Condominiums and Other Common Interest Communities

Edward S. Hill has broad and in-depth experience in the creation, operation, and management of condominiums, cooperatives, and other forms of shared ownership of real estate.  He has frequently used innovative condominium ownership structures to accomplish the business objectives of the client.

Mr. Hill’s common interest community practice includes design and documentation for condominiums and other common interest communities, preparation of public offering statements, incorporating and counseling the owners association and its board of directors and officers on an on-going basis.

Mr. Hill is an active participant in condominium association groups and the development of the condominium law and practice, including:

  • A lead author of the Connecticut Common Interest Ownership Manual, Second Edition, published by the Connecticut Bar Association LawFirst publishing division.  The Manual contains model documents and extensive commentary on requirements and best practices in the creation and operation of condominium communities.
  • Member of the Connecticut Law Revision Study Committee on the 2008 Amendments to the Common Interest Ownership Act which developed the proposed legislation amending the Common Interest Ownership Act that was adopted as PA 09-225. 
  • Member of Community Associations Institute of Connecticut Lawyer’s Council.

Representative Condominium and Common Interest Community Matters:

  • Counseled Goat Island South Condominium Association, Newport, Rhode Island and prepared restated documents to reflect Rhode Island Supreme Court decision in unit owner dispute.
  • Prepared documents for various types of condominiums and planned communities:

    • Single and duplex detached,
    • Townhouse,
    • Low and high rise buildings,
    • Age-restricted,
    • Master associations with constituent condominiums,
    • Commercial, residential, and mixed-use properties,
    • Air space and dockominium units.
    • Amendments and restatements of condominium documents to comply with changes in condominium laws and implement changes desired by the community to reflect current conditions.
    • Consulting counsel to other attorneys in the design and documentation of condominiums and other common interest communities and operational and management.
    • Counseled condominium unit owners groups on transition of control from developer to association and other issues, including issues faced by an association arising from foreclosure of developer and acquisition by successor developer.
    • Designed and implemented a settlement between a condominium association and prior industrial owner of a portion of condominium property for purchase of 21 units and withdrawal of contaminated land on which the units were located.
    • Counseled associations and unit owners on enforcement of community documents and conduct of meetings.
  • Represented and counseled banks and associations on loans to association and pledge of common charges as collateral.
  • Represented and counseled declarant on exercise of development rights and special declarant rights for expansion and contraction of community.
  • Represented and counseled declarants and associations on turn-over of control procedures and issues.
  • Represented association in the resolution of dispute with unit owner over conflict between need for roof repairs and limited common element claim for use of roof area as patio and garden.
  • Represented association in negotiation of resolution and termination of developer retained “transfer fee” on sales of units.
  • Represented associations and unit owners on disputes related to allocation of maintenance responsibilities.
  • Counseled and implemented adoption by cottage site cooperative of updated bylaws and proprietary lease to conform to the Connecticut Common Interest Ownership Act.
  • Expert witness in condominium-related litigation, including, legal malpractice cases.

Counselors of Real Estate

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Cappalli & Hill, LLC - 325 Highland Ave, Cheshire, CT 06410
| Phone: 203-272-2607

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