May 13, 2021

Volume XI, Number 133

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NJ S181-Act Concerning Snowplow/De-Icing Service Contracts in Community Associations

The New Jersey state Senate passed the bill 181, authored by Senator Christopher Bateman (Hunterdon, Mercer, Middlesex and Somerset), by a vote of 35-0 on January 23, 2017.

The bill, if passed by the Assembly and signed into law by the Governor, will render void and unenforceable any indemnification/hold harmless language in a contract with a snowplow vendor. This bill will not apply to the State or any municipal government.

Passage of New Jersey Senate bill 181 will have dire consequences for community associations. If passed, no longer can liability be imputed to a snow vendor for its negligent work. So, if a person slips and falls in a community association, and subsequently sues, the community association can no longer seek indemnification from the snow vendor – the party most likely responsible for the injury. This bill fully insulates the snow vendor from any liability UNLESS the snow vendor is given full authority to take all necessary action to “maintain the property.”

A companion Assembly bill, A3656, authored by Assemblyman Joseph Langana(Bergen and Passaic), has been referred to the Assembly Consumer Affairs Committee.

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COPYRIGHT © 2021, STARK & STARKNational Law Review, Volume VII, Number 152
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About this Author

A. Christopher Florio, Stark, New Jersey, Loan Transactions Lawyer, Community Associations attorney
Shareholder

A. Christopher Florio is a Shareholder and Chair of the Community Associations Group. Mr. Florio has substantial experience in the negotiation of loan transactions, collections, workouts, and real estate law, including foreclosures.

Mr. Florio has served as a member of the New Jersey Assembly Task Force, commissioned to study community associations in New Jersey. He was appointed to the position by General Assembly Speaker Chuck Haytaian and again by General Assembly Speaker Jack Collins. Additionally, he currently serves on the Legislative...

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