Mazdabrook Commons Homeowners’ Ass’n v. Khan

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Plaintiff Mazdabrook Commons Homeowner's Association, Inc. manages a common-interest community in which individual owners agree to certain common rules and restrictions for the benefit of the entire group. The Rules and Regulations of the community bar signs except as provided in a "Declaration." Defendant Wasim Khan lived in a planned townhouse community managed by Mazdabrook Commons. In 2005, Defendant ran for Parsippany Town Council and posted two signs in support of his candidacy at his private residence: one inside the window of his townhouse and another inside the door. Mazdabrook notified Defendant that the signs violated the association's rules and ordered their removal. Mazdabrook's regulations banned all residential signs except "For Sale" signs. Upon review, the Supreme Court "balance[ed] the minimal interference with Mazdabrook's private property interest against [Defendant's] free speech right to post political signs on his own property" and found that the sign policy in question violated the free speech clause of the State Constitution. View "Mazdabrook Commons Homeowners' Ass'n v. Khan" on Justia Law