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Condominium and Homeowner's Associations

Shulman Rogers' Condominium and Homeowner's Association practice group is dedicated to meeting your goals in the creation of condominium regimes and homeowner's associations located in Virginia and Maryland.  We will navigate the state and local approvals required for your project and provide legal documentation that is designed to preempt or limit condominium common element disputes, warranties, litigation and other liability. 

Our significant homebuilder litigation experience has given Shulman Rogers a unique advantage of creating protections and limitations in order to minimize developer liability exposure.

Decades of real estate experience and representation of owners, developers, lenders and purchasers enable our team to provide a unique perspective and creative solutions to structure your condominium and homeowner's association project from the formation of the development entity to recordation of the declaration and condominium plats. 

Professional Services:

Attorneys in our Condominium and Homeowner's Association practice group handle a full range of complex issues facing owners, developers, and lenders, including:

  • Liability and litigation avoidance
  • Declaration and bylaws
  • Outsale condominium contract
  • Public offering statements
  • Ownership legal entity advice
  • Phasing plan advice
  • FHA/VA/FNMA opinion letters
  • Condominium plat review
  • Conversion of rental project to condominium and vice versa
  • Acquisition and development financing

Our group has significant experience dealing with failed condominium projects.  We provide analysis of the complex issues related to distressed condominium and homeowner's association projects.

  • Due diligence – failed projects
  • Review existing public offering statement
  • Common element warranty issues
  • Assignability of declarant's rights
  • Status of amenities
  • Conversion to rental units
  • Foreclosure/deed in lieu of foreclosure
  • Tax liability
  • Project management
  • Resignation of association board members
  • Guarantor liability
  • Amending or terminating regimes and associations