Tennis Courts – Executive Order 147

On May 18 Governor Murphy’s Executive Order #147 (“EO”) was published. The order, among other matters, permits the opening of private “tennis clubs” subject to compliance with various regulations. Our Community Association Practice Group has reviewed these regulations and it is our opinion that association boards need to take the following into consideration before opening the community’s tennis courts: 1. Insurance coverage issues: As with all issues related to the coronavirus and possible claims related to the contraction of COVID-19, it is likely that the association’s insurance policy excludes claims related to viruses and, as such, if a claim were brought, the association would be compelled to respond to a complaint out of its own funds. While the likelihood of any such claim may be reasonably small, the cost of simply defending a COVID-19 claim could be very expensive. And, if a judgment were obtained the homeowners in the community would be responsible for paying the cost of any judgment, settlement, and costs of suit. We encourage the board to discuss with the association’s insurance agent if, and in what circumstances, coverage may be provided.