Amid Tense Real Estate Climate, This Subdivision Exception Could Help D.C. Developers Navigate Through
In the Press
Condominium / Homeowner Associations
Selzer Gurvitch’s Condominium and Homeowner Association Practice Group is widely recognized for delivering strategic, business-focused counsel in every phase of planned community development and governance. We partner with developers, builders and community association boards to create, structure and sustain successful communities – from straightforward residential condominiums to complex mixed-use, new urbanism and urban infill projects, including those developed through sophisticated public-private partnerships.
Our team combines technical precision with practical business judgment. We design durable legal frameworks that support marketability, financing, operational efficiency and long-term value. Whether establishing a new community or advising an established association, we focus on solutions that align legal structure with our clients’ financial and development objectives.
We are known for crafting innovative documentation for residential, office, retail, mixed-use and multi-family projects, often incorporating advanced structures such as land condominiums and air rights parcels. We routinely structure layered association regimes and cost-sharing arrangements for large-scale planned communities and commercial developments, carefully balancing flexibility for developers with long-term operational stability.
Beyond formation, we continue to advise community associations throughout Maryland and the District of Columbia, leveraging our deep experience in drafting governing documents to help boards interpret, enforce and defend them with confidence.
A Proactive, Risk-Conscious Approach
Our practice extends beyond document drafting and dispute resolution. We take a forward-looking, preventive approach designed to reduce exposure, control costs and enhance project viability. From inception through turnover and long-term governance, we identify potential issues early and build protective measures into governing documents, development structures and operational policies.
In addition to advising clients, we remain engaged in legislative and regulatory initiatives affecting common interest communities, advocating for reforms that reduce unnecessary liability and streamline development and financing processes.
Having drafted governing documents for hundreds of common interest projects, we bring unmatched institutional knowledge to both developers and association boards. This depth of experience enables us to anticipate challenges, protect stakeholder interests and deliver practical, business-oriented solutions that support thriving communities.
On behalf of our developer clients we:
- Design strategic common interest ownership structures that maximize asset value, maintain development flexibility and proactively address risk and liability considerations.
- Draft and implement comprehensive governing documents for residential, commercial and mixed-use planned communities, including condominiums, homeowner associations, multi-family communities, business parks, commercial associations and master-planned developments.
- Structure innovative and non-traditional regimes – including land condominiums, marina condominiums, multi-tiered condominiums, air rights projects and nonprofit associations – to unlock value and accommodate complex site and financing requirements.
- Prepare and register public offering statements for condominium projects in compliance with applicable state and local requirements.
- Develop disclosure packages and resale documentation for residential community associations to facilitate sales and financing transactions.
- Draft declarations to establish deferred water and sewer charges for developers of residential communities, to include creating the water/sewer companies that collect these charges and assist developers in the sales of such charges.
On behalf of our community association clients we:
- Provide comprehensive general counsel services addressing governance, assessment collection, operational policies, contracting and maintenance matters.
- Represent associations in litigation, arbitration and mediation before Maryland and District of Columbia courts and administrative bodies, including assessment lien foreclosures, covenant and architectural enforcement actions and disputes involving rules, restrictions and statutory compliance.
- Advise boards navigating distressed or fractured communities, including developer transition issues, financial restructuring and governance disputes.
- Guide compliance with federal, state and local requirements, including the Fair Housing Act, HUD regulations and lender-related guidelines such as Fannie Mae and Freddie Mac eligibility considerations.
