Page 18 - CooperatorNews New Jersey Spring 2021

18 COOPERATORNEWS NEW JERSEY —SPRING 2021 NJ.COOPERATORNEWS.COM BRINGING COMMUNITY TO NEW JERSEY www.communityservices.com At Associa, we not only have the local expertise that comes with living, working and playing in the communities we serve every day—we have the national resources to provide top-tier property management, robust financial services and more. Community management isn’t what we do - it’s who we are. Contact us to learn more! 55 Lane Road, Suite 440 Fairfield, NJ 07004 973-773-6262 says Scott Piekarsky, an attorney with things changed permanently (at least to Phillips Nizer in New Jersey. “People may some degree, in some areas), or will this get injured due to the pandemic through all end eventually and life return to pre- infection. Again this year, we have the pandemic realities? same concerns about people getting ill and the ramifications of that. Aside from there is a growing consensus in the medi- health and safety and legal compliance, cal and scientific communities that CO- one big issue is what insurance compa- nies will cover. A condominium associa- tion is a business, and you have to protect is underway to get people vaccinated, the members. There is a fiduciary duty. increasing evidence points to this virus We are hearing now that if someone gets looking a lot more like the flu than, say, COVID and sues the association, insur- ance will not defend or indemnify. No nation effort was effectively eradicated defense and no payout, until this is adju- dicated. Coverage litigation actually started last sum- mer; we’re see- ing it now, and I think we’ll see an increase in cases going forward. We may have a category of cases that get called ‘COVID-19 cases’ that will increase, and these cases will be filed in the courts.” Cost Another seri- ous issue facing boards if they decide to reopen their amenities is the cost involved with doing so. Various They ask themselves, ‘How much effort agencies at the state and local level have should we put into it?’” He says if unit established rules for social distancing owners are thinking short-term, or even and masking; requirements often also in- clude extra cleaning staff and personnel changes required to live with COVID-19 to observe and maintain crowd control are permanent, they’re less likely to insti- within the amenity area. Those addition- al costs could make reopening a financial changes, nor to spend the money to do it. impossibility for some communities. Stephen DiNocco, a principal with Af- finity Realty and Property Management ers who are not in their bubble, so why in Massachusetts, recounts that last year would we make a decision for their com- the board of health that governs some munity that allows something that they of his communities “made such difficult wouldn’t do themselves right now?” He rules that many communities couldn’t expects a lot of people to say it’s no big open. In one case,” he details, “the prop- erty contained more than 1,000 residents. accept limitations on amenity use, since The regulations didn’t permit more than they wouldn’t put themselves at risk any- 20 people in the pool at one time. After way. “There isn’t much interest in re- one use of the bathroom, it had to be opening,” he stresses. “I’ve only received cleaned and disinfected. The children’s one request to reopen the gym.” pool wasn’t permitted to be used at all. Many boards are saying it’s not finan- cially practical to reopen. Rules require ly—also sadly—unlike any national cri- so much additional personnel for super- vision and logistics, they can’t afford the has been politicized. Numerous sources extra staff.” Understanding the Realities of COVID-19 Another factor in planning for the to it, are often reflective of the political summer and beyond is the way board members and residents of condomini- um associations and co-op corporations understand and view the crisis. Have The facts on this are still unclear, but VID-19 will be with us for a long time, if not forever. While the massive campaign polio (which thanks to a global vacci- in 2018) in terms of remaining a major medical concern for the foreseeable future. It’s unlikely vaccination for CO- VID-19 will be ‘one and done.’ Even some of the current vac- cines require two doses, and with talk of new variants daily, experts are increas- ingly suggesting a booster shot will be needed—probably on an annual basis. According to DiNocco, “One thing that has been in the back of people’s minds is that this is a temporary situation, and that it will end. medium-term, and they don’t believe the tute rules changes that are effectively life The other factor DiNocco points to is, “People don’t want to be around oth- deal for now, and that they’re willing to Politics Lastly, and possibly most important- sis before it, the COVID-19 pandemic who preferred not to give their names have stressed that the decisions about reopening, and the rules that will apply COVID-19... continued from page 17 “Th e impact is simple: if someone gets sick and sues the association, there’s no ability for the insurer to validate the litigation. As- sociations would own the litigation and the claim. All the risk is on the asso- ciation.” —Joe Balzamo