CONFERENCE IN NEW JERSEY and THE BATTLE AT TWIN RIVERS!
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
Askin is a law professor at
, a long-time member of the ACLU and founder, and director of the Constitutional
Litigation Clinic at
. He has successfully argued to protect the Constitutional Rights of the
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
in May 2007.
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!"
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
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!
decision by the New Jersey Supreme Court in the Twin
Rivers case --
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!"
listen to "On The Commons" for more interesting
discussions that affect all of us!
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