Mazdabrook Commons Homeowners' Association v. Khan
Parsippany · NJ · Supreme Court of New Jersey
Member win · speech-flags
What happened
Wasim Khan posted two signs supporting his own Town Council candidacy—in a window and inside his door. Mazdabrook ordered them removed under near-total residential sign bans (except For Sale signs / unguided board consent). The association later sued to collect assessments and fines; Khan counterclaimed on free-speech grounds. The Appellate Division sided with Khan; on June 13, 2012, the New Jersey Supreme Court affirmed.
What the court (or agency) held
The New Jersey Supreme Court held that an HOA near-total ban on residential signs—except 'For Sale' signs, and otherwise only with unguided board consent—violated the State Constitution's free-speech guarantee. Political speech supporting one's own candidacy is core protected expression. Balancing the minimal interference with Mazdabrook's aesthetic/property interest against Khan's right to post political signs in his own window and door, the Court affirmed the Appellate Division. Associations may use reasonable time, place, and manner limits, but not a near-complete ban without standards.
Why this matters for members
New Jersey constitutional free-speech protections can reach private common-interest communities when they suppress political speech on a resident's own unit. Unguided consent regimes and near-total bans fare poorly against core political expression.
What the member did
Posted the candidate signs on his own unit, then raised the New Jersey Constitution as a defense/counterclaim when the association sued to collect fines and assessments.
Questions for the board
- Do sign rules ban political or candidacy signs on an owner's own unit?
- Are there written, content-neutral size/duration/location standards rather than open-ended board consent?
- Does the board distribute its own messages while restricting owner political signs?
Questions for a lawyer
- How does Mazdabrook interact with Dublirer for leafleting vs signs on one's own unit?
- What time/place/manner limits would likely survive New Jersey constitutional balancing?
- Are fine/assessment collection suits the right vehicle if a free-speech counterclaim is strong?
Citation
Mazdabrook Commons Homeowners' Association v. Khan, 210 N.J. 482, 43 A.3d 325 (2012); A-65-10 (067094) (2012-06-13). Supreme Court of New Jersey. Outcome chip: member_win. Source: https://law.justia.com/cases/new-jersey/supreme-court/2012/a-65-10.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.