Behind every successful mixed-use, condominium, and multifamily development project is a solid legal structure that clearly and concisely outlines how the property will be managed, maintained, and operated. We help clients identify critical issues involving ownership, operation, repair, liability, and development rights, and we counsel them on federal and state regulatory compliance.

In the early stages of development, we help clients anticipate disputes that can arise and take steps to minimize disputes. For mixed-use projects, this entails crafting documents that anticipate the necessary interactions among owners of the different project components. We also draft provisions for alternative dispute resolution through mediation and, if necessary, arbitration to provide a viable and effective alternative to protracted and expensive litigation. For existing developments where critical provisions have been overlooked or need strengthening, we counsel clients on modifications and interpretation of project covenants and related documents.

For mature projects, we provide counsel on project covenants and related documents. Such projects may encounter ownership or management changes or require capital improvements, and these events often result in disputes that need to be resolved in an efficient and cost-effective manner. We also help investors and lenders assess the value and risks of an acquisition or loan, whether for new construction, distressed real estate, or existing mixed-use developments.

Our attorneys stay at the forefront of developments affecting mixed-use, condominium, and multifamily development projects. Members of our team hold leadership positions in many legal and industry associations. We constantly monitor legal and policy issues at the federal level, such as important decisions and developments concerning the Interstate Land Sales Full Disclosure Act, as well as in state legislatures and courts. And we make sure that our clients' voices are heard in these conversations, advocating against changes that may increase their risk or cost of doing business.

Our services include:

  • Reviewing the legal and business aspects of developers’ plans
  • Drafting and modifying purchase and sale agreements to comply with state and federal law and to enhance their enforceability
  • Structuring documents in anticipation of a development’s day-to-day operations, including the establishment of a master association and other sub-associations with appropriate covenants and restrictions
  • Addressing land use issues, including zoning, comprehensive plans, plat amendments, planned-unit developments, special use permits, variances and appeals, zoning opinion letters, building permit reviews, special taxing or assessment districts, and historic preservation
  • Advising on all aspects of condominium law, from counseling clients on development alternatives, to obtaining state and federal registrations, transition of control, and effective and cost-efficient dispute resolution
  • Advising on construction law and design matters, including contract preparation, negotiation and administration, claims and disputes, and permitting and code enforcement issues

Our clients include:

  • Asset managers
  • Commercial and residential owners and developers
  • First mortgage and mezzanine lenders
  • Investors and bulk purchasers
  • Private equity companies
  • Receivers
  • Special servicers


Roger D. Winston
Tel 202.661.7660