CAI-NJ March 2021

However, it is certainly recommended that all executive boards invite com- ment from their members before mak- ing such decisions. Communication is vital in such situations. If an executive board ultimately decides to open its amenities it should do so only after consulting with its legal and insurance professionals, its man- agement company, and its pool opera- tor and/or cleaning contractors. Once that decision is made, the association must comply with all applicable and current federal, state, and local health guidelines as a means of rendering the use of its amenities as safe as possible. It should also consider: • Amending its governing documents to include a tort immunity provision (if not already there) • Requiring the use of liability waiv- ers as a condition of entrance to and use of the amenities; and • They require proof of immunization as a condition of entrance to and use of the amenities. Regarding this last consideration, use caution in requiring proof of vaccination. It is fraught with potential legal impli- cations, so all boards are strongly encouraged to discuss this with legal counsel before implementing it. Community association executive boards in New Jersey must remember that they have the duty to “protect and further the health, safety and general welfare of the residents” of their com- munities. It is a heavy burden, requiring board members to consider both the physical health of its members and the association’s financial health. The decision to open amenities under these conditions surely tests the mettle of any executive board. n

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