Practices

Mixed-Use, Condominium, and Multifamily Development

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.

Experience 

  • We serve as lead finance and real estate counsel to River District Neighborhood Investors LLC, master developer of The River District, a sprawling, $1 billion project to transform the Mississippi Riverfront in New Orleans. The project will revitalize 27 acres of waterfront land adjacent to the Morial Convention Center New Orleans. Ballard Spahr attorneys are helping to guide the project through multiple phases of infrastructure development and construction of residential, office, and retail components. Phase One focuses on expanding and enhancing gathering space to create a dynamic hub of commerce, culture, and community through construction of facilities for entertainment, housing, arts and culture, retail food and beverage, street-front shops, public areas, and green space. Construction is slated to begin in late 2022.
  • We represent Denver-based developers on more than 20 projects that include 3,000+ units including townhome, condominium, and mixed-use developments.
  • We are working on the REA, condominium, and master association mixed-use documents for one of the largest mixed-use developments in the DC region, which is planned to include 4.25 million square feet of apartments, offices, hotel, and shops on an 18-acre property near the Metro's Silver Line. The 14 new, mostly high-rise buildings will contain more than 2000 apartment and condominium units, office towers totaling almost 2 million square feet, the region's largest Whole Foods with over 400,000 square feet of retail, a luxury movie theater, and over four acres of new parks.
  • We conducted condominium documentation, zoning, and financing for Waterfront Square, the largest master condominium project currently under development in Philadelphia. The project will have five separate condominium towers, totaling over one million square feet with approximately 950 residential units, and commercial space.