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:

“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.

“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.

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.

New rules and regulations updating the New Jersey State Sanitary Code, Chapter IX – Public Recreational Bathing, N.J.A.C. 8:26, became effective on January 16, 2018.

In order to help community associations understand and plan for implementation of these new rules and regulations, Hill Wallack LLP will be hosting a free webinar on this topic with representatives from American Pool at 12 p.m. (noon) on February 20, 2018. If you are interested in registering for this webinar, please click here.

You can review our client alert on these new rules and regulations here.

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.

By Jonathan H. Katz, Esq.

In order to help community associations understand and plan for implementation of these new rules and regulations, Hill Wallack LLP will be hosting a free webinar on this topic with representatives from American Pool at 12 p.m. (noon) on February 20, 2018. If you are interested in registering for this webinar, please click here.

Without much publicity or fanfare, new rules and regulations updating the New Jersey State Sanitary Code, Chapter IX – Public Recreational Bathing, N.J.A.C. 8:26, became effective on January 16, 2018. If you live in a community association with a pool, these new rules and regulations will have a significant impact on opening and operating your pool this coming season. These are the most sweeping and important changes that have been made in a number of years, so managers and board members will need to pay close attention.