Matthew Winton's Condo & HOA Blog

Oklahoma Community Associations Handbook - Second Edition

Many have inquired as to when I will have copies of the Oklahoma Community Associations Handbook for sale. I am in the process of completing the second edition and should have the book to the printer around the first of June, with copies available for sale before the first of July. The second edition will have over four hundred pages of commentary, forms, and law relative to Oklahoma community associations. To my knowledge, the Handbook is a one of a kind resource for Oklahoma community associations. You may pre-order your copy by contacting Sean at Vaughn & Winton (405.478.4818), and giving him your name, telephone number, email or mailing address.

Fundamental rights and Associations

A while back (Nov. 29, 2005), I discussed on this blog the Panther Valley case and the potential constitutional limitations on an associations' ability to limit certain behaviors and activities within a community. If you recall, Panther Valley is a New Jersey case. Interestingly, New Jersey has produced another blockbuster of a decision in the community association area.

The Twin Rivers case was decided by a New Jersey appellate court (not the court of last resort in New Jersey) on February 7, 2006. You can read the decision here. In essence, the dispute arose over whether the HOA could limit the placement of political signs within the neighborhood. The appellate court finds that the New Jersey constitution, under the facts of the case, balances a person's fundamental right to political speech over private property rights (i.e. the association's governing documents allowing the association to administer the common areas).

The Twin Rivers case is sure to continue up the appeals process (Panther Valley was denied a hearing by the U.S. Supreme Court). We'll see where it goes.