Hello residents! 

Following our recent open board session on 3/31, below is some information on the need to vote for an amendment to our bylaws as a first necessary step towards reopening our amenities. While state law/guidance has not yet changed in regard to COVID-specific regulations and legal liability, the board in partnership with our association counsel and management team is doing everything possible to get us ready to reopen.

At its core, the amendment is looking to provide additional protection to the Association and its members from people that want to engage in lawsuits for bodily injury related to ordinary negligence. The idea is to minimize the risk and associated high cost of engaging legal counsel simply to defend ourselves from frivolous suits (please note that insurance companies don’t cover any costs for defense or any resulting judgments).

To be clear, this does not mean that by approving this amendment, members are waiving the right to bring any other type of lawsuit. For example, if you suffer bodily injury due to gross negligence, this does not prevent members from suing.

You can download the full amendment package here

Why do we need this now? 

Our legal counsel has indicated that this is the first and most important step towards reopening our amenities in light of COVID-19. The pool, playgrounds, gym, etc. And with vaccinations picking up steam, the hope is that both the state guidance is changed and we have this new level of protection in place to then take the other steps necessary to safely reopen. 
 
Having tort immunity is actually standard for most condo associations in NJ.  Re-opening our amenities may be the impetus for this effort but it goes well beyond that.  This is protection we should have in place regardless of Covid to bring IH to the same place as our neighbors. 

What are the other steps? 

Each amenity has specific Covid-related safety guidelines and what steps/actions need to be taken by the Association. Take the pool for example. One of the things we would need to do is hire an additional specialist resource called a “Pool ambassador” to ensure state guidance is followed - such as not exceeding 50% capacity of the pool.

The good news is that some of these steps the board has already started gathering costs on (like the pool ambassador). Other steps we are working with our attorney and management team to investigate. So to recap, this bylaw amendment is step 1 only. But without it, reopening will not be possible. 

How do owners vote? 

Management is mailing out the ballot with the details to all unit owners and you should receive it shortly.  We need 2/3rds of our owners to approve this change… no small task.

For those that prefer electronic means, management has also emailed the package to all owners with an address on file. And you can also download the full package here.

You have several options for returning your completed ballot (it’s just the blue single page form)

• Via physical dropbox at the Clubhouse

• Via fax to the office at (201) 945-0837

• Via electronic methods

  • Mobile phone - print the ballot, fill it out, scan it and email the file to management@independence-harbor.com 

  • Computer - same as mobile phone OR edit the PDF directly and email it (you will need either Adobe Acrobat or other free option)

How can renters help?

While renters are not eligible to vote, they are critical to getting this amendment passed! Please contact your landlord to make them aware of the importance of this vote.

When is the response deadline? 

To give us a realistic shot to reopen in time for the full summer season, we are asking everyone to provide their ballot BY APRIL 30, 2021. 

Thank you for your attention to this very time-sensitive matter, 

Your board of directors

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