Dealing with the Developer Next Door

Nov. 17, 2015 — I helped a co-op building in one matter and a townhouse owner in another negotiate favorable access agreements with neighboring developers and was able to secure reimbursement for the professional services needed to review the relevant documents and drawings. In each of these cases, it was important for me to pull together the right team of people to assist the client. This included a structural engineer, a surveyor, and others. We then were able to negotiate the terms of an access agreement, which provided for a condition survey, a review of plans, insurance, vibration monitoring, and compensation for damages. Determining your property line between the two buildings can sometimes be crucial, but you cannot assume you know the property line just by looking at the property itself.

Takeaway

My advice to a board is to plan for dealing with a neighboring developer and not be afraid to make some waves. The developers are as scared of the co-op as the co-op is of them, since time spent in court is money. Developers with bank loans do not like litigation. The negotiations must be handled by a lawyer with experience in this area who can pull together the necessary team of professionals and litigate, if need be.