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Baton Rouge Partner Details Common-Interest Community Declarations in ABA Journal

August 01, 2016

The common-interest community framework is seen in almost all legal forms of real estate-related projects and ranges from condominium complexes, housing developments, vacation timeshares, and numerous mixed-use projects. The foundational document of the common-interest community is the “declaration” or the “covenants, conditions, and restrictions” (CCRs) — a document that sets forth the basic framework of the community, imposes a number of deed restrictions, easements, and servitudes, and establishes a governing association of owners geared toward handling the day-to-day and long-term planning related to the community.

Phelps Dunbar Baton Rouge partner Randy Roussel recently co-authored an article, Community Collateral: Security Rights in Common-Interest Community Declarations in the American Bar Association’s Probate and Property magazine exploring emerging trends common-interest communities, including the anatomy of the declaration of covenants, conditions and restrictions, a survey of CCR collateralization jurisprudence and the Uniform Common Interest Ownership Act approach.

Click here to read the entire story in the July/August 2016 issue of the American Bar Association-Real Property, Trust and Estate Law Section’s Probate and Property magazine.