David T. Podein

Partner

dpodein@haber.law

David Podein is a Partner with Haber Law and has been with the firm since 2009. He concentrates his practice on community association representation, real estate, and construction law. Mr. Podein is Chair of the Real Estate and Transactional Department and Co-Chair of the Condominium Department.

Mr. Podein regularly serves as outside general counsel to community associations – counseling his clients on all aspects of their operations (including rule enforcement, elections, interpretation and amendments to governing documents, special assessments and loans, resident disputes, and special projects). Mr. Podein also represents community associations, commercial property owners, general contractors, and design professionals in the financing/loans, approvals, bidding, and contract negotiation for multimillion-dollar construction, capital improvement, and repair projects.

Additionally, Mr. Podein represents real estate developers, investors, lenders, and landlords in connection with real estate-related transactions, including commercial, industrial, and shopping center leasing, landlord tenant negotiations, long-term ground leases and development agreements, distressed asset based transactions, and loan workouts and restructurings. Mr. Podein handles all aspects of commercial and residential real estate and loan closings (including title review, issuance of title insurance policies for owners and lenders, and closing agent services).

Mr. Podein is also outside general counsel to companies located in South Florida. His experience in both arbitrations, litigations, and transactional matters enable him to offer a practical perspective to his clients.

 

PRACTICE AREAS

  • Condominium Law
  • Real Estate Law
  • Condominium Construction Law
 

Educational Background

J.D., University of Miami School of Law, Coral Gables, Florida, 2008


B.A., University of Michigan, Ann Arbor, Michigan, 2005

 
 

ADMISSIONS

  • Florida
 
 

Professional & Bar Association Memberships

  • Miami-Dade County Bar Association - Member
  • University of Miami School of Law Young Alumni Committee - Member
  • Always Keep Pedaling Foundation - Board of Directors
  • First Descents - Alumni Advisory Board
 
 

Representation

  • Condominium General Counsel. Co-Chair of the Firm’s Condominium Department. Outside general counsel to numerous high-end condominium associations. Mr. Podein has represented or currently represents: Apogee Condominium Association, Inc. (Miami Beach); Marea Condominium Association, Inc. (Miami Beach); Bayview Three Condominium Association, Inc. (Fisher Island); 7600 Oceanside at Fisher Island Condominium Association, Inc. (Fisher Island); Faena 3315 Tower Condominium Association, Inc. (Miami Beach); Villa Regina Association,
    Inc. (Brickell) and many other associations in South Florida.
  • Advise and conduct Board meetings, corporate resolutions, amendments to governing documents, special assessments, and other complex issues. Negotiation and  documentation  of  vendor  agreements.  Review and advise Board of Directors on documents, budgeting and reserves, elections and special meetings, and implementation of legal policies and strategic advice on leasing, short term rentals, pet issues, electric vehicles, unit owner alterations and many other matters.
  • Condominium General Counsel. Managed all legal affairs of numerous multimillion-dollar  construction projects in Miami Beach, Brickell, and Fisher Island - from planning and financing, bidding, and through project completion. Negotiated and documented AIA and other contracts with general contractors, sub-contractors, design professionals, and project managers.
  • Commercial Real Estate. Chair of Real Estate Department. Representation of private equity investors in all aspects of the due diligence, acquisition, financing, title/closing, and leasing of commercial real estate assets.
  • Real Estate Development and Commercial Leasing. Lead counsel representing Florida based developer in negotiation and documentation of $40 million dollar ground lease and construction/development agreement with one of the largest global companies as the anchor tenant.
  • Real Estate Finance. Lead counsel representing numerous South Florida based banks in all aspects of real estate and construction secured finance and loan transactions.
  • Residential Real Estate. Representation of purchasers of luxury condominium units in Miami Beach, combination of units and related approvals, refinancing, and renovation projects.
  • Condominium and Construction Law. Negotiated and obtained favorable settlements for condominium associations in multimillion-dollar construction and contract disputes, delay claims, payment claims, and lien enforcements. Negotiated and resolved commercial owner, contractor, and design professional payment disputes, liens, change orders, delay claims, and contract completion issues.
  • Construction Law. Represent commercial owners/borrowers in the negotiation and documentation of multimillion-dollar construction loans from loan commitments through loan closings and modifications.