Recently, our firm successfully obtained a dismissal for a community association in New Jersey by arguing that the association’s tort immunity provision in their bylaws applied to plaintiff’s claims and as such plaintiff’s complaint was barred as a matter of law.
New Jersey law (2A:61A-13) affords community associations the ability to amend their bylaws to provide for tort immunity against claims brought by unit owners that allege bodily injury caused by the association’s negligence. Despite this powerful tool, judges are often reluctant to dismiss a claim prior to any discovery. Even if a judge dismisses the negligence claims, they will often allow the gross negligence claim to survive which would still force the parties to engage in time consuming discovery only for the community association to seek dismissal again once discovery is complete as the burden to prove gross negligence is difficult to meet.
In the matter recently handled by our firm, plaintiff allegedly tripped and fell on a sidewalk that was maintained by the association. Plaintiff’s complaint alleged that the association was negligent, and plaintiff suffered great bodily harm as a result of their fall. Because the association had the appropriate tort immunity language in their bylaws, and plaintiff was a unit owner, the judge dismissed plaintiff’s complaint in its entirety prior to any discovery. Here, having an experienced community association attorney able to navigate the claim, interpret the relevant governing documents and prepare a motion that left no doubt that plaintiff’s allegations are barred provided a win for our firm, the community association and the association’s insurance carrier.
Community Association Tort Immunity Saves the Day Again