Condominiums & Planned Communities

Counsel based on knowledge of condominium success

Dunn Carney’s Real Estate Team works with developers,  owners, purchasers and sellers on all aspects of condominium development and formation, including complex, mixed-use urban projects. We also work with developers and owners associations on post-turnover condominium management issues.

The breadth of our experience provides us with a keen understanding of the issues important for successful condominium construction and operation.

Construction and Formation

• Preparing condominium declarations, bylaws and disclosure/offering statements
• Negotiations with construction lenders
• Negotiation of air rights leases
• Obtaining state approvals for condominium formation and sales
• Advising on initial developer administration and turnover
• CC&Rs

Condominium Owner Associations and HOAs

• Rental caps and other amendments
• Easement issues
• Management contracts, rules and regulations

• Represented developer in negotiation of master CC&Rs, development coordination agreement, and related matters for half-block mixed-use project adjacent to a 43-story residential condominium being constructed concurrently on the adjacent half-block by another developer. Transaction involved acquisition by client of parking stall condominium units in the garage being constructed as part of adjacent development and, ultimately, operation of garage in the adjacent condominium project by client for the benefit of both projects.
• Represented successor declarant, owner of substantially all units in a 26-unit residential condominium, in positioning the project for post-recession sales of units, including obtaining updated Disclosure Statement and advising on compliance with conversion condominium requirements.
• Represented owners of various condominium projects in removal of the property from condominium form of ownership.
• Represented owners association of long-established riverfront residential condominium in connection with condemnation, demolition, and partial replacement of certain condominium units and common areas by County in connection with bridge replacement.

• Represented developer, with local condominium counsel, in formation of 540-unit mixed-use high-rise condominium in Washington.
• Represented developer in negotiation of deed in lieu of foreclosure with senior and mezzanine lenders for large condominium project, and in ongoing unit sales, resolution of disputes with defaulting buyers, and other positioning of the project to lender’s satisfaction prior to turnover to lender.
• Represented developer, with outside condominium counsel, in the formation of mixed-use condominium, consisting of private residential tower and public housing tower, both with ground floor retail. Project air rights leases, which served as collateral for complex separate financing of the public and private components during construction.
• Represented developer, with outside condominium counsel, in the formation of five mixed-use high-rise condominiums in Portland. Represented developer in subsequent declaration and plat amendments, initial administration, and turnover.