Condo FAQs: Tort Immunity

Posted by on Jul 17, 2018 in Condo FAQs, Legal Decisions, Legislation

By Jonathan H. Katz, Esq.

Hill Wallack LLP’s Condo FAQs is a continuing series in which we answer frequently asked questions (FAQs) pertaining to condominiums, cooperatives and homeowners associations. These FAQs relate to various issues that include interpretation of governing documents, board meetings, suspension of privileges, collections, or bankruptcy and foreclosure.

Question:  We have been told that our association may not be responsible or liable for personal injuries or damages when someone slips and falls. Is that correct?

Answer:  If your by-laws contain a provision providing for tort immunity, the answer may be yes. New Jersey has a tort immunity statute that allows associations to shield themselves from liability for certain types of injuries caused to unit owners due to the association’s negligence. This immunity is applicable as long as the association has certain language in their by-laws or takes the proper steps to amend their by-laws.

Specifically, N.J.S.A. 2A:62A-13 provides:

Read More

CAMICB Releases White Paper on CMCA® Standards of Professional Conduct

Posted by on Jul 2, 2018 in CAI, Confidentiality & Ethics

By Jonathan H. Katz, Esq.

Community Association Managers International Certification Board (“CAMICB”) recently published a white paper detailing the Standards of Professional Conduct for Certified Managers of Community Associations (CMCAs®) and clarifying the procedures that allow complaints to be brought against CMCAs.

These Standards of Professional Conduct, which can be found at www.camicb.org/standards, include being knowledgeable about laws and regulations applicable to community associations and  management, complying with association governing documents, policies, and procedures, assisting boards in carrying out fiduciary responsibilities, and participating in continuing education. A violation of any of these Standards of Professional Conduct may be grounds for administrative action and possible revocation of the CMCA® certification by CAMICB.

Read More

Update to the Update: New Jersey Department of Health Issues UPDATED Public Recreational Bathing FAQ

Posted by on Apr 12, 2018 in Legislation, Safety

“It’s deja-vu all over again.”

To clarify the questions raised by it’s original FAQ (“Frequently Asked Questions”), the New Jersey Department of Health has issued an Updated FAQ regarding the new rules and regulations with regard to the New Jersey State Sanitary Code, Chapter IX – Public Recreational Bathing, N.J.A.C. 8:26. The Updated FAQ clarifies the new lifeguard requirements specifically with respect to “specially exempt” facilities (see picture above).

You can review the UPDATED Department of Health’s FAQ by clicking here.

Read More

Update on New Pool Regulations: New Jersey Department of Health Issues Public Recreational Bathing FAQ

Posted by on Apr 2, 2018 in Legislation, Safety

“Just when you thought it was safe to go back in the water…”

To address some of many, many questions that have arisen regarding the new rules and regulations updating the New Jersey State Sanitary Code, Chapter IX – Public Recreational Bathing, N.J.A.C. 8:26, the New Jersey Department of Health has recently published a FAQ (“Frequently Asked Questions”). The FAQ covers questions involving the new lifeguard requirements, “specially exempt” facilities, water sampling, and operational requirements.

You can review the Department of Health’s FAQ by clicking here.

Read More

In Case You Missed It – Watch the Hill Wallack/American Pool Webinar regarding Amendments to the New Jersey Public Recreational Bathing Code

Posted by on Feb 21, 2018 in Legislation, Speaking Engagements, Uncategorized, Webinar

In order to help community associations understand and plan for implementation of the recent amendments to the New Jersey Public Recreational Bathing Code, Hill Wallack LLP hosted an informational webinar on this topic with representatives from American Pool on February 20, 2018.

To view the webinar, please click here.

As discussed during the webinar, you can review the updated New Jersey State Sanitary Code – Public Recreational Bathing, N.J.A.C. 8:26, by clicking here.

Thanks to our friends at American Pool for participating in this webinar. You can reach American Pool at www.americanpool.com.

If you have any questions regarding these new rules and regulations updating the New Jersey Public Recreational Bathing Code, please contact one of our Community Association Attorneys. For breaking news or updates on new blog posts, follow us on Twitter at: @njcondolaw.

Read More
Facebook