Roger D. Winston

Roger D. Winston is the leader of the firm's Mixed-Use Development and Condominiums Practice Group. He has practiced real estate law in the Washington, D.C., region for more than 35 years, and has played a key role in bringing numerous significant projects and transactions to fruition both in the region and nationally. Roger has advised and represented many industry-leading developers, investors, and lenders on major projects in D.C., Maryland, Virginia, and throughout the United States.

Roger is widely regarded and sought out as one of the leading practitioners in mixed-use and condominium planning and development. He works with clients to provide insights and alternatives for ownership and control and for flexibility to structure projects that reflect seamless, efficient, and value-added integration of uses. His experience covers practically every property type and use. This includes retail, commercial, senior housing, residential, office, parking, hotel, and mixed-ownership projects and condominiums, and numerous other mixed-use variations.

Roger has represented many of the region's and nation's leading developers in planning and executing sophisticated mixed-use and mixed-ownership configurations to maximize operational, management, governance, and control mechanisms and efficiencies. He has planned, negotiated, and drafted the spectrum of mixed-use, air rights, vertical subdivision and condominium documents, reciprocal easement agreements, and related instruments for hundreds of successful projects. Roger advises on horizontal and vertical ownership and configuration options, including sub-condominiums and other legal structures to separate retail, residential, office, hotel, parking, and other areas, based on ownership, financing, and tax considerations.

Roger has decades of experience analyzing virtually every aspect of property use and valuation. He has led complex due diligence efforts on prospective property purchases. He has represented owners of property acquired through foreclosure in successfully resolving tangled ownership and title issues, revising lot assemblages, and creating new documents so assets could be taken to market. Roger is also a leading authority on right-of-first-refusal laws regarding sale of rental properties that have been enacted in some Maryland and District of Columbia localities.

Roger's extensive professional activities include recently serving as President of the prestigious American College of Real Estate Lawyers (ACREL), past Chair of the Real Property, Trusts and Estates Section of the American Bar Association, and on the Advisory Board of the Urban Land Institute (ULI) District Council for Washington, D.C.

Pro Bono Experience

Roger 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 Roger to represent the single mother in the acquisition of a property financed by the county. Roger successfully completed the transaction in time to beat a 72-hour deadline required for consideration for "Extreme Makeover's" programming.

He also provided pro bono legal services to a family with inordinately high payments on their mobile home, who were struggling to provide proper care for their adult son with low-functioning autism. After completing a review of the mobile home purchase agreement and refinancing agreements, Roger established that the family was a victim of predatory lending practices. Roger utilized his analysis to successfully negotiate a settlement agreement that relieved the family from any further payments for the mobile home, which also granted the family clean title to the mobile home.

Professional Activities

American Bar Association, past Chair, Real Property, Trust and Estate Law Section

American College of Real Estate Lawyers (ACREL), immediate past President; former President, President-Elect, Vice President, Treasurer, and Secretary; past Chair, Common Interest Development Committee, Member Selection Committee, and Membership 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 Building Industry Association, Life Director

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

Maryland Bar Foundation, lifetime member

Anglo-American Real Property Institute  

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, real estate law (District of Columbia), 2004-2019

AV Preeminent Peer Review Rating (highest), Martindale-Hubbell 

The Best Lawyers in America, real estate law, 2001-2019

The Legal 500 US, real estate and construction - real estate, 2017

The International Who's Who of Real Estate Lawyers

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

Guide to the World's Leading Real Estate Lawyers

Named a 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.

Named a "Distinguished Maryland Real Property Practitioner," Maryland State Bar Association Real Property Section

Expert Guides, The World's Leading Lawyers Chosen by Their Peers, listed for Real Estate Law 

Publications

Co-author, "Condominiums, Cooperatives, and Homeowners Associations" chapter, District of Columbia Practice Manual, The District of Columbia Bar, 2017 

"Real Estate 2016: Discussion," Who's Who Legal, October 2016  

"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

Roger 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

Speaker, "Disruption in Mixed Use: The Future of Parking," Urban Land Institute 2018 Spring Meeting, Detroit, May 3, 2018

"Top Ten Issues Common to Large Scale Multi-Year Projects and Mixed-Use Projects," ACREL/ABA Real Property, Trust, and Estate Law Section Webinar, January 25, 2018

"Structuring Public-Private Partnerships Using a Condominium Regime," Urban Land Institute Fall Meeting, October 25, 2017  

"Top Ten Issues Common to Large Scale Multi-Year Projects," ACRELive! webinar, February 22, 2017

"Exploring the Implications of the Tenant Opportunity to Purchase Act," Ballard Spahr breakfast seminar, May 3, 2016

"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