David I. Haas practices in the area of real estate law, with particular emphasis on real estate development (including residential, commercial and industrial), joint venture structuring, transactions and financing, planned community and condominium development, structure and creation of condominium, homeowners association and other governance regimes, commercial leases, construction contracts, zoning and land use. His practice also includes real estate loan restructurings, workouts, receiverships, financing and foreclosures.
A member of the Real Property, Trust and Probate Section of the Pennsylvania Bar Association, he is co-chair of the Section's Common Interest Ownership Committee, the chair of the Planned Residential Development Subcommittee and a member of the Condominium Subcommittee. He is a former member of the Executive Committee of the Philadelphia Bar Association's Real Property Section.
Mr. Haas served as chief draftsman of the Pennsylvania Uniform Planned Community Act and as a co-draftsman for amendments to the Pennsylvania Uniform Condominium Act.
He is a past president of the Delaware Valley Chapter of the Community Associations Institute and a past member of the Chapter's Pennsylvania Legislative Action Committee.
Admitted to practice in Pennsylvania and New Jersey, he is a 1979 graduate of the University of Pennsylvania Law School and a summa cum laude graduate (Phi Beta Kappa) of the University of Pennsylvania.
Areas of Practice
- Commercial and residential real estate development, transactions and financing
- Partnerships and limited liability companies
- Planned community and condominium development and governance regimes
- Troubled Real Estate Projects
- Architect, Construction and Development Contracts
- Commercial Leases
- Zoning and Land Use
- Representation of the majority owner in a joint venture to acquire ownership of one of the largest office buildings in downtown Wilmington, Delaware by a highly structured acquisition of the existing mortgage documents and deed in lieu of foreclosure. The acquisition included third party bridge financing and preferred equity.
- Sale of a fifty percent tenant-in-common interest in an operating nationally flagged hotel in Chapel Hill, North Carolina. This transaction followed having restructured the ownership of the property into a tenancy in common.
- Completion of a joint venture between a senior housing developer and the affiliate of a senior housing public REIT for the construction of a new assisted living/memory care facility in Bergen County, New Jersey.
- Preparation of the condominium documents for Eastern Tower, a 20-story, 200,000-square-foot mixed-use project of community-based non-profit Philadelphia Chinatown Development Corp. at 10th and Vine streets in Philadelphia, Pennsylvania. Eastern Tower is the largest new construction project to be built in the Chinatown section of downtown Philadelphia.
- Restructuring the vertical subdivision governing documents of mixed-use office/retail building in the downtown Chicago, Illinois to accommodate the future development of the property’s air-rights.
- Negotiation and documentation for the sale of a principal’s controlling interest in nationally-recognized architectural firm headquartered in southeastern Pennsylvania.
- Represented Shelbourne Capital LLC in its new joint venture with Red Lion Hotels Corporation, a Spokane, Washington-based public company, involving the acquisition, equity and debt financing, and a capital improvement program for twelve hotels located in Washington, California, Oregon, Idaho, and Utah.
- Managed the team of attorneys that handled, on behalf of Icahn Partners LP for its first-lien financing of multiple casino properties in New Jersey, all of the real-estate elements of the plan of reorganization in the chapter 11 proceedings of Trump Entertainment Resorts, Inc.
- Counsel to equity investor in a joint venture, formed with an affiliate of a national hospitality firm, to acquire the Renaissance Hotel in Syracuse, N.Y. Developed and documented a multi-party, multi-level equity structure for the acquisition of the first-lien mortgage debt and deed in lieu of foreclosure. Handled the financing for the acquisition by the joint venture, change of hotel franchise and product improvement plan (PIP). Developed with tax counsel a transaction structure addressing the potential tax implications for the transaction.
- Special advisory counsel to U.S. division of U.K.-based international real estate investment management firm on equity investment in troubled master planned community in the United States.
- Transaction counsel for sale of stock of multi-family real estate management company.
- Counsel to U.S. bank on loan restructure for residential development.
- Counsel to BLT Architects (executive architect and architect of record) for the $2.5+ billion beachfront casino entertainment resort under construction for Revel Entertainment Group on 20 acres of land along the Atlantic City Boardwalk.
- Counsel to purchaser of multiple retail triple net lease drug/convenience store locations in New Jersey, Massachusetts and Connecticut as part of Section 1033 transaction following acquisition of stock of a corporation whose previously held real estate in New York was the subject to condemnation for public development.
- Counsel for the acquisition of multiple parcels in Center City, Philadelphia, Pa., for the site of Lenfest Hall of the Curtis Institute of Music.
- Representation of real estate development/management firm in joint venture for new construction "LEED (Leadership in Energy and Environmental Design) Certified" multi-building office complex acquisition in Washington, D.C. area. Project is more than 300,000 square feet.
- Representation of primary equity syndicator in $70 million acquisition of interests in 460,000-square-foot regional East Coast retail outlet shopping center. Structured acquisition to avoid transfer-tax exposure on acquisition. Created ground lease and distribution loan structure to facilitate primary and mezzanine-level securitized acquisition financing and meet commercial mortgage-backed securities rating-bureau standards.
- Ongoing representation of a major real estate opportunity fund in its major equity investments in the real estate projects and developments nationwide - including recent acquisition of multi-complex apartment properties portfolio with more than 4,000 units; assisted-living facilities, residential waterfront development; and urban telecom-switching facilities.
- Representation of equity general and limited partners in real estate investment partnerships in connection with joint-venture on regional performing arts center private parking facility in Philadelphia and various suburban office buildings.
- Representing a private golf club partnership in its parcel assemblage, land acquisitions and zoning and development approvals for development of a second 18-hole golf course and accompanying housing sites in Chester County, Pa. Also served as real estate counsel for the land acquisition, design and construction of the client's first 18-hole course.
- Counsel to a regional home-builder in connection with all of its corporate, financing and development activities as well as its sale of company assets to a national home-builder.
- Representation of a regional urban residential developer of market housing for its joint ventures for the development of urban sites.
- Serve as corporate and business counsel to a multi-site amusement and water park owner and operator ranked among the top ten amusement park companies in the United States.
- Representation of architectural firm in the negotiation of design contracts for a hi-rise office Philadelphia tower, multi-phase waterfront residential development, and other private and public development projects.
- Representation of partners in a shopping mall developer with regard to a transfer of partnership interests to a public real estate investment trust
- Representation of purchaser of mixed use residential and retail high-rise building in transaction with planned condominium conversion for the residential component of the building.
- New Jersey
- Supreme Court of New Jersey
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the District of New Jersey
- Supreme Court of Pennsylvania
- University of Pennsylvania Law School, J.D., 1979
- University of Pennsylvania, B.A., Economics and History, summa cum laude, 1976
Phi Beta Kappa
- Duane Morris LLP
- Chairman, Duane Morris Partner Technology Committee
- Former Member, Duane Morris Partners Board
- Partner, 1987-present
- Associate, 1979-1987
- Chief Draftsman of Pennsylvania Uniform Planned Community Act (68 P.S. § 5401 et seq.)
- Pennsylvania Bar Association
- Real Property, Probate and Trust Law Section
-- Chairman, Common Interest Ownership Committee
--- Uniform Condominium Act Subcommittee
--- Chairman, Uniform Planned Community Act Subcommittee
-- Legislative Relations Committee
- Corporation, Banking and Business Law Section
- Philadelphia Bar Association
- Real Property Section
-- Former Member, Executive Committee
-- Chairman, Condominium, Cooperative and Planned Community Committee
-- Nominating Committee, 1994
- Co-Draftsman of Amendments (1992) to Pennsylvania Uniform Condominium Act (68 P.S. § 3101 et seq.)
- Lead witness, House Bill 1757, the Uniform Planned Community Act, hearing of the Pennsylvania Senate Urban Affairs and Housing Committee, June 1996.
- Chairman, Common Interest Ownership Committee and Planned Residential Development Subcommittee of Pennsylvania Bar Association Real Property, Trust and Probate Section
- Delaware Valley Chapter of Community Associations Institute (CAI) - Attorneys' Committee - Board of Directors, 1983-1990 - President, 1985-1987
- Chairman, Planned Residential Development Subcommittee and member of the Condominium Subcommittee of Pennsylvania Bar Association Real Property, Trust and Probate Section
- Pennsylvania Legislative Action Committee
- Chairman, Condominium, Cooperative and Planned Community Committee, Philadelphia Bar Association Real Property Section
Honors and Awards
- Listed in Pennsylvania Super Lawyers, 2004-2017
- Listed in Super Lawyers Corporate Counsel Edition, 2009-2010
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
- Camp Ramah in the Poconos - Board of Directors
- Neighborhood Club of Bala Cynwyd Civic Association, Bala Cynwyd, PA - Board of Directors and Zoning Committee Chairman
- Bala Golf Club, Philadelphia, PA - Board of Directors
Civic and Charitable Activities
- Appointed to Lower Merion Township Transportation Services Area Advisory Committee in connection with City Avenue Rezoning
- Zoning Committee Chairman, Neighborhood Club of Bala Cynwyd Civic Association
- President, Community Associations Institute Delaware Valley Chapter (1985-87)
- Former President, Camp Ramah in the Poconos
- Co-author, "Pa. Superior Court Extends Protection of Implied Warranty of Habitability to Subsequent Purchasers of a Newly Constructed Home," Duane Morris Alert, December 11, 2012; republished in Real Estate Law360, Pennsylvania Law360 and Contract Law360, January 15, 2013
- Co-author, "Pennsylvania Planned Communities and Condominiums in Light of Shaffer Decision: What Now?" Duane Morris Alert, February 12, 2010
- "U.S. Treasury Department Permits More Modifications for Securitized Commercial Mortgages," Duane Morris Alert, September 23, 2009
- "Buyers in Shared Facilities Need to Ask Questions," Quarterly Real Estate Report, Philadelphia Business Journal, April 25 - May 1, 1983 at pg. 32
- Co-author, outline on Turnover of Control and Continuing Management Concerns for Pennsylvania Bar Institute Course on Condominiums in Pennsylvania (Publication No. 1980-127)
- Co-author, article submitted to Community Associations Institute on the topic of Condominium, Homeowners' Associations and Cooperatives: Similarities and Distinctions
- "Governing the Lender-Controlled Community Association in a Foreclosure," The Real Estate Finance Journal, Summer 1993
- Author, articles published in The Legal Intelligencer and the Pennsylvania Law Journal on the Pennsylvania Uniform Condominium Act and Unit Property Act, November 1980
- Co-author, "Collection of Delinquent Condominium Association Assessments under the Pennsylvania Uniform Condominium Act," Community Associations Law Reporter, May 1983
Selected Speaking Engagements
- Panel, Duane Morris Roundtable Seminar Program - "Pennsylvania Planned Communities and Condominiums in Light of Shaffer Decision" - scheduled for April 16, 2010
- Moderator and Panel, "Distressed Real Estate", a Duane Morris Real Estate Roundtable Seminar Program, Philadelphia, PA, April 22, 2009
- "Developing a Law Firm Web Site," PBI Technology Institute, Philadelphia, Pennsylvania, February 4, 2000
- Lecturer, "Homeowner Associations--Myths and Facts," Chester County Board of Commissioners, May 1987
- Faculty Member and Speaker, "Pennsylvania Law of Common Interest Ownership Projects'" Third Annual Real Estate Institute, sponsored by the Pennsylvania Bar Institute, Philadelphia, Pennsylvania, December 9, 1999
- Lecturer, "The Transition Process: A Developer's Perspective - Avoiding the Pitfalls and Risks," 22nd National Conference of Community Associations Institute, San Diego, CA, April 1987
- Faculty Member and Speaker, "Condominiums, Cooperatives and Planned Communities," Second Annual Real Estate Institute, sponsored by the Pennsylvania Bar Institute, Philadelphia, Pennsylvania, December 1-2, 1998
- "Intranets and Extranets: Developing an Online 'Community' for your Law Firm and Its Clients," PBI Technology Institute, Philadelphia, Pennsylvania, February 22, 2001
- Moderator, "Inner-City Commercial Development Opportunities and Funding," sponsored by The Urban Development Group, Philadelphia, Pennsylvania, April 16, 1998
- Instructor, CAI Leadership Training Program on legal matters relating to Condominium and Homeowner Associations
- Course Planner, Co-Author and Lecturer, "Developing Common Interest Ownership Projects," Pennsylvania Bar Institute course (Publication No. 1985- 311), Fall 1985
- Faculty Member and Speaker, "Condominiums, Cooperatives and Planned Communities," First Annual Real Estate Institute, sponsored by the Pennsylvania Bar Institute and the Real Property, Probate and Trust Law Section of the Pennsylvania Bar Association, Valley Forge, Pennsylvania, October 22-23, 1997
- Lecturer on Planned Unit Development and Condominium Communities including sessions at National CAI Conferences in Dallas (on financing condominium unit sales), in Chicago (on conflicts of interest representing condominium and homeowners associations) and in San Francisco (on liability and insurance matters relating to condominium and homeowners associations).
- Lecturer, "Pennsylvania Uniform Planned Community Act," Pennsylvania Land Title Institute, Pennsylvania Land Title Association's Lehigh Valley Chapter, Bethlehem, Pennsylvania, September 1997
- Lecturer, "The Development of Condominium and Homeowner Association Projects," Pennsylvania Conference of Township Supervisors, Hershey, Pennsylvania
- Course Planner and Panel Member, "The New Uniform Planned Community Act," at various seminars throughout Pennsylvania sponsored by the Pennsylvania Bar Institute, Delaware County Bar Association Real Estate Lawyers, Home Builders Association of Bucks/Montgomery Counties, Home Builders Association of Chester/Delaware Counties, the Chicago Title Insurance Company, and the Pennsylvania Land Title Association, February-April 1997
- Co-lecturer, "Receiverships: Creating Opportunity from Adversity," The Delaware Valley Chapter of the Institute of Real Estate Management's 1991-92 Real Estate Forecast, Philadelphia, September 1991