Shopping center PMs: how often do you perform common area ADA surveys? Are they necessary or is it best to wait until it is triggered by a tenant’s use or remodel? This is for CA.
Thank you
[{"id": "h0zb3uk", "text": "CA has specific accessibility obligations. I would suggest you consider getting a CASp report in place for any property in CA. \n\nIn general any new work will need to be per code and could trigger other upgrades if needed. An architect can sort out what may be required. I still advise all my clients with CA properties to get a CASp report in place first as it helps document all the possible remediation work that would be needed.", "replies": [{"id": "h0zsobu", "text": "I am on the fence with the CASp report. Supposedly it will provide protection in an ADA lawsuit, but ONLY IF you set out a plan to make the necessary modifications mentioned in the report. If you get a CASp report, my opinion is that is puts you \"on notice\", whereas if you don't get one, then you could go with the \"grand fathered in defense\". I just don't know which is best...", "replies": [{"id": "h0zssr3", "text": "The other issue to this is....if you get a CASp report and start doing work (that requires permits to be completed), could that also trigger Title 24 improvement requirements?", "replies": [{"id": "h12dpns", "text": "On the tile 24 - I don\u2019t think in CA that if you are doing specific ADA remediation work that it would trigger other upgrades but if the work you are doing is regulated by title 24 than yes. Any new work must comply. Probably better to talk to a CA architect since the details of the project will matter obviously.", "replies": [], "depth": 4}], "depth": 3}, {"id": "h10iy70", "text": "You can run it through your attorney then it\u2019s a privileged document.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "h0zd2jy", "text": "I had to settle a lawsuit in CA once at a shopping center because this guy makes a living going to retail plazas and measuring all ADA accessibility items (like with a ruler and a level and stuff) then sues building owners who aren\u2019t in compliance. We had to fix the minor items and paid him like $15k. Anyways doesn\u2019t answer your question but it\u2019s unbelievable that there are people like that out there, if I recall he got us on a ramp that was like 2\u201d too short so the grade was too high. Crazy world.", "replies": [{"id": "h0zevi6", "text": "Professional plaintiffs. Texas has them as well.", "replies": [], "depth": 2}, {"id": "h0zkqq9", "text": "Tbf, 2\" low is pretty significant unless it's a pretty long ramp.", "replies": [], "depth": 2}, {"id": "h12dxba", "text": "That\u2019s the one good thing about a CASp report. If you have the report and file a remediation plan you are immune from these types of lawsuits. Also certainly once you are complete with the work you would also be set given that you complied with all the deficiencies. Not a lawyer so check with your local counsel but that\u2019s my understanding.", "replies": [], "depth": 2}], "depth": 1}, {"id": "h0zeklq", "text": "Do a full ADA survey. It is something that is not common but will save you a lot of headaches.", "replies": [], "depth": 1}, {"id": "h0zs4kc", "text": "Pulling a permit will trigger it usually. If you plan on rehabbing it, would give it a second look and getting a report.", "replies": [], "depth": 1}]