Associations and Our Pools – What should we do?
In this unusual and unprecedented time, many Associations are wondering how this pandemic will affect their existing contracts, such as pool contracts. Many are contemplating whether they should even open their pools at all this season. These are all great questions and because some contracts are already executed and in place, it is important to thoroughly review your contract to see what the fine print says. Most contracts will not include spot-on provisions that apply to our current unusual situation. However, a lot of contractors may have policies set into place about how they will operate for the upcoming season.
NJ Essential Businesses Update
Governor Murphy announced on March 24, 2020, through an administrative order, which permits additional retail businesses to operate during their normal business hours during the COVID-19 outbreak. In accordance with Executive Order 107, the following businesses are now considered essential: Mobile phone retail and repair shops; Bicycle shops, but only to provide service and repair; Livestock feed stores; Nurseries and garden centers; and Farming equipment stores.
Pennsylvania Courts – Covid-19 Update
In the midst of these unusual times, Petitioners, Civil Rights Defense Firm, P.C., Firearms Policy Coalition, Inc., Prince Law Offices, P.C., Trop Gun Shop Ltd., and Roger Mullins, filed a Petitioners’ Emergency Ex Parte Application for Extraordinary Relief Pursuant to the Court’s King’s Bench Jurisdiction, against Governor Tom Wolf. In that application, the Petitioners challenged the constitutionality of the Governor’s March 19, 2020 Order, which ordered all businesses that were not life-sustaining to be closed. In response, the Supreme Court of Pennsylvania Middle District held on March 22, 2020, “With respect to those Petitioners alleging that the Governor’s March 19 Order infringes on this Court’s exclusive authority to regulate the practice of law, or otherwise interferes with this Court’s orders declaring a statewide judicial emergency…, the Application is DISMISSED AS MOOT.” The Order further states, “Although the Governor’s March 19 Order provides that businesses performing “Legal Services” must cease physical operations, he subsequently added the following proviso: ‘Except as required to allow attorneys to participate in court functions deemed essential by a president judge per the Pennsylvania Supreme Court's order of March 18, 2020, or similar federal court directive, and lawyers may access their offices to effectuate such functions and directives.’”
THE CORONAVIRUS PANDEMIC AND ITS IMPENDING EFFECT ON LANDLORDS
By now, most states have instituted mandatory rules requiring non-essential people to work from home. In many cases, some workers have been afforded this convenience, however there are many that have lost employment. In all cases, one major concern has been the ability of many individuals and families to continuing making rent payments to landlords.
The Coronavirus Tragedy of 2020: The Community Association Guide
COVID-19, which is being commonly referred to as “Coronavirus” is considered a worldwide pandemic by the World Health Organization (WHO). The Coronavirus Tragedy of 2020 continues to impact the entire world. The Federal Government declared Coronavirus a National Emergency. Areas where large amounts of people gather have been closed or prevented audiences to be present (Broadway, Disneyland/Disney World, etc.), including sporting events (NBA, NHL, UFC, MLB, etc.). Italy’s recorded deaths surpassed those of China recently. Coronavirus is a continuously increasing threat to the entire world.
Conducting an Association Election by Mail
Community Association elections are generally performed based upon a combination of statutory and By-Law requirements. Not all By-Laws are the same, however, and before conducting an election it is essential to review the By-Laws for your particular Association.
Governor Murphy's Executive Order
Governor Murphy issued a “Stay at Home” Order, by way of Executive Order Number 107, in response to the increasing number of positive COVID-19 test results. The Executive Order is available in the link below: https://nj.gov/infobank/eo/056murphy/pdf/EO-107.pdf
New York Covid-19 Updates
In response to Covid-19, as of March 20, 2020, New York Governor Andrew Cuomo announced that he will be signing an executive order which will state that all workers in non-essential businesses must stay home. Cuomo stated that “only essential businesses can have workers commuting to the job or on the job.” All non-essential gatherings of any size are cancelled or postponed. These new rules are to go into effect on Sunday, March 22, 2020. Essential businesses include grocery stores, pharmacies, gas stations, and banks. The Governor noted today that this is a legal order and will be enforced. Businesses not in compliance are subject to civil fines and mandatory closure.
Pennsylvania Covid-19 Update Landlord/Tenant Court
In response to Covid-19, on March 18, 2020, the Supreme Court of Pennsylvania, Western District has issued an Order directing that all Pennsylvania courts are closed to the public from March 20, 2020 through at least April 3, 2020. With regard to landlord/tenant court matters, it was directed that during the period encompassed by the Order or the judicial emergency, whichever is longer, “no officer, official, or other person employed by the Pennsylvania Judiciary at any level shall effectuate an eviction, ejectment, or other displacement from a residence based upon the failure to make a rent, loan, or other similar payment. Nothing herein is intended to preclude requests for orders of possession resulting from judgments entered in landlord-tenant actions to be filed by mail. However, any execution on an order of possession is stayed to a date on or after April 3, 2020, subject to further orders.” Further, all time calculations for purposes of time computation relevant to court cases or other judicial business, as well as time deadlines, are also suspended through April 3, 2020.
Landlord/Tenant Legislation: COVID-19 Response
The Assembly Homeland Security and State Preparedness Committee advanced a number of bills to address the COVID-19 crisis. Senator Joe Cryan proposed a bill to the Assembly, A-3859/S-2276, which introduced a moratorium on evictions of tenants. The Senate held a Judiciary Committee Meeting and a Senate Voting Session today to vote on these proposed this bill. The Senate made a unanimous decision to pass the bill into law. The new law, in summary, states the following: