As we reported in our previous blog, on July 1, 2021 Governor Murphy signed a COVID-19 liability protection bill and, by doing so, gave community associations some immunity from certain legal claims arising from COVID-19. The law provided that a community association “shall be immune from civil liability for damages arising from, or related to, an exposure to, or transmission of, COVID-19 on the premises” providing the association has prominently displayed a sign at entrances to common spaces.

That law expires as of January 1, 2022, and the protections provided by the COVID immunity law are no longer in effect. Boards and managers will have to evaluate whether and how this change will impact the operation of association common amenities, especially indoor amenities like clubhouses, meeting rooms, fitness rooms, indoor pools, and other facilities. We urge you to have this discussion without delay and contact legal counsel for any questions.