Governor Murphy Signs Law Providing Limited Immunity from COVID-19 Claims to Common Interest Communities
Governor Phil Murphy signed into law the bill that provides limited immunity from COVID19 claims to common interest communities in New Jersey (A4979/S3584). The immunity takes effect July 1, 2021 and expires on January 1, 2022.
There are two requirements in order for this statutory immunity to protect a common interest association. They are:
- A sign must be prominently displayed at the entrance to the community’s amenities which states: “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.”
- The exposure to or transmission of the COVID19 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.
It is strongly recommended that all associations continue to follow the applicable CDC Guidelines and NJ Department of Health guidelines with regard to the use of the amenities.
This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney. This website is an advertisement by the law firm of Radom & Wetter. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Radom & Wetter is a law firm in the state of New Jersey and serves the following communities; Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County and Warren County.