Repairs & Maintenance (from The Complete Guide to Shopping Center Management, 5/e)

Chapter 21

Repairs & Maintenance

Document Efforts to Make Repairs

W

hen a tenant reports a problem in its space
that needs repair—say, a leaky ceiling or lack
of heat—you will want to respond within a reasonable amount of time. Otherwise, the tenant may
claim that it is entitled to a rent abatement and withhold all or part of its rent until you make the repairs.
Or it may try to break its lease.

Step #2: Give oral response immediately. If you
are responsible for making the repair, call or visit
the tenant immediately to tell it that you are aware
of the problem and that you’ve made, are making,
or will be making arrangements to make the repair,
says Gordon. If you will need access to the tenant’s
space to make the repair, try to schedule a date and
time when your repair person or employee can gain
access. And if you have any information about who
will be making the repair or when the repair will
be made, tell the tenant, he adds. This will show
the tenant that you are taking its repair request
seriously.

But even if you do respond within a reasonable
amount of time, a tenant may sue you, claiming that
you did not respond soon enough. If you do not
have documentation of when and how you made
the repairs, you may have trouble proving that you
responded within a reasonable amount of time—
and you may end up losing the lawsuit.

Step #3: Keep records. Document every repair
request you get and the action(s) you take in
response to the request, says Gordon. You can use
our Repair Tracking form to do this. Start a new
form for each repair request you get, and keep it in
the tenant’s file. Here’s the information you should
document on the form.

To prevent this situation, we have given you a
Repair Tracking form you can adapt and use to document repair requests and the action(s) you take to
make repairs. And we have given you a Model Letter you can adapt and send to a tenant, documenting your oral assurances that you will make the
necessary repairs for which you are responsible.

♦ General information. Write down the tenant’s
name, the tenant’s location in the center, and the
date and time you received the repair request.

Four Steps to Follow

♦ Needed repair. Enter information about the
repair needed (for example, fix leak, heat, electrical,
and so on).

When a tenant reports a problem in its space, take
the following four steps, say attorneys Howard
Gordon and Marc Ripp. Note that in an emergency
situation, you should make the repair immediately,
says Ripp.

♦ Location of problem. Enter the exact location
of the problem and any other locations to which you
will need access to repair the problem—for example, the utility room, if it is an electrical problem.

Step #1: Check lease. First, check the lease to
see if you are responsible for making the necessary
repair, says Ripp.

♦ Response to tenant. List details of your conversation with the tenant—for example, who reported

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21: REPAIRS & MAINTENANCE

the problem; the nature of the problem; whether it
is an emergency; steps to be taken to fix the problem; and the dates and times the tenant agreed to
give you access to the space.

ant reschedules, document this on the Status of
Repairs section of your Repair Tracking form. That
way, if the tenant sues you, claiming that you did
not make the repair within a reasonable amount of
time, you can show the court that the reason you
did not was that the tenant did not give you access
to its space, he explains.

♦ Contact with repair person. Indicate which
repair person you’ve contacted. Document details
of the conversation with the repair person, such
as when the repair will begin and
end, and any special arrangements
needed to complete the repair (for
Model Letter: Send Tenant Letter Confirming
example, access to utility rooms,
Your Assurance to Make Repairs
tenant’s space, or the roof area
during nonbusiness hours).
This letter, put together with the help of attorneys Howard Gor ♦ Status of repairs. Write notes
don and Marc Ripp, is an example of a letter you can send to a tenon the progress of the repair,
ant, confirming your oral assurance that you will make repairs.
including rescheduling the dates
The letter reminds the tenant of the conversation in which you
of access, problems with completwere made aware of the problem. It also confirms the date and
ing the repair, the date the repair
time the tenant has orally agreed to give your repair person or
is completed, and tenant satisfacemployee access to the space to make the repair. And it asks the
tion. Attach to the Repair Tracking
tenant to notify you if it must reschedule the date and time of
form any copies of invoices for the
access. Send this letter by certified mail, return receipt requested.
repair.
That way, you will have proof that the tenant got the letter, in the
event it claims that it did not. You can adapt this letter to suit your
Step #4: Send letter confirmsituation. But first, show it to your attorney.
ing oral response. Send a letter to
CERTIFIED MAIL—RETURN RECEIPT REQUESTED
the tenant by certified mail, return
receipt requested, confirming your
[Insert date]
oral response to its repair request,
Dear John Tenant:
Ripp advises. Your letter, like our
On [insert date], you informed us that [insert a description of the problem tenModel Letter, should:
■ Summarize your initial conversation with the tenant regarding the problem;
■ Confirm the date and time the
tenant has orally agreed to give
your repair person or employee
access to the space to make the
repair;
■ Say that the tenant should
notify you immediately if it must
reschedule the date and time
of access, says Gordon. If a ten-

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ant reported]. We notified you on [insert date], that according to Section 9.4
of your lease, we are responsible for this repair, and we will make this repair
within a reasonable amount of time.
This letter will confirm that in our conversation on [insert date], you orally
promised to give us and/or our repair people access to your space on [insert
date], in order to make the above-mentioned repairs. We have also agreed
that additional time will be scheduled as needed.
If for any reason you are unable to provide us with access on this date,
please contact us immediately at [insert management’s tel. #] so that we
can reschedule.
Yours truly,
Joan Manager

COMPLETE GUIDE TO SHOPPING CENTER MANAGEMENT


REPAIR TRACKING
TENANT’S NAME

TENANT’S LOCATION

DATE & TIME OF COMPLAINT

LOCATION OF PROBLEM
(Also indicate any other location to which you need access to repair the problem.)

REPAIR NEEDED

RESPONSE TO TENANT
(Explain in detail your conversation with the tenant, including the name of the person with whom you spoke.)

CONTACT WITH REPAIR PERSON
(Write down which repair person was contacted, what was said, when repairs will begin and end, and
any special arrangements needed.)

STATUS OF REPAIRS
(Document progress of repairs, including rescheduling dates of access, problems with completing repairs,
date repairs are completed, and tenant satisfaction.)

COMPLETE GUIDE TO SHOPPING CENTER MANAGEMENT 391


Require Tenant to Give You Access to Make Repairs

T

here may be times when you will need access to
a tenant’s space to make necessary repairs. For
example, you may need access to a tenant’s space to
repair the roof. But a tenant may refuse to give you
access to its space or may try to restrict when you
can have access, which can make it difficult—if not
impossible—to make the necessary repairs, says
New York City attorney Gary A. Goodman.
Most leases require the tenant to give the owner
“reasonable access” to make repairs. So, if your leases do and a tenant does not give you such access,
it is violating its lease and you may be entitled to
certain remedies, including eviction. But exercising
your remedies can be complicated—particularly, if
the lease requires you to first notify the tenant of
a lease violation and give it time to cure—that is,
correct—the violation, notes New Jersey attorney
Marc L. Ripp. And you may not want or need to
pursue your formal remedies under the lease when
an informal approach is likely to get the tenant to
give you access.
We’ll tell you why getting access to a tenant’s
space to make repairs is important and what steps
to take if a tenant refuses to give you access. And
we’ll give you a Model Letter you can adapt and
send to a tenant to get it to do so.

Importance of Getting Access
A tenant’s refusal to give you access to its space to
make repairs can cause the following problems:
■ Increased damage caused by the problem in
need of repair;
■ Additional problems—for example, a roof leak
that’s not repaired could lead to a mold infestation;
■ Inability to repair a problem affecting another
tenant’s space, possibly putting you in violation of
that tenant’s lease;
■ A building code violation if the problem in
need of repair involves, say, the center’s sprinkler
or fire alarm system;
■ A violation of the center’s insurance policy; or
■ A default under the center’s mortgage or
ground lease.

Take Three Steps to Address Access Problems
Here are three steps you should take if a tenant refuses to give you access to its space to make repairs:

392

Step #1: Check lease. First, check the lease to
make sure that it gives you the right to get access to
the tenant’s space to make repairs, suggests Goodman. Most leases give the owner the right to reasonable access when the owner has given the tenant
reasonable notice of the need for access, he says. But
some leases may also limit the right to access to reasonable hours, he notes (see box, “Access Requests
Must Be Reasonable”).
Step #2: Make oral request. If you need access to
a tenant’s space to make repairs, first call or visit the
tenant, advises Ripp. During your conversation:
■ Describe the repairs that are needed;
n Explain why you need access to the tenant’s
space to make such repairs;
■ Tell the tenant which areas of its space you
will need access to and when you would like such
access; and
■ Inform the tenant of the pertinent lease provisions requiring it to give you access to its space to
make repairs.
Step #3: Send get-tough letter. An oral request
for access is usually all that’s needed—especially
if the problem in need of repair directly affects the
tenant, says Ripp. But if the tenant fails to comply
with your oral request, send the tenant a get-tough
letter, says Goodman. Your letter, like our Model
Letter, should:
■ Explain why you need access to the tenant’s
space;
■ Remind the tenant of your earlier oral request
for access to its space to make repairs;
■ Tell the tenant it is violating its lease by not giving you access. Point out the specific lease section
that it is violating. Also, if you believe the failure
to make this repair could be a violation of a local
building code, cite the applicable law;
■ Say that the tenant’s refusal to give you access
is preventing you from making the necessary
repairs and could lead to further damage or additional problems;
■ Warn the tenant that its continued refusal to
give you access to its space would be a lease default;
and
■ Inform the tenant that, if necessary, you will
take legal action against it—including terminating the tenant’s lease and evicting it—if it does not



Model Letter: Get Tough with Tenant that Will Not
Give You Access
This Model Letter, put together with the help of New York City attorney
Gary A. Goodman and New Jersey attorney Marc L. Ripp, is an example
of a letter you can send to a tenant that has refused your oral request for
access to its space to make repairs. The letter explains why access is needed; reminds the tenant of your prior oral request for access; tells the tenant
it is violating its lease by not giving you access and gives the specific lease
section it is violating; warns the tenant that if it does not give you access
immediately, it will be in default of its lease; and informs the tenant that
you may take legal action. Speak with your attorney about adapting this
letter for use at your center.
[Insert date]
Dear John Tenant:
As I discussed with you on [insert date], there is a leak in the center’s roof that is causing damage to the roof and to the tenant’s space adjacent to yours. In order to repair
the leak, we need access to your space, specifically to your rear storeroom. Although I
requested such access on [insert date], to date you have failed to comply.
This is a very serious matter. If the roof leak is not promptly repaired, additional damage
will occur to the roof and to the adjacent tenant’s space. Also, additional problems could
develop, including damage to your space and the growth of mold in the center’s ceiling
and walls. Refusing to give us access to your space to fix the roof leak violates Section
9.4 of your lease, which requires you to give the center reasonable access to your space
to make repairs.
You must give us access to your space to make the necessary roof repairs. Please contact me immediately to discuss the details. Continued failure to comply with the foregoing shall constitute a default under the terms and conditions of your lease. Should
such a default continue, we reserve the right to take legal action to protect our interests
under the lease, including, but not limited to, terminating your lease and evicting you
from your space.
Thank you for your cooperation in this matter.
Yours truly,
Joan Manager



give you access to its space to make the necessary
repairs.

If Tenant Does Not Comply
In most cases, your get-tough letter should persuade the tenant to give you access to its space. If
the tenant does not comply with your get-tough
letter, you can, as a last resort, send the tenant a
default notice. Then, if the tenant fails to correct

the situation within the lease’s cure period, you can
start an eviction proceeding against it. The fact that
you have followed the three steps above is likely
to strengthen your eviction case because it shows
that the tenant had an opportunity to address the
issue informally but failed to do so, notes Ripp. But
before you take such a drastic step, consider whether it is worth your time and money, and whether
you have a tenant ready to replace the income you
will lose, he says.

Access Requests Must Be Reasonable
Most leases require the tenant to give the owner “reasonable access” for repairs, but do not define that term,
notes New York City attorney Gary A. Goodman. Even
if the lease does not limit access to reasonable access,
a court is likely to impose such a limit anyway, he adds.
Goodman explains that what a court decides is reasonable
access will depend in part on the following:
■

■

■

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Whether the repairs are necessary, such as in the
case of a roof leak, or cosmetic, such as in the case of
replacing a cracked floor tile. A court is likely to expect
you to be more flexible for cosmetic repairs, says
Goodman. But a court will very likely give you greater
latitude for necessary repairs, he notes.
The type of business the tenant is in. For example,
it’s probably reasonable for a medical office tenant
to refuse to give you access during business hours
because making repairs during that time may disrupt
patients and their treatment, he says. And it’s probably reasonable for a medical office tenant to insist that
your staff be accompanied by one of its employees
while making repairs after hours to protect confidential patient information, Goodman adds. But a court
may consider such restrictions by a retail tenant to be
unreasonable.
Whether you gave the tenant reasonable notice of
your need for access to its space. Even if the lease
does not require you to give the tenant reasonable
notice, a court may find your request for such access

unreasonable if you gave it, say, less than 24 hours’
notice. Of course, in the event of an emergency, you
may access a tenant’s space without notice or the
tenant’s consent, Goodman notes.
If a tenant imposes reasonable limits on your access to its
space to make repairs and you fail to comply with those
limits—and fail to make the necessary repairs—it could
cost you.
Example: An owner requested weekend access to a tenant’s space to repair several leaks. The tenant, the U.S.
Postal Service, said the owner could have access after
business hours only if a postal employee was present. The
tenant also requested that the owner notify it in advance
when the owner wanted such access. The owner never
notified the tenant that it needed access and never made
the repairs. So the tenant made the repairs itself and withheld the repair costs from its rent due. The owner then
sued the tenant for the rent due, claiming that the tenant
had denied it access to make the repairs.
A federal appeals court in Kansas ruled that the tenant
had not denied the owner access to its space. The court
said that the owner’s access demands were unreasonable. It noted that, “for obvious security reasons,” the tenant could not give the owner unsupervised access. The
court also noted that the tenant was willing to give the
owner access after hours upon advanced notice—but the
owner never gave such notice [McClure v. United States
of America, 1974].



Comply with Escalator Safety Requirements to Prevent Injuries

E

very day millions of people safely ride escalators. Still, every year many people—particularly children—are injured in escalator accidents
in shopping centers, office buildings, train stations, and sports arenas across the country. And
some of these injuries, particularly those caused by
“entrapment”—the trapping of clothing or limbs in
the escalator—lead to permanent disfigurement or
even death.
To understand how entrapments happen, you
need to understand how an escalator works, says
Donoghue. An escalator is essentially a moving
staircase within two stationary sidewalls, called a
“skirt,” he explains. The skirt houses the internal
mechanisms that make the escalator run and protects riders from those mechanisms, he says. In
order for the steps to move between the skirt, there
must be a small space or gap between them and the
skirt, says Donoghue. Without the gap, the steps
would rub against the skirt, causing damage and
ultimately rendering the escalator inoperable, he
explains.
The gap, while necessary, may be dangerous
because it creates the risk that something—for
example, a shoe, piece of clothing, drawstring, hair,
or limb—could get entrapped in it, notes Donoghue.

Entrapment Lawsuit Can Be Costly
While entrapment injuries account for a relatively
low percentage of escalator-related injuries, they
tend to be more severe than other types of escalatorrelated injuries, such as trip-and-fall injuries, says
Donoghue. Thus, a lawsuit by a victim of entrapment could be costly.

EXAMPLE: A four-year-old boy’s sneaker got
entrapped between an escalator step and skirt. The
shearing movement ripped the sneaker, skin, and
toes off his foot. After the accident, the child had
to have three toes amputated, a pin inserted in his
foot, and skin grafts to save the remaining toes and
the ball of his foot. The boy’s family sued the building owner and escalator maintenance company for
negligence. A Texas court ruled that the escalator
maintenance company was negligent and ordered it
to pay the boy and his family $5.4 million [Schindler
Elevator Corp. v. Anderson, 2001].
Although the jury in this case found that the
owner was not negligent, you may not be so lucky.
Thus it’s best to take measures to prevent entrapment accidents on your escalators.

Comply with ASME A17.1
The American Society of Mechanical Engineers’
(ASME) Safety Code for Elevators and Escalators—
known as ASME A17.1—is the basis for all state and
local escalator codes throughout the U.S.
You can get more information on the ASME
A17.1 requirements and on escalator safety in general at the following Web sites:
♦ American Society of Mechanical Engineers
www.asme.org
♦ Elevator Escalator Safety Foundation
www.eesf.org
♦ National Elevator Industry, Inc.
www.neii.org
♦ U.S. Consumer Product Safety Commission
www.cpsc.gov



Give Staff Written Procedures for Daily Escalator Inspection

T

o prevent accidents and damage to your escalators, require your staff to inspect the escalators each day before putting them into operation,
says Edward A. Donoghue, code and safety consultant to the National Elevator Industry, Inc. (NEII),
an association for the elevator and escalator industry. And to help you make sure your staff conducts
these daily inspections properly, have written procedures saying what to do—and what to look for.
The American Society of Me hancal Engineers
c i
Safety Code for Elevators and Escalators (ASME
A17.1), which is the basis for all state and local escalator codes throughout the United States, lays out
required procedures for your staff to follow as part
of a daily in pection. You should incorporate these
s
procedures—called “start-up procedures”—into
your written procedures.
We’ll tell you why daily inspections are so critical, and what to say in your written daily inspection
procedures. We’ll also give you a Model Memo you
can give to your staff that lists the daily inspection
procedures for your center’s escalators.

Importance of Regular Inspections
Although you may have an escalator company service your escalators, you and your staff are responsible for their daily operation, says Donoghue. That’s
where regular inspections come in—and the best
time to conduct an inspection is at the beginning of
each day, before the escalator is turned on and people are allowed to use it, he explains. By requiring
your staff to regularly inspect your escalators prior
to their use, you will accomplish the following:
■ Confirm that your escalators and their safety
features are functioning properly and as designed;
■ Detect any damage, problems, or malfunctions
before they become more serious, and more costly
to repair; and
■ Prevent accidents caused by a malfunctioning
escalator.

What Written Procedures Should Include
Putting your daily escalator inspection procedures
in writing helps avoid ambiguity and confusion
about what your staff should be doing and looking for when they do their daily escalator inspection, says Donoghue. Like our Model Memo, yours
should list these procedures and explain:
When to inspect. Tell your staff that they should
follow the procedures at the beginning of every day,
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before letting anyone use the escalator, says Donoghue. If your escalators run 24 hours a day, ASME
A17.1 requires your staff to briefly shut them down
and inspect them once a day, notes Donoghue.
How to inspect. Lay out all the inspection procedures your staff should follow, in the order they
should be followed, advises Don hue. Be sure
og
each procedure is clear about what areas and parts
of the escalators it applies to, and what the staff
should look—and listen—for. Here are some procedures he suggests including in your memo:
■ Test the starting switch or button, as well as
safety devices, such as the stop buttons and alarms,
to make sure they function properly;
■ Visually inspect the escalator, including the
steps, combplates, skirt, and handrail, for damaged
or malfunctioning parts;
■ Ride the escalator, listen for unusual sounds,
and make sure the handrail and steps run at substantially the same speed; and
■ Check areas or items near or related to the escalator, such as the lighting, signs, and safety zones.
What to do if problems are found. Tell your staff
to shut down any escalator that fails any aspect of
the inspection, advises Donoghue. If you allow the
escalator to run when there’s a problem, the problem may get worse—and you risk someone’s getting hurt. Instruct your staff to block off the top and
bottom of the escalator, prevent anyone from using
it, and notify both management and your escalator
service company.

Train Staff
It’s not enough to simply lay out these daily inspection procedures, warns Donoghue. Your staff must
be properly trained to use them. Most escalator service companies will do this for you. So contact your
company and arrange for it to train the appropriate staff members—usually your maintenance and
security staff. This training should teach your staff
the following:
■ How escalators work when functioning
properly;
■ An escalator’s basic parts and related
terminology;
■ Common escalator problems and how to recognize them;
■ Your daily inspection procedures and the purpose of each; and
■ What they should look and listen for.



Model Memo: Lay Out Daily Escalator Inspection Procedures for Staff
Here’s a Model Memo you can adapt and give to your staff. It lays out the inspection
procedures they should follow before starting up your center’s escalators each day.
This Model Memo is based on the recommended procedures set out in the American Society of Mechanical Engineers Safety Code for Elevators and Escalators (ASME
A17.1) and was written with the help of escalator expert Edward A. Donoghue. The
memo tells staff when to follow these procedures, lists the specific procedures, explains
what to look for, and says what to do if the escalator fails any aspect of the inspection.

DAILY ESCALATOR INSPECTION PROCEDURES
To:
ALL XYZ MAINTENANCE & SECURITY STAFF
From: XYZ CENTER MANAGEMENT
Date: [insert date]
To ensure the proper functioning of our escalators and the safety of our shoppers and tenants’ employees, the following escalator inspection procedures should be followed at the beginning of every day,
before allowing anyone to use the escalator:

1. Before turning escalator on. Before turning the escalator on, check the steps to ensure that no one
is on the escalator, and check the top and bottom of the escalator to make sure no one is about
to board.

2. Turn escalator on. Turn the escalator on and verify that the starting switch operates properly. Run
the escalator so that the steps are running away from you.

3. Test safety devices. Make sure that the stop buttons, alarms, and other safety devices are functioning properly.

4. Conduct inspection. Visually inspect the escalator—both from the landing area and while riding the
escalator—looking for the following:
■

Steps that are damaged, missing parts, or improperly positioned;

■

Combplates that are broken or missing teeth;

■

Damaged skirt panels or balustrades;

■

Handrails that are damaged or do not run at substantially the same speed as the steps;

■

Ceiling intersection guards, antislide devices, deck barricades, and caution signs that
are not securely in place; and

■

Lighting that is not properly functioning or is not uniform.

Also, while conducting your visual inspection, listen for unusual noises or vibrations.

5. Check safety zones. Make sure that the safety zones at the top and bottom of the escalator are
clear of obstacles, such as signs, plants, or garbage cans.

Also, examine the landing area and adjacent floor area for foreign objects or other slip-and-fall hazards, such as gum, spills, or debris.

6. Shut down escalator if it fails inspection. If the escalator fails any aspect of your inspection:
■

Shut down the escalator immediately;

■

Block off both the top and bottom of the escalator, and do not allow anyone to use it; and

■

Promptly notify [insert appropriate person] in the management office at [insert tel. #] and
the escalator service company at [insert tel. #].



Maintain Center’s Appearance by Promptly Removing Graffiti

G

raffiti at your center will drive away tenants,
prospects, and shoppers. That’s because graffiti makes your center look seedy and may attract
other types of vandalism and crime. Also, if you
do not remove graffiti from your center, you will
give the impression that you do not care about it—
and you may be breaking the law. You can avoid
these problems by promptly removing graffiti that
appears at your center.
We’ll tell you more about the consequences of not
removing graffiti promptly. And we’ll give you four
more strategies you can use to effectively remove it
and thus maintain your center’s appearance.

Consequences of Not Removing
Graffiti Promptly
Not removing graffiti promptly can have both
financial and legal consequences, says Becky Lyons,
vice president of Keep America Beautiful, Inc.,
which runs the Graffiti Hurts program. The Graffiti Hurts program focuses on educating communities, schools, law enforcement, and the media about
graffiti and its consequences.
Financial consequences. If you do not remove
graffiti promptly, you will send out a message that
you do not care about the area or your center. This
will cause the public to start seeing the area and
your center as seedy and dangerous. Once this happens, property values and business growth may
decline; vandalism and other, more serious crimes
may increase; and prospective and current tenants and shoppers may look to lease and shop elsewhere, explains Lyons.
Another reason to promptly remove graffiti is
that the longer it sits, the harder—and more expensive—it is to remove, warns Lyons. Ideally, you
should remove graffiti within 24 to 48 hours of discovering it, she recommends. Rapid removal is also
an effective graffiti-prevention strategy because it
clearly demonstrates that your center is being monitored and cared for, Lyons adds.
Legal consequences. Some cities and municipalities have laws requiring property owners to remove
graffiti within a certain time of its discovery. For
example, Albany, Ga., has an anti-graffiti law that
gives property owners 30 days to remove it from
their property. If an owner does not comply with
this law, it can be fined and the city can remove

398

the graffiti and force the owner to pay the removal
costs. So check with your attorney to see if your city
or municipality has such a law, and make sure you
comply with it.

Four Strategies for Removing Graffiti
While graffiti is unattractive, the results of ineffective graffiti removal can be just as ugly—or worse,
warns Lyons. Here are some effective strategies
you can use to remove graffiti and thus maintain
your center’s appearance. The strategy you use will
depend on how much graffiti there is and the surface on which it appears, says Lyons. Your staff
may be able to use some of these strategies, such
as painting over graffiti or using graffiti-removal
products. But you should consider hiring a professional graffiti-removal contractor for more complicated strategies, like sandblasting.
Strategy #1: Paint over graffiti. The most common
graffiti-removal technique is to simply paint over
it, says Lyons. In fact, in a survey of state transportation departments, 90 percent said they removed
graffiti by painting over it. When painting over
graffiti, Lyons suggests doing the following:
♦ Consider surface first. Do not paint over graffiti on unpainted surfaces, such as brick, stucco, or
marble. Use another graffiti-removal strategy on
those surfaces.
♦ Seal graffiti. You do not want the graffiti to
bleed through the new paint. So before painting,
seal the graffiti by covering it with a special primer
designed to cover stains or with a colored shellac.
♦ Match original paint color. Cover the graffiti
with one or more coats of paint. Ideally, you should
use the original paint to cover the graffiti. If you do
not have any left, try to match it as closely as possible. If you cannot, consider repainting the entire
wall. Different colored patches on your wall will
stand out and detract from your center’s appearance almost as much as the graffiti itself.
Strategy #2: Use graffiti-removal products. Graffiti-removal products are chemical solvents designed
to remove graffiti from a variety of surfaces, says
Lyons. While these products are generally effective,
many are also toxic. So require your staff to wear
rubber gloves and masks when working with them.



✦ PRACTICAL POINTER: Although environmental concerns have always been an issue when using
these products, some of the newer graffiti-removal
products —such as the AGS product line made by
Swedish manufacturer Trion Tensid AB—are environmentally friendly—that is, nontoxic and biodegradable, says Lyons.

Strategy #3: Apply anti-graffiti coatings to center’s
exterior. If graffiti is a chronic problem at your center, consider using an anti-graffiti coating on your
center’s exterior, says Lyons. This type of coating
provides a barrier between the building surface and
the graffiti, which makes it easier to remove graffiti without damaging the underlying surface. There
are two types of coatings:
♦ Sacrificial. A sacrificial coating is a disposable barrier that comes off when the graffiti on it
is removed, so you must reapply the coating every
time you remove graffiti.
♦ Permanent. A permanent coating forms a
hard, durable finish that will remain even after you
remove graffiti.
Strategy #4: Sandblast or water blast surface.
Sandblasting or water blasting can be effective techniques for removing graffiti if a large area is covered
with it. But both methods have drawbacks, cautions
Lyons. You should perform sandblasting only as a
last resort—and only on durable surfaces that are

not easily damaged and can easily be repaired. If
you sandblast a soft surface—like brick—you can
damage the surface, leave marks, create openings
in the wall through which water or insects can get
in, and weaken your center’s structural integrity,
warns Lyons.
Water blasting is better than sand lasting
b
because it does not damage the surface like sandblasting can, and it is environmentally safer, says
Lyons. The city of Chicago uses this ap roach,
p
applying a combination of water and baking soda
that’s very effective in removing certain types of
graffiti, she adds. If you plan to use this method,
be careful: The runoff from using baking soda and
water can destroy the pH level in the surrounding soil, which in turn can kill your landscaping.
Because of concerns about the runoff from water
blasting, many cities have laws requiring the use
of retaining pools to catch the runoff and prevent
it from contaminating the soil or filtering into the
ground water, notes Lyons.
✦ PRACTICAL POINTER: For more information on the
Graffiti Hurts program, and to purchase a Graffiti
Hurts Kit, visit the Graffiti Hurts Web site at www.
graffiti hurts.org. The kit in ludes an eradication
c
manual with detailed graffiti-removal information,
as well as a video and other educational tools to
help prevent graffiti.



Use Roof Inspection Checklist to Help Extend Roof’s Life

A

lmost every roof failure is predictable, says
Robert W. Lyons, executive vice president
of a roofing company and member of the roofing
industry for over 25 years. Roofs often show signs
of aging, deterioration, and other problems long
before weaknesses and defects develop into leaks,
he explains. But many owners and managers only
worry about their roof after leaks or other problems
appear. This reactive approach can lead to premature roof failure and costly interior damage.
You can prevent these problems by regularly
inspecting your center’s roof, says Lyons. We’ll tell
you the benefits of this proactive approach, when
you should conduct roof inspections, and who
should do the inspection. And we’ll give you a Roof
Inspection Checklist of what to look for during a
roof inspection, which you can adapt and use.

Benefits of Regular Roof Inspections
According to Lyons, regular roof inspections benefit you by:
■ Preventing problems from occurring, and giving you a chance to correct existing problems before
they become serious, so that your roof maintains its
integrity and lasts longer;
■ Reducing the number of leaks, thus reducing
the number of tenant complaints regarding damage to their space, property, and fixtures, business
interruption, and so on, caused by leaks; and
■ Detecting problems before they become costly major repairs—or an even costlier roof replacement—down the road, thereby saving you money.

When Should You Inspect Roof?
Roof inspections must be done on a regular basis
to be effective, says Lyons. Since most roof damage
oc urs during the winter, because of heavy snow or
c
rain, he suggests that you inspect your roof in both
the spring and fall. A spring inspection is essential
to evaluate winter damage and plan for any necessary repairs you will make during the spring
and summer, he explains. And a fall in pection is
s
important to identify, evaluate, and repair any roof

400

damage bef re the harsh winter weather be ins,
o
g
he adds. Lyons also suggests that you inspect your
roof after major weather events—such as blizzards,
hurricanes, tornadoes, strong winds, or heavy rain
or snow—which can cause substantial damage to
your roof.

Who Should Inspect Your Roof?
Someone who’s familiar with the problems unique
to roofs should inspect your roof, suggests Lyons.
If no one on your staff is qualified to inspect your
roof, consider hiring a roofing contractor or consultant, he says. If you do this, get recommendations
for a qualified contractor or consultant from your
roof’s manufacturer, other center owners and managers, or from industry associations, such as the
National Roofing Contractors Association (NRCA)
or the Roof Consultants Institute (RCI), he advises.
✦ PRACTICAL POINTER: You can get information about
the NRCA by calling (847) 299-9070 or going to
www.nrca.net. And you can get information about
the RCI by calling (919) 859-0742 or going to www.
rcionline.org.

What Should You Look for During Inspections?
Our Roof Inspection Checklist lists in detail the
areas and parts of the roof you should inspect,
including:
■ The roof itself;
■ Its supporting structures—that is, any exterior
and/or interior walls, and the roof deck;
■ The flashings—that is, those pieces of sheet
metal that tie in the roof system to the walls and
penetrations for waterproofing purposes; and
■ Any roof penetrations—that is, items like fans,
vents, exhaust pipes, skylights, ducts, or HVAC
equipment that penetrate or are mounted to the
roof.
Our checklist also tells you what types of damage or problems you should be on alert for. You can
photocopy the Roof Inspection Checklist and give it
to your roof inspector.


ROOF INSPECTION CHECKLIST
ROOF CONDITION

FLASHING CONDITION (continued)

None Minor Moderate

Severe

GENERAL CONDITION

None Minor Moderate

❏
❏
❏

❏
❏
❏

❏
❏
❏

❏
❏
❏

❏
❏
❏

❏
❏
❏

❏
❏
❏
❏
❏
❏

❏
❏
❏
❏
❏
❏

❏
❏
❏
❏
❏
❏

❏
❏
❏
❏
❏
❏

❏

Deficiencies
♦ Physical Damage

❏
❏
❏

❏
❏
❏

♦ Drainage

❏

❏

♦ Open

Laps/Fractures

❏

♦ Attachment

Deficiencies

♦ Rusting
♦ Caulking

SURFACE CONDITION
♦ Erosion
♦ Cracking/Splitting
♦ Contamination

♦ Blistering
♦ Splitting
♦ Ridging/Wrinkling
♦ Fishmouthing
♦ Loose/Open

Laps
♦ Punctures/Slices
♦ Attachment
Deficiencies

Defects

♦ Moisture

Stains
Joint Defects
♦ Spalling
♦ Movement Cracks

♦ Splitting
♦ Attachment

Defects

♦ Rusting

Severe

♦ Open

♦ Punctures

❏

❏

❏

❏

❏
❏
❏
❏

❏
❏
❏
❏

❏
❏
❏
❏

❏
❏
❏
❏

Laps

♦ Attachment

Deficiencies

EXTERIOR INTERIOR ROOF DECK
Cracks/
Deterioration
♦ Moisture Stains
♦ Physical Damage

❏

❏

❏

❏

❏
❏
❏

❏
❏
❏

❏
❏
❏

❏
❏
❏

FLASHING CONDITION

None Minor Moderate

Severe

BASE FLASHING
♦ Punctures
♦ Splitting
♦ Deterioration
♦ Open

Laps
♦ Attachment
Deficiencies
♦ Ridging/Wrinkling

❏
❏
❏
❏

❏
❏
❏
❏

❏
❏
❏
❏

❏
❏
❏
❏

❏
❏

❏
❏

❏
❏

❏
❏

❏
❏

❏
❏

❏
❏

❏
❏

❏
❏
❏

❏
❏
❏

❏
❏
❏

❏
❏
❏

COUNTERFLASHING
♦ Overlap

Deficiencies
♦ Open Laps
♦ Attachment
Deficiencies
♦ Rusting
♦ Caulking Defects

❏
❏
❏

❏
❏
❏

❏
❏
❏

❏
❏
❏
❏

❏
❏
❏
❏

❏
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❏
❏

❏
❏
❏
❏

❏
❏
❏
❏

❏
❏
❏
❏

❏
❏
❏
❏

❏
❏
❏
❏

Severe

❏
❏

❏
❏

❏
❏

❏
❏

❏

❏

❏

❏

❏
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❏
❏
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❏

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❏

❏
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❏

❏
❏
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❏
❏

❏
❏
❏

❏
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❏

❏
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❏

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❏
❏
❏
❏

❏

❏

❏

❏

EQUIPMENT HOUSING
♦ Counterflashing

Defects
Seams
♦ Physical Damage
♦ Caulking Damage
♦ Open

Damage

❏
❏
❏

EQUIPMENT BASE FLASHING

♦ Expansion/Contraction

♦ Settlement

❏

None Minor Moderate

EXTERIOR INTERIOR WALLS

♦ Expansion/Contraction

❏

ROOF PENETRATIONS

None Minor Moderate

Cracks/
Deterioration
♦ Moisture Stains
♦ Mold or Mildew
♦ Physical Damage

❏

ROOF EDGING/FASCIA

♦ Punctures

SUPPORTING STRUCTURES

Damage

❏

WALL
♦ Mortar

MEMBRANE CONDITION

♦ Settlement

Severe

COPING

♦ Debris

EQUIPMENT OPERATION
♦ Discharge

of
Contaminants
♦ Excessive Traffic Wear
♦ Physical Damage

ROOF JACKS/VENTS
♦ Attachment

Deficiencies
Damage
♦ Loose Collars/Clamps
♦ Physical

EXPANSION JOINT COVERS
♦ Rust

or Corrosion
Joints
♦ Punctures/Splits
♦ Rusting Fasteners
♦ Fill Material
Shrinkage
♦ Open

21: REPAIRS MAINTENANCE

Use Inspection Checklist to Prepare Your Roof for Winter

I

t is particularly important to have your center’s
roof inspected before the winter. That’s because
most roof damage occurs during the winter. Harsh
weather conditions—such as heavy rain or snow,
strong winds, and extreme temperatures—can
cause substantial damage to a center’s roof, says
Kent Matteson, president of a commercial roofing
consultant company. But many owners and managers only worry about their center’s roof after these
conditions cause damage, such as leaks, to the roof.
This reactive approach can lead to premature roof
failure and costly interior damage.
You can prevent these problems by having your
roof inspected by a qualified inspector before harsh
weather hits, says Matteson. We’ll tell you why a
fall roof inspection is so important. And we’ll give
you a checklist of items your inspector should
examine and things he should look for during such
an inspection.

Why Inspect Your Roof Before Winter?
Regular roof inspections are always important and
should be part of your center’s roof maintenance
program, says Matteson. He explains that having
a roof inspection before the harsh winter weather
hits is particularly important because an inspection
will:
■ Help you identify potential problems before
winter weather conditions make them actual
problems;
■ Allow you to address existing problems before
conditions such as snow and ice make them worse
and more difficult to locate and repair;
■ Save you money in the short-term because it’s
always cheaper to repair and maintain your roof
than to rebuild or replace it—and it’s even more
expensive to have roof work done during the winter; and
■ Save you money in the long run by extending
the life of your roof.

tem, he advises. If no one on your staff is qualified
to inspect your roof, consider hiring a roofing contractor or consultant, he says.
Here’s a checklist of items your inspector should
examine and things he should look for during a
roof inspection:

❏ Active Leaks
Your inspector should look for any active leaks
in your roof and the sources of these leaks. Locating the sources may be difficult, but it’s necessary
and often the most complex part of the inspection,
warns Matteson. That’s because the location of
a leak inside the building may not correlate with
the location of the source of the leak on the roof,
he explains. And if you repair the leak but not the
source, new leaks will develop.

❏ Field Membrane
The field membrane is the surface or covering of
your roof, explains Matteson. When inspecting the
field membrane, your inspector should look for
splits, ridges, eroded areas, punctures, blisters, or
separating seams. Although these conditions may
not be a problem now, they could quickly become
one during the winter.

❏ Perimeter Flashings
Flashings, which are usually made of sheet metal,
are designed to waterproof the roof. Perimeter
flashings, which tie in the roof system to the building, are particularly vulnerable to damage from
material shrinkage and movement of building components, Matteson says. And they can be ripped off
the roof by strong winds. Your inspector should
check that the perimeter flashings are sealed and
properly secured, he says.

❏ Penetration Flashings
FALL ROOF INSPECTION CHECKLIST
Have your roof inspected as early as possible in the
fall so that you have enough time to make any necessary repairs before winter, suggests Matteson.
And have your roof inspected by someone who’s
familiar with the problems unique to your roof sys-

402

Penetration flashings are used in areas where the
roof is penetrated by things such as skylights, ducts,
and HVAC equipment, explains Matteson. As with
perimeter flashings, your inspector should check
that these are sealed and properly secured.



❏ Roof-Related Sheet Metal
Your inspector should check other pieces of roofrelated sheet metal—like metal coping caps, counterflashing, expansion joint covers, perimeter fascia
metal, and termination bars, advises Matteson. He
should check if the sheet metal has loose fasteners,
an inadequate numbers of fasteners, or poorly maintained caulking at its edges, he says. Sheet metal
that has such conditions may develop leaks or get
damaged by the wind, he notes. Also, the inspector
should make sure the sheet metal joints are properly sealed and that the sheet metal is secured to the
roof so that strong winds cannot rip it off.

❏ Drainage
Poor drainage is a common problem on low-sloped
roofs, says Matteson. If roof drainage devices—
including drains, scuppers, gutters, and downspouts—are clogged, water can accumulate on
the roof and create “ponding,” he explains. This
can lead to leaks and deterioration of the roof system. And if the ponding is severe, in extreme cases

your roof can collapse, he warns. It is important
that drainage devices are free of debris and other
obstructions, he says. So when checking your roof’s
drains, your inspector should make sure that all
drains are open and allow water to exit and that
all gutters and downspouts are secure and free of
debris. And if you are in a region that gets a lot of
snow, consider putting a red pole near each drain
so that your staff members can easily locate them to
clear them after a snowfall, suggests Matteson.

❏ Adjacent Conditions
Your inspector should check things such as ductwork, skylights, wall penetrations, seals to doors
on the roof, and HVAC equipment, says Matteson.
That’s because leaks attributed to roof problems
are often actually due to defects in these items, he
explains.
✦ PRACTICAL POINTER: You should have your roof reinspected after any major weather event, such as a
blizzard, nor’easter, or especially strong winds.



Prepare Your Air-Conditioning System for Summer

K

eeping your center cool and comfortable in the
summer should be one of your top priorities.
Although tenants may forget that you were a little
late in answering a maintenance call once or twice,
they won’t forget the days they had to spend in
sweltering heat while your maintenance staff tried
to figure out the problem with the air-conditioning
system.
To ensure that the summer heat does not catch
you with a broken air-conditioning system, have
your maintenance staff inspect and fix any problems with the system before summer starts. With
help from air-conditioning maintenance experts,
we have prepared two Air-Conditioning Inspection Checklists that you can adapt and give to your
maintenance workers every spring to guide them
through their air-conditioning system inspection
and maintenance.
One checklist is for individual condensing units;
the other is for ystems that work off central chills
ers with cooling towers. Your maintenance workers
should check off each box after they have completed each task and record what corrective measures
were taken or still need to be taken to correct any
problems. Completed checklists should be filed in
the anagement office.
m

SPRING AIR-CONDITIONING SYSTEM
INSPECTION TIPS

Individual Condensing Units—
Outdoor Maintenance
Conduct visual inspection. Your maintenance
workers should first visually inspect the outdoor
portion of the cooling system. Between 60 percent
and 70 percent of all cooling system problems can
be discovered and fixed simply by doing a visual
inspection of the system’s components, says Paul
Crosby, division of maintenance supervisor for
Gene B. Glick Company.
Your maintenance workers should check for
leaves, bugs, bird nests, and anything else that may
have accumulated over the winter, says Crosby,
and should locate the condenser, compressor, and
evaporator and check for any loose electrical connections—making sure to shut off the power to the
unit before doing so. They should also inspect the
supply and return ducts for damage and seal all

404

openings that they see around the pipes and ducts,
he adds.
Clean debris from condensers. Your maintenance
workers should clear away any debris they notice
around the system’s condensers.
Clean outside condensing coils. Your maintenance workers can clean the outside condensing
coils by spraying them with a coil cleaner and rinsing thoroughly. If using an acid-based cleaner, your
maintenance workers should make sure the acid
concentration does not cause corrosion in the condensing coils, warns Crosby.

Individual Condensing Units—
Indoor Maintenance
Change filters. Every spring, your maintenance
workers should change the filters in each individual air-conditioning unit for which the center has
maintenance responsibilities, even if the filter does
not look dirty. When doing so, they should make
sure the new filter fits correctly, says Crosby. At the
same time, take a look at the blower motor. If the
motor or blower cage is dirty, it should be cleaned,
he adds.
Clean each unit’s coils. Next, your maintenance
staff should clean the coils in each individual airconditioning unit. For minor dirt buildup, Crosby recommends using a nonacid, self-rinsing coil
cleaner. For heavy buildup, a stronger, more thorough cleaning may be needed. Crosby suggests
instructing your maintenance workers to fill out a
maintenance request form on the spot if they need
to return to remove heavy buildup. If it’s necessary
to remove the flue pipe (on a gas furnace) to access
the evaporator, make sure it is carefully replaced,
he says.
Insert sludge tabs in condensate pans. Sludge
tabs help melt the sludge and buildup that can
accumulate in condensate pans over the winter.
With sludge tabs in place, once the air conditioner
is turned on, the water will flow through the condensate coils over the sludge tabs and soften any
sludge that may be blocking the flow of moisture.
Clear condensate drains. It is very important that
your maintenance workers check the condensate
drains. Over the winter, moisture that re ained in
m
the drains may have dried up, forming hard clogs,
says Crosby. When you turn on the air-condition-



ing system, these clogs may prevent condensate
water from flowing into the drain. The result will be
water backing up out of the drain pan and flooding
your center interiors. This is especially important
today, in light of the many mold-related lawsuits.
Condensate moisture is laden with mold and mildew spores.
Ask tenants to test air conditioners. For centers
that take care of air conditioners in tenants’ spaces, after your maintenance staff has done its inspections and maintenance, but before it gets too hot
outside, ask tenants to turn on their air-condition
ing units to see if the units are working. That way,
if there’s a problem, your maintenance staff will be
able to order any necessary parts and fix broken
units before the summer season, says Crosby. If you
wait for the first hot day to test the units, vendors
may already be out of the parts you need, he notes.

Central Chillers with Cooling Towers
Grease motor bearings. Your maintenance staff
should grease the bearings—the parts that make
motors turn—and check them for wear and tear,
says Jim Woods, service manager for John C. Cassidy Air Conditioning in West Palm Beach, Fla. He
recommends having your maintenance staff check
the bearings at least twice a year.
Tighten electrical connections. Tightening electrical connections is very important, says Woods.
Loose connections will cause a voltage drop to the
air-conditioning equipment. Decreased voltage will
make the motors and relays run at a hotter temperature and reduce the life expectancy of your equipment. This problem can be compounded during
the peak of summer, says Woods, when increased
demand lowers the supply voltage anyway.
Grease pump bearings. Have your maintenance
workers grease the pump bearings and check that
they are operating smoothly, Woods advises.
Drain and clean cooling tower. Your maintenance
staff should drain and clean the cooling tower.
Then they should use a pressurized hose to wash

the inside and outside of the cooling tower, says
Woods.
Check fan belt in cooling tower for wear and tear.
Have maintenance workers make adjustments to
the cooling tower belt as needed and replace the
belt if there’s any sign of wear and tear, says Woods.
Replace all filters. Also have maintenance workers replace all filters, says Woods. Filters should be
checked monthly and replaced as needed.
Clean evaporator coils. Evaporator coils should
be freed of algae, dirt, bird droppings, and other
substances that may have accumulated over the
winter, says Woods.
Clean drain pans. Clear drain pans of any debris.
Also, vacuum out any standing water that may
have accumulated in them, says Woods.
Check calibrations on thermostats. Have your
maintenance workers check the calibrations on the
thermostats, advises Woods. If the controls are out
of calibration, the air-conditioning system may be
using too much energy by running too long and
overcooling, he explains.

Safety Tips for Maintenance Staff
Safety is important when dealing with heavy equipment like a cooling tower system. Paul Crosby, division of maintenance supervisor for Gene B. Glick
Company, recommends that your maintenance staff
wear protective clothing, like face shields or goggles,
rubber boots, gloves, and hard hats. He also recommends installing protective guards around rotating pieces of equipment before inspecting a cooling
tower. Jim Woods, service manager for John C. Cassidy Air Conditioning, recommends that your maintenance staff lock all electrical disconnects in the OFF
position before working on the cooling tower.
Crosby warns that only trained maintenance staffers
should service cooling towers. He recommends hiring
an outside service company to do the yearly maintenance on a cooling tower system if no one on your
staff has advanced training in servicing this type of
equipment and air-conditioning system.



Air-Conditioning Inspection Checklist
Individual Condensing Units
Center’s Name____________________________________________________________________ Date_ _________________
_
Address_ _______________________________________________________________________________________________
_
Inspector’s Name_________________________________________________________________________________________

INSTRUCTIONS: Check appropriate box for each air-conditioning component. In the section marked COMMENTS,

record whether a problem was found, and if so, its location, a brief description of the problem, and
what corrective measures were or need to be taken to correct it.

OUTDOOR MAINTENANCE

A/C COMPONENT

COMMENTS

❏ CONDUCT VISUAL INSPECTION

❏ CLEAN DEBRIS FROM CONDENSERS

❏ CLEAN CONDENSATE DRAINS

❏ CLEAN OUTSIDE CONDENSING COILS

INDOOR MAINTENANCE

A/C COMPONENT

COMMENTS

❏ CHANGE FILTERS

❏ CLEAN COILS IN EACH UNIT

❏ INSERT SLUDGE TABS IN CONDENSATE PANS

❏ ASK EACH TENANT TO TEST OPERATION OF UNIT

❏ OTHER

406



Air-Conditioning Inspection Checklist
Central Chillers with Cooling Towers
Center’s Name____________________________________________________________________ Date_ _________________
_
Address_ _______________________________________________________________________________________________
_
Inspector’s Name_________________________________________________________________________________________

INSTRUCTIONS: Check appropriate box for each air-conditioning component. In the section marked COMMENTS,

record whether a problem was found, and if so, its location, a brief description of the problem, and
what corrective measures were or need to be taken to correct it.

MAINTENANCE

A/C COMPONENT

COMMENTS

❏ GREASE MOTOR BEARINGS

❏ TIGHTEN ELECTRICAL CONNECTIONS

❏ GREASE PUMP BEARINGS

❏ DRAIN CLEAN COOLING TOWER

❏
CHECK COOLING TOWER FAN BELT
REPLACE IF NECESSARY

❏ REPLACE ALL FILTERS

❏ CLEAN EVAPORATOR COILS

❏ CLEAN DRAIN PANS

❏ CHECK THERMOSTAT CALIBRATION

❏ OTHER



Reduce Health Risks, Save Money with ‘Integrated Pest
Management’ Program

M

any owners and managers routinely use pesticides in and around their centers and the
surrounding property to control pests, such as
weeds, cockroaches, mice, wasps, and ants. But pesticides pose a health risk to your staff, tenants, and
shoppers. Children, pregnant women, the elderly,
and people with existing health problems like asthma are particularly vulnerable, says Jay Feldman,
executive director of Beyond Pesticides/National
Coalition Against the Misuse of Pesticides. Also,
pesticides are often implicated as a contributing factor to indoor air quality problems.
There is an innovative program, supported by
the Building Owners and Managers Association
International (BOMA), that you can use to control
pests without endangering your staff, tenants, and
shoppers. It’s called “Integrated Pest Management”
(IPM). The goal of an IPM program is to minimize
pesticide use and the associated risks to human
health and the environment, while maximizing the
use of alternative anti-pest strategies to control pest
problems, explains Feldman.
An IPM program has two benefits: It can help
you improve your center’s pest management
results; And it can reduce your costs, liability, and
risks associated with pests and pesticides, says Brad
Mitchell, author of the Massachusetts Department
of Food Agriculture’s “Integrated Pest Management Kit for Building Managers.”
We’ll tell you what an IPM program is, the benefits of such a program, and how to get your tenants
to use the program if you decide to implement it.
And we’ll give you a Model Memo you can use to
notify tenants of your IPM program.

What’s IPM?
With IPM, preventing pest problems is key. “The
idea is to be proactive rather than reactive,” explains
Mitchell. Pesticides are only used to manage pests
after nonchemical methods of control have failed,
says Feldman. The main elements of an IPM program include:
Monitoring center and surrounding property for
pest problems. One helpful monitoring tool is the
sticky trap. Placing these traps in and around your
center will help you determine whether you have

408

any pest problems and, if so, the type and number
of pests present.
Another helpful monitoring tool is a pest-sighting log. Having tenants and your staff log any pest
sightings, the location of the sightings, and the
number of pests seen will help you focus on problem areas, thus eliminating the need for regularly
scheduled pesticide sprayings and unnecessary use
of toxic chemicals, notes Feldman.
Identifying causes of pest problem. Pesticides are
only a “quick fix” and do not prevent future pest
problems, says Mitchell. Identifying the causes of
your pest problem can help you properly address
the causes and prevent future problems, notes Feldman. Pest problems can be caused by poor maintenance, housekeeping, and sanitation practices.
Addressing causes by changing conditions. Once
you have identified the causes of your pest problem,
you need to change those conditions, says Feldman.
For example, you may need to caulk cracks and
crevices, repair and maintain leaky pipes, and aerate soil. Remember that by changing the conditions
that attract pests, you not only eliminate your current pest problem but also prevent future problems,
says Feldman.
You may also need to change certain practices
in your center. For example, if you have a cockroach problem because of poor sanitation in your
food court tenants’ spaces, you may have to require
those tenants to start using pressurized water to
clean their food preparation and service areas.
Using mechanical and biological controls. If your
pest problem persists after you change the conditions that are causing it, your next step should be to
use mechanical and biological controls to address the
problem, says Feldman. An example of a mechanical control is a mousetrap. An example of a biological control is the use of safe animals or insects, such
as cats or ladybugs, to prey on your pests, explains
Mitchell. But some of these options may not always
work in a shopping center, he notes. You should try
to use creative ways to address pest problems. The
idea is to control pests’ access to food, water, and
shelter. By eliminating their access to these necessities, you will eliminate your pest problem, explains
Mitchell.



Applying a pesticide with the lowest risk in the
most controlled manner as a last resort. An IPM
program permits the use of pesticides in your center only if all the above methods have failed to control your pest problem, says Feldman. If you must
use a pesticide, you should use one with the lowest
risks possible when it comes to toxicity and exposure, says Mitchell. For example, use pesticides
such as tamper-resistant bait traps, silica gels, boric
acid, or soap-based products, and apply them in the
least intrusive manner to minimize exposure, says
Feldman. So if you have wasps in, say, the center’s
outdoor courtyard, you should not apply a pesticide inside the center.

Benefits of IPM Program
Implementing an IPM program benefits your center by:
Protecting the health of staff, tenants, and shoppers. The dangers of pesticide exposure—particularly for children—are well-documented. Low-level
pesticide exposure can adversely affect a child’s
neurological, respiratory, immune, and endocrine
systems, notes Feldman. Children are not the only
ones at risk. Pesticides can also affect your staff’s,
tenants,’ and shoppers’ health. Many pesticides are
linked to cancer, such as non-Hodgkin’s lymphoma, leukemia, and brain cancer. And if a staff member or tenant gets sick because of pesticide exposure
in your center, she could sue you—and your insurer might not have to defend or cover you.
Saving money. An IPM program will ultimately
save your center money in several ways, says Feldman. First, because an IPM program focuses on
preventing pest problems in the first place, it will
reduce how much your center spends on pest control in the long-term. There will be initial “startup”
costs, including training, buying new equipment,
hiring an IPM coordinator, and making preliminary
building repairs. But, over time, the overall savings
of an IPM program outweigh those initial costs.
Second, an IPM program will save your center
money by eliminating lawsuits relating to your pesticide use. As the California case above shows, your
center could face costly lawsuits for pesticide-related injuries.
Third, an IPM program can save you cleanup
costs that could be incurred if a pesticide is incorrectly applied in your center or creates an environmental hazard. Again, you may think your insurer

will cover the cost of such cleanup. But that’s not
always the case.
Example: A Louisiana pest control operator
sprayed several schools and their surrounding
areas twice with a chemical pesticide called Lindane to eliminate a flea problem. Two days later, the
students were dismissed early because of a strong
odor. A government official visited the schools and
detected unsafe levels of the pesticide. The district
was ordered to immediately address the situation,
which it did by extensively cleaning all the buildings, removing and replacing temporary buildings
and classroom items, and resodding certain areas.
The district then sought reimbursement for the
nearly $1 million in cleanup costs from its insurer. The insurer refused to pay the costs, claiming
that property damage caused by pesticides was not
covered under the policy. When the district sued,
a court agreed with the insurer and dismissed the
case [Assumption Parish Sch. Bd. v. Mt. Airy Ins.
Co., 1995].
Improving environmental conditions. Using an
IPM program will help eliminate or reduce the use
of pesticides at your center. This, in turn, will help
improve the overall environmental condition at
your center, says Feldman. When a center is sprayed
with a pesticide, the chemical fills the air and settles
on floors, counters, shades, and walls. The odor is
unpleasant and long lasting. And the residue can
remain for days and break down to other dangerous compounds.
Also, an IPM program can improve your center’s
environment in other ways. For example, using
IPM to eliminate weeds in your center’s landscaping will improve the overall quality of the plants,
grass, and foliage.
✦ PRACTICAL POINTER: Several states and municipalities require owners to implement IPM programs
at their properties. So consult with your attorney to see if your state or municipality has such a
requirement.

Require Tenants to Use IPM
To ensure that your IPM program is as effective as
possible, you will need your tenants’ cooperation,
says Mitchell. But getting that cooperation may not
be easy. That is because each of your tenants may
have a different approach to handling pest problems, and each may use different pest control companies. But if, say, one food court tenant uses poor



pest control procedures, the entire food court—and
perhaps your entire center—may suddenly have a
pest problem.
The best way to get tenants’ cooperation is to
include your IPM program’s policies and procedures in your center’s rules and regulations, suggests Mitchell. That way, if your leases are like most
commercial leases and require tenants to obey the
center’s rules and regulations, you will be able to
take action against a tenant that does not follow
your IPM program’s policies and procedures, says
New York attorney Gary A. Goodman.

them. To do this, send tenants a memo and attach
your IPM program’s policies and procedures to it.
Your memo, like our Model Memo, should:
■ Explain what an IPM program is;
■ Tell tenants they must participate in the program, and cite the lease clause that requires them
to do so; and
■ Tell tenants you have attached your IPM program’s policies and procedures to the memo.
✦ EDITOR’S NOTE: For guidance on dealing with bed
bugs, see Chapter 20: “Stop Bed Bug Infestation
from Spiraling Out of Control.”

If your leases give you the right to add reasonable rules to existing rules, chances
are you will have no problem adding your IPM program’s policies
Model Memo: Notify Tenants of Center’s IPM Program
and procedures to your center’s
rules, says Goodman. But before
Here’s a Model Memo, created with the help of attorney Gary A.
you do so, check with your attorGoodman, which notifies tenants about your center’s IPM proney to make sure it is okay.
gram. Our memo explains what an IPM program is, tells tenants
If your leases say nothing
they must participate in the program, and says that your IPM proabout whether you have the right
gram’s policies and procedures are attached. Before you send this
to amend or add to your center’s
memo, check with your attorney to make sure your leases give
existing rules, there’s no harm in
you the right to impose your IPM program on tenants.
trying to impose the new rules,
says Goodman. The worst a tenINTEGRATED PEST MANAGEMENT PROGRAM
ant can do is refuse to follow
To: Tenants
them. But many tenants may be
From: Management
willing to follow your new rules
Date: [insert date]
even if you do not legally have the
ABC Center has implemented an Integrated Pest Management (IPM) proright to impose them, Goodman
gram. An IPM program is designed to minimize pesticide use and the assoadds. This is especially true if you
ciated risks to human health and the environment, while maximizing the use
stress to your tenants that an IPM
of alternative anti-pest strategies to control pest problems. The IPM program
program will ultimately benefit
will save ABC Center—and ultimately, its tenants—money by reducing pest
everyone—including them—and
control costs in the long-term. And it will improve shoppers’ overall experiwill improve the center’s overall
ence at ABC Center.
environment.
The IPM program policies and procedures have been added to ABC Cen-

Notify Tenants of IPM Program
Once you have included your IPM
policies and procedures in your
center’s rules and regulations, you
need to notify your tenants about

410

ter’s rules and regulations. Section [insert appropriate section #] of your lease
requires you to follow the center’s rules and regulations. So failure to comply
with the IPM program’s requirements constitutes a lease violation.
A detailed description of the requirements of the IPM program is attached to
this memo. Please insert the attachment into your binder containing the center’s rules and regulations at [insert page or section #].



Ensure Center’s Redevelopment Proceeds Smoothly

M

ore and more shopping center owners are
finding that to stay competitive with newer
centers, they must redevelop—that is, significantly refurbish and remodel—their older, deteriorating centers. But a redevelopment can anger existing
tenants if it is not handled correctly.
New Jersey attorney Evelyn S. Leonard warns
that a tenant that is upset about the effect of the
redevelopment plans could try withholding rent,
or it could sue the owner because it claims that the
redevelopment has hurt its business. Or it might
ask a court to issue an injunction to stop progress
of the redevelopment. Also, a badly run redevelopment could sway community opinion against the
redevelopment, and be a turn-off to customers and
prospective tenants.
There is a way to make sure the redevelopment
process runs smoothly, says Leonard, who has
worked on many shopping center redevelopments.
That is, follow eight procedures when your center
is undergoing a redevelopment. With the help of
Leonard and Virginia attorney Paulette E. Peltz,
who also has worked on many redevelopments,
we’ll tell you about those eight procedures.

Uncooperative Tenant Tries to Stop
Redevelopment
When a redevelopment doesn’t run smoothly, you
could end up in court, as this Louisiana owner did:
The owner wanted to redevelop its aging shopping
center. Therefore, the owner notified its tenants—
among which was a shoe store—that it would
terminate their leases to make way for the redevelopment. The owner offered the shoe store tenant a
space at an alternative location, to reduce the redevelopment’s disruption to the tenant’s business.
However, the tenant balked, and asked a court to
issue an injunction to stop the owner from terminating its lease, evicting it, and demolishing the center.
Fortunately for the owner, a federal court in
Louisiana refused to issue the injunction. The court
said that the owner had violated the tenant’s lease
by terminating it. However, the injunction was not
appropriate, because the tenant could be adequately compensated by a monetary award. And the
tenant would suffer financial harm, even with an
injunction, since the mostly abandoned center was
not generating much foot traffic or sales.

The evidence also indicated that the tenant was
holding up a redevelopment project in which the
local municipality had invested $13 million, and
which would result in substantial tax revenue,
more retail operations, and many new jobs for the
residents [The Shoe Show of Rocky Mount, Inc. v.
Palace Properties, LLC, March 2007].
Although the owner won the case, the owner
had to spend time and money fighting one disgruntled tenant that was determined to stop the redevelopment. And the owner will probably be forced to
pay the tenant a monetary award for terminating its
lease to redevelop the center.

EIGHT PROCEDURES
Follow these eight procedures to ensure a smooth
redevelopment:

❏ et List of Lease, Governing Document
G
Restrictions
Once the owner/developer has decided to redevelop the center, ask its attorneys to give you a list
of restrictions and to identify issues in the tenants’
leases and the center’s governing documents that
could affect your ability to commence and complete
the redevelopment, advises Peltz. For example, you
need to know if those leases or governing documents contain:
■ No-build areas, whether express or implied (for
example, common areas that can be used only for
parking);
■ Requirements concerning the visibility of tenants’ spaces and signage;
■ Requirements concerning access to the center
or tenants’ spaces;
■ Parking ratio requirements;
■ Height restrictions on buildings or other
improvements at the center;
■ Restrictions on using fencing and blockades;
■ Protected entrances for ingress and egress;
■ Protected open-space areas;
■ Rights to maintain specific signage, corporate
logos, or corporate prototype facades;
■ Restrictions on reducing or increasing the size
of existing buildings;



■ Time periods when construction work is forbidden —such as the tenants’ busiest sales season;
and
■ Tenant’s right to approve or restrict design
changes to the center and the façade of the tenant’s
space.
Without this list of restrictions, you may be
unable to prevent the construction work from violating any leases and the governing documents,
Peltz warns.

❏ ommunicate with and Involve
C
Existing Tenants
The worst thing you can do is leave the center’s tenants in the dark about the redevelopment. Instead,
be proactive by making the tenants feel a part of
the redevelopment process, says Peltz. The more
involved they are, the less likely they will cause you
problems. For example, you should:
Set up tenant meetings. It is critical for you and
the construction company’s representatives to meet
with the tenants to let them know what the redevelopment will involve, says Leonard. Make it clear
during the meeting that the redevelopment is a positive change for the center and that you need the
tenants’ cooperation to make sure the process runs
smoothly and efficiently, she adds. Use the initial
meeting as an opportunity to:
■ Show your tenants the architectural drawings
of the redeveloped center;
■ Explain what changes and upgrades will occur;
■ Establish a time schedule for the construction
work;
■ Indicate how the construction will affect the
stores, sidewalks, parking lots, and other common
areas, as well as signage. For instance, you may
need the tenants to remove their signage for the
redevelopment while you put up temporary banners and signs;
■ Listen to tenants’ grievances about redevelopment;
■ Resolve tenants’ grievances; and
■ Give tenants the telephone number of the redevelopment hotline, says Peltz. The hotline should be
staffed by a person in your office who can answer
questions about the redevelopment and resolve any
redevelopment-related problems, she explains.
You might want to hold monthly or quarterly
follow-up tenant meetings, Peltz adds.

412

Create redevelopment newsletter. Create a
redevelopment newsletter for your tenants, says
Leonard. Send out the first issue before the redevelopment begins, to advise tenants of what will happen during the redevelopment, she advises. Send
out subsequent issues during the redevelopment to
keep tenants informed and up to date on the progress of the redevelopment.
Request tenant recommendations. Make your
tenants feel that their opinions matter by asking
them for recommendations, says Peltz. For instance,
suppose your center is facing a major redevelopment that will result in many empty spaces. To
help fill up those spaces, ask your existing tenants
for recommendations of prospective new tenants or
types of uses—such as a shoe store—for those spaces, says Leonard. You can also get other ideas from
the tenants—such as how best to place the contractor’s scaffolding, adds Peltz.
Ask for tenant recommendations in your tenant
newsletter or at a tenant meeting, says Peltz.
Create gimmicks, programs for tenants. To put
the redevelopment in a positive light for tenants,
make sure you invite tenant representatives to the
redevelopment’s groundbreaking ceremony, says
Leonard. And create gimmicks and programs for
tenants associated with the redevelopment, adds
Peltz. For instance, Peltz’s company created a survival kit for tenants at a center that was being redeveloped in Park City, Utah. The kit contained a hard
hat, a water bottle, a reduced copy of the redevelopment plans with sketches, a hand/battery-powered
radio, a flashlight, and freeze-dried snacks.
Give perks for tenant remodeling. Consider offering tenants special perks—such as rent concessions—if they remodel their store and install new
storefront signage in conformity with the new look
of the redeveloped center, adds Leonard.

❏ Use PR Tactics to Sway Community Opinion
You need to put the redevelopment in a positive
light for the local community, too, says Peltz; you
don’t want the community trying to block the redevelopment or shunning the redeveloped center.
Here are some public relations tactics you can use
to put the redevelopment in a good light, say Leonard and Peltz:
■ Before the redevelopment begins, communicate with the community’s media outlet to emphasize the positive attributes of the redevelopment;



■ Invite community representatives to the redevelopment’s groundbreaking ceremony;
■ Set up a Web site for the redeveloped center,
with information about and photos of the finished
center;
■ Have contests for name dedications—that is,
name a building at the redeveloped center after a
community member;
■ Create a new logo for the redeveloped center
and install tasteful signage and artwork to get the
new image out to the community;
■ Use the redeveloped center’s grand opening
as an opportunity to do something good for the
community —such as making donations to local
schools or a local war memorial; and
■ To bring customers from the community to
your redeveloped center, consider holding drawings for door prizes to be redeemed at your redeveloped center—such as gift certificates to the center’s
restaurants.

❏ egotiate Relocation, Termination
N
Agreement with Existing Tenants
If a lease doesn’t give you the right to relocate a tenant, then negotiate an agreement with that tenant to
relocate it within the center or terminate its lease if it
doesn’t want to relocate, says Leonard. Without the
ability to relocate the tenant, you may be unable to
proceed with the redevelopment where the tenant’s
space is located and could face a lawsuit like the
one the Louisiana owner faced. If the tenant balks at
relocation, remind the tenant that it must cooperate
with you because the redevelopment will make the
center more viable. And a viable center will benefit
the tenant’s business.

❏ Regularly Check Progress of Construction
During the redevelopment, go to the center often
and report back to the owner about the progress of
the construction, says Peltz. You need to keep an
eye on the construction work to ensure that it complies with the center’s leases and governing docu-

ments, that it has a minimal impact on the center,
and that no problems develop, she explains.

❏ eep Up Center’s Look/Maintenance
K
During Construction
Make sure that you continue to keep the center
well maintained during the redevelopment process. Fence off construction areas for safety reasons and to make sure your center doesn’t turn into
one big construction site, says Leonard. Dress up
vacant windows. Make sure vacant stores—both
inside and outside—are kept clean and well maintained, she says. Windows of vacant stores should
be washed and have “For Rent” signs where necessary, she adds.

❏ ive Concessions to Tenants Hurt
G
by Redevelopment
For tenants that have experienced a downturn in
their business and difficulty in paying rent because
of the redevelopment, consider signing a lease
amendment that restructures the tenant’s rent, says
Leonard. For instance, you might decrease fixed
minimum rent for a temporary period—and possibly bump up the rent later on to make up for the
decrease. Or you might have the tenant pay percentage rent instead of minimum rent for a temporary period or until a certain sales threshold is
reached, she says.

❏ ign License Agreements to Temporarily
S
Fill Vacancies
If you have vacant spaces at the center after the
redevelopment, be aware that it might take a while
to find permanent tenants. In the meantime, consider signing a license agreement with a short-term
licensee. For example, you might be able to attract a
seasonal store—such as a Halloween or Christmas
store—to a vacant space while you are searching for
a permanent tenant, says Leonard.


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