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 CLE webinar with Q&A

Conducted on Thursday, November 9, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar 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 governance of these projects.


Mixed-use projects combine commercial and residential development and construction, leaving counsel with unique zoning, financing and marketing challenges.

During this CLE webinar, our panel will provide valuable insight regarding the key legal challenges and approaches associated with structuring and operating mixed-use projects from the developer’s perspective, including zoning and administrative challenges and opportunities, and the preferred legal structures for ownership and development of air rights and horizontal mixed-use projects.

Listen as our panel of experienced counsel reviews structuring documents for condominiums and other common interest community regimes in mixed-use developments. The panel will discuss the complex legal issues involved with different types of projects.



  1. Zoning considerations and options for subdivision of air rights and horizontal developments
  2. Types of common interest developments: condominiums, planned communities, and reciprocal easement agreements (REAs)
  3. The air rights condominium as an ownership and development vehicle
  4. Structuring air rights condominiums and planned communities to address the challenges of mixed-use development
  5. Addressing the for sale residential component of a mixed-use development
  6. Defending builder contracts from purchaser termination claims
  7. Planning for transition and minimizing potential warranty claims
  8. Dealing with fractured or failed developments


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


Haun, Ashley
Ashley Haun

Ballard Spahr

A member of the firm's Mixed-Use Development and Condominiums Team, Ms. Haun represents clients in connection with...  |  Read More

Irvin, Douglas
Douglas M. Irvin

Of Counsel
Ballard Spahr

Mr. Irvin has more than 25 years of experience as a transactional real estate attorney. With a focus on mixed-use,...  |  Read More

Vaias, Emily
Emily J. Vaias

Of Counsel
Ballard Spahr

Ms. Vaias is a real estate attorney with nearly 25 years of experience focused on zoning, land use, and development....  |  Read More

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