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Smart growth developments require legal structures that ensure preservation of the mixed-use components that make such projects unique. Without a well-developed, legally enforceable structure to implement new urbanism concepts, a public authority's or private developer's vision for a project may unravel before it is ever fully realized.

We address the specific needs and goals of particular projects by assisting developers in creating governing structures for mixed-use real estate developments. We work with the development team to determine the appropriate mechanisms for handling:

  • Community administration and governance; 
  • Preservation of common areas and amenities; 
  • Regulation of shared maintenance of common areas, parking and sidewalks; 
  • Ownership of units, architectural control and use restrictions; and 
  • Reciprocal easements, shared parking agreements, and cost sharing agreements with other entities.

We counsel our developer clients on marketing, developmental decisions, disposition of assets, and many other developmental issues that are ultimately woven into the project documents. We prepare the project governing documents, which typically include a declaration of covenants, conditions, and restrictions, the articles of incorporation, bylaws for the governing association, sales and leasing agreements, and other consumer protection documents required by law.

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