July 29, 2021
Client Alert: Immunity Law Only Applies To Activities On Association Property
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.
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