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Terminating a Condominium: Navigating the Process, Redevelopment Considerations, Benefits and Pitfalls

Recording of a 90-minute premium CLE video 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 Tuesday, March 28, 2023

Recorded event now available

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This CLE webinar will provide real estate practitioners with an overview of the complex process and benefits and pitfalls of terminating a condominium. The panel will also examine redevelopment considerations and best practices for real estate counsel when advising real estate developers and condominium associations.


Many aging condominiums nationwide will require significant repair and renovation soon and will reach the end of their useful life. This is especially true in extreme coastal areas. The best alternative may be termination, sale, and redevelopment. The problem is exacerbated by deferred reserve funding and construction cost inflation. Termination presents a profitable opportunity for redevelopment. Termination is typically governed by state law and the recorded condominium declaration. There are over 20 states that follow either the Uniform Condominium Act or the Uniform Common Interest Ownership Act.

Under the Uniform Acts, terminating a residential condominium requires approval by at least 80 percent of the unit owners (more if required by the condominium declaration). State laws vary greatly--anywhere from 67 percent to 100 percent approval. The condominium association may seek a sale to a developer or, in rare cases, participate in the redevelopment in various ways. Termination is often the best exit strategy with costly repairs looming and inadequate reserves. Some developers purchase enough units to unilaterally vote to terminate unless regulated by state consumer protection laws. The termination agreement is also based on state law requirements, but most states and the Uniform Acts allow great flexibility on the terms of the sale. The unit owners must approve the sale and the termination agreement.

The distribution of sale proceeds can be complex due to many issues, including size, location and condition of the units, mortgage liens, property and transfer taxes, and any delinquent assessments. Developers who purchase units to terminate must meet fair price and independent appraisal requirements. Unit owners in some states can dispute the appraisal which may delay the process. Also, working with a title company is important to ensure that the association can convey a clean title. Transferring possession upon the sale, with or without existing leases, must be carefully planned.

Listen as our authoritative panel provides real estate counsel with an analysis of a condominium termination and its benefits and challenges. The panel will also offer best practices and recommendations for commercial real estate development projects amid the trend of more condominium terminations in the future.



  1. Overview of a condominium termination
    1. Termination approval
    2. Termination agreement
    3. Sale and distribution of proceeds
  2. Benefits and pitfalls
  3. Redevelopment issues
  4. Best practices


The panel will discuss these and other important issues:

  • What are the key considerations for terminating a condominium?
  • What are the benefits and pitfalls involved in terminating a condominium?
  • What are some best practices for navigating the practical and legal issues when advising real estate developers and condominium associations?


Kathryn Kovitz Arnold

Partner; Chair Real Estate Practice Group
Taft Stettinius & Hollister

Ms. Arnold is the Real Estate Practice Group Chair and also heads the firm’s Condominium Practice Group which...  |  Read More

Diamond, Robert
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

Elmore, Kelly
Kelly C. Elmore

Principal; Chair of the Deconversion Department
Kovitz Shifrin Nesbit

Ms. Elmore advises condominium, homeowner, and townhome community associations on all aspects of corporate law...  |  Read More

Rivera, Oscar
Oscar R. Rivera

Managing Shareholder
Siegfried Rivera

Mr. Rivera’s practice focuses on real property and corporate law, representing numerous developers, investment...  |  Read More

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