New Jersey is still reintroducing HOA COVID immunity bills in 2026
New Jersey is still reintroducing HOA COVID immunity bills in 2026
2026-09-15 · New Jersey · Legislation · Pending — not yet law
Four bills granting New Jersey community associations immunity from COVID-19 claims are pending in the 222nd Legislature. One of them would extend that immunity through December 31, 2022 — a date nearly four years in the past.
The four
S142, Senator Holzapfel, Senate Community and Urban Affairs: establishes immunity for senior planned-real-estate-development associations relating to COVID-19. Reintroduction of S2721.
S1532, Senator Amato, Senate Law and Public Safety: immunity for youth sports leagues and senior PRED associations. Reintroduction of S1894.
S1567, Senator Amato, Senate Community and Urban Affairs: makes permanent certain immunity regarding COVID-19 spread in planned real estate developments. Reintroduction of S2384.
S2092, Senator Moriarty, Senate Health, Human Services and Senior Citizens: extends immunity regarding COVID-19 claims in PREDs until December 31, 2022. Reintroduction of S1730.
All four were introduced on January 13, 2026, the first day of the session. None has any action beyond introduction.1
One did not come back
S2461, which would have granted immunity for COVID-19 spread at planned-real-estate-development swimming pools, died with the 221st Legislature and has no successor in the 222nd.
What this actually illustrates
Not a live policy debate — a mechanical feature of how New Jersey's Legislature works, and one that distorts how outsiders read the state's bill board.
Every bill not enacted dies when a two-year session adjourns. Sponsors who want another attempt reintroduce, and reintroduction is close to costless: the text is refiled as it stood, with a new number, on the first day of the new session. Nobody re-drafts it, and nothing forces a sponsor to ask whether the bill still makes sense.
So S2092 comes back in 2026 proposing to extend an immunity to a date that passed in 2022, because that is what S1730 said, and S1730 said it because it was drafted in 2024 from something drafted earlier still.
Why it matters for anyone reading a New Jersey bill list
Because "pending in the New Jersey Legislature" carries less information than it appears to.
Roughly thirty-five community-association bills are alive in the 222nd Legislature. Thirty-one of them are reintroductions of bills that already died at least once, several on their third or fourth cycle. Not one has had a committee vote in eight months.
A board, a manager or an owner reading that a bill is pending should ask two questions that are easy to answer from the Legislature's own records: is this a reintroduction, and has any committee ever voted on it? For most New Jersey association bills the answers are yes and no, and that pair is more informative than the bill text.
The substantive point, briefly
The underlying question these bills address is not silly. New Jersey associations operating clubhouses, pools and fitness rooms during the pandemic faced genuine uncertainty about exposure, and the Legislature granted immunities to other categories of operator.
Whether a permanent immunity of the kind S1567 proposes is appropriate is a real argument. It is just not an argument anyone is having: the bills sit in three different committees, unheard, alongside everything else.
What is actually current for a board
Nothing here changes any association's present obligations. An association's exposure for common-area operations is governed by its insurance programme, its governing documents and ordinary negligence principles — not by a pending immunity bill.
The useful current authority on common-area liability is judicial rather than legislative. In Weidlich v. 313-319 First Street Condo Association, decided July 22, 2025, the Appellate Division confirmed that associations owe a statutory duty to maintain common areas including paths and exterior stairs, while applying the ongoing storm rule to shield them from mid-storm snow and ice claims.
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