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Douglas M. Irvin has delivered exceptional results for his national, regional and local developer and builder clients for more than 30 years.  His clients rely on his absolute attention to detail and unwavering focus to help them navigate their complex real estate projects in Maryland, the District of Columbia and Virginia from renderings to reality.  Doug is one of only a few attorneys in the Metropolitan DC area who can adeptly handle the complex condominium and mixed-use deals that clients entrust to him. 

From early planning stages through completion, Doug provides thorough, comprehensive counsel on the structure, documentation and operation of common interest developments. He is highly knowledgeable and skilled in structuring and drafting effective covenants, conditions and restrictions for mixed-use developments.

Doug represents developers, lenders, investors and builders in all aspects of the planning, creation and operation of retail, office, commercial, mixed-use and residential associations, master-planned communities, condominiums, homeowners associations and other common interest developments under applicable state and federal laws.  He represents developers and builders in the preparation of governing documents, disclosure statements, contracts and related agreements required for the sale of land in Maryland, the District of Columbia and Virginia for projects of all sizes. Doug also has deep experience with the District of Columbia’s Tenant Opportunity to Purchase Act (TOPA), as well as Montgomery County’s Right of First Refusal law (ROFR).

His experience includes representing local, regional and national clients in matters including:

  • Structuring complex vertical developments, including retail, office, mixed-use and residential projects located in urban in-fill and redevelopment areas
  • Due diligence reviews of “fractured” condominium regimes for lenders, purchasers and successor developer entities, including analysis of potential warranty liability
  • Creation of “land” and “air-rights” condominium regimes for purposes of the phased development and conveyance of land, and for the ongoing governance and operation of office parks, hotel sites and residential high-rise projects
  • Representation of the developers of large-scale planned urban developments, including drafting of governing documents, builder contracts and disclosures
  • Advising land developers and builders regarding compliance with the federal Interstate Land Sales Full Disclosure Act, including compliance with available exemptions
  • Advising multi-family property owners regarding compliance with statutory rights of first refusal to purchase rental facilities granted to tenants and governmental bodies under the Montgomery County Code, TOPA and the Maryland Condominium Act
  • Representation of condominium developers in the preparation of public offering statements, contracts and disclosure materials required in connection with the sale of residential condominium units in Maryland, the District of Columbia and Virginia

Advising the developers of age-restricted or “active adult” communities regarding compliance with federal Housing for Older Persons Act.

Professional & Community Affiliations

  • American Bar Association
  • District of Columbia Bar Association
  • Maryland State Bar Association, Real Property Section; Commercial Real Estate Lawyers Discussion Group
  • Hauisler Honor Society
  • “Mixed-Use Development: Structuring Air Rights Condominiums and Other Common Interest Community Regimes,” Stafford Publications CLE Webinar, August 30, 2016
  • “Managing the Risk in Development: Legal Structures, Down Markets, Governance Issues & Turnover Considerations for Common Interest Developments,” Urban Land Institute, The Real Estate Development Process: Part I, Washington, D.C., June 5, 2010
  • “Mixed Use Developments in Maryland: Mixed Use Projects in a Down Market,” Panelist, Lorman Education Services, Gaithersburg, MD, September 18, 2008
  • “Managing the Risk in Development: Legal Structures, Governance Issues & Turnover Considerations for Common Interest Developments,” Urban Land Institute, The Real Estate Development Process: Part I, Arlington, VA, 2004, 2006
  • “Managing the Developer’s Risk: Legal Structures, Governance Issues & Turnover Considerations for Common Interest Developments,” Urban Land Institute, The Real Estate Development Process: Part I, Washington, D.C., May 7, 2005
  • “Creating and Governing Common Interest Developments,” Urban Land Institute, The Real Estate Development Process: Part I, Washington, D.C., June 26, 2003
  • “Drafting Community Association Documents to Avoid Warranty Litigation,” MICPEL Advanced Real Property Institute, Baltimore, MD, June 26, 2002

Publications

  • The Bentley Case: Unwelcome News For Condominium Developers, Mid-Atlantic Builder Magazine, March 2003
  • Builder Registration Bill: New Requirements for Maryland Home Builders, Mid-Atlantic Builder Magazine, May 2000

Seminars & Speaking Engagements

  • “Mixed-Use Development: Structuring Air Rights Condominiums and Other Common Interest Community Regimes,” Stafford Publications CLE Webinar, August 30, 2016
  • “Managing the Risk in Development: Legal Structures, Down Markets, Governance Issues & Turnover Considerations for Common Interest Developments,” Urban Land Institute, The Real Estate Development Process: Part I, Washington, D.C., June 5, 2010
  • “Mixed Use Developments in Maryland: Mixed Use Projects in a Down Market,” Panelist, Lorman Education Services, Gaithersburg, MD, September 18, 2008
  • “Managing the Risk in Development: Legal Structures, Governance Issues & Turnover Considerations for Common Interest Developments,” Urban Land Institute, The Real Estate Development Process: Part I, Arlington, VA, 2004, 2006
  • “Managing the Developer’s Risk: Legal Structures, Governance Issues & Turnover Considerations for Common Interest Developments,” Urban Land Institute, The Real Estate Development Process: Part I, Washington, D.C., May 7, 2005
  • “Creating and Governing Common Interest Developments,” Urban Land Institute, The Real Estate Development Process: Part I, Washington, D.C., June 26, 2003
  • “Drafting Community Association Documents to Avoid Warranty Litigation,” MICPEL Advanced Real Property Institute, Baltimore, MD, June 26, 2002

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