Robinson Cole LLP
High Contrast Mode
Marquee

Condominium + Common Interest Communities

Our Real Estate + Development lawyers handle condominium and common interest community matters that range from traditional, to special purpose and unique ownership or project development schemes. UUnlike typical real estate transactions, the addition of common interest community law to customary real property issues requires additional considerations and advice—which we are well-positioned offer.

We have a longstanding practice of creating familiar traditional residential condominiums, based on current state models such as Connecticut’s Common Interest Ownership Act. We also represent nationwide clients on sophisticated multiuse, residential, and commercial projects with specifically tailored provisions to meet development, investment, ownership, or financing requirements and opportunities.

Our Condominium + Common Interest Communities practice group puts our extensive knowledge to work for you in traditional, special purpose, and unique common interest ownership schemes. Our advice is informed by our practical experience with association and unit owner insurance claims, foreclosures, governance, litigation, and rehabilitation.

Our Services

We represent many types of clients across the country, primarily developers, lenders, and investors who require experienced counsel in condominium and common interest communities—including planned developments and cooperatives. We represent associations and developers in transactional and litigation matters, often involving:

  • Assertion of warranty or construction claims against declarant developers
  • Construction and management agreements
  • Governance following turnover of developer control
  • Insurance claims
  • Protection of secured lender interests in foreclosed developer units during association foreclosure of common charges and special assessment liens
  • Special assessment options for industrial, nonresidential condominiums facing significant renovation and construction expenses or energy infrastructure opportunity
  • Unit owner claims

We also have the knowledge and experience to provide strategies, practical solutions and advice for a diverse and vast array of non-routine matters for associations and owners, whether individually or with significant class or group claims. We are experienced in dispute resolution and governance issues, ranging from assessment of the claim or matter to negotiation, mediation, or arbitration. When judicial intervention is necessary, we protect our clients through litigation—including matters such as excessive association construction or warranty claims and redressing an association for defective construction or project design.

Our Team

Our Condominium + Common Interest Communities team provides seamlessly integrated and multidisciplinary legal services by collaborating with colleagues across our firm’s diverse practice areas. Our clients benefit from the knowledge, experience and proficiency of our Business Transactions; Litigation; and Real Estate + Development practice groups. We also maintain strong working relationships with industry professionals and specialized organizations, including the Community Associations Institute.

Our Condominium + Common Interest Communities practice group offers strategies and solutions based on our extensive knowledge of common interest community schemes for enhancing and protecting good planning and economic investment. Whether you are developing a condominium of few or many units, a planned community, a homeowners association, a road and infrastructure maintenance arrangement, or a land use development scheme, we will seek to use the law to support your goals.

Experience


Challenges to Validity of Condo Phasing + Zoning

Defended condominiums and unit owners against challenges to validity of phasing and zoning of condominiums.

Read More

Right to Remove Land

Persuaded the Massachusetts Supreme Judicial Court to overturn an Appeals Court decision, affirming a condominium developer's retention of the right to remove land from a condominium. Queler, et al. v. Skowron, et al., 439 Mass. 304 (2002)

Read More

Special Use Permit to Enlarge Condominium Space

Represented condominium association in its successful application for a special use permit to enlarge the condominium by adding new buildings and units.