to municipalities are equally applicable to Rossmoor, since it is in many essential regards a self-sufficient community.

These Case Against State Governments officers may believe that it is their duty to protect the Rossmoor residents from annoying or obnoxious sales methods, but the court cannot allow the corporation to decide to bar what it knows to be a bona fide political endeavor.” In short, the courts have upheld constitutional rights over company towns and private communities.

In the Arizona Appeals Court, (2 CA-CV 2001-0198), an opinion was given that bears directly on the issue of the delegation of legislative powers. The court said, “The legislative authority of the State shall be vested in the Legislature . . . . it is a well established theory that a legislature may not delegate its authority to private persons over whom the legislature has no supervision or control.

“The legislature cannot abdicate its functions or subject citizens and their interests to any but lawful public agencies, and a delegation of any sovereign power of government to private citizens cannot be sustained nor their assumption of it justified.”

George K. Staropoli
Citizens Against Private Government HOAs
http://pvtgov.org/
pvtgov@cs.com

2 comments:

  1. Hello Webmaster,
    I am a home buyer who recently viewed a 2bdrm/2bath unit at CCV and was thinking about putting in an offer as I really like it, that is until coming to your website. Has the board been replaced yet? Is the corruption continuing? What is the main issue? I do not want to move in and find myself in the middle of a war zone. Thank you.

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  2. Anonymous7:03 PM

    Well, the wars are being waged throughout the HOA industry where one and the same thing seems to be the pattern. First the dishonest homeowners get on the Board. Then when accused, the conspiring group digs in the heels and is using members money to fight the protest and the opposition using HOA Fines and Smear Campaings.

    The fights usually start when the financial malfeasances are discovered. To make it worst, there are handful of law firms in this town who specializes in HOA matter, which actively and unethically support the “combat” to in the process make a ton of money – Google the name Adrian J Adams, Esq and let us know what do you thinking about living in corporation which has governmental powers, and where neighbors have nothing in common.

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