Condominium and HOAs

Our attorneys have substantial experience in condominium and homeowners’ association development from single-family homes, townhouses, multifamily buildings to significant mixed-use commercial and residential projects. Condominium and homeowners’ association developments require lengthy and complicated association documents to govern specific property uses, define the services the association will provide, and address how property owners will jointly govern the association. We counsel our clients in structuring and drafting the essential financial, governance, control, and liability provisions of association agreements. We provide strategies to ensure our clients can successfully exit the project and limit subsequent liabilities, and maximize profits.

We counsel our clients on key issues including issues arising out of the COVID pandemic, enhanced transparency in association governance, limiting developer liability through express provisions in the association agreement, transition of control of the association, preserving developer rights before and after transition of control, limiting developer liability in warranty and construction-related matters, critical economic and financial provisions in the association documents, valid restrictions on property owners, and reserve studies.

Represented developer in the land acquisition in Winchester, Massachusetts, and transactional matters to develop a project consisting of a four-story building with 36 residential condominium units and two commercial retail units, a courtyard, and 41 automated parking spaces at the basement level. The project promotes walkable sidewalks, outdoor seating, mixed-use streetscapes, revitalization of local retail consistent with goals of the Town Center Plan of Winchester.

Represented developer in the acquisition of vacant land with entitlements for a 55-plus luxury active adult community project known as Weber Farm in Wrentham, Massachusetts consisting of 55 detached condominium homes on 25 acres. Each home features first floor open floor plan living, master bedroom suites, a second bedroom, and loft, two-car garage, designer kitchen, great room along with a deck or patio, and community club house. We also represented the developer in construction financing with regional lender, preparation of homeowners’ association documents, compliance with Fair Housing Act regarding covenants, age restriction, and accommodation policies for senior housing facilities, and residential sale closings.

Represented the developer in the acquisition of an existing five-story building in Winchester, Massachusetts consisting of commercial tenants to develop a project consisting of 43 residential condominium units and commercial retail units, and 56 automated parking spaces at the basement level. The project promotes walkable sidewalks, outdoor seating, mixed-use streetscapes, revitalization of local retail consistent with goals of the Town Center Plan of Winchester. We also represented the developer in the acquisition financing with a regional lender and with transactional matters in connection with the development of the project.
Represented the developer in a project known as the Muse in the Seaport District area of Boston, Massachusetts, which is a brick and beam loft building with 38 residential condominium units. This project included preparing condominium documents, advising on condominium management and budget issues, and residential unit sales.

Represented the developer in a luxury condominium project known as Allegro in Winchester, Massachusetts consisting of 11 residential units with open floor plans, designer chef kitchens, parking, and private outdoor spaces. These residences are located in downtown Winchester in walking distance to shops and restaurants, and 6 miles from Boston. We also represented the developer in the refinance of the construction loan with a regional lender, preparation of homeowners’ association documents and residential sale closings.

Represented the developer in a luxury 8 residential unit condominium project in the Back Bay area of Boston, Massachusetts consisting of a 4-unit building and 4 townhouse units with a LEED Certification. We also represented the developer in the negotiation of the construction agreement, refinance of the construction loan with a regional lender, preparation of homeowners’ association documents and residential sale closings.

Represented the developer in the revival and acquisition of phase two development rights to build 12 condominium units in the Dorchester area of Boston, Massachusetts. We also represented the developer in the negotiation of the acquisition and construction financing with a regional lender, preparation of phasing amendments and residential sale closings. We also acted as title counsel insuring the phase two development rights.

Represented the developer in the acquisition, development, and financing of an historic church and rectory building in the Beacon Hill area of Boston, Massachusetts to develop a two-project phased condominium development consisting of luxury residential units and commercial office space. We also represented the developer in preparing the joint venture agreement, recapitalization of equity and mezzanine financing.

Represented the developer in the development of a 112-unit phased townhouse condominium in Norwood, Massachusetts consisting of 16 phases. This project included the preparation of condominium documents, phasing amendments, and residential sales.

Represented the developer in an 80-unit mixed-use condominium project in the historic Filene’s Building in Worcester, Massachusetts consisting of market rate residential units, affordable residential units and commercial retail units. This project included the preparation of condominium documents, and the residential sales. We also represented the developer in acquisition of additional common area from the unit owners to develop, financing and construct an additional 6 units within the development. We represented the developer phased financing of the project with regional lenders.

Represented the developer of a 22-unit LEED certified townhouse condominium project in the South Boston area of Boston, Massachusetts. This project included the negotiation of the construction agreement, negotiation of construction loan documents, the preparation of condominium documents, phasing amendments, and residential units sales.

Represented a co-developer in a joint venture in the Brighton area of Boston, Massachusetts involving the combination of two properties with separate owners as co-developers and the acquisition by the co-developers of an adjacent property to develop and permit a 75-unit mixed-use development project. We also represented the co-developer with acquisition and bridge financing with a regional lender and with transactional matters in connection with the development of the project.