Airspace Condominium Units Can Avoid the Need to Subdivide

posted by Mark Santagata June 12, 2019

By Michael Cacace, 
Founding Partner

|  In 2007, we successfully argued to the Connecticut Supreme Court that creation of airspace condominium units—thereby creating separate units of development rights on a single parcel—did not require subdivision approval. In Alvord Investment, LLC, et al. v. Zoning Board of Appeals of the City of Stamford et al., the Court held that Stop & Shop could own and develop a portion of air above a property without obtaining subdivision approval. The case established two important precedents which can help reshape modern real estate concepts.

First, it legitimized the creation of a common interest community comprised solely of airspace units under the Connecticut Common Interest Ownership Act. Secondly, it sanctioned the ownership and development of those units by different parties without subdividing the property. Both issues were cases of first impression and have added another tool to the development toolbox.

About Michael J. Cacace

Michael J. Cacace is the founding partner of Cacace, Tusch & Santagata. Listed as one of the “Top Lawyers in Connecticut” in the practice areas of real estate and zoning, he has served as President of the Stamford Regional Bar Association. He is also a board member of the Regional Plan Association, and Co-Chairman of the Connecticut Committee of the Regional Plan Association. Mr. Cacace has received numerous awards for his community involvement, and has served as president of the United Way of Stamford and the United Way of Connecticut. He is a former member of the Democratic National Committee.

Learn more about Michael Cacace and the Zoning & Land Use Practice Group at Cacace, Tusch & Santagata.

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