Mixed-Use Development: Structuring Air Rights Condominiums and Other Common Interest Community Regimes
Optimal Legal Structures and Core Drafting Challenges; Minimizing Potential Warranty Claims
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide counsel with a review of key legal challenges and approaches for structuring documents for condominiums and other common interest regimes in mixed-use projects. The panel will discuss difficult legal issues involved in the governance of these projects.
Outline
- Zoning considerations and options for subdivision of air rights and horizontal developments
- Types of common interest developments: condominiums, planned communities, and reciprocal easement agreements
- The air rights condominium as an ownership and development vehicle
- Structuring air rights condominiums and planned communities to address the challenges of mixed-use development
- Addressing the for-sale residential component of a mixed-use development
- Defending builder contracts from purchaser termination claims
- Planning for transition and minimizing potential warranty claims
- Dealing with fractured or failed developments
Benefits
The panel will review these and other key issues:
- Evaluating the benefits and challenges of using condominium regimes as compared to more traditional legal structures, such as legal subdivisions or ground leases
- Identifying core drafting issues, including association governance, use restrictions, enforcement, and mortgagee protections
- Planning for and minimizing potential unit and common element warranty claims
Faculty
Robert M. Diamond
Senior Counsel
Reed Smith
Mr. Diamond has practiced real property law in Virginia, Maryland and the District of Columbia for 38 years, with... | Read More
Mr. Diamond has practiced real property law in Virginia, Maryland and the District of Columbia for 38 years, with special emphasis on preparing documents for condominiums, planned communities and mixed-use projects, negotiating warranty and construction defect claims, representing community associations and litigating association-related issues in state and federal courts.
Close
Gretta C. Spendlove
Shareholder, Board of Directors
Dentons Durham Jones Pinegar
Ms. Spendlove is on the Board of Directors of Dentons Durham Jones Pinegar and practices in the Real Estate Section,... | Read More
Ms. Spendlove is on the Board of Directors of Dentons Durham Jones Pinegar and practices in the Real Estate Section, the Business & Finance Section, and the Intellectual Property Section. She represents buyers and sellers in purchasing, selling, leasing, and developing commercial real estate; advises startups and established entities in creating, buying, selling, merging, and maintaining partnerships, limited liability companies, and corporations, as well as entering into a wide range of business contracts. She also handles intellectual property issues such as trademarks and copyrights.
Close