CONDOMINIUMS AND PUDS

Representation of homebuilders is a major focus of Horack Talley’s real estate attorneys. We assist homebuilders in all of the legal aspects of creating a residential, commercial or mixed-use community, from the acquisition and financing of the land all the way through to selling the subdivided lots or finished buildings, conveying any common area to the association and turning over the association to the  property owners.

Post acquisition, many developers are interested in creating a planned unit development, also known as a “PUD” or condominium project, either of which may include residential components, commercial components, and common areas. Horack Talley attorneys advise developers on which development structure best fits their vision, achieves their development goals, and will most likely fill the needs of the future residents of the development.  We prepare the necessary documents, form the appropriate entities, and file the required plats.  We also assist developers in transitioning control of the association from the declarant to the land owners, including conveyance of the common areas and common elements and formal control of the owners association.  Necessary documentation to establish a PUD includes the Declaration of Covenants, Conditions and Restrictions and Articles of Incorporation and Bylaws for the owner’s association.  Necessary documentation to establish a condominium includes Public Offering Statements; the Declaration of Condominium; and Articles of Incorporation and Bylaws for the owner’s association.