CAI-NJ March 2021

Amenity or Necessity? SHOULD WE OPEN THE POOL AND/OR CLUBHOUSE? By George Greatrex, Esq., Hill Wallack LLP

I n late January of last year, we heard news of a dangerous virus reported in China, and the danger it could spread outside of that country and become a worldwide pandemic. A month later, the first case of the COVID-19 virus had been identified within the United States and by mid-March life as we knew it changed drastically when states began “locking down” as a means of preventing the further spread of the virus. Today, we are approaching 30 million positive diagno- ses and 500,000 deaths from this terrible virus in the Unites States alone. For those living and working in common interest commu- nities in New Jersey, the pandemic and resulting executive orders from the Governor’s office have changed how our associations are governed and operated. Last spring, the main topic of conversation

in the community association industry was whether to open association amenities such as pools and clubhouses once the Governor’s lockdown orders were conditionally lifted. In light of the fact that claims for COVID-19 related illness and damages are not covered by an association’s insur- ance, and as a means of minimizing the further spread of the virus among its members, most (though not all) associa- tion executive boards decided not to open their pool and/ or clubhouses, even though the lifting of the Governor’s lockdown orders would have permitted it. Now, nearly a year later, the same questions are being asked. Should we open our pool and/or clubhouse? And if so, how can we do it safely and without fear of lawsuits? In analyzing those questions and the consider-

ations underlying the answers, we must acknowledge that CONT I NU E S ON PAGE 30

“Should we open our pool and/or clubhouse? And if so, how can we do it safely and without fear of lawsuits?”

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