In this expert commentary on the ability of homeowners associations to restrict residents' speech, Professor of Law Paula A. Franzese explains the significance of the New Jersey Supreme Court's decision in Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Ass'n. The court applied a first-amendment type test to homeowners associations, despite the conclusion that such associations are not constitutional actors. Professor Franzese writes:

[T]he Twin Rivers court did articulate a new and distinct constitutional standard, to apply to homeowners' associations regulation of expressive activities. At the very least, the court stated, restrictions on the exercise of residents’ constitutional rights ‘must be reasonable as to time, place and manner.’ (citation omitted) For that matter, the court added, its holding is not intended to suggest that ‘residents of a homeowners association may never successfully seek constitutional redress against a governing association that unreasonably infringes their free speech rights.’