Senator Christopher Connors, Assemblyman Brian Rumpf and Assemblywoman DiAnne Gove hailed the signing of S-3584 as a statutory means of protecting senior communities from potentially expensive pandemic-related lawsuits now.
Specifically, the law prohibits any causes of action for damages arising from a COVID-19 exposure or transmission on the premises of a planned real estate development. The immunity would not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.
The 9th District legislators issued the following statement on signing of S-3584, which was introduced by the Senator Linda Greenstein:
“It was a unanimous and bipartisan act by the Legislature to pass this legislative initiative so that residents of senior communities can use their clubhouses and pools without fear of their HOA facing COVID-related lawsuits.
“In representing the interests of our constituents, each member our delegation supported this legislative initiative from outset with the understanding that this issue directly impacted the quality of life for hundreds of thousands of seniors in the state. For those impacted, having access to their community facilities means a return to a sense of normalcy after more than a year of living under constraints created by the state of emergency.
“Most board members of HOAs are volunteers who have been placed in difficult positions to act what they determined to be in the best interest of their communities with respect to the opening of facilities. With the signing of S-3584, which takes effect immediately, board members of senior community residents can breathe a sigh of relief and move forward without the threat of their community being sued and forced to spend thousands in legal fees.
“For years, our delegation has worked to protect the autonomy of senior communities from interference by the Trenton bureaucracy. The bipartisan and successful effort to enact the legal COVID immunity law for senior communities has proven to be a rare, but certainly welcome, example of Trenton working to serve the interests of senior community residents.”