Condominium Experience

CONDOMINIUM EXPERIENCE
HCMP’s condo team navigates the complexities of condo development, ensuring a project’s success.

HCMP is a leader in providing comprehensive legal services for both airspace and conventional condominiums. With a deep understanding of the unique complexities involved in these projects, we assist developers, property owners, municipalities, and investors in navigating the legal challenges that arise in creating and managing condo developments.

Our attorneys work on a variety of property types, including on infill projects, small to large horizonal residential projects, mixed-use properties, vertical real estate, condo conversion, and urban developments, to address every aspect of the legal process, from entitlements and initial structuring to final transactions.

Areas of Experience

Structuring and Formation

We provide strategic guidance in structuring both airspace and conventional condominium governance documents. Our services include:

• Drafting declarations, covenants, public offering statements and association documents to govern condominium regimes.
• Crafting unit ownership agreements to protect stakeholder interests.
• Advising on governance structures and association management.

Zoning and Land Use Compliance

Navigating zoning laws and land use regulations is critical to condominium projects. We have extensive experience working with local authorities and agencies to ensure compliance with zoning ordinances, especially in urban areas. Our attorneys:

• Provide guidance on unique zoning issues related to mixed-use properties and vertical development.
• Secure necessary variances and approvals from zoning boards.
• Advise on integrating condominiums with local development plans.

Regulatory and Compliance Matters

Condominiums often intersect with complex regulatory frameworks at the state and federal levels. We assist clients in managing these issues by:

• Ensuring compliance with regulatory requirements, such as environmental and safety standards.
• Facilitating negotiations with government agencies on regulatory approvals.
• Assisting in resolving disputes related to boundaries and land use permits.

Financing and Acquisition

We support clients through the financial complexities of condo projects. Our legal team helps secure financing and manage acquisitions by:

• Structuring financing agreements to meet the unique demands of condo development.
• Advising on acquisition and disposition strategies that optimize value for stakeholders.
• Handling due diligence and risk assessment for financing institutions and investors.

Dispute Resolution

Disputes between stakeholders, government entities, and contractors can arise during condo development. Our attorneys are skilled in conflict resolution and litigation, offering services such as:

• Mediating disputes related to ownership boundaries, land use, and zoning.
• Litigating on behalf of clients to protect their interests in complex development cases.
• Negotiating settlements that avoid prolonged litigation and safeguard project timelines.

Middle Housing Development

HCMP attorneys are well-versed in the latest legislation, including Washington’s recent “Middle Housing” bill (HB 1110). Our team helps clients navigate the unique challenges of condos and take advantage of opportunities presented by this new legislation, ensuring projects complies with evolving regulations while maximizing development potential.

• Advised developers on adjusting strategies to comply with Washington’s Middle Housing regulations, collaborating with local governments to secure zoning approvals and structure condominium agreements that support innovative multi-unit developments.
• Overcame zoning challenges, such as height restrictions and density regulations, to obtain approvals for middle housing and airspace condominiums in densely populated urban areas.
• Successfully guided a developer in integrating duplexes and triplexes into a multi-level airspace condominium in downtown Seattle, securing zoning approval and structuring agreements for compliance with Middle Housing regulations.
• Secured a zoning variance for a high-rise airspace condominium in Bellevue, allowing the addition of middle housing units while addressing height restrictions, resulting in a timely, successful project.
• Mediated a boundary dispute between stakeholders and a municipality, resolving the issue without litigation and enabling the project to move forward smoothly.

Legal Challenges & Our Solutions

Challenge: Defining Boundaries in Vertical Mixed-Use Properties

One of the most significant legal challenges in airspace condo projects is accurately defining and demarcating unit boundaries in a vertical, multi-use environment. This includes ensuring that shared spaces, such as utilities and access points, are correctly allocated.

Resolution: We have developed customized condominium declarations that address these complexities, ensuring that every stakeholder understands their rights and responsibilities. Our work ensures clear delineation of ownership and use areas, which minimizes conflicts and protects client interests.

Challenge: Securing Zoning Approvals for High-Rise Developments

Airspace condos, especially in urban areas, often require variances or zoning adjustments due to height restrictions, land use classifications, or density regulations.

Resolution: Our attorneys have successfully worked with local zoning boards to secure approvals for airspace condos in multiple cities. We have negotiated variances that accommodate our clients’ development goals while ensuring compliance with local planning regulations.

Challenge: Handling Disputes Between Stakeholders and Regulatory Bodies The intersection of multiple ownership interests and regulatory oversight can lead to disputes during development or operation.

Resolution: We’ve represented clients in successfully mediating and litigating disputes with both regulatory bodies and other stakeholders. By resolving these conflicts quickly and favorably, we help keep projects on track and avoid costly delays.

Successful Outcomes

Mixed-Use Vertical Development in Seattle: Our team helped structure the airspace condominium agreement for a multi-story, mixed-use development, ensuring that both residential and commercial stakeholders had clear ownership and shared space agreements. The project was completed on time, and the structure has become a model for future urban developments.

Urban Airspace Condo Zoning Approval: We assisted a developer in securing zoning approval for a high-rise airspace condo in downtown Bellevue, overcoming challenges related to height restrictions and parking regulations. Our efforts allowed the project to move forward without delays, maximizing value for the client.

Resolving Stakeholder Dispute: In a complex airspace condominium dispute involving shared building systems and maintenance responsibilities, our attorneys successfully mediated a resolution between property owners and the condo association, preventing a lengthy and expensive legal battle.

Our condominium legal team has the experience, knowledge, and creativity to handle the most challenging aspects of airspace development. With a proven track record of resolving legal obstacles and achieving successful outcomes, we are trusted by clients to deliver the legal solutions that drive their projects forward.