Robert Dublirer vs. 2000 Linwood Avenue Owners, INC. (New Jersey)
Dublirer vs. 2000 Linwood Avenue Owners, INC once again raises the issue of whether the New Jersey State Constitution free speech clause applies to members' expression in community associations. Unlike Mazdabrook Commons Homeowners Association vs. Khan, 210 N.J. 482 (2012), Dublirer raises the issue of whether door-to-door distribution of campaign fliers and solicitation of votes is protected by the free speech clause.
2000 Linwood is a cooperative. Dublirer is a shareholder/tenant. 2000 Linwood has rules barring all solicitations and distributions of written materials within the building or the posting of signs in common areas without prior approval of the board. Nevertheless, the cooperative has made exceptions by distributing its own notices, including election campaign material. Board members also solicit proxy votes for elections. The Board members had different interpretations of what specifically is allowed and not allowed, but apparently they agreed that a person could solicit proxies for an election but would not be permitted to promote his own or another's candidacy.
Dublirer inquired whether the no-solicitation rule applied to his plan to distribute materials in the furtherance of his plan to run for a position on the board. He was informed the rule applied. Therefore, he submitted a formal request for permission to distribute the materials, which was denied. He then filed suit, seeking declatory and injuctive relief invalidating the no-solicitation rule.
Brief: CAI's Amicus Brief
Prior Ruling: Appellate Court Decision
Status: Amicus Brief Denied
Ruling: Against the Cooperative
CAI Amicus Brief Author: HILL WALLACK LLP
CAI Amicus Brief Review Committee: Robert Diamond, Esq; Jennifer Loheac, Esq; Stephen Marcus, Esq; Thomas Moriarty, Esq; Ellen Shapiro, Esq.