BERKELEY – The bill that would hold senior communities harmless if a resident contracts COVID-19 on their property has been referred to the Senate Community and Urban Affairs Committee.
There are a lot of steps before it could become a law. The current version of the bill is pending technical review by legislative counsel.
Homeowners associations were worried that anyone contracting COVID-19 could sue the association – and members personally. It might be difficult to prove that someone contracted the virus in a clubhouse or similar space, but even a frivolous lawsuit could still be financially damaging.
The language of the bill makes the homeowner association and its members immune from civil liability for any damages borne from the transmission of COVID-19 on community property. The development would have to have signage displayed at the entrances of communal spaces warning people that by entering the premises, you waive all liability against the development.
The community would still be liable for a crime, fraud, malice, gross negligence, recklessness, or willful misconduct. Also, workers’ compensation law would still allow employees to make claims.
Outside of the legalese, Senator Christopher Connors told The Berkeley Times in December that the goal was to make sure that those who run the communities won’t get sued as long as they are acting in good faith and following current guidelines.
Residents might remember that there was temporary immunity granted in the past. A law enacted on June 30, 2021 provided legal immunity from COVID-related lawsuits to senior communities and other planned real estate developments. However, that law was only made to be short lived. It expired on January 1, 2022.
The Senate bill, S-177, and its Assembly companion, A-729, let planned real estate developments (like senior communities) have permanent immunities from lawsuits.
The bill is sponsored by local Senators Christopher Connors (R-9th) and James Holzapfel (R-10th), with the Assembly version sponsored by their partners in that branch of government: Brian Rumpf, DiAnne Gove (both R-9th), Gregory McGuckin and John Catalano (both R-10th).
Connors told The Berkeley Times in December that the original bill faced a lot of hurdles in order to pass. Other legislators were worried about allowing permanent immunity that goes beyond a state of emergency, for example. It never made it to the floor for a vote. He had hoped the governor would extend it via Executive Order, but that didn’t happen and the bill died when the legislative session concluded. Now, it’s been re-introduced.
With the re-introduction of new bills, the 9th District legislators said “Our legislation proposes to eliminate the expiration of immunity for planned real estate developments in the event of COVID-19 spread. In our opinion, this is a more effective approach to the extent that senior communities would not have to deal with this issue every year as we do not know how long COVID will remain a public health matter.”
“With the appropriate safeguards and the legal assurance, everything worked fine last summer,” McGuckin said. “As this pandemic rolls on with no end in sight, there’s no reason not to make this solution permanent, and that’s exactly what our legislation will do.”
Communities would be required to post signage at the entrance to shared spaces including pools and gyms notifying visitors that by entering the areas they are waiving all civil liability for damages arising from COVID.
“Residents who invest their hard-earned money in communities so they can enjoy the amenities should have the option to enjoy what they pay for,” said Assemblyman Catalano. “After two years of the pandemic, people have learned to accept a reasonable level of risk when they leave the home, and they are tired of being told what they can’t do. Our seniors have earned the right to hang out at the pool and enjoy the clubhouse and gym in their communities.”
The timeline for the bill to come to a vote is not yet known.
The original bills that created the immunity were S-3584 and A-4979.
