NJ LAC Needs Your Help

April 2, 2021 11:59 AM



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 84% of all community association pools, gyms and other amenities in New Jersey from opening last year. A repeat of this situation this year would be really awful, and this new legislation will help us in the all-important decision whether to open our 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 an exposure to or transmission of COVID19 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.



We need your help to encourage your local legislators to support this legislation. Attached is a proposed letter for you to use in communicating your support of these bills and likewise encouraging your home district legislators’ support of them. Please personalize the letter to explain your interest in these bills.

Here is a link to expedite communicating to your legislative leaders in your District: https://www.njleg.state.nj.us/members/legsearch.asp.

Please also consider sending a note of thanks to the sponsors of these bills: 

Vince Mazzeo - asmmazzeo@njleg.org
John Armato- asmarmato@njleg.org
Linda R. Greenstein – sengreenstein@njleg.org

Thank you for your anticipated support of these important bills. Please see a sample letter, below.  Let’s do this!

Your CAI Legislative Action Committee - NJ


Dear ___________________________:
I am writing to request your support of S3584 (Greenstein) and A4979 (Mazzeo/Armato) which would protect  common interest community associations and their volunteer board members from causes of action for damages arising from a COVID-19 exposure or transmission on the premises of their planned real estate development. This immunity would not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.
Please consider and support this legislation for the following reasons:
1. This legislation is vital because our associations are non-profit and our volunteer board   members are subject to being sued personally for COVID-19 claims. 

2. It will give volunteer board members an important tool to provide comfort when considering how and when to safely re-open their amenities.

3. Last year the vast majority of community associations across our state did not open their recreational amenities due largely for fear of uninsured COVID-19 claims.

4. It is unique from other pending immunity bills because it is narrowly focused to protect non-profit planned real estate developments and their volunteer board members and will allow for the safe reopening of their amenities. 

5. It is industry specific and serves all common interest communities. 
Thank you for your anticipated support for this important legislation that would benefit the nearly 1.5 million people who live and work in common interest communities in New Jersey.
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