Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: December 16, 2014
The Firm
201-896-4100 info@sh-law.comIf you live in a New Jersey condominium complex, you may notice an increase in flyers, advertisements, and other promotional material in your common areas. In Dublirer v. 200 Linwood Avenue Owners, NJ Supreme Court hold leaflet ban as unconstitutional.
As detailed more fully in a prior post, the suit challenged a house rule imposed on lessees of co-op units in a building known as Mediterranean Towers South in Fort Lee (Med South). The rule, entitled “Soliciting/Notices,” provides:
There shall be no solicitation or distribution of any written materials anywhere upon the premises without authorization of the Board of Directors.
Without prior consent of the Board of Directors, no sign or notice shall be placed upon the bulletin board, [in] the mailroom, in the halls, lobby, elevators or on the doorways. A bulletin board for residents[‘] use is provided [near] the rear door.
Plaintiff Robert Dublirer alleged that the co-op’s board of directors violated his rights under Article I, Paragraph 6 of the state constitution by denying his request to distribute literature in support of his candidacy for the board. While the trial court dismissed the suit, the Appellate Division reversed after finding that the leaflet rule was too restrictive.
The Supreme Court of New Jersey affirmed, finding that the leaflet ban ran afoul of the plaintiff’s free speech rights. In reaching its decision, the court consulted a number of the its prior decisions, including those related to restrictions imposed on visitors to private property. It also considered its ruling in Committee for a Better Twin Rivers v. Twin Rivers Homeowners’ Association,which addressed challenges to restrictions on “political-like speech” aimed at affecting the manner in which a common interest condominium community was managed by its homeowner’s association.
After determining that existing precedent was “not a perfect fit,” the NJ Supreme Court established a new standard to evaluate restrictions on the right to free speech and assembly for residents of a private common-interest community. As explained by Chief Justice Stuart Rabner, courts must “focus on ‘the purpose of the expressional activity undertaken’ in relation to the property’s use … and should also consider the ‘general balancing of expressional rights and private property rights.’”
In this case, the court determined that the outright been went too far and had the effect of chilling political speech, “which is entitled to the highest level of protection in our society.” The court further noted that the “proposed speech would interfere only minimally with the interests of the apartment building and its residents.”
“Dublirer did not seek approval to use a bullhorn or a loudspeaker, or to erect a large sign in the lobby,” Judge Rabner added. “And residents could simply ignore or throw away any literature he placed under their doors.”
With regard to what type of restrictions would be permissible, the court indicated that co-op boards could limit the amount of material distributed by one person or the time of the day it is delivered.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]
Author: Ken Hollenbeck

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!