Helpful Information for your Operations Amidst Cities Reopening

Posted By: Chiquila Valentine (deleted) NAA Click & Lease Updates,

Helpful Information for your Operations
Amidst Cities Reopening

Dear Members,
As states begin to look at options for reopening, you may wonder what that means for your operations.  For example, does that mean a soft reopening of your common areas and amenities at reduced capacities? As you navigate what a soft reopening looks like at your property, you may want to consider proactively taking steps to protect against possible future liability for COVID-19 exposure claims from residents and their guests—such steps may include the use of liability waivers.

A liability waiver is an agreement between two (or more) parties, where one party, in this case, your residents and/or their guests, acknowledge the potential risks associated with participating in an activity or agreeing to receive services. By signing a liability waiver, your residents and their guests will be voluntarily relinquishing their right to sue your company for any damages or injuries that arise from participating in an activity or receiving services, such as using amenities or participating in property events or services. Liability waivers are only meant to limit your company’s exposure to lawsuits; they do not prevent claimants from filing lawsuits against you.

As you explore the legal landscape during this pandemic, we invite you to review the NAA Community Policies, Rules and Regulations Addendum, which includes a liability waiver. We recommend you work with your local counsel prior to implementing any liability waivers into your operations as enforceability varies by state.