Condominium and Common Interest Community Development Law

Described by independent researcher Chambers and Partners as a firm with a "tremendous reputation" for real estate, Stoel Rives has established one of the most active condominium practices in the western United States. Our attorneys distinguish themselves both for their experience and understanding of condominium law and for their practical approach to condominium and common interest community development. We work with clients on the development, management and sale of condominiums, PUDs, mixed-use projects, cooperatives and timeshare/fractional ownership projects. We draft documentation for mixed-use condominiums, commercial and industrial condominiums, large and small residential developments, conversion condominiums, air-space condominiums and timeshare/fractional ownership projects, that is tailored to the circumstances of each project.
A Proven Track Record

Our attorneys have extensive experience negotiating the rights and responsibilities of owners and users in mixed-use and commercial developments. We have extensive experience in the development of residential communities, including phased projects and air space projects. Our attorneys are familiar with the secondary mortgage market requirements for subdivision and condominium units. We work with Fannie Mae, FHA, Freddie Mac and VA to find solutions to problems faced by our projects.

Our attorneys work closely with our clients to control their exposure to warranty and construction defect claims through development of construction practices, negotiation of developer-friendly construction and design contracts, careful drafting of disclosure documents and warranties, and education of the sales team. We have extensive experience in construction defect litigation, including insurance program review and insurance recovery.

We also work closely with our clients and their sales teams to ensure compliance with federal and state laws regulating the marketing and sale of residential lots, condominium units, timeshares and fractional ownerships, and commercial land.

Strong, Meaningful Relationships

We are active in Washington legislative matters relating to condominiums, community associations and the sales of new homes. In recent years, we have drafted, testified and lobbied for legislation amending the Washington Horizontal Properties Regime Act, the Washington Condominium Act and the Washington Homeowners Association Act in regard to condominium terminations, condominium conversions, new home warranties and other issues. Our attorneys have been appointed by the Washington State Bar Association and the Legislature to serve on the committee that drafted the Washington Condominium Act and the committee that is drafting a new Washington Common Interest Ownership Act.

We are also active in Oregon legislative matters relating to condominiums, planned communities, timeshares and the sale of new homes. Since 1979 we have drafted, testified and promoted legislation pertaining to the Oregon Condominium Act, the Oregon Planned Communities Act and Oregon timeshare statutes. During that time we have participated in a Condominium/HOA Working Group that has drafted amendments to those statutes. In addition, one of our attorneys chaired the Oregon Construction Claims Task Force, an 11 member panel appointed by the Governor to research and draft preventive legislation to reduce the occurrence of construction defects and curtail rising insurance costs.

Foreclosure and Restructuring Strategies

We are also experienced with the complex issues created by failed condominium projects. We represent local and national developers, investors and lenders in the foreclosure and acquisition of failed projects, the finance and refinance of failed projects, the restructuring and completion of stalled and failed projects, and the disposition of such projects. We also represent condominium and homeowners associations in the expansion, termination, restructuring and re-documenting of existing projects.

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