ALERT – Pending Immunity Legislation for Community Associations in NJ Senate and Assembly

March 29th, 2021 | News

There are now bills pending in both the New Jersey Senate (S3584) and New Jersey Assembly (A4979) that if enacted would provide immunity against any cause of action for any “illness, injury, death, or other damages arising from, or related to, an exposure to, or transmission of, COVID-19 on the premises of a planned real estate development,” including condominium associations, homeowners’ associations, cooperatives, and other PREDs.

Such immunity would apply, for example, to lawsuits alleging that negligence by a community association, property manager, pool management company, or other person involved in the operation of an association gym, swimming pool, or other amenity, caused someone to contract COVID-19 on an association’s premises. The possibility of liability for such claims has been a major factor in the decision by many community association boards to keep amenities closed, due to the lack of insurance for such claims.

Although there would not be immunity for “acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct,” and community associations still will not have insurance to defend against such claims, the bills, if enacted, will make it more difficult for a plaintiff to prevail on them.

If your Association wants to see these bills become law, reach out to your representatives in the State Senate and State Assembly and let them know.