Donna McMillan is an attorney specializing in the following areas: real estate law, land acquisition, contract review, creation of homeowners associations and condominium regimes, compliance, consumer protection laws, and more.

Donna M. McMillan

Attorney Profile

Donna M. McMillan is recognized as one of the foremost real estate attorneys in the Washington, D.C. Metropolitan area. As part of our real estate practice, Ms. McMillan works with residential developers and builders from land acquisition to house sale and beyond. Her extensive real estate experience includes providing such services as contract review, preparation and negotiation; title review and analysis; loan document review, negotiation and settlement; preparation and negotiation of joint venture arrangements; entity formation; drafting easements and deferred water and sewer assessment covenants; formation of homeowners associations and condominium regimes; and drafting of consumer contracts and compliance with consumer protection and disclosure laws.

Ms. McMillan also has extensive experience with estate planning and administration, assisting clients with planning for estates, drafting wills, trusts, powers of attorney and living wills.

Practice Areas

Estate Planning and Administration

Real Estate

Substantive Areas Include:

Homeowners Associations and Condominiums [Maryland and Virginia]:

Prepare Declarations of Covenants, Supplementary Declarations, Bylaws and Articles of Incorporation for residential homeowners associations and Declarations of Condominium, Supplementary Declarations, Bylaws and Articles of Incorporation for residential and commercial condominium regimes for new developments;
Evaluate warranty risk and assist in structuring the most beneficial homeowners associations and related and multi building condominium regimes;
Analyze documents for existing communities and advising on what can and cannot be accomplished under them;
Review and advise on proposed association and condominium budgets and management company engagement ;
Prepare the peripheral documents relating to new homeowners associations and condominium regimes including but not limited to deeds for common area parcels to the homeowners associations, governmental entities or state highway association, cooperation/shared maintenance agreements between homeowners associations and others and easements and right of way;
Prepare attorney opinion letters and provide related assistance with project VA, FHA and FNMA approvals;

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Prepare homeowner association disclosure notices, certificates and documents packages for sales of homes to individual customers and prepare and secure the necessary approvals of the condominium public offering statement for sales of condominium units to individual customers;
Prepare and file local and state governmental depository statements and Realtor commission filings

Other Owner Associations/Joint Use Arrangements [All Local Jurisdictions]:

Negotiate, draft and record commercial retail and office park joint use Declarations and document the overall owners association and sub associations that are generally a part of the same;
Evaluate the appropriate structure for a commercial condominium to divide an office building, industrial or warehouse space into units, both with existing occupants and/or tenants and without, and drafting and recording the condominium documents that create the same;
Negotiate, draft and record joint use agreements between individuals or separate owners associations for shared facilities

Acquisition and Sales Agreements [Maryland, Virginia, District of Columbia, West Virginia, Pennsylvania (with local counsel)]:

Draft and negotiate, with quick turnaround, purchase and sale of property agreements including raw land, finished and unfinished lots, commercial condominium units and commercial buildings and purchase and sale of membership or partnership interest agreements;
Consult and advise on the most beneficial structure of a property sale based upon cost, generally tax concerns, such structures including but not limited to joint venture limited liability company arrangements;
We specialize in unique structures for unique needs;
Draft separate land development and lot finishing agreements between the same parties or with a third developer entity if the structure dictates

Government-Developer Contracts [Maryland]:

The firm drafted the first county developer rights and responsibilities agreement in Charles County, Maryland, secured approval for it and helped implement it and brings this expertise to other counties as these agreements become more prevalent;
Draft and secure approvals for private and public recreation facilities agreements and related agreements in Maryland counties

Due Diligence, Title and Closings [Maryland, Virginia, West Virginia, Pennsylvania (with local counsel)]:

Thorough title review of real property under contract and work with project engineers to present an analysis that goes beyond a simple title commitment and evaluate aspects of a property that require consideration in a subdivision and development context;
Actively engage in solving problems presented by such a review, including but not limited to those relating to ownership and the chain of title, inconveniently located rights of way, boundary issues, acreage issues and unreleased liens;
Attorneys in the firm are agents for Chicago Title Insurance Company and the firm conducts closing of all types in Maryland. The firm works with local counsel in other jurisdictions to assist with closings there;
Evaluate and recommend the optimum method of recordation to achieve the lowest possible cost, given the jurisdiction involved

Financing:

Draft loan commitments and loan documents on behalf of private and commercial lenders and conduct the due diligence review required in connection with the loan closings
Review and negotiate traditional acquisition, development and construction financing and refinancing
Negotiate and document equity contribution, joint venture and other less traditional types of financing arrangements

Private Water and Sewer Charges [Maryland]:

Prepare and record Declarations establishing deferred connection and water and sewer charges
Prepare disclosure statements for home purchasers subject to the Declarations
Negotiate and document the sale and purchases of water and sewer charges
Review and negotiate financing secured by water and sewer charges
Prepare and file the documents establishing the water and sewer collection entities and the operating agreements governing them
Collection of past due water and sewer charges

Easements and Other Property Rights [All Local Jurisdictions]:

Prepare and record easements, rights of way, restrictive covenants, boundary agreements, joint use agreements, contribution agreements and all other types of agreements relating to real property rights
Evaluate existing property instruments and advise as to the effect of and ability to amend or eliminate the same
Prepare and record agreements with property owners and owners associations to grant easements and rights of way as the same are needed in the development process
Evaluate the appropriate parties and prepare and record termination of easements and rights of was as the same are needed in the development process
Evaluate and negotiate historic preservation and conservation easements

Real Estate Venture Agreements [All Local Jurisdictions]:

Draft trusts, and draft and negotiate limited liability companies, partnerships and corporations for the undertaking of real estate joint ventures

Consumer Sales [Maryland and Virginia]:

Evaluate federal, state and local requirements and draft master sales contracts for use by builders in consumer sales
Assist builder, developers and management companies in evaluating risk in and resolving consumer concerns and complaints

Clients Include:

Builders
Developers
Brokers
Lenders
Investors
Management companies
Engineering firms

Professional Associations and Memberships

Maryland State Bar Association
Virginia Bar Association
Home Builder's Care Foundation of the Maryland National Capital Building Industry Association, Director 1999-2000.