Roger Winston
Roger Winston

Roger D. Winston

Partner

winstonr@ballardspahr.com
Tel 301.664.6201
Fax 301.664.6299
Bethesda
Tel 202.661.7660
Fax 202.661.2299
Washington, DC

Roger D. Winston leads the firm's Mixed-Use Development and Condominiums Team. Mr. Winston concentrates on the representation of developers, investors, and lenders in connection with the planning, development, due diligence, and restructuring of many forms of mixed-use and condominium projects, including residential retail, office, and conversion condominiums; planned communities; senior housing projects; traditional neighborhood developments; and numerous other variations of residential, nonresidential, and mixed-ownership developments.

Pro Bono Experience

Mr. Winston provided pro bono legal services to a single mother struggling to keep her 10 nieces and nephews out of the foster-care system following the death of her sister. The case was compelling enough to receive support and funding from the ABC show "Extreme Makeover: Home Edition." Montgomery County called on Mr. Winston to represent the single mother in the acquisition of a property financed by the county. Mr. Winston successfully completed the transaction in time to beat a 72-hour deadline required for consideration for "Extreme Makeover's" programming.

Professional Activities

American Bar Association, past Chair, Real Property, Trust and Estate Law Section; member, Annual Meeting Task Force

American College of Real Estate Lawyers (ACREL), Vice President; former Secretary and past Chair, Common Interest Development Committee

Maryland Task Force on Common Ownership Communities; past Chair, subcommittee to study adoption of the Uniform Common Interest Ownership Act in Maryland

Urban Land Institute, Washington District Council, Advisory Board

Maryland National Capital Building Industry Association, life director

Maryland Governor's Commission on Condominiums, Cooperatives, and Homeowners Associations, member and principal drafter of Maryland Homeowners Association Act

Maryland Bar Foundation, lifetime member

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, real estate law, highest ranking (band one), 2004-2015

The Best Lawyers in America, real estate law, 2001-2016

The International Who's Who of Real Estate Lawyers

The International Who's Who of Business Lawyers – Real Estate 2013

Guide to the World's Leading Real Estate Lawyers

Named a 2013 Top Lawyer by Washingtonian Magazine

Named among Top 100 Washington, D.C., Area Super Lawyers

Named by Washington Business Journal one of top five real estate lawyers in the region

Named by Legal Times as a "Real Estate Leading Lawyer" in Washington, D.C.

"Distinguished Maryland Real Property Practitioner" for 2010-2011, Maryland State Bar Association’s Real Property Section 

Publications

"Achieving Vertical and Horizontal Integration—Challenges of Mixed-Use Development," Probate & Property, Vol. 21, No. 2, March/April 2007

"Mixed-Use Condos: The Perfect Combo," The Daily Record, January 2004

Co-author, "Transition of Homeowners Association Control: The Developer's Perspective," Probate & Property, September/October 2001

"Top 10 Legal Dos and Don'ts for Age-Restricted Communities," Wharton Real Estate Review, Vol.VI, No. 2, Fall 2002

"Drafting Documents that Work," CAI's Journal of Community Association Law, Vol. 5, No. 2, July 2002

"New Urbanism: Drafting Considerations in Creating a Livable Community," January 29, 2002

Co-author, "Do Limited Liability Companies Really Limit Liability?" CAI's Journal of Community Association Law, Vol. 3, No. 2, 2000

"Minimizing Developer Liability to Community Associations," Probate & Property, March/April 1995

Mr. Winston also has written or co-authored a number of legal alerts, including:

Co-author, "Courts, States Continue to Wrestle with Homeowners Association Assessment Liens," Ballard Spahr alert, July 30, 2015

Co-author, "Condominium Unit Sales Exemptions and Compliance under ILSA Requirements," Ballard Spahr alert, March 25, 2015

Contributor, Ballard Spahr Mortgage Banking Update, September 25, 2014

Co-author, "Condominium Unit Sales Exempt from Registration under ILSFDA," Ballard Spahr alert, September 24, 2014

Co-author, "D.C. Court of Appeals, Nevada Supreme Court Extinguish Lender's Mortgage Lien Following Association Lien Foreclosures," Ballard Spahr alert, September 23, 2014

"Public Offering Statement Disclosure Limits Developer's Liability," Ballard Spahr alert, September 8, 2014

"Caveat Venditor (Let the Seller Beware): Consumer Protection Laws Can Have Significant Implications," Ballard Spahr alert, August 19, 2014

Co-author, "Implied Restrictive Covenant Prevents Conversion of Course to Residential Lots," Ballard Spahr alert, August 5, 2014

Co-author, "Court Ruling May Result in Property Tax on Previously Exempt Community Association Property," Ballard Spahr alert, July 31, 2014

Co-author, "Caveat Venditor (Let the Seller Beware): Consumer Protection Procedures Act Strikes Again in the District of Columbia," February 14, 2014, Ballard Spahr alert

Co-author, "Optional Rental Program Did Not Transform Hotel-Condominium Units into Securities, Ninth Circuit Holds," Ballard Spahr alert, August 16, 2013

Co-author,"Prince George's County, Maryland, Considers Right of First Refusal for Multifamily Rental Property Sales," Ballard Spahr alert, June 15, 2013

Co-author, "Second Circuit Reverses Becolitsas Decision in Rare Win for Condo Developers," Ballard Spahr alert, December 31, 2012

Co-author, "Changes Pending To Postpone Impact Tax Payments," Ballard Spahr alert, September 6, 2011

Co-author, "Montgomery County's MPDU and ROFR Still Targets for Change," Ballard Spahr alert, April 8, 2011

Co-author, "Maryland Legislators Enact Significant Revisions to Condo, HOA Acts," Ballard Spahr alert, April 27, 2010

Speaking Engagements

"SmartCondo 2.0: Current Issues, Trends, and Opportunities for Condominium and Mixed-Use Developments," Ballard Spahr Mixed-Use Development and Condominiums Symposium, Bethesda, October 9, 2014

"Mixed-Up over Mixed Use: Structuring and Documenting Mixed-Use Projects," ICSC 2013 U.S. Shopping Center Law Conference, San Diego, October 16-19, 2013

"The CFPB and the Interstate Land Sales Full Disclosure Act: What's New?" Ballard Spahr webinar, May 21, 2013

Program planner, "Rescuing Development Divas and Darlings: Tips, Tricks and Lessons Learned for Mixed-Use Projects," Creative Structures for Dynamic Markets: The Rebirth of Opportunities in the City of Brotherly Love, ACREL program, Philadelphia, October 22, 2011

"Mixed-Use Development: Issues and Insights," Ballard Spahr breakfast, September 27, 2011

"Second Annual Montgomery County Multifamily Summit," Bisnow, April 1, 2011 

 "Distressed For-Sale Market: Evaluating Land, Residential Development, and Broken Condos," IMN's 10th Annual U.S. Real Estate Opportunity & Private Fund Investing Forum, New York, June 11, 2009

"Operational & Legal Strategies for Transforming Distressed Condos into Apartments," IMN's Second Florida Distressed Residential Real Estate Symposium: Business, Hollywood, Florida, December 8-9, 2008

"A Case Study of a Condominium Development in Tough Times: The Multi-Family Dilemma–What To Do When the Market Turns," MICPEL 18th Annual Advanced Real Property Institute, Baltimore, October 29, 2008

"Sunshine & Shoals/Condominium and Apartment Sales, Development and Repositioning in our Market's Uncertain Waters," Mortgage Bankers Association of Metro Washington–Commercial Real Estate Finance Council, September 16, 2008

Session Chair, "Business, Operational and Legal Strategies to Transform Distressed Condos Into High Performance Investments," IMN's Second Distressed Real Estate Symposium, Las Vegas, June 26-27, 2008

"Top 10 Legal Dos and Don'ts for Age-Restricted Communities," 14th Gallivan Conference, March 2, 2007

"Mixed-Use Condominiums and Retail Projects," International Council of Shopping Centers 2006 U.S. Shopping Center Law Conference, Orlando, October 25-28, 2006

Guest lecturer, "Planning, Development, and Construction of a Suburban 'Downtown' Mixed-Use Community," Finance 240 – Real Estate Development: Zoning, Land Planning and Mixed-Use Developments, George Washington University, September 2, 2006

"New Structures for Condominiums," Maryland Institute for Continuing Professional Education of Lawyers, Inc., 16th Annual Advanced Real Property Institute, September 29, 2005

"Condominiums as an Alternative to Subdivision Leases and REAs" and "Site Condominiums," meeting of American College of Real Estate Lawyers, Spring 2001

University of Maryland School of Law (J.D. 1979)

Georgetown University Law Center (LL.M., Tax, 1983)

University of Maryland (B.A. 1976)

District of Columbia

Maryland

Virginia (pending)