Condominium & Planned Community

The condominium market faces many challenges—from changing construction defect laws to complex common interest ownership acts. Brownstein’s Condominium and Planned Community team of real estate attorneys, litigators and policy professionals provide developers a comprehensive resource to navigate the complexities specific to this asset class.

Brownstein’s Condominium and Planned Community group provides excellent legal services to its development, finance, equity and other clients investing in this asset class because of its ability to deliver all legal services associated with condominium and planned community development. Our team is able to assist with due diligence; entitlements; acquisition; financing; negotiation of construction contracts; implementation of defect mitigation structures; advice relative to structuring appropriate insurance coverage; assistance with unit registration and  marketing and sales compliance; and representation in connection with any pre- or post-closing disputes that may arise.

Additionally, Brownstein’s state and local government relations team monitors the ever changing regulatory environment related to construction defects law and affordable housing, and is able to advocate and inform our developer and real estate clients of the impacts of those changes.

Representative Matters
  • Counsel to the real estate developer advising on the transactional due diligence and entitlements for the development of Bighorn Crossing, a mixed-use, 140 unit residential and commercial project in Georgetown, Colorado, which will include townhouses and condominiums, a brew pub and a Microtel by Wyndham.

  • Counsel to Sterling Ranch, LLC, a Denver based real estate developer, in the structure of, and governing documents for, Sterling Ranch, a 3,400 acre master planned community in Douglas County, Colorado.

  • The firm is representing ZBlock Holdings LLC in negotiating the financing, the joint venture and the condominium and construction documents, as well as numerous management and property-related agreements, in the redevelopment of an entire city block in lower downtown Denver known as Dairy Block. The project includes Dairy Block, a 6 story, mixed use project with 260,000 square feet of office space, ground floor retail and 170 hotel rooms. The deal required two separate financing/lending deals.

  • Represented the developer in connection with the creation of a residential planned community in Douglas, County, Colorado.

  • Represented the developer in connection with the creation of a mixed-use planned community in Loveland, Colorado.

  • Represented the developer in connection with the creation of a commercial planned community in Littleton, Colorado.

  • Assisted client with de-escalation and resolution of disputes with contractor over claims for additional cost and schedule extensions. Represented client in dispute with architect involving alleged design errors and omissions that led to increased construction costs.

  • Represented the owner in connection with the creation of a mixed-use condominium in Denver, Colorado.

  • Represented developer of large luxury condominium project in negotiation and drafting of owner-architect and owner-contractor agreements. Assisted client in development and implementation of comprehensive risk mitigation and defect avoidance strategy.

  • Represented developer of condominium project in appeals to Colorado Court of Appeals and Colorado Supreme Court in which defaulting unit purchasers had filed lawsuits seeking the return of earnest money deposits.

  • Represented a homeowner in a construction defect case, resulting in dismissal of more than $900,000 in liens and in a residential judgment in excess of $900,000, including a fee award.

  • Served as securities and real estate counsel to Elevation Integrated Hardware Block, LLC in connection with the loan, joint venture structuring and private placement to finance the acquisition of Hardware Block Condominiums at 1515 Wazee Street in Denver.

  • Represented the developer of the Snowmass Village base area in connection with the development of a hotel condominium, luxury residential condominium and subterranean parking garage condominium.

  • Represented developers in connection with development of two hotel condominiums at Mountain Village ski resort.

  • Represented a developer in connection with the redevelopment of two existing condominium projects in Steamboat, Colorado.

  • Successfully represented a mixed-use developer in its build out and partnership disputes related to a major mixed-use infill project resulting in an arbitration claim dismissal. Brownstein continues to handle ongoing business litigation involving the development.

  • Represented a developer in connection with a condominium conversion at Steamboat ski resort.

  • Represented the resort division of a major homebuilder in connection with the development of a mixed-use planned community and a residential condominium project in Las Vegas, Nevada.

  • Represented the developer of the Copper Mountain ski resort in connection with its real estate development projects, including a large master-planned community, seven residential, commercial and mixed-use condominium projects, a fractional interest project and residential lot subdivision.

  • Represented a Colorado development company in connection with development and operation of 330-lot golf-course community in Silverthorne, Colorado.

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Meet The Team

Blair E. Lichtenfels Shareholder T 303.223.1190 blichtenfels@bhfs.com
Jonathan G. Pray Shareholder T 303.223.1211 jpray@bhfs.com
Sean M. Bahoshy Shareholder T 303.223.1229 sbahoshy@bhfs.com
Aaron M. Hyatt Shareholder T 303.223.1107 ahyatt@bhfs.com
Bruce A. James Shareholder T 303.223.1167 bjames@bhfs.com
Andrew L. Meyers Shareholder T 303.223.1193 ameyers@bhfs.com
Hirsch L. Neustein Associate T 303.223.1298 hneustein@bhfs.com
Charles J. Smith Associate T 303.223.1289 cjsmith@bhfs.com
Ashley B. Wingfield Shareholder T 303.223.1218 awingfield@bhfs.com
Carolynne C. White Shareholder T 303.223.1197 cwhite@bhfs.com
Gregory A. Vallin Shareholder T 303.223.1103 gvallin@bhfs.com
Jacob P. Whitted Associate T 303.223.1209 jwhitted@bhfs.com
Rick D. Thomas Shareholder T 303.223.1212 rthomas@bhfs.com