July 2, 2021

Written by: George Greatrex, Esq.

Following up on our alert of June 29, the bill (A4979/S3584) that provides limited immunity from COVID-19 related civil claims to common interest communities in New Jersey has been signed into law by Governor Murphy. The immunity is effective from July 1, 2021 to December 31, 2021.

There are two requirements in order for this statutory immunity to protect New Jersey’s common interest communities

1. A sign must be prominently displayed at the entrance to each of the community’s amenities which states these exact words:

"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."

2.    The exposure to or transmission of the COVID-19 virus must not have occurred due to the acts or omissions of the Association which would constitute a crime, actual fraud, actual malice, gross negligence, recklessness or willful misconduct. Therefore it is strongly recommended that all common interest communities continue to follow the applicable CDC Guidelines and NJ Department of Health guidelines with regard to the use of their amenities.

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

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