We have important news about legislation introduced by Assemblymen Mazzeo and Armato and Senator Greenstein. You all are quite aware of the liability issues that contributed to preventing the vast majority of all community association pools, gyms and other amenities in New Jersey from opening last year. As a means of helping avoid that difficult situation again this year, this new legislation will render it easier for executive boards to make the important decision whether to open community association pools and other amenities.

Assemblymen Mazzeo and Armato from Atlantic County have introduced A4979. Senator Greenstein, from Mercer and Middlesex Counties, has now introduced the identical bill in the Senate, S3584, which is modeled after language which your CAI Legislative Action Committee (LAC-NJ) recommended.

These bills provide that any illness, injury or death from or related to exposure to or transmission of COVID-19 on the premises of a planned real estate development shall not give rise to any cause of action. This immunity would not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.