Robert M. Diamond

Ballston Metro Center, Arlington, VA – a mixed-use residential, retail, office and hotel project, half fee and half leasehold, over a Metrorail station

Lansdowne Conservancy, Loudoun County, VA – a mixed-use planned community of over 2,000 acres

Fox Hill Master Condominium, Bethesda, MD – a luxury age-restricted three-unit condominium consisting of an assisted living unit, an amenities unit and a residential unit containing 240 independent living units in a subcondominium

Techworld, Washington, D.C. – a mixed-use office, retail and hotel project developed in phases near the U.S. Capitol

Alexandria Towers Condominium, Alexandria, VA – Containing The Jamieson, a Condominium, a 79-unit condominium within a master condominium with a Westin Hotel and retail space

Riverbend at Leisure World Condominium, Loudoun County, VA – one of the six completed active adult condominiums at Leisure World of Virginia developed by the IDI Group and documented by Reed Smith; a “postage-stamp” condominium surrounded by common area of the master association

Wilton House Condominium—After other law firms were unable to reach closure, we negotiated an amicable settlement of a $6 million lawsuit by doing necessary repairs and reimbursing minor repair costs.

Represent numerous lenders in reviewing formation, disclosure and marketing documents for condominiums and homeowners associations as part of the due diligence process in underwriting project construction and unit acquisition loans and in evaluating lender liability risks in evaluating foreclosure or deed in lieu of foreclosure options.

Jon Luria v. Board of Directors of Westbriar Condominium Unit Owners Association – The Virginia Supreme Court ruled that the developer, as a member of the development company, did not owe a fiduciary duty to a condominium association making a warranty claim. The Court reversed a $3.4 million judgment against the developer but did pierce the corporate veil. (February 27, 2009)

Sentinel of Landmark Condominium—General counsel to this highrise condominium in Alexandria, Virginia for over 25 years, keeping within a very limited budget for legal services, and providing advice regarding all on-going operations including employment law issues, rule violations, election procedures, contract negotiations and drafting, etc.

Assisted the Pittsburgh Penguins for the development of the 28 acre Civic Arena site in the Lower Hill District of Pittsburgh, the former home of the National Hockey League team. The project will eventually consist of over 1 million square feet of residential, office, retail, entertainment and hospitality options. There is also a significant affordable housing component to the project. The drive to complete a new master plan for the site involved substantial revisions to the Penguins’ existing redevelopment option agreements along with concurrent efforts connected to tax incentives that included a LERTA (Local Economic Revitalization Tax Assistance) and the explorations of options found in the Federal Opportunity Zone regulations that are part of the 2017 Tax Cuts and Jobs Act. We also assisted with the creation of a Master Owners Association that will govern the common area, residential, office, retail and entertainment venues on the new site along with the new home of the Penguins, PPG Paints Arena. With the long term help of the firm, a $500 million project that can revitalize entire neighborhoods is now ready to break ground.

Parkfairfax Condominium, Alexandria VA – a 1,684-unit condominium conversion accomplished in four phases with major renovations accomplished with tenants remaining in resident

Leisure World of Virginia, Loudoun County, VA – an active adult community consisting of approximately 1.500 condominium units and approved for a total of 2,500 condominium units in 12 condominiums on 95 acres subject to a master association structured as a limited liability company

Montebello Condominium, Fairfax County, VA – a five-phase condominium containing 1,005 units adjacent to a Metrorail station

The Greens at Leisure World Condominium, Wheaton, MD – one of the condominiums in Leisure World of Maryland

Grosvenor Park II, III and IV Condominiums, Rockville, MD – the largest condominium conversion in Maryland

McLean Gardens Condominium, Washington, D.C. – a 720-unit condominium conversion which required the termination and reformation of a previously existing 300-unit condominium

James Place Condominium, Washington, D.C. – a smaller condominium developed in Georgetown, Washington, DC

2601 Parkway Condominium, Philadelphia, PA – a 502-unit condominium conversion of a 1940 landmark building overlooking the Philadelphia Museum of Art

River West Condominium, Philadelphia, PA – an affordable “small unit” conversion

Savannah Harbor, Savannah, GA – a residential master association on an island in Savannah Harbor, including The Reserve at Savannah Harbor, the first portion to be developed, adjacent to a PGA tour golf facility

Rappahannock Landing Condominium, Stafford County, VA – a 66-unit condominium initially created as a land condominium to convey the building pad to the builder while the developer completed the infrastructure. Upon completion of the first building, the documents were amended to reflect the completed midrise units.

The Gatherings at Wellington Village, Manassas, VA – a 606-unit condominium being developed in over 24 phases where the developer will build the infrastructure and the builder will complete townhouses on a phased basis. The structure of the project protects the builder and developer from liability for each other’s work.

Clarendon 1021, a Condominium – In connection with three separate lawsuits, we negotiated a settlement with the condominium association regarding warranty claims (with the association assuming responsibility for additional defects and an escrow for future roof leaks); negotiated a settlement with the seller and the general contractor for construction defects; and assisted in recovering repair costs caused by storm damage from the association’s insurance company.

Stratford Condominium & The Sierra Condominium – Negotiated an amicable cash settlement for warranty claims over a multiyear period.

Carlton House Condominium, Westlee Condominium, Midtown Alexandria Station Condominium & Midtown at Reston Town Center Condominium – Negotiated an amicable settlement for warranty claims by doing necessary repairs.

McLean Gardens Condominium – Negotiated an amicable settlement for warranty claims over multiple years.

Ashland Conservancy – Negotiated for multiple years, reaching an amicable settlement for warranty claims by doing necessary repairs and reimbursing the association for repair expenditures with the association contributing unspent reserve funds.

Review condominium documents for compliance with state law, conformity with Fannie Mae, Freddie Mac, FHA and VA guidelines and provide legal opinion letters necessary to qualify loans secured by such projects for sale to Fannie Mae or Freddie Mac, insurance by FHA or guaranty by VA.

Negotiate terms of workout arrangements with developers of condominiums and homeowners associations, evaluating potential lender liability to existing homeowners (for unfulfilled promises, misrepresentations and construction warranties), unpaid contractors (mechanics lien rights) and local governments (unfulfilled proffer and site plan obligations).

Kenneth Ndeh v. Midtown Alexandria, L.L.C. – The U.S. Court of Appeals for the Fourth Circuit ruled that the sale of a Midtown Alexandria condominium unit was exempt from the Interstate Land Sales Full Disclosure Act and that the purchaser was not entitled to the return of his deposit. (November 189, 2008)

Gordon Properties, LLC v. First Owner’s Association of Forty Six Hundred Condominium – In this series of cases in the Circuit Court for the City of Alexandria, Virginia the Court ruled for our client, the unit owners association, on the interpretation of the condominium instruments. Thus, a vote of the owners was not required to terminate the management company affiliated with one of the unit owners, assessments could be made against street-front commercial units, user fees could be assessed against unit owners having limited common element storage areas and the plaintiff’s requests for an injunction and dissolution of the association were denied. An affiliated entity, Condominium Services, Inc., was held to have converted association funds when it was managing the condominium; that case was appealed and affirmed by the Supreme Court of Virginia. These disputes continue in two cases before the U.S. Bankruptcy Court in the Eastern District of Virginia (one focused on whether a Bylaw provision precluding delinquent owners from voting violates the automatic stay), one case in the U.S. District Court for the Eastern District of Virginia and one case in the Circuit Court for the City of Alexandria (litigating whether a single corporate owner of a unit can elect multiple directors). Many of the issues in these cases are matters of first impression not only in Virginia but anywhere in the United States. (Fall 2008 through Winter 2011) See Condominium Services, Inc. v. First Owners’ Association of Forty Six Hundred Condominium, Inc., 281 Va. 561 (2011).

Bemis v. Lake Holiday Country Club, Inc. – The Circuit Court for Warren County, Virginia dismissed a suit filed by 38 plaintiffs who claimed that the property owners' association for a 2,700-lot development had no authority to collect assessments to maintain common areas, including the private roads in the development, a private dam and 340-acre lake, and various other amenities. Inability to collect assessments would have rendered the community nonviable, and its lots essentially worthless. Our client owned 800 lots in the development. (Fall 2008)

Lee’s Crossing Cases – In this series of cases in Loudoun County Circuit Court, the Virginia Supreme Court and the U.S. District Court for the Eastern District of Virginia we represented the developer and the developer-controlled association in enforcing architectural covenants, defending the validity of the developer’s unilateral right to amend the covenants, defending against a Fair Housing Act discrimination claim and defending against a breach of fiduciary duty claim by some of the homeowners. (2009 through 2011) See Linzie Zinone v. Lee’s Crossing Homeowners Association, 714 S.E.2d 922, 282 Va. 330 (2011). The Zinone case erased the implication of dicta in the Dogwood Valley Citizens Association Inc v. Shifflett case that pre-existing recorded covenants were subject to the provisions of the Property Owners’ Association Act.

Lamden v. La Jolla Shores Clubdominium Association, 980 P .2d 940 (Cal. 1999) – With Michael S. Dingman, drafted the amicus curiae brief on behalf of the Community Associations Institute. In Lamden, the California Supreme Court applied a judicial deference standard where the board’s exercise of discretion was within the scope of its authority and the directors acted in good faith, upon reasonable investigation and with regard to the best interests of the community. This is the first case where the court applied the business judgment rule to the review of actions taken by community association boards of directors.

Crossmann Communities of North Carolina, Inc., et al. v. Harleysville Mutual Insurance Company, August 22, 2011 – Assisted W. Jefferson Leath, Jr. and Michael S. Seekings of Leath, Bouch & Seekings, LLP with the public policy argument in their amicus curiae brief for the Community Associations Institute. In Crossmann, the South Carolina Supreme Court reasoned that the definition of "occurrence" includes "continuous or repeated exposure to substantially the same general harmful conditions" and required the insurance company to cover certain warranty claims against the insured builder.

Atlantic Shores Cooperative Association—Negotiated a significant loan reduction for a continuing care seniors community in Virginia Beach, Virginia saving millions and avoiding litigation and foreclosure.

Lee’s Hill—Represented this large single family homes association near Fredericksburg, Virginia in its on-going operations for several years.

Lake Anne of Reston Condominium—Provided advice regarding allocation of costs for a window replacement program, general advice about on-going operations and special counsel regarding the possible condemnation and redevelopment of the retail portion of the condominium located in Reston, Virginia.

Reston Association—Special counsel to prepare suggested revisions to the original documents prepared in the 1960’s for the “new town” of Reston, Virginia.

Fairview Park Owners Association—Interpreted various document provisions for this office park association in Falls Church, Virginia.

Oakton Estates Homeowners Association—Provided intermittent counsel as needed over many years to a small townhouse association in Oakton, Virginia.

The Plaza Condominium—Provided advice regarding the Board’s power to replace windows and allocate costs for this highrise condominium on the beach in Ocean City, Maryland, defended the association in litigation brought by a contractor and provided on-going advice regarding elections and Board operations.

Kenwood Place Condominium—Advised the Board regarding the acquisition of the land under this leasehold condominium created in the 1970’s, negotiated the purchase agreement and loan, and prepared documentation to incorporate the land into the common elements of the condominium located in Montgomery County, Maryland.

Curran Square Condominium II – Advised the Board regarding the acquisition of the land under this leasehold condominium pursuant to an option in the lease, negotiated the purchase agreement and loan, and prepared documentation to incorporate the land into the common elements of the condominium located in McLean, Fairfax County, Virginia.

Bemis v. Lake Holiday Country Club, Inc. – The Circuit Court for Warren County, Virginia dismissed a suit filed by 38 plaintiffs who claimed that the property owners' association for a 2,700-lot development had no authority to collect assessments to maintain common areas, including the private roads in the development, a private dam and 340-acre lake, and various other amenities. Inability to collect assessments would have rendered the community nonviable, and its lots essentially worthless. Our client owned 800 lots in the development. (Fall 2008)