Page 12 - NJ Cooperator Summer 2020

12 THE NEW JERSEY COOPERATOR —SUMMER 2020 NJCOOPERATOR.COM attorneys lawgapc.com @ www.lawgapc.com NORTHERN NEW JERSEY 973-366-1188 CENTRAL NEW JERSEY 732-514-6601 SOUTHERN SO NEW JERSEY 856-533-2379 NEW YORK 212-374-9790 PENNSYLVANIA 973-366-1188 ATTORNEYS AT LAW ▶ Wills, Trusts and Estate Law ▶ Municipal Law ▶ General Litigation ▶ Commercial Law ▶ Business Startups ▶ Community Association Law ▶ Landlord Tenant Law ▶ Land Use and Zoning Law ▶ Disability Law ▶ Real Estate Law and Closings Experienced attorneys providing the right moves towards achieving your endgame STRONG ADVOCATES LISTEN ATTENTIVELY WORK RELENTLESSLY RESOLVE CONFLICT key points on reopening your property: “Follow public health department vice providers. dates and guidelines. First in importance: reopening according to the dates, guide- lines, and procedures of the public health need different types of planning and department. “Resist pressure from any of your resident populations will also guide what stakeholders, including owners and ten- ants/residents, to deviate from those dates day and beyond. Key areas of preparation and guidelines. The financial impact of include: pandemics is typically severe, so you may face clients or tenants eager to get opera- tions back to normal. Likewise, residents at multifamily communities may be eager stakeholders, including owner, tenants/ to use the amenities available to them and residents, and service providers enjoy the property to its fullest. “However, you, your company, your providers on an operating plan client, your tenants/residents, and the property could be liable for reopening imen sooner than authorized or without adher- ing to safety guidelines, such as social dis- tancing measures. Companies and prop- erties could also face reputation impacts markings for social distancing for deviating from guidelines. “For COVID-19, many governments nance have released guidelines that reopen their countries in phases. They often provide guidance for different audiences, includ- ing employers and business operators, on ing conditions policies and practices that mitigate the spread of the disease. State/province and port good indoor air quality (IAQ) and local jurisdictions often provide more do not promote the spread of disease specific guidance, as well as reopening dates. “You’ll need to get up to speed on all the guidance that applies to your property flexibility into your planning. From the – and follow the most stringent precau- tions and procedures. “Use clear and consistent communi- cation. Another key consideration: com- munications to your staff and tenants/ residents. You will likely have been com- municating with them throughout the you be nimble and make changes. So can pandemic, and you should continue to listening to your stakeholders. Solicit be clear and consistent with what you’ve their feedback—virtually, of course—and been doing into the phase of the pan- demic where reopening becomes pos- sible. That said, you’ll need to assess and change and develop during a pandemic. reset as you go. Set clear expectations in Make sure you keep lines of communi- advance, but be flexible to fit the fluid na- ture of this event. “As you plan to reopen the property, as conditions warrant.” you’ll need to work with staff and ten- ants/residents on roles and responsibili- ties. Do not make assumptions about who is responsible for supplying equipment or adjusting operations. Some of the re- sponsibilities raised by reopening a prop- erty will probably not be addressed in the lease, so you need to do your homework. “For example, if the health department or a tenant’s company requires tempera- ture or health checks at the property en- trance, who will supply the thermometers or temperature scanners? “Who will do the screening as people enter the building? What party is liable if screening fails to prevent an outbreak? In this case, you would need to consult legal counsel, agree with the tenant on which party is responsible for the screening, and potentially secure equipment and/or ser- “Prepare. Preparation before reopen- ing is critical. Different asset types will preparation. The types of tenants and/or you and your team will do for reopening • Determining your role and liability in preventing the spread of disease • Participating in planning with your • Coordinating with staff and service • Setting a cleaning and sanitizing reg- • Stocking enough cleaning and hy- giene products • Adding signage, barriers, and floor • Taking care of any deferred mainte- • Performing preventive maintenance • Readying equipment for startup • Adjusting equipment for new operat- • Making sure building systems sup- • Planning for sanitary waste manage- ment practices “Be flexible. It’s important to build first day of the property’s reopening, you’ll need to observe whether the sys- tems and processes in place are working as intended. Regular team meetings, where you assess what works and what doesn’t, continued virtually if necessary, can help acknowledge their contributions. “We’ve all seen how quickly things cation with public health officials open, watch for any new guidance, and respond Additional Resources for Reopening Your Property The IREM guide also provides several online and printable checklists to help property owners and administrators nav- igate the reopening process, including: • A general checklist for all types of properties, divided into sections that in- clude communication, disease preven- tion, operations, and maintenance • Additional checklists with items spe- cific to reopening industrial properties, office buildings, multifamily communi- ties, and retail properties • A workplace checklist for use in REOPENING... continued from page 1