By Jonathan H. Katz, Esq.

On October 24, 2011, Hill Wallack LLP Partner Stephen M. Eisdorfer, Esq. argued before the New Jersey Supreme Court as amicus curiae (friend of the Court) on behalf of the New Jersey Chapter of the Community Associations Institute in Mazdabrook Commons Homeowners Association v. Kahn.  In Mazdabrook, the Supreme Court was asked to consider how far a homeowners association can go in restricting political signs on properties without violating residents’ First Amendment rights.  Last year, a divided Appellate Division panel found that the Mazdabrook Commons Homeowners Association’s ban on such signs was unlawful because it was not content-neutral and favored commercial over political speech.  The Association appealed the Appellate Division’s determination, and a decision by the Supreme Court is expected within the next few months.

For continuing updates on Mazdabrook and for more information on this issue or any other issue concerning your community association, please contact one of our Community Associations attorneys.