Commercial Real Estate

As a firm, we specialize in commercial real estate and our attorneys have decades of experience representing clients and resolving the myriad of issues and complications that arise in acquiring, selling, financing and developing real estate. From the initial negotiation, to drafting of contracts, assistance with due diligence investigation of property, title insurance and easement issues, and finally to closing, our attorneys will guide you through this process and assist you in making informed and well-reasoned decisions.

Common Interest Communities

Since the inception of the Colorado Common Interest Ownership Act (CCIOA), numerous new communitities have been developed and many existing communities have been converted into common interest communities and made subject to CCIOA. Several of our attorneys have considerable experience representing either the developer or the actual not-for-profit corporation created for the property owners' association.

We can assist with:

  • Company formation documents
  • Drafting the Declaration of Covenants, Conditions and Restrictions (Declaration or CC&Rs), Bylaws, and the Rules and Regulations of the owner's association
  • Project development and relinquishing control of the association over time
  • Conversion of apartment buildings to CCIOA condominiums
  • All types of Common Interest Communities, including office condominiums, mixed use residential/commercial/retail buildings, recreational projects and covenant controlled single-family residential subdivisions
Financing and Purchases

One of our primary specialty areas is representing both commercial lenders and borrowers in a variety of financing arrangements. We have worked with acquisition, mezzanine, development, and construction loans. Jim Benjamin began his career as a loan officer for a large bank and is an expert in representing large commercial lenders and borrowers and documenting loans for real estate acquisitions, refinancing, and construction and development loans. National lawfirms frequently utilize us to render local opinions of counsel on enforcibility of the loan under Colorado law, while general practitioners find comfort in the expert assistance we can provide in associating with them.

Easements - Including Conservation Easements, Reciprocal Easement Agreements, Access and Utility Easements

We regularly draft easements of all types to handle issues of access and encroachments, to provide necessary locations for installation of utilities, to accommodate shared parking arrangements (REAs), and to create conservation easements.

Leases

When it comes to leasing property, commercial offices, retail facilities, or industrial properties, our attorneys can provide expert legal advice in negotiating and drafting leases. Whether it involves a simple gross lease (where all of the expenses are covered by the landlord) or a more complex triple-net lease (where the tenant must pay for its proportionate share of operating expenses), our attorneys have prepared them for both office, residential, and retail spaces. Additionally, our attorneys will provide legal advice and prepartion of transaction-specific documents, including assignments, subleases, subordination and non-disturbance agreements (SNDA), and guaranties of leases.

1031 Exchanges

There are substantial tax benefits available through a tax-deferred exchange of real property under § 1031 of the Internal Revenue Code. Our attorneys are well-versed on the tax implications of various transactions, how to structure transactions to maximize the benefits and how to take advantage of an IRC § 1031 exchange to defer capital gains taxes. Brent Houston holds an advanced degree (LLM) in tax law, has been published in the Colorado Lawyer on the subject of maximizing capital gains (while minimizing ordinary income treatment) and is extremely resourceful in finding answers to difficult tax questions.

Attorneys