Practice Area

Developer Transition & Developer Issues


The transition of a condominium or an HOA from developer to unit owner control is traditionally the most difficult time for a condominium. The transition can be contentious. It is often difficult just to get the records and access to financial information necessary to operate the condominium. Your condominium or HOA needs legal guidance at this critical juncture. Without it your condominium or HOA can be left with construction defects, budget shortfalls or insurance nightmares.

The ugly truth about condominiums is that some developers will take short cuts whenever the situation presents itself. Others will take short cuts if economics dictate. Developers are sophisticated. Homeowners are not. Developers often believe they have a license to do whatever they want because it is their development and they will attempt to use their sophistication to their advantage. Allcock & Marcus has a reputation for standing up to developers during this process. Whether it’s a gentle nudge, a demand or litigation, let our sophistication put you on equal footing with your condominium developers.

The reality is condominium owners do not know what to expect or what to look for. By way of example, a newly elected condominium board came to one of our attorney looking for certain documents that the developer refused to provide. During the initial intake call the client mentioned that the developer had eight units under construction, which our attorney thought was odd since the development rights provided for in the condominium documents had expired. That condominium not only got its documents, it got ownership of eight (8) brand new townhomes. While that may be an extreme example, we use our knowledge, creativity and leverage to put you in the driver’s seat as opposed to the back seat.

Allow us to help guide you through the transition process and set you up for future success. Allcock & Marcus’s attorneys have a demonstrated track record of success, whether its Massachusetts, Rhode Island, New Hampshire, Maine or Florida.

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