Joseph P. McCarthy
Experience
Joseph McCarthy is a partner in the Real Estate and Construction group. A substantial
part of Joe's practice is the creation of residential, commercial and mixed-use
condominiums and other common interest communities. Joe has substantial
experience creating new and conversion condominiums, PUDs and cooperatives;
creating projects involving multiple common interest regimes; negotiating
condominium construction and design contracts; negotiating acquisition and
development loans; secondary mortgage market approval from Fannie Mae, FHA,
Freddie Mac and VA; compliance with RESPA and ILSA; cooperative development and
financing; association governance; termination of condominiums; transfer of
development rights and bulk sales of units; the creation and implementation of sales
and warranty programs; and foreclosures and workouts of common interest
communities. He has been a key participant in legislation affecting condominiums and
is currently chair of the Washington State Bar Association legislative committee that is
drafting a Washington version of the Uniform Common Interest Ownership Act.
Joe was a founding partner of Kantor, Taylor & McCarthy (1998-2008) and an associate
Partner
Seattle, WA
(206) 386-7534 direct
(206) 386-7500 fax
and partner at Reed McClure (1985-1998).
joseph.mccarthy@stoel.com
Representative Work

Development of mixed use, high rise condominium containing two 40-story
towers, 700 residential units and 25,000 square feet of commercial space,
Education

1985, with honors
including ILSA registration of project.

Winner, Van Vleck Moot Court
Creation of 130+ unit, multiphase detached single-family air space condominium,
Competition
including creation of 33-acre wetland bank, negotiation of pipeline crossing and
Best Brief, Regional Competition,
National Moot Court Competition
creation of shared storm water system with nearby developments.

Acquisition of 225+ unit, multi-building apartment project, renovation of project,

management agreements, preparation of disclosure and sales documents and turn
over of association management.
Development of a mixed-use community, including creation of a 150+ unit midrise mixed-use leasehold condominium; creation of 25 attached for-sale leasehold
townhomes; creation of subleases for office and retail centers; and creation of
reciprocal easement and development agreement for condominium, townhomes,
office park and retail center.

Representation of developer in deed-in-lieu transaction for 300+ unit mixed-use
condominium, including retention of developer to manage the project, and
representation of developer in rescission claims by unit purchasers.
Bucknell University, B.A., 1982, cum
laude
creation of conversion condominium, negotiation of unit listing and condominium

George Washington University, J.D.,
Admissions

Washington

Oregon
Joseph P. McCarthy

Creation and development of 34-unit, multi-phase residential condominium with solar thermal and photovoltaic facilities,
creation of rooftop easements for owner of solar equipment, structuring of solar energy tax credit investment, negotiation of
net metering agreements, creation of power supply contracts within the community, acquisition of adjoining land and expansion
of condominium.

Acquisition of 140+ unit apartment complex, preparation of binding site plan to create separate for-sale condominium project
and for-rent apartment project, creation of condominium regime, and drafting of reciprocal easement and cost-sharing
agreement between the condominium and apartment.

Drafting and testimony for legislation to amend Horizontal Property Regimes Act and Washington Condominium Act to unify
termination standards for old and new condominium regimes.

Representation of developer in the acquisition from foreclosing lender of development rights to create 90 additional units in an
existing 150+ unit condominium, negotiation of extension of development rights with association and development of remaining
phases of condominium.

Representation of condominium association in termination of 130+ unit condominium and sale of entire condominium and
disposition of sale proceeds and dissolution of association.

Acquisition of 40+ unsold units and special declarant rights in failed 60-unit condominium project, transfer of pending sales
agreements, FHA and Fannie Mae approval of project and creation of new disclosure documents and sale and warranty
contracts.

Sale of one building in two-building, 50-unit condominium to post-foreclosure investor and amendment of condominium regime
to segregate maintenance, management and assessments for the buildings and to create separate condominium associations and
master association.

Amendment of condominium regime to integrate a renovated multi-story building and a new eight-story building into existing
Pike Place Market condominium, involving creation of new units and changes in common elements and limited common
elements and public areas.

Development of common interest community containing 50+ single-family lots and 30+ condominium units; preparation of CCRs,
binding site plan and association documents for master association; preparation of governing documents for condominium.
Professional Honors and Activities

Selected as one of "America's Leading Lawyers for Business" (Washington) by Chambers USA (currently: Real Estate), 2016

Listed in Best Lawyers in America© (currently: Real Estate Law), 2011-2016

Fellow, American College of Real Estate Lawyers, 2015

Washington State Bar Association, Real Property Probate and Trust Section, Chair-Elect and Treasurer, 2013-present; Director
Real Property Council, 2011-2013; Executive Committee Member, 2009-2011; Newsletter Editorial Board, 2005-2008

Washington State Bar Association, UCIOA Committee, Chair, 2009-present

American Bar Association, Affordable Housing Forum, HUD Committee and LIHTC Committee, Member
Joseph P. McCarthy

NAIOP, Government Affairs Committee, Member, 2010-present

Master Builders Association of King and Snohomish Counties, Housing Policy Committee, Member

Master Builders Association of King and Snohomish Counties, Warranty Committee, Chair

ULI Northwest, Housing Task Force, Member, 2012-present; Delegate to Quality Growth Alliance, 2013-present
Presentations

"Condominium and Homeowner Association Governance: Overview and Updates," Real Estate Section Annual Update, Washington
State Bar Association, 2015

"Key Business Terms in Joint Venture Operating Agreements," Real Estate Joint Ventures and Funds Seminar, Law Seminars
International, 2010

"Dissolution of a Real Estate LLC as a Technique to Avoid Liability After Ballard Square," Development Agreements, Easements
and CCRs Seminar, Law Seminars International, 2007-2008

"Managing the Implied Warranty of Habitability in New Home Sales," Advanced Topics in Residential Development Seminar,
Washington State Bar Association, 2006

"Ethical Considerations for the Homeowners Association and Condominium Association Attorney," Advising Homeowners and
Condominium Associations Seminar, Washington State Bar Association, 2005

"Historic Façade Easements and Transferable Development Rights," Real Estate Development Incentives Seminar, The Seminar
Group, 2004
Publications

Author, "The Implied Warranty of Habitability in New Home Sales," Real Property, Probate & Trust, 2006

Author, "A Brief Description of Low Income Housing Tax Credits," Real Property, Probate & Trust, 2004

Coauthor, "Affordable Housing Development," 2001 Supplement to the Washington Real Property Deskbook (3d ed.)

Author, "New Lead-Based Paint Requirements for Housing Sales," Washington State Bar News, 1996
Business and Civic Activities

Board of Advisors, Schuster Realty Partners, LLC (a real estate/private equity fund)

Former president and board member, Fairness Lobby (a nonprofit civil rights organization)

Former president and board member, Common Ground (a nonprofit housing developer)

Former board member, Real Change (a nonprofit homelessness organization)