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Mixed-Use Condominium Developments: How to Structure, Negotiate, and Draft Documents

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, November 29, 2018

Recorded event now available

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This CLE course will provide counsel with a review of critical 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.


Mixed-use projects combine commercial and residential development and construction, leaving counsel with unique zoning, financing, marketing, and operating 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 problems 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. Condominium regimes: benefits and risks
  2. Structuring, negotiating and drafting condominium documents and governance
  3. The residential component of mixed-use projects


The panel will review these and other relevant issues:

  • Evaluating the benefits and challenges of using condominium regimes as compared to more traditional legal structures, such as legal subdivisions, air rights estates, reciprocal easement agreements, and ground leases.
  • Structuring, negotiating and drafting the mixed-use condominium documents to address inevitable core issues, including association governance and control, decision making and dispute resolution, expense sharing, use restrictions and rights, mortgagee protections and protections for commercial unit owners.
  • Master Condominiums, FHMA, and similar requirements, and tax accounting issues.
  • Creating the residential component of a mixed-use project - protecting all parties, balancing residential rental and for sale units, or conversely, limiting future conversion to residential for-sale units, and if applicable, public offering statement disclosures and disclaimers.
  • Planning for transition, protecting against rescission of purchase agreements, and minimizing future warranty claims.


DeLuca, Ashley
Ashley E. DeLuca

Ballard Spahr

Ms. DeLuca focuses her practice on all aspects of transactional real estate work, including the acquisition,...  |  Read More

Korb, Philip
Philip B. Korb

Ballard Spahr

Mr. Korb is well known for his work in real estate development, real estate acquisitions and financings, real estate...  |  Read More

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