High-Rise and Mixed-Use Associations
Many of the associations we represent are located in mid-rise and high-rise buildings, and we are skilled at advising association boards on the unique issues that a development in an urban/downtown setting or mid-to-high-rise building may face, including legal guidance on enhanced licensing and permitting requirements, varying maintenance responsibilities, complex budgeting, and reserve fund structures and operating rules related to exclusive use common area balconies and terraces.
With respect to mixed-use projects, we represent a number of community associations located in buildings that contain both residential and commercial/retail components in which the commercial/retail units are a part of the association (and the owner of such units is a member of the association), as well as mixed-use projects in which the commercial/retail units are not a part of the association's development and thus not bound by the association's governing documents (or the Davis-Stirling Common Interest Development Act). We are familiar with the various issues that may arise when dealing with commercial/retail units, such as: nuisance factors (e.g., disturbing noises, lights and smells) and the extent to which such nuisances are expected/acceptable in mixed-use developments; regulation of business hours of operation; use of association recreational facilities by commercial unit owners and their guests; and the difference in maintenance and repair responsibilities for commercial/retail units; etc.
We have successfully assisted many associations with addressing the complicated legal and financial issues that high-rise and mixed-use projects present, particularly with respect to contractual disputes related to reciprocal easement agreements and mutual benefit agreements.