Ethical and Effective Legal
Maddox, Segerblom & Canepa

COVID Bill Protects HOAs

In August 2020, lawmakers passed a COVID-19 liability bill that may shield businesses and non-profits in Nevada, including homeowners associations, from lawsuits if people contract the virus on the premises.

The Impact of SB4 on HOAs

Nevada lawmakers recently voted to grant final approval to Senate Bill 4 (SB4). This legislation mandates a number of health and safety protections for hospitality workers in the state and establishes broad liability protections to most businesses, governmental bodies, and nonprofit groups including HOAs. SB4 shields many businesses from COVID-19-related lawsuits. The bill does not create an impenetrable shield for businesses and non-profits like HOAs, however. Businesses are only protected if they are following federal, state, and local health mandates when the exposure occurs. Those that ignore published health and safety protocols can still be held liable when their negligence causes injuries or death.

Although victims will still be able to file personal injury lawsuits against negligent businesses to recover compensation for their losses if they contract COVID-19 on the premises, they will need to meet a higher threshold for their cases to move forward in the courts.

The protections apply to claims that accrue before, on, or after the effective date of SB4 and before the Declaration of Emergency for COVID-19, which was issued on March 12, 2020, is terminated, or July 1, 2023, whichever is later.

HOAs Reopening Facilities

To reduce the transmission of COVID-19, common-interest communities initially faced mandatory closures of amenities like swimming pools, spas, hot tubs, clubhouses, gyms, and other common-use facilities. Although some community gathering areas and amenities remain closed, many homeowners associations have begun to reopen common areas.

To be protected under the bill, HOAs must demonstrate substantial compliance with Nevada law and health mandates. They must have a plan that establishes policies and procedures that implement and enforce applicable health standards, and they must carry out that plan.

HOAs and homeowners should know their rights and look to state and federal laws for guidance during the COVID crisis. Laws and reopening guidance change regularly, however. Compliance today may not mean compliance next week.

What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
Receive our free eNewsletter with the latest legal news.