Condominium and Common Interest Communities
Robinson+Cole represents many types of clients, developers, lenders, and investors who require counsel with experience in condominium and other forms of "common interest communities," including planned developments and cooperatives. Our work ranges from creating traditional residential condominiums based on the Common Interest Ownership Act (CIOA) to more sophisticated multiuse, residential, and commercial projects. It has included unique features such as open space "units" or "units" created to resolve financing or tax credit requirements. We offer practical solutions and advice, including the following:
- Due diligence and evaluation of condominiums and planned communities through existing documentation, whether "in development" or long established
- Creation of condominium or other schemes to comply with development plans or land use approvals that avoid the traditional "subdivision" model or extended land use approvals required for subdivisions
- Within a condominium, creation of separate ownership "blocks" of units, allowing separate financing opportunities within the project development for investor or traditional financing and for staggered time frames for completion
- Creation of separate ownership "blocks" of units or apartments and commercial space within an urban building, allowing separate qualification and application of affordable housing and historic tax credits and facilitating redevelopment
We also represent associations and developers in transactional and litigation matters, including representing associations in governance following turnover of developer control, insurance claims, construction and management agreements, assertion of warranty or construction claims against declarant developers, and unit owner claims. Our experience in such dispute resolution and governance matters encompasses the full range from assessment of the claim or matter to negotiation, mediation, or arbitration and, where necessary, to judicial intervention. We have, for example, undertaken the necessary litigation to protect a developer or investor from excessive association construction or warranty claims or to redress and association for defective construction or project design.