COVID-19 Immunity Law for Community Associations Expires January 1, 2022

As we reported in our previous blog, on July 1, 2021 Governor Murphy signed a COVID-19 liability protection bill and, by doing so, gave community associations some immunity from certain legal claims arising from COVID-19. The law provided that a community association “shall be immune from civil liability for damages arising from, or related to, an exposure to, or transmission of, COVID-19 on the premises” providing the association has prominently displayed a sign at entrances to common spaces.

That law expires as of January 1, 2022, and the protections provided by the COVID immunity law are no longer in effect. Boards and managers will have to evaluate whether and how this change will impact the operation of association common amenities, especially indoor amenities like clubhouses, meeting rooms, fitness rooms, indoor pools, and other facilities. We urge you to have this discussion without delay and contact legal counsel for any questions.

Five Steps to Successful Trustee Elections

Step One – Start Early. The time to start working on your next election is the day after your last election.

  • Make notes for next year. What worked well? What could be done better?
  • Clearly note the new (and existing) trustee terms in the minutes. Too often trustee terms get confusing, especially when there are appointments to vacant positions.
  • Save the draft minutes so they can be located and approved at the next annual meeting.
  • Consider amendments that will make the election process easier: electronic voting, electronic notice, quorum reduction, absentee ballots, eliminating double ballot procedures. Get those amendments approved and recorded at least three months before your next annual meeting.

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Does Your Community Association Want the New COVID Immunity? Post Your Signs Now!

On Thursday, July 1, 2021, Governor Murphy signed a COVID-19 liability protection bill and, by doing so, gave community associations some immunity from certain legal claims arising from COVID-19. The law provides that a community association “shall be immune from civil liability for damages arising from, or related to, an exposure to, or transmission of, COVID-19 on the premises” providing the association has prominently displayed a sign “at the entrance of any communal space shared by…residents and their guests, such as pools, gyms, and clubhouses.” The sign must state the following:

“ANY PERSON ENTERING THE PREMISES WAIVES ALL CIVIL LIABILITY AGAINST THE PLANNED REAL ESTATE DEVELOPMENT FOR DAMAGES ARISING FROM, OR RELATED TO, AN EXPOSURE TO, OR TRANSMISSION OF, COVID-19 ON THE PREMISES, EXCEPT FOR ACTS OR OMISSIONS CONSTITUTING A CRIME, ACTUAL FRAUD, ACTUAL MALICE, GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT.”

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Pools (and Some Other Amenities) are Opening in New Jersey! Should You Open Yours?

Governor Murphy has now announced that community association pools may open in New Jersey on June 22. If you didn’t hear that announcement, you probably did hear the collective cheers from Cape May to Mahwah.

But, just because pools and some other amenities may open, you must ask: should you open yours?

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Staying the Course: Assessment Collection During (and After) the Coronavirus Pandemic

The coronavirus pandemic, with its stay at home mandates and work restrictions, is hitting the economy hard. Community association boards and managers should anticipate adverse impacts in the collection of assessments as early as April and must be prepared to address these delinquencies.

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Community Association Meetings During the Coronavirus Pandemic (Or Any Other Time of Crisis)

If you watch or read the news lately, the coronavirus seems to be everywhere. And that’s the problem, right? With the uncertainty of what might be coming, community association boards and managers may want to take actions to help protect their residents and limit the spread of this virus. Rethinking close quarters gatherings – such as social events and meetings – may be prudent or even mandated to help residents keep the recommended “social distance.” This coronavirus may run its course soon, but another type of crisis could be around the corner. Boards and managers should have contingency plans in place for meetings so that they and the owners can continue to conduct business.

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How to Know You Have the Right Transition Attorney for Your Community Association

When community association board members hire a transition attorney for their condominium or homeowners association, they may not know exactly what to look for. They may not know much about transition to begin with, or may not know the right questions to ask in order to find the right transition attorney. If your association is looking for a transition attorney, or you are reconsidering the one you have, the following may help you to identify the right transition attorney.

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Updates to Public Recreational Bathing Code Subsequent to January 2018 Revisions

If your community association has a pool, you are probably well aware of the sweeping changes made to the Public Recreational Bathing Code (Bathing Code) in January 2018. You may not, however, be aware of two updates since those revisions were implemented.

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