Written by: Gregg Shivers, Esq.

With the passage of the immunity bill for community associations, boards are quickly and enthusiastically returning to business as usual. As part of that movement, some associations are scheduling bus trips, holiday parties and other off-site activities. It is important to remember that the limited immunity provided by this new law only applies to exposures to COVID-19 on the premises of the Association. The purpose of the bill was to allow associations to safely open their pools and clubhouses and was not meant as a blanket immunity. Therefore, your association is not protected against COVID-19 claims by insurance or the immunity law for off-site activities.

With the number of new cases, hospitalizations and deaths increasing again, any Board planning an off-site activity should consider their decision carefully.  At the very least, you should require participants to sign a waiver; however, keeping activities on-site is the best course of action.

Also, remember that unless the immunity law is extended by the legislature, it only covers exposures through December 31, 2021. You should keep that in mind when planning your winter calendars.

If you have questions about how this immunity law affects your community, or have any other issues with your community association, please contact one of our community association attorneys.

Written by: Loren Lightman

On May 19, 2021, the New Jersey Department of Health issued updated regulations applicable to indoor and outdoor community association pools. The most significant change from prior regulations is that both indoor and outdoor pools are no longer subject to percentage based capacity limits; rather, the regulations require measures are taken to ensure that “patrons or groups of patrons” can maintain a 6-foot distance from other patrons both in and out of the pool which are to be incorporated into the Covid-19 Pool Operation Prevention Plan (CPOPP) submitted by the association to the local health authority.

The Governor announced today that a number of restrictions will be modified as of May 19. However, he noted that we would be receiving details from the New Jersey Department of Health (DOH) regarding some of these changes. As usual, we will need to see those details before we can take specific actions, especially in regard to swimming pools and gyms. Here are the highlights as they pertain to community associations:

Written by: Ronald L. Perl

With more favorable infection numbers and the increasing number of vaccinated individuals, the Governor is raising the limits on indoor and outdoor gatherings as of Friday, March 19th.

Written by: Jonathan H. Katz, Esq.

On February 22, 2021, Governor Murphy signed into law the long-awaited cannabis legislation, which legalizes the consumption of lawfully possessed cannabis items and provides for the regulation of cannabis use and possession for individuals twenty-one (21) years and older. Many provisions in the law will not become operative until the newly formed Cannabis Regulatory Commission adopts rules and regulations to guide licensing of new businesses, workplace drug testing, and funding for community programs. And until that happens, there will not be legal marijuana sales in New Jersey.

Written by: George C. Greatrex, Jr.

We are now entering our second year of the COVID-19 pandemic and an important question continues to be asked by our community association clients:   Should we open our pool and/or clubhouse?  And if so, how can we do it safely and without fear of lawsuits?  In analyzing those questions and the considerations underlying the answers, it must be acknowledged that while changes have occurred in some of those considerations, much has not changed.  For instance, these developments have reduced or will reduce the risk of transmission of the virus:

Congratulations to Hill Wallack LLP‘s Loren Lightman, Esq. and Jonathan H. Katz who will be CAI Chapter Board Presidents in 2021. Loren will guide Community Associations Institute-New Jersey Chapter, while Jon takes over Community Associations Institute • Pennsylvania & Delaware Valley Chapter. Looking forward to a great year!