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- videocam Live Webinar with Live Q&A
- calendar_month August 6, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Real Property - Transactions
- schedule 90 minutes
Mixed-Use Development: Structuring Air Rights Condominiums and Other Common Interest Community Regimes
Optimal Legal Structures and Core Drafting Challenges; Minimizing Potential Warranty Claims
Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
This CLE course will provide counsel with a review of key legal challenges and approaches for structuring documents for condominiums and other common interest regimes in mixed-use projects. The panel will discuss difficult legal issues involved in the governance of these projects.
Description
Mixed-use projects combine commercial and residential development and construction, leaving counsel with unique zoning, financing, and marketing challenges.
Counsel must address the zoning restrictions and options of subdivision of air rights and horizontal developments. Air rights may be divided into separate units of real property created by the horizontal subdivision of real estate. Two or more parties may possess separate ownership interests or rights of control over real property located in different tracts of horizontal airspace over the subjacent land. There can be more than one owner of the stack-use property, just as one can subdivide and develop side-by-side on a surface subdivision.
The determination of transferable air interests is a critical issue. Development rights in airspace may be sold or transferred to more adjacent zoning lots into one new zoning lot. Then, the unused development rights in one lot may be shifted to the other, even when the individual parcels are separately owned.
The webinar will provide valuable insight into the developer's legal challenges and approaches to structuring and operating mixed-use projects, including zoning and administrative challenges and opportunities. It will also delve into the preferred legal structures for ownership and development of air rights and horizontal mixed-use projects.
Listen as our panel of experienced counsel reviews structuring documents for condominiums and other common interest community regimes in mixed-use developments. The panel will discuss the complex legal issues involved with different types of projects
Presented By
Mr. Diamond concentrates on real property law, with special emphasis on the planning and development of condominiums, mixed-use projects and planned unit developments, preparing community association documents for developers and builders. His practice includes risk management for developers/builders, ensuring compliance with secondary mortgage market requirements (FNMA, FHLMC, VA, FHA, VHDA), negotiation of warranty and construction defect claims, and general representation of community associations. More recently, Mr. Diamond has worked on a number of commercial, hotel and continuing care retirement condominiums as well as litigating association-related issues in state and federal court. His clients include condominium and homeowners associations; developers of new and conversion residential, office and mixed-use condominium and PUD projects; lenders providing construction and permanent financing and assessment-based loans for condominiums and planned communities; and management companies and insurance companies working with community associations. Mr. Diamond has been active in the development of legislation concerning condominiums and planned communities for over 35 years. In that time, he has significant and notable accomplishments, including serving as one of four drafters of the Uniform Condominium Act for the National Conference of Commissioners on Uniform State Laws (which is now the Uniform Laws Commission).
Ms. Spendlove practices in the Real Estate practice group, the Business & Finance practice group, and the Intellectual Property practice group. She represents buyers and sellers in purchasing, selling, leasing, and developing commercial real estate; advises startups and established entities in creating, buying, selling, merging, and maintaining partnerships, limited liability companies, and corporations, as well as entering into a wide range of business contracts. Ms. Spendlove also handles intellectual property issues such as trademarks and copyrights.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, August 6, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Zoning considerations and options for subdivision of air rights and horizontal developments
II. Types of common interest developments: condominiums, planned communities, and reciprocal easement agreements
III. The air rights condominium as an ownership and development vehicle
IV. Structuring air rights condominiums and planned communities to address the challenges of mixed-use development
V. Addressing the for-sale residential component of a mixed-use development
VI. Defending builder contracts from purchaser termination claims
VII. Planning for transition and minimizing potential warranty claims
VIII. Dealing with fractured or failed developments
The panel will review these and other key issues:
- Evaluating the benefits and challenges of using condominium regimes as compared to more traditional legal structures, such as legal subdivisions or ground leases
- Identifying core drafting issues, including association governance, use restrictions, enforcement, and mortgagee protections
- Planning for and minimizing potential unit and common element warranty claims
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