MAZDABROOK COMMONS v. KHAN

A-65 September Term 2010, 067094

46 A.3d 507 (2012)

210 N.J. 482

MAZDABROOK COMMONS HOMEOWNERS' ASSOCIATION, Plaintiff-Appellant, v. Wasim KHAN, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 13, 2012.


Attorney(s) appearing for the Case

Jeffrey S. Mandel , Morristown, argued the cause for appellant ( PinilisHalpern , attorneys).

Dana L. Wefer argued the cause for respondent ( Donovan Hatem , Newark , attorneys).

Stephen M. Eisdorfer argued the cause for amicus curiae Community Associations Institute-New Jersey Chapter ( Hill Wallack , attorneys; Michael S. Karpoff , Princeton, on the brief).

Frank Askin argued the cause for amicus curiae American Civil Liberties Union of New Jersey ( Ronald Chen , Rutgers Constitutional Litigation Clinic, attorney; Mr. Askin and Mr. Chen , on the brief).


Chief Justice RABNER delivered the opinion of the Court.

The question in this appeal is whether a homeowners' association can prohibit residents from posting political signs in the windows of their own homes.

Defendant Wasim Khan lives in a planned townhouse community that is managed by plaintiff Mazdabrook Commons, a homeowners' association. In 2005, Khan ran for Parsippany Town Council and posted two signs in support of his candidacy at his private residence...

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