There’s hope for renewed Association immunity legislation yet. On Monday, Assembly Bill 5549 was made law. Assembly Bill 5549 (https://www.njleg.state.nj.us/Bills/2020/A9999/5549_I1.PDF but note that the bracketed language is being deleted) provides that Associations may continue to have remote membership meetings even if there is no state of emergency so long as the Board authorizes and adopts guidelines and procedures governing such meetings. Association Counsel should assist in preparing the required guidelines and procedures.

Thanks to all of you and CAI-NJ’s Legislative Action Committee for continuing to advocate for legislation that is important to Associations. Keep up the good work! Hopefully renewed Association immunity legislation will be in place before pool season.

 

Be aware that, unless extended, the COVID-19 immunity law expires at the end of the day on December 31, 2021. Please continue to lobby your legislative representatives and the Governor’s Office to extend the immunity as proposed by CAI-NJ’s Legislative Action Committee. If the immunity is not extended, the Association should revisit its practices in light of the increased liability potential.

Today the New Jersey Assembly passed the COVID-19 Association Immunity bill (formerly A4979 now substituted by S3584).    On June 2, 2021, the New Jersey Senate passed the bill.  We look forward to Governor Murphy quickly signing the bill into law.  Thank you to NJ-CAI’s Legislative Action Committee and all of you who continue to support passage of this important legislation.  The text of S3584 may be found here   https://www.njleg.state.nj.us/2020/Bills/S4000/3584_I1.HTM

 

Associations must continue to function.  Board meetings must be held, and decisions must be made.

The CDC has recommended against any gatherings of ten or more people through at least the middle of May.  Therefore, Association’s must postpone community events and avoid in-person meetings. However, the Association must continue to operate, and the Board must continue to conduct the Association’ s business.

To do so, the board must continue to meet on a regular basis but should do so via teleconference, Skype, Zoom, etc.  Some larger communities with closed-circuit television can televise their remote meetings for their members.  Keep in mind that transparency remains paramount, even when “open” board meetings are being held virtually or remotely.  So, in order to maintain transparency during this difficult time, boards should make their meeting agendas available prior to open meetings.

Associations should also provide a means for its members to propose questions or comments during their meetings.  Some associations have set up separate email accounts for member questions and comments to ensure that they do not become lost among other association-related emails.  Others are having the members email management directly.  Zoom and other software applications have “chat” and “raise your hand” features that allow members to participate virtually.

At the virtual or remote board meeting, business must be conducted as usual.  Motions must be made, discussed among the board members, and voted upon.  The board should review and discuss the comments and questions submitted by members during the ‘new business’ or ‘open questions’ portion of the meeting.

Immediately following the board meeting, it is important to communicate with the members.  Instead of waiting for the meeting minutes to be prepared, finalized, and approved at the next board meeting, the board should consider immediately providing an overview of the meeting to the members.  This overview may be more in-depth than typical meeting minutes to compensate for the fact that the members could not attend in-person. Official meeting minutes should also be prepared and approved at the next open meeting.

At the end of the day, it is important to remember that the association must continue to function.  Open meetings must be as transparent as possible, and communication with the members is key.

On May 13, 2020, the CDC issued a nice “Stop the Spread of Germs” poster that is easily printed on 8 ½” x 11” shipping label stickers.  For example: Avery brand #5165 which are available on-line and at stores such as Staples.

The “Stop the Spread of Germs” and other printable CDC posters are available here:  https://www.cdc.gov/coronavirus/2019-ncov/communication/print-resources.html?Sort=Date%3A%3Adesc

These printable CDC posters may be used in your Association’s Common Areas such as entryways, lobbies, elevators, stairways, mail rooms, trash rooms, package rooms etc. (be aware of potential surface damage caused by the stickers).  Among other things, as restrictions are relaxed, these posters will serve as reminders that the COVID-19 risk remains and that the CDC’s guidelines should still be followed.

On Wednesday, April 8, 2020 Governor Murphy announced pending Executive Orders that will become effective on Friday, April 10th.  Governor Murphy’s presentation may be viewed here: https://www.state.nj.us/governor/.  Among other things, these Executive Orders will address:

Closure of Non-Essential Construction

All non-essential construction across the state will cease, indefinitely, effective 8 p.m. Friday.

Exceptions to this shut-down include: projects at our hospitals and schools, in our transportation and utility sector, the building of affordable housing, other individual housing sites that can adhere to strict limits on the number of workers on-site at any given time, emergency repairs, and work needed to safely secure a construction site, and other limited instances.  We will provide additional information on the Governor’s Order once it is issued.

New Guidelines for Essential Retail Stores

All essential retail must indefinitely limit the number of customers in their stores to 50 percent of their approved capacity. Customers and employees must wear face coverings. Stores must provide special shopping hours for high-risk individuals, erect physical barriers between customers and cashiers and baggers where practicable, and regularly sanitize areas used by their employees.

New Guidelines for Warehouses and Manufacturing Facilities

The order will also put greater protections in place for the workers at our warehouses, and in manufacturing.

Again, we will provide additional information on the Governor’s Order once it is issued.

More detailed information may be found at: https://covid19.nj.gov/

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security (CARES) Act, which provides relief to taxpayers affected by the novel coronavirus (COVID-19). The CARES Act is the third round of federal government aid related to COVID-19.

The bill authorizes emergency loans to distressed businesses, including air carriers, and suspends certain aviation excise taxes.

With respect to small businesses, the bill

  • establishes, and provides funding for, forgivable bridge loans; and
  • provides additional funding for grants and technical assistance.

The bill also provides funding for $1,200 tax rebates to individuals, with additional $500 payments per qualifying child. The rebate begins phasing out when incomes exceed $75,000 (or $150,000 for joint filers).

The bill establishes limits on requirements for employers to provide paid leave.

With respect to taxes, the bill

  • establishes special rules for certain tax-favored withdrawals from retirement plans;
  • delays due dates for employer payroll taxes and estimated tax payments for corporations; and
  • revises other provisions, including those related to losses, charitable deductions, and business interest.

With respect to health care, the bill

  • provides additional funding for the prevention, diagnosis, and treatment of COVID-19;
  • limits liability for volunteer health care professionals;
  • prioritizes Food and Drug Administration (FDA) review of certain drugs;
  • allows emergency use of certain diagnostic tests that are not approved by the FDA;
  • expands health-insurance coverage for diagnostic testing and requires coverage for preventative services and vaccines;
  • revises other provisions, including those regarding the medical supply chain, the national stockpile, the health care workforce, the Healthy Start program, telehealth services, nutrition services, Medicare, and Medicaid.

With respect to education, the bill

  • temporarily suspends payments for federal student loans; and
  • otherwise revises provisions related to campus-based aid, supplemental educational-opportunity grants, federal work-study, subsidized loans, Pell grants, and foreign institutions.

The bill also authorizes the Department of the Treasury to temporarily guarantee money-market funds.

To read the full bill please click on the following link: https://www.congress.gov/bill/116th-congress/house-bill/748/text