Page 6 - Nevada Cooperator Expo March 2019

6 THE NEVADA COOPERATOR
—MARCH 2019
NEVADACOOPERATOR.COM
EXTERIOR MAINTENANCE
Building Demolition
Managing Chaos, Minimizing Disruption
BY AJ SIDRANSKY
C
ities are crowded. That’s a simple our clients is to start a discussion with the
fact. In the best of circumstances, developer and their team, so that com-
there’s noise, dirt, dust, and the munication begins even before ground
usual urban pests. Add to that the con-
struction of a new building next to or existing building proper representation
nearby yours, and annoyance can quickly from an architectural or structural en-
become overwhelming. Clearly, the own-
er of the property under construction has standpoint, so they can understand what
a right to build his or her building within the demolition, excavations, and new
the parameters permitted by local zon-
ing and other ordinances. But what about their building.”
the neighbors? What can they do to pre-
serve their sense of peace and home amid property approaches the existing neigh-
a banging, booming and clattering pro-
cess that can easily last months – or even ecutive with Gumley Haft, a management
years?
Where to Start Before They Get
Started
Kathleen Strnad is an architect and
engineer with Klein & Hoffman, a firm
that has offices in Chicago and Philadel-
phia. “The first thing we recommend to
is broken,” she says. “This provides the
gineering standpoint, as well as a legal
foundation system’s impact might be to
“Typically, the developer of the new
bors,” says Sara Getlin, an account ex-
firm in New York, “because when the de-
molition and construction starts, it most
often does affect adjacent properties.”
Getlin goes on to explain that “the
contact is made because it will affect their
ability to proceed” with the project. “They
want a good working relationship,” she tent side effect of a long-term demoli-
says. “This enables you to ask for protec-
tive measures from them. Usually one of “It is a factor with any construction,” says
the first things that gets done is an agree-
ment for access to your building, so they of activity. In the city center you’re more
can do an existing conditions survey. You accustomed to noise to begin with, but in
want that survey done, and done by a li-
censed engineer.” The survey will produce noise can become more noticeable. Often
a report of property conditions before it comes down to what a city’s noise or-
work starts, so that you have a baseline to dinances are. In residential areas they are
compare to and know if there’s been dam-
age after the work starts.
“These agreements are called license through local ordinances, there’s nothing
agreements,” says Andrew Freedland, an you can do, because they are in compli-
attorney specializing in co-op and condo ance.”
representation at Anderson Kill, a New
York City-based law firm. “Chances are to deal with this is when negotiating the
if there’s a construction project going on licensing agreement with the developer
next door, they’re probably going to need for access to your property. “Make sure
to come into your property to do some the work hours are reasonable hours,
portion of their work. Make sure you’re whatever the local standard is; 7 a.m. to
protected. Sitting down and talking face-
to-face goes a long way.”
While the close quarters and clashing York, they can get a permit for work on
priorities of other cities can make demo-
lition/construction next door a hassle, “I ings. Make sure you include that in your
have not seen anything like that here,” says agreement, so you don’t have to listen to
Cheri A. Hauer, an attorney with Leach construction all day on Saturdays.”
Kern Gruchow Anderson Song, located
in Las Vegas and Reno, “unless some-
thing the developer was doing was going demolition and construction projects as
to directly impact the association. For ex-
ample, I had one situation a few years ago ticulate during demolition of an existing
where a few of the lots being graded on an buildings developers can ‘water-down’
adjacent property were going to alter the the site,” says Strnad. “Basically, they
drainage onto and over an association’s hose down materials to capture airborne
property, and the developer wanted to dust. As they demolish an existing build-
make alterations to the association’s com-
mon area to fix potential problems. But dust. They can also use fabrics to shield
other than that, I personally have not seen the area. Watering is the most efficient
any of those kinds of agreements.”
The Reality of Being the
Next-Door Neighbor
While efforts to protect you and your —i.e., construction work outside of the
neighbors are available and advisable, the allowed times and dust problems—they
reality of living next door to an active can contact the municipality to file a
construction site are still there. Increas-
es in noise, dirt, dust, vibrations, traffic, can contact the contractor’s number that
pests and vermin, and some level of gen-
eral misery are kind of inevitable. In ad-
dition to a license agreement, other plans vada, construction starting outside of
must be made to protect you and your municipality-approved hours, and dust,
property during the demolition and con-
struction period.
Noise
Perhaps the most obvious and persis-
tion and construction project is noise.
Strnad. “The level will depend on the type
a more suburban setting the construction
often stricter. If noise is produced dur-
ing an acceptable time frame put forth
Freedland points out that a good time
3 p.m., or 8 a.m. to 4 p.m. And don’t agree
to weekend work or evenings. In New
Saturday from the Department of Build-
Dust and Debris
Dust and debris are as pervasive in
noise. “To minimize dust and debris par-
ing, they keep wetting it to minimize
method.”
“There is not really a lot associations
can do,” says Hauer. “If there is noise
complaint with code enforcement, or they
is on the sign that’s required to be placed
on the site by the developer. Here in Ne-
are the only things that I have seen the
municipalities get involved in. If there is
not sufficient dust control, then the con-
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