ON THE COMMONS:

Prof. Frank Askin:

HOA CONFERENCE IN NEW JERSEY and THE BATTLE AT TWIN RIVERS!

  

You can listen and/or download the talk show "On The Commons" taped on Saturday, June 9, 2007. Talk show host Shu Bartholomew talks with Professor Frank Askin about the conference on homeowners' associations in New Jersey and the Twin Rivers case.

 

Askin is a law professor at Rutgers University in New Jersey , a long-time member of the ACLU and founder, and director of the Constitutional Litigation Clinic at Rutgers . He has successfully argued to protect the Constitutional Rights of the citizens of New Jersey and is currently waiting for the Supreme Court ruling on whether or not homeowners leave their constitutional rights at the entrance of a controlled development in the Twin Rivers case. He is the author of Defending Rights: A Life in Law and Politics and was part of the conference on Homeowners’ Associations held in Trenton , New Jersey in May 2007.

 

One of the issues discussed was the complaint of the CAI (Community Associations Institute) of not being invited to the conference. Professor Askin's explanation: "The CAI people are all hired guns. They get paid to advocate positions!" And about their whining: "They whine a lot if they don't get their way! Actually, they always whine!"

  

This conference was a first big step in allowing the homeowners to take a more active role to participate in the debate that affects them. In connection with the  AARP Bill of Homeowners' Rights it is important that homeowners make their own voices heard. For too long a trade organization that actually represents the HOA service providers has falsely claimed to represent the interests of the homeowners!

 

The decision by the New Jersey Supreme Court in the Twin Rivers case -- 

expected to be published this month -- can be a landmark decision for the whole nation. Professor Askin rejects the argument that this is a contract matter and that a contract can diminish a citizen’s right to protection by the U.S. Constitution. This kind of contract is (quote): "A contract of adhesion -- it's a take-it or leave-it proposition!"

 

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